The purpose of this chapter is to establish regulations and provide appropriate flexibility within this title to promote quality development. Sections within this chapter apply generally to all lots and parcels, and to modifications of the provisions of this title.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Sections within this chapter generally modify or apply special conditions to zones or other standards of this title. The director shall have the responsibility to determine the appropriate use of these standards and to exercise applicability on an individual project basis. All appeals of director decisions shall be subject to the process standards of Chapter 11.50, Administration, and Chapter 11.51, Permits and Procedures.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The design standards of this title are intended to promote quality, orderly development within the city. As identified in Table 11.30-1, Administrative Modifications, particular design standards of this title may be adjusted, subject to the applicant providing the necessary information for the director to make an informed decision in granting or denying the request for modification. The director may elect to refer the application to the planning commission.

A.    Administrative Modification. Upon determination by the director that the modification request is consistent with the applicable requirements of this title, the identified standards may be modified administratively, consistent with Table 11.30-1, Administrative Modifications. The director may allow modifications beyond the limits identified in Table 11.30-1 if the director deems such modifications to meet the intent of the general plan and this title, and the requests are not determined to be major modifications. Additionally, the director may approve multiple modifications beyond the limits of Table 11.30-1 under one application, and would not require multiple review periods.

B.    Major Modification. Requests that are deemed by the director to be major or significant (i.e., requiring approximately four or more variances or modifications), but are consistent with the intent of this title, are to be processed with a recommendation from the director for review and action by the planning commission or city council.

C.    Limits of Modifications. Upon determination by the planning commission or city council that the request for a major modification does not comply with the intent of this title, such request shall be deemed ineligible for a modification and shall be processed as a zoning code amendment or variance, consistent with Chapter 11.50, Administration, and Chapter 11.51, Permits and Procedures.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The standards of this section shall be used in conjunction with Section 11.23.040, Achieving pedestrian/human-scaled development. Block requirements for urban mixed-use zones shall be as follows:

A.    Blocks. Should be walkable from one intersection to the next, providing a continuous and cohesive sidewalk. All parcels with frontage along the same right-of-way shall contribute to (financially or through the development of) the continuous and consistent pedestrian sidewalk.

B.    Lot Width Standards. The development of blocks is intended to create a cohesive and pedestrian-friendly environment at a walkable scale. Individual parcels or projects shall contribute to the creation of blocks, consistent with the standards of this title.

C.    Minimum Lot Area. All lots shall conform to the minimum lot area requirements of the applicable zone. Any lot may be subdivided, including through-lots, where all the resulting lots meet the minimum lot requirements of the applicable zone.

D.    Through-Lots. Through-lots may be improved as a single lot, provided the development is consistent with the front or primary frontage setback requirements of the applicable zone on both frontages to maintain neighborhood character.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

All development in all zones shall be subject to the following standards.

A.    Main Building Structures. An accessory building shall not be constructed or maintained on a property without a main structure without a temporary use permit.

1.    Accessory structures shall not be permitted between the main structure and the street frontage unless approved by the director. In such cases, the approved accessory structure shall not violate the minimum front property line/frontage setback requirements.

B.    Dwelling Unit Size. Each newly constructed dwelling unit shall contain a minimum square feet of floor area consistent with Table 11.30-2, Minimum Dwelling Unit Size, based on the number of bedrooms.

C.    Driveways.

1.    The width of the driveway shall be limited to the width necessary to access the permitted parking spaces. The full width of the driveway shall terminate into a garage or carport; narrowing of the driveway width is allowed to facilitate site design.

2.    Driveway depth shall be regulated per the following to properly facilitate lot layout and on-site parking. Short driveways for NL zone small lot configuration and NM zone lots are permitted at three feet from the back of the curb. Standard driveways with a depth of eighteen feet or greater from the back of the curb are permitted for any NL zone or NM zone lot; resident or guest parking is permitted in a driveway with a minimum depth of eighteen feet. A driveway with a length between three feet and eighteen feet shall not be permitted. See Figure 11.30-1 for a diagram of this standard.

Figure 11.30-1 Minimum Driveway Depth

D.    Building Entrances.

1.    The primary entrance shall be distinguished by architectural features such as the following:

i.    An entry portal;

ii.    Change in material or color;

iii.    Change in scale of other openings;

iv.    Addition of columns; or

v.    Lintels or canopies.

2.    Secondary entrances shall have architectural features that are smaller in height and width, with fewer or simpler architectural elements than the primary entrance in scale and detail.

E.    Buffer Setback Required. Where adjacent to heavy industrial or light industrial uses (zones LI, M2, or M3), site planning for new residential or new mixed-use development projects, including residential, shall incorporate a minimum forty-foot setback buffer. The forty-foot setback buffer may include any of the following uses or site design elements:

1.    Alley to access alley-loaded garages;

2.    Surface or structured parking;

3.    Public or private street;

4.    Landscaping and/or open space features; or

5.    Other landscape, architectural, or site development feature, as deemed appropriate by the director.

F.    Building Lighting.

1.    Building design shall integrate building-mounted lighting, consistent with the design and character of the structure, to aid in lighting the following areas:

i.    The pedestrian way, including areas along primary or side streets;

ii.    Pedestrian paths, including mid-block connections, from parking lots or parking structures to the building or street;

iii.    Entryways and lobbies.

2.    All lighting fixtures, including building-mounted lighting and pedestrian fixtures, shall adhere to the standards of this title.

3.    All exterior building and landscape lighting shall meet the following requirements:

i.    Be directed onto the premises, resulting in no glare or reflection onto adjacent properties or public right-of-way; and

ii.    Emanate only from fixtures located under canopies or hoods, under eaves of buildings, or at ground level in the landscaping.

4.    See Section 11.33.070(H), Parking structure guidelines, for parking structure lighting regulations.

G.    Service Areas and Mechanical Equipment. Service areas, service entrances, and mechanical equipment shall be visually unobtrusive and integrated with the design of the site and compatible with the building.

1.    Service entrances, waste disposal areas, and other similar uses shall be located adjacent to alleys and away from the primary frontage of the lot.

2.    Utility boxes shall be positioned to not be seen from the primary frontage of the lot by locating them on the sides of buildings and away from pedestrian and vehicular routes, or by locating them within interior building corners, at building offsets, or at other similar locations where the building mass acts as a shield from public view.

3.    Air intake and exhaust systems or other mechanical equipment that generates noise, smoke, or odors shall not be located on or within ten feet of the front façade (including side street façade).

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Public Utilities and Easements. The installation, maintenance, and operation of public utilities, subject to the regulation of the California Public Utilities Commission, shall not be hindered by the provisions of this title. This title does not restrict the right of a public utility to increase the capacity of facilities necessary to and used directly for the delivery of or distribution of services.

1.    Public Easements. All developments that include mapping of private streets or provision of public utilities on site shall record public utility easements over the entire private street network and over other portions of the project to accommodate access and urban infrastructure. The planning commission may also require access routes necessary to ensure that firefighting equipment can reach and operate efficiently in all areas of the project.

2.    Residential Neighborhood Zone Provisions. All required yards in the NL and NM zones shall be maintained regardless of the installation of a public utility. Such installation or utility maintenance shall not require enlargement of the site.

B.    Utility Service. The developer or owner of a property shall be responsible for utility service connections, in cooperation with the responsible utility companies.

1.    Undergrounding. All new development and new subdivisions shall be required to install on-site utility, phone, and cable television/Internet facilities underground in accordance with the respective industry standards. Transmission lines shall be exempt from this requirement.

2.    Screening. Transformer, terminal equipment, and public utility boxes shall be undergrounded where possible. Where utilities are located within view of public rights-of-way due to utility or site constraints, all transformer, terminal equipment, and public utility boxes shall be placed underground when feasible. If not feasible, the utility shall be screened from view, equal to the height of the equipment, from streets and adjacent properties. Screening shall be architecturally similar to the closest primary structure.

3.    Amateur/Nonpublic Antennas. Amateur and nonpublic transmitting and/or receiving antennas shall meet the following standards:

i.    Antennas shall conform to required setbacks consistent with accessory structure setbacks within the applicable zone; see Chapter 11.43, Second Dwelling Units and Accessory Structures.

ii.    Antennas shall not exceed sixty feet in height, as measured from the finished grade of the lot, except with the issuance of a CUP.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Additional wall height and design features for security fencing may be permitted on a case-by-case basis. Where properties can show the permitted land use or adjacency condition of the property warrants additional security fencing in excess of the applicable zone development standards, the following standards shall apply:

A.    All additional security fencing beyond six feet may be permitted up to a maximum of eight feet subject to an administrative plan review.

B.    Security fencing may be permitted between residential uses along interior or rear property lines subject to an administrative plan review.

C.    The property requesting security fencing shall have at least one of the following conditions:

1.    Currently maintains or is applying for an industrial land use consistent with the land use permission of the applicable zone;

2.    The property is adjacent to an existing LI, M2, or M3 zone property where security is a concern; and/or

3.    The property is adjacent to a road, alley, or utility or easement where security is a concern.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

It is the intent of the city of South Gate to accommodate the current and projected housing needs of the city’s workforce by providing a diverse mix of housing types and a broad range of housing prices. The purpose of this chapter is to provide incentives for the production of affordable housing in accordance with California Government Code Section 65915 et seq., and as amended.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

This chapter applies to any residential development of five or more units (except for senior housing, which requires a minimum of thirty-five units) when an applicant proposes a density increase above the maximum allowable residential density. In exchange for the density increase, a portion of the units will be reserved for lower-income households, senior households, or moderate-income households, as provided in this chapter.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

“Affordable housing agreement” shall mean a legally binding, written agreement between the city and a developer, in form and substance satisfactory to the city attorney, ensuring compliance with the requirements of this chapter.

Affordable Housing Costs. As defined in California Health and Safety Code Sections 50052.5 and 50053, or any successor statute or regulation.

“Affordable units” shall mean the units reserved for lower-, low-, or moderate-income households or senior households in order for the project to be eligible for the density bonus and incentives.

“Child care facility” shall mean a facility other than a small- or large-family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.

“Density bonus” shall mean an increase over the otherwise maximum allowable residential density as specified by this title.

“Density bonus units” shall mean the residential units granted pursuant to the provisions of this chapter that exceed the maximum residential density for the development site.

“Director” shall mean the community development director of the city of South Gate or his/her designee.

“Located within one-half mile of a major transit stop” means that any point on the proposed development (for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a parking ratio pursuant to this chapter) is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

“Los Angeles County annual median income” (“AMI”) shall mean the annual median income for Los Angeles County, adjusted for household size, as published in the California Code of Regulations, Title 25, Section 6932, or its successor provision.

“Low-income households” shall mean households whose income does not exceed the lower-income limits applicable to Los Angeles County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

“Low-income units” shall mean housing units restricted to occupancy by low-income households at affordable housing cost.

“Lower-income households” shall mean the inclusion of both low-income and very-low-income households.

“Lower-income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Education Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower income students under this chapter shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.

Statutory Reference: Government Code § 65915(o)(3), as modified by SB 290 (September 28, 2021).

“Major transit stop” means a site containing any of the following: (a) an existing rail or bus rapid transit station; (b) a ferry terminal served by either a bus or rail transit service; (c) the intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods.

“Moderate-income households” shall mean households whose income does not exceed the moderate income limits applicable to Los Angeles County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code or any successor statute or regulation.

“Moderate-income units” shall mean housing units restricted to occupancy by moderate-income households at affordable housing cost.

“Senior housing” shall mean a residential development that has been “designed to meet the physical and social needs” of older adults and that otherwise qualifies as “housing for older persons” as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in California Civil Code Sections 51.3 and 51.12, or to mobile home parks that limit residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.

“Very-low-income households” shall mean households whose income does not exceed the very-low-income limits applicable to Los Angeles County as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

“Very-low-income units” shall mean housing units restricted to occupancy by very-low-income households at affordable housing cost.

(Ord. 2022-02-CC (Exh. A § 3), 3-8-22; Ord. 2021-11-CC § 2, 11-9-21; Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Determination of Density Bonus. Qualified projects that meet the eligibility requirements set forth in this chapter shall be granted a density bonus as outlined in Table 11.31-1, Determination of Density Bonus.

B.    Example. A project that includes ten percent very-low-income units would qualify for a total density bonus of thirty-two and one-half percent:

1.    Twenty percent base density for providing five percent very-low-income units.

2.    For each additional one percent of very-low-income units, the applicant may request a density bonus of two and one-half percent (5 × 2.5% = 12.5%) (Table 11.31-2, Sample Calculation of a Density Bonus).

Notes:

1.    AMI = annual median income.

2.    Senior housing is not required to be affordable in order to receive a density bonus. However, one hundred percent of the units in the development (thirty-five units minimum) must be restricted as senior housing as defined in Section 51.3 of the California Civil Code.

3.    Must meet the applicable statutory definitions of the terms “transitional foster youth” (Education Code Section 66025.9), “disabled veterans” (Government Code Section 18541) or “homeless persons” (McKinney-Vento Homeless Assistance Act, 42 U.S.C. Section 11301 et seq.). Furthermore, the units must be subject to a recorded affordability restriction of fifty-five years and must be provided at the same affordability level as very-low-income units. The type of units added due to the density bonus (youth, veteran or homeless) must be the same as the type of use which gave rise to the bonus.

4.    The student housing development must meet the requirements set forth in Government Code Section 65915(b)(1)(F)(i)(I) through (IV). For purposes of calculating the number of units set aside and the number of units added by the density bonus in this category, the term “unit” is defined to mean one rental bed and its pro rata share of associated common area facilities. Furthermore, those units shall be subject to a recorded affordability restriction of fifty-five years.

5.    For this category to apply, one hundred percent of all units in the development (including total units and density bonus units) must be restricted for lower-income households, except that (a) the manager’s unit or units need not be so restricted, and (b) up to twenty percent (including total units and density bonus units) may be for moderate-income households.

6.    All of the density bonus units must be restricted to lower-income households. Moreover, if the housing development is located with one-half mile of a major transit stop, the city shall not impose any maximum controls on density.

7.    Child Care Facility. When a qualified housing development project consisting of five or more residential units also includes a child care facility as described in subsection (C)(9) of this section, the applicant shall receive either (a) an additional density bonus that is an amount of square feet of residential space equal to or greater than the amount of square feet in the child care facility, or (b) an additional concession or incentive per Table 11.31-3.

Notes:

1.    Senior housing is not required to be affordable in order to receive a density bonus. However, one hundred percent of the units in the development (thirty-five units minimum) must be restricted as senior housing as defined in Section 51.3 of the California Civil Code.

AMI = annual median income.

C.    Requirements.

1.    In all density calculations, fractional units shall be rounded to the next whole number.

2.    The density bonus shall not be included when determining the percentage of affordable units.

3.    The developer can request a smaller density bonus than the project is entitled to, but no reduction shall be permitted in the number of required affordable units.

4.    A density bonus may be selected from only one category, except in combination with a land donation or a child care facility, provided the total density bonus does not exceed thirty-five percent.

5.    The granting of a density bonus and its subsequent incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval.

6.    Condominium/apartment conversions are not eligible for a density bonus if the original residential development received a density bonus, or other incentive, pursuant to this chapter.

7.    Senior Housing Requirements.

i.    Senior/older adult housing development projects must have a minimum of thirty-five units and shall meet the requirements described in Section 51.3 of the California Civil Code, or any successor statute or regulation.

ii.    Mobile home parks shall limit residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code, or any successor statute or regulation.

8.    Land Donation Requirements. An applicant for a tentative map, parcel map, or any other discretionary approval required to construct a residential development in the city shall receive a fifteen percent density bonus for the residential development when the applicant donates land to the city for the purpose of affordable housing development as provided in this section. This fifteen percent bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of thirty-five percent. Applicants are eligible for the fifteen percent land donation density bonus if all of the following conditions are met:

i.    The applicant shall donate and transfer land to the city prior to approval of the final map or other discretionary approval required for the residential development.

ii.    The transferred land shall have the appropriate acreage and general plan and zoning designations to permit development of affordable housing for very-low-income households in an amount no less than ten percent of the number of residential units of the proposed development.

iii.    The transferred land shall be at least one acre or of sufficient size to permit development of at least forty residential units.

iv.    The transferred land and the very-low-income units constructed shall have a deed restriction recorded with the county recorder to ensure continued affordability of the units. The deed restriction must be recorded on the property at the time of dedication.

v.    The transferred land shall be conveyed in fee simple to the city or to a housing developer approved by the city.

vi.    The transferred land shall be within the boundary of the proposed residential development, or no more than approximately one quarter mile from the boundary of the qualified project, if the city so approves.

vii.    No later than the date of approval of the final map or other discretionary approval required for the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for development of the very-low-income housing units on the transferred land.

viii.    A proposed source of funding for the very-low-income units shall be identified prior to the approval of the final map or other discretionary approval required for the residential development.

9.    Child Care Facility Requirements.

i.    The city shall grant either of the following to a density bonus project that includes a child care facility located on the premises or adjacent to the project:

a.    An additional floor area bonus in an amount equivalent to the square footage of the child care facility; or

b.    An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility, pursuant to city review and approval.

ii.    To receive the additional child care density bonus, the project must comply with the following requirements:

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

b.    Of the children who attend the child care facility, the percentage of children of very-low-income, lower-income, or moderate-income households shall be equal to or greater than the percentage of affordable units.

c.    Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession for a child care facility if the city finds, based on substantial evidence, that the community already has adequate child care facilities.

10. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower- or very-low-income households, unless the proposed housing development replaces those units. Replacement units shall meet the requirements set forth in Section 65915(c)(3)(B) of the California Government Code.

(Ord. 2021-11-CC § 3, 11-9-21; Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Number of Incentives. A proposed project that provides an affordable housing set-aside, as described in this chapter, shall be granted incentives in the number shown in Table 11.31-3.

Notes:

1.    AMI = annual median income.

2.    Child Care Facility. When a qualified project also includes a child care facility as described in Section 11.31.040(C)(9), the applicant shall receive either (a) one additional concession or incentive or (b) the additional density bonus identified in footnote 7 of Table 11.31-1.

3.    A development exclusively devoted to lower-income households (per the final row of Table 11.31-1) shall be entitled to four incentives. Moreover, if that development is located within one-half mile of a major transit stop, it shall also receive a height increase of up to three additional stories or thirty-three feet.

4.    One incentive or concession shall be granted to projects that include at least twenty percent of the total units for lower income students in a student housing development.

Statutory Reference: Government Code § 65915(d)(2), as modified by SB 290 (September 28, 2021)

B.    Documentation of Financial Feasibility. The city shall approve the requested incentives for a proposed project if the applicant provides a written financial statement detailing that the incentive is necessary to make the housing units economically feasible and will sufficiently reduce the cost of the housing development. The applicant shall submit a project financial report (pro forma) demonstrating that the requested incentives or concessions are required to provide for affordable rents or affordable housing costs, as applicable. At the city’s discretion, the city may require a third-party review of the financial feasibility at the cost of the applicant. If the applicant is a nonprofit organization, the cost of the consultant may be paid by the city upon prior approval of the city council.

C.    Granting of Incentives. The city shall grant one or more of the requested incentives unless, based on substantial evidence, the city makes either of the following written findings:

1.    The incentive is not required to ensure housing costs meet the affordability standards, as defined in Section 50052.5 of the California Health and Safety Code, or any successor statute or regulation, or to ensure rents in the affordable units meet the requirements of this chapter.

2.    The incentive would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety, or physical environment, or any real property that is listed in the California Register of Historical Resources, and 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.

3.    The concession or incentive would be contrary to state and federal laws.

(Ord. 2022-02-CC (Exh. A § 4), 3-8-22; Ord. 2021-11-CC § 4, 11-9-21; Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Maximum Affordable Housing Costs. The maximum total housing costs paid by a qualifying household, adjusted for household size appropriate for the unit, shall be pursuant to Sections 50052.5 and 50053 of the California Health and Safety Code.

B.    Development Standards.

1.    All affordable units shall be reasonably dispersed throughout the residential development, and shall be comparable with the market-rate units in terms of design, construction quality, exterior appearance, exterior finished quality, and required square footage.

2.    The bedroom mix of the affordable units shall be equivalent to the bedroom mix of the market-rate units of the residential development, unless otherwise approved by the city.

3.    Unless the city’s adopted parking standards will result in fewer parking spaces, the maximum parking standards found in Table 11.31-4 shall apply, inclusive of handicapped and guest parking, for the entire residential development:

Notes:

1.    A parking calculation resulting in a fraction shall be rounded up to the next whole number.

2.    Parking standards here include guest and handicapped parking.

3.    If a development includes at least twenty percent low-income units or eleven percent of very-low-income units, and is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development (that is, a pedestrian can walk to it without crossing freeways, rivers, mountains, bodies of water or other “natural or constructed impediments”), then upon the developer’s request the city cannot impose a ratio that exceeds one-half space per unit.

4.    If a development includes at least forty percent moderate income units, and is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development (that is, a pedestrian can walk to it without crossing freeways, rivers, mountains, bodies of water or other “natural or constructed impediments”), then upon the developer’s request the city cannot impose a ratio that exceeds one-half space per bedroom.

Statutory Reference: Government Code § 65915(p)(2), as modified by SB 290 (September 28, 2021).

4.    Concurrency. All affordable units in a residential development shall be constructed concurrently or precede the market-rate units, unless both the planning commission and developer agree to an alternative construction schedule. Such schedule shall be included in the affordable housing agreement required by Section 11.31.070.

5.    Comparable Amenities. Residents of affordable units shall have equal access to project amenities available to other residents, and may not be charged for amenities not charged to other residents, including access to recreational facilities, parking, cable TV, and interior amenities such as dishwashers and microwave ovens. Optional services shall be made available to all residents of affordable and market-rate units. Residents of affordable units shall not be required to purchase access to amenities or services not charged to other residents.

C.    Length of Affordability.

1.    Affordable rental units shall remain restricted and affordable to the designated income group for a minimum of fifty-five years or as approved by the city at the time of development review and entitlement.

2.    Affordable units offered for sale shall be sold at an affordable price and reserved for income-eligible households for a minimum of fifty-five years, with the fifty-five-year time restriction beginning again at the time of resale.

3.    A longer affordability period may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the residential development.

4.    Upon resale of an affordable unit, the seller of the unit shall retain the value of any improvements, down payment, and the seller’s proportionate share of appreciation. The city shall recapture its proportionate share of appreciation, which shall be used within five years to promote homeownership pursuant to Section 33334.2(e) of the California Health and Safety Code, or any successor statute or regulation. The city’s proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of the initial sale.

(Ord. 2022-02-CC (Exh. A § 5), 3-8-22; Ord. 2021-11-CC § 5, 11-9-21; Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Applicants that have been conditionally granted an affordable housing density bonus and/or incentive(s) shall enter into an affordable housing agreement with the city in a form approved by the city attorney.

B.    The affordable housing agreement describing the density bonus, incentives, and affordability restrictions shall be recorded against the entire residential development.

C.    The approval and execution of the affordable housing agreement shall take place prior to final map approval or, where a map is not being processed, prior to the issuance of building permits. The affordable housing agreement shall bind all future owners and successors in interest for the term of years specified therein.

D.    An affordable housing agreement must, at a minimum, include the following:

1.    The number, size, bedroom count, and location of all the units proposed.

2.    Level and tenure of affordability for the units.

3.    Schedule for development of all units.

4.    The income levels of the affordable units and an acknowledgment that the city will verify tenant and home buyer incomes to maintain the affordability of the units.

5.    Annual income recertification and physical inspection of health and safety violations for tenants of affordable rental units.

6.    Approved incentives, if any, provided by the city.

7.    An affirmative fair marketing plan that is approved by the city to ensure advertising of the availability of the affordable units to a wide spectrum of city residents.

8.    Where applicable, requirements for other documents to be approved by the city, such as marketing, leasing, and management plans; financial assistance/loan documents; resale agreements; and monitoring and compliance plans.

9.    With respect to any for-sale unit that qualified the applicant for the award of the density bonus, any applicable provisions required by Government Code Section 65915(b)(2).

Statutory Reference: Government Code § 65915(b)(2), as modified by SB 728 (September 28, 2021).

(Ord. 2022-02-CC (Exh. A § 6), 3-8-22; Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    The provisions of this chapter shall apply to all developers and their agents, successors, and assigns proposing a residential development governed by this chapter. No building permit or occupancy permit shall be issued, nor any entitlement granted, for a project receiving a density bonus until it meets the requirements of this chapter.

B.    All affordable units shall be rented or owned in accordance with this chapter.

C.    The city attorney shall be authorized to enforce the provisions of this chapter and all affordable housing agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deeds of trust, and other requirements placed on affordable units by civil action and any other proceeding or method permitted by law. The city may, at its discretion, take such enforcement action as is authorized under this code and/or any other action authorized by law or by any regulatory document, restriction, or agreement executed under Division III of this title.

D.    Any individual who sells or rents an affordable unit in violation of the provisions of this chapter shall be required to forfeit all monetary amounts so obtained.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

If any provision of this chapter or the application of any provision of this chapter to any person or circumstances is held invalid, the remainder of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The purpose of this chapter is to administer and implement the art in public places program to promote artistic competition, support performing arts, and build a culture of art investment. The program promotes the general welfare of the community by balancing the city’s physical growth and revitalization with cultural and artistic resources. This program is specifically designed to accomplish the following:

A.    Enhance the quality of life through cultural and artistic resources for individuals living in, working in, and visiting the city.

B.    Preserve and improve the quality of the urban environment, and increase real property values through balanced development of cultural and artistic resources.

C.    Capture opportunities for creation of cultural and artistic resources concurrently with development and revitalization of real property in the city.

D.    Be mindful of community urbanization by developing alternative sources for cultural and artistic outlets to improve the environment, image, and character of the community.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Applicability. The requirements of this chapter, including the establishment, contribution to, and allocation of funds, and implementation of the art in public places program and funds shall apply to private development in all zones and public building development projects that include physical improvement of the property or structures, except as exempted in subsection (B) of this section.

B.    Exemptions.

1.    Buildings that are designed and continuously maintained as “performing arts” or “library/gallery/museum” land uses shall be exempt from the program allocation requirements of this chapter for as long as the performing arts or museum uses are maintained within the building. Conversion of the building or use to land uses other than “performing arts” or “library/gallery/museum” land uses shall result in the current and/or future property owner being responsible for contribution of funds or art work to the art in public places program based on the valuation of the building improvements at the time of conversion, consistent with the established values of Section 11.32.030, Valuation thresholds.

2.    Development or improvements valued at less than five hundred thousand dollars.

3.    Residential development of four or less units.

4.    The value of all residential units in a project that are covenanted for low-income households for a period of twenty or more years, moderate-income households, or for older adults. Contribution of fees to the art in public places program shall not be required upon expiration of the low-income covenant.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Valuation thresholds triggering the requirements of this chapter for the applicable development types established by Section 11.32.020(A), Applicability and exemptions, are as follows:

A.    New Development. All new development with a building valuation equal to or exceeding five hundred thousand dollars.

B.    Modifications and Additions. All remodeling, including exterior and interior modifications and additions, with a building/construction valuation equal to or exceeding two hundred fifty thousand dollars, excluding earthquake rehabilitation required by this title for seismic safety.

C.    Valuation Definition. For the purposes of this chapter, the project valuation is the monetary value of the total building valuation for an applicable project, excluding land acquisition and off-site improvement costs. The total building valuation shall be computed using the latest building valuation data as set forth by the International Code Council unless, in the opinion of the building official, a different valuation measure should be used.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

For the purposes of the art in public places program and the guidelines of this chapter, “art work” shall be any sculpture, mural, portable painting, earthwork, fiber work, neon, glass mosaic, photograph, print, calligraphy, or other form of physical hard or digital media. This shall apply to all art work donated to the city, installed by the city arts committee, and acquired and installed by a project applicant.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Arts Committee. An arts committee or surrogate body shall be established by the city to administer the art in public places program and fulfill the duties established herein. The city council shall make appointments of members to the committee. Additional committee duties may be prescribed by the city council.

1.    The arts committee shall prepare an annual plan for the art in public places program.

2.    The arts committee may recommend to the city council the purchase of art work to be displayed on public property. A recommendation shall include the type of art work considered, an analysis of the constraints applicable to placement of the art work on a site, the need for and practicality of the maintenance of the art work, and the costs of acquisition and installation of the art work.

3.    An allocation from the city art fund may be made, upon city council approval, for the following expenditures:

i.    Allocations for the performing arts; provided, that the city council, in its sole discretion, approves the expenditure and further provides that the performance occurs at a location in the city or at a location owned or facilitated by the city.

ii.    Allocation for art-related city programming, including art exhibitions within the city or as affiliated with a learning institution, traveling art show, community-based or outreach program, or educational program.

B.    City Art Fund. The city art fund shall account for all fees paid pursuant to this chapter, and shall be used solely for the acquisition, installation, improvement, maintenance, and insurance of an art work, or to sponsor or support performing arts events. This fund shall be maintained by the director of finance and subject to Section 11.32.060, Program allocation requirements.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

All applicable development identified in Section 11.32.020, Applicability and exemptions, shall be required to acquire, place, and install approved art work, subject to the guidelines of this chapter and approval by the arts committee, concurrently with completion of the development/modification project.

A.    Art Work Allocation. The value of the placed and installed approved art work shall be equal to a minimum of one percent of the total building valuation, consistent with the standards of Section 11.32.020, Applicability and Exemptions, and Section 11.32.030, Valuation thresholds.

B.    In-Lieu Fees. In lieu of placement of an approved art work, the project applicant may pay to the city art fund an amount equal to one percent of the total building valuation. In-lieu fees paid into the city art fund shall be administered by the arts committee.

C.    Placement and Fees. The applicant shall be permitted to place and install an approved art work in an amount less than the required value (Section 11.32.030(C) and subsection (A) of this section); provided, that the applicant pay in-lieu fees to the city art fund equal to the difference between the required value and the costs of acquisition and installation of such art work.

D.    Payment of Fees. Payment of city art fund fees as required by this section shall be paid prior to issuance of a final building permit and/or physical occupancy of the building or property.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

All art work required by this chapter or donated to the city for placement on private property shall be subject to the application and approval process established by the city. At minimum, the application shall include an appraisal of the art work and a sufficient narrative statement to descriptively indicate the nature of the proposed art work.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Architecture can be considered art in some cases where the architectural work is of extremely high artistic merit and would make a substantial cultural contribution. The following criteria shall be used to determine, on a case-by-case basis, whether architecture can be considered art for purposes of fulfilling the city’s art in public places program:

1.    When reviewing architecture as art, the underlying concept of the architecture shall be expressive as more than mere utilitarian architecture. The architecture as a whole, or certain architectural features, shall express ideas or meaning and have cultural significance or conceptual complexity in relation to the totality of the object.

2.    In the alternative, architecture can be considered art if it is created as a collaborative effort with an artist, the artist does a majority of the work, the artist has major design control of the portions of the architecture to be considered art, and the artist has been brought in early in the process. The artist shall have experience and knowledge of monumental scale sculpture.

3.    The architecture must meet all of the guidelines and general criteria of this chapter.

The following procedure shall be followed by the developer to fulfill the public art requirement with the building’s architecture.

A.    Arts Committee Presentations. A developer shall be required to make a presentation to the arts committee to demonstrate that there will be high-quality materials and craftsmanship used in the execution of the construction, subject to the following:

1.    The presentation shall be made prior to the development application being deemed complete. The developer shall submit a maquette (small model) and other materials that satisfactorily illustrate the proposed conceptual development. The developer and architect must submit a conceptual statement expressing why the architecture should be considered art, including an explanation of the ideas, meaning, cultural significance, or conceptual complexity expressed in the architecture.

2.    The developer shall be required to make an additional presentation if modifications to the previously reviewed plans are made.

B.    Architecture as Art. If all of the foregoing criteria are met, the arts committee shall make the recommendation to accept the architecture as art only if, in its judgment, the architectural work is of extremely high artistic merit and would make a substantial cultural contribution to the city.

C.    Responsibility. The developer and/or architect shall have the responsibility to demonstrate that all of the foregoing criteria are met.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Private Ownership. All art in public places program art work owned by the developer and located on city property or on private property shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the art work in good condition shall remain with the owner of the site.

1.    Maintenance of art in public places program art work shall include preservation of the art work in good condition to the satisfaction of the city; protection of the art work against physical defacement, mutilation, and alteration; and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the city attorney. Prior to placement of an approved art work, the applicant and owner shall execute and record a covenant in a form approved by the city for maintenance of the art work. Failure to maintain the art work as provided herein shall be declared a public nuisance.

2.    In addition to all other remedies provided by law, in the event that the owner fails to maintain the art work, upon reasonable notice, the city may perform all necessary repairs or maintenance, or secure insurance, and the costs shall become a lien against the real property.

B.    City Ownership. All art work donated to the city shall become the property of the city upon acceptance by the city council.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Art in Public Places Compliance. No final city approval, such as final inspection, for any project subject to this chapter shall be granted or issued unless and until full compliance with the art in public places program is achieved, in one or more of the following ways:

1.    The approved art work has been placed in a manner satisfactory to the director.

2.    In-lieu art fees have been paid.

3.    Financial security in an amount equal to the acquisition and installation costs of an approved art work, in a form approved by the city attorney, has been posted.

4.    Donation of an approved art work has been accepted by the city council.

B.    Art in Public Places Allocation. For the purposes of this section, “full compliance with the art in public places program” shall not be found until the entire program allocation required by Section 11.32.050, Arts committee and fund, for the project has been satisfied. If any approved art work placed on private property pursuant to this chapter is removed without city approval, the certificate of occupancy may be revoked.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The purpose of this chapter is to establish regulations for the provision of off-street parking and loading for all land uses. The standards of this chapter are intended to ensure that adequate off-street parking and loading facilities are provided in conjunction with all land uses to facilitate community-wide accessibility; promote the viability of business within South Gate; create safe and attractive streets; and promote the use of a full range of mobility options, including walking, bicycling, and transit use.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Applicability. The provisions of this chapter shall be applied to the establishment, development, redevelopment, expansion, and modifications of any land use in the city. No building or structure shall be occupied, and operations associated with a land use shall not commence, unless off-street parking and loading facilities conform to the requirements of this chapter.

B.    Exemptions. Parking requirements of this chapter may be waived or reduced by the planning commission through a variance, including required fees, for the following land use conditions:

1.    Shared Parking Programs. Shared parking programs or areas may be established with centralized off-site parking or reduced parking standards per Section 11.33.110, Trip reduction measures.

2.    Parking Districts. Land uses participating in a vehicle parking district shall be subject to the parking and loading requirements of the applicable program, as provided for in Section 11.33.120, Park-once/parking districts, or as subsequently established.

3.    Modifications. Parking requirements of this chapter may be modified or reduced through the standards of Table 11.30-1, Administrative Modifications, or an administrative permit. Any modification or reduction in parking shall be subject to the discretion of the director based on the specific conditions and on-site personnel of the land use.

4.    Existing Permits. When parking requirements, as set forth in this chapter, are amended, such amendments shall not invalidate a previously approved permit.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The standards of this section are applicable to all land uses in all zones, unless otherwise specified.

A.    Use of Parking Areas. Parking spaces regulated in this chapter shall be solely used for parking, and may not be used for the display of merchandise; storage or display of equipment; display for sale or lease; or repair of vehicles, trailers, recreation vehicles, boats, or other vehicles/equipment, except where expressly permitted by a temporary use permit.

B.    Usable Existing Spaces. Required or provided parking spaces shall be maintained clear of any utility or other structural interference, regardless of any permits previously issued.

C.    Required Availability and Maintenance. All required parking and loading areas shall be available during all hours of operation, marked for their intended uses, and reserved for parking and loading purposes for the life of the use or facility.

D.    Existing Facilities. The building or use associated with a parking facility that becomes substandard by the adoption of this chapter shall be considered a nonconforming use and allowed to continue operation. Modification to the building or use shall be subject to conformance with the parking standards of this chapter based on the following.

1.    One enlargement or expansion limited to one percent of the total building area may be permitted without increasing parking to the standards of this chapter.

2.    All additional enlargement or expansion shall be contingent upon concurrent provision of the required number of parking spaces or parking area as designated by this chapter.

E.    Change of Occupancy or Use. Off-street parking facilities and loading shall be provided in compliance with the minimum requirements of this chapter, including change of occupancy, a new business license, or enlargement of a structure or use where the parking demand is increased. This requirement shall not be applicable to mixed-use parking developments in cases where a use changes from one commercial type to another commercial type; see Section 11.33.080, Urban mixed-use zone requirements, for mixed-use parking standards.

F.    Parking of Inoperable or Unregistered Vehicles. Except as set forth in this chapter, it shall be unlawful for any person to park or store an automotive vehicle or trailer in inoperable condition or without current registration from the Department of Motor Vehicles, except when stored in a fully enclosed building or fully enclosed garage.

G.    Parking and Driveway Requirements – Residential Uses. Legal nonconforming properties built without garages may pave and make use of one driveway space, maximum twelve feet wide, within the front yard setback. Any planters, additional paved area, or structures in the front yard setback area require approval by the community development director. The parking of motor vehicles or trailers of any kind in the front yard setback area outside the approved driveway surface is prohibited.

(Ord. 2347 § 3, 5-8-18; Ord. 2323 § 1 Exh. A (part), 4-28-15)

The requirements of this section shall be applied uniformly based on land use, regardless of the zone in which a land use is located, unless otherwise specified.

A.    Minimum Standards. Every land use shall provide at least the minimum number of off-street vehicular parking spaces required by Table 11.33-1, Minimum Required Parking by Land Use, and Table 11.33-4, Mixed-Use Parking Requirements. Reductions to the parking requirements may be permitted, subject to Section 11.33.020, Applicability and exemptions, and subsequent referenced sections. Required parking space dimensions, based on parking configuration, are established in Section 11.33.050, Parking space size and location, and Table 11.33-2, Parking Dimensions.

B.    Uses Not Listed. Parking requirements for a land use not specifically listed in Table 11.33-1 shall be determined by the director based on comparable uses in the table or through a parking demand analysis of similar facilities in the region.

C.    Rounding Calculations. Calculations resulting in a fractional number shall be treated as follows: One parking space is required for fractions of one-half or greater; no additional parking space is required for fractions of less than one-half.

D.    Calculations.

1.    Gross Floor Area Calculations. Gross floor area calculations are based on the area within the surrounding exterior walls of a building or any portion thereof. Required parking is calculated based on publicly accessible areas and areas that are not accessible to the public.

2.    Seating Calculations. Where fixed seats provided are either benches, bleachers, or pews, such seats shall be calculated at one seat per eighteen inches, and one seat per twenty-four inches of booth length for dining.

3.    Assembly Area Calculations. All rooms or areas that can be logically used for seating, in addition to any fixed seating area, shall be calculated in determining the parking requirement for assembly areas.

Notes:

1.    Parking shall be evenly distributed throughout storage area. Requirements: one-way drives: eighteen-foot-wide parking and travel lane; two-way drive: twenty-six-foot-wide parking and travel lane.

DU = dwelling unit; gfa = gross floor area; sq. ft. = square feet/foot.

(Ord. 2022-07-CC § 2, 7-26-22; Ord. 2323 § 1 Exh. A (part), 4-28-15)

All land uses in all zones shall provide the required off-street parking spaces in accordance with the location and dimensional requirements in this section.

A.    Parking Space and Driveway Sizes. Table 11.33-2, Parking Dimensions, regulates minimum off-street space dimensions and drive aisle requirements for various angles of parking. See Figure 11.33-1, Parking Dimensions, which supplements Table 11.33-2, and Diagrams A through F. Driveway width shall be equal to the drive aisle width subject to Table 11.33-2.

Notes:

1.    Measured perpendicular to aisle.

2.    The paved parking space length may be decreased by up to two feet by providing an equivalent vehicle overhang into landscaped areas or other paved walkways.

3.    Driving aisle shall be unobstructed; one-way aisles shall be serviced by appropriate turn-around or pull-through configurations.

4.    End spaces may be reduced to eighteen feet.

5.    Missing.

ft. = feet; in. = inches.

B.    Compact Parking Spaces. Compact parking spaces may be used to meet minimum parking requirements, subject to the following standards.

1.    Dimensions. Spaces shall be the minimum size specified in Table 11.33-2 and illustrated in Figure 11.33-1.

2.    Allowed Spaces. Compact spaces may be permitted to comprise twenty percent of the minimum required parking spaces.

3.    Designation of Parking. “Compact” shall be clearly marked on the pavement or curb to designate spaces.

4.    Distribution of Spaces. When included, compact spaces shall be distributed throughout the parking area, and shall not be provided disproportionately near building(s).

Figure 11.33-1 Parking Dimensions

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The standards of Table 11.33-3, Parking Lot Standards, and this section shall apply to the design of all public and private parking lots, vehicle storage areas, and vehicle sales/rental areas for new construction and remodeled existing land uses in all zones.

A.    Sufficient Vehicular Maneuvering Area, Access, and Circulation. The following standards are provided to ensure suitable maneuvering and circulation for parking lots and loading areas accessed from a public street or alley:

1.    Forward Movement. All access and circulation shall facilitate vehicles (including trucks and solid waste, emergency, and other public service vehicles) entering and exiting a facility or lot without backing up into a public street, reentering a public right-of-way, or making other hazardous turning movements.

2.    Turnarounds. If such circulation is not possible, a turnaround area shall be provided, subject to the requirements of the city fire department or engineering division.

B.    Parking Location. Off-street parking for nonresidential land uses shall be provided in a paved parking lot or within a building, with a maximum walking distance as indicated in Table 11.33-3, Parking Lot Standards. Required minimum setback to parking is regulated by the applicable zone. Where a minimum setback is regulated by a maximum percent of the frontage.

C.    Ingress/Egress. Parking driveways and access points shall not disrupt the pedestrian right-of-way on primary streets. Ingress/egress shall comply with the Revised Standard Driveways Plan No. M-11.59, adopted by the city council. Refer to Section 11.23.070(F), Vehicular Driveway Access, for ingress/egress standards related to pedestrian-oriented uses.

Notes:

1.    Rear or interior walls may be permitted to be up to eight feet maximum when adjacent to a parking lot. Barbed wire is prohibited.

2.    Distances are to be measured in walking distance along the way open to public pedestrian passage.

3.    Use/business is to be reviewed according to Section 11.51.050, Administrative permits and approvals.

4.    Use/business is to obtain an approval for a conditional use permit according to Chapter 11.52, Conditional Use Permit.

PL = property line; NL = neighborhood low; NM = neighborhood medium.

D.    Passenger Loading Areas. Public parking areas shall designate a passenger loading area for embarking and disembarking passengers from ridesharing vehicles. Requirements:

1.    Passenger loading areas shall be located next to the primary pedestrian access from the parking area to adjacent building(s).

2.    Passenger loading areas shall be designed to include a turnout large enough to accommodate waiting vehicles equivalent to one-half percent of required parking for the project.

E.    Plan Review. All common parking lots, including location, dimensions, landscaping, and building access, shall be clearly defined on the proposed development plan (administrative plan review, discretionary plan review, or standard application site plan as applicable).

F.    Technical Design Requirements.

1.    Maneuvering. Maneuvering areas shall be designed consistent with Table 11.33-2, Parking Dimension, and Diagrams A through H.

2.    Ramps. Vehicular driveway ramps shall be designed consistent with Table B.

3.    Surfacing. Parking lots shall be surfaced and maintained with cement concrete or asphaltic concrete, a minimum of three inches in thickness, so as to eliminate dust or mud, and shall be so graded and drained to dispose of all surface water. Drainage shall be taken to the curb or gutter and away from buildings and adjoining property.

Diagram A Parallel Parking One-Way

Diagram B Parallel Parking Two-Way

Diagram C Thirty-Degree Parking

Diagram D Forty-Five-Degree Parking

Diagram E Sixty-Degree Parking

Diagram F Ninety-Degree Parking

Diagram G Overlapped Herringbone Parking – Alternate Travel Aisles

Diagram H Overlapped Herringbone Parking – Single Director Aisles

(Ord. 2022-07-CC § 2, 7-26-22; Ord. 2323 § 1 Exh. A (part), 4-28-15)

The following guidelines are applicable to all zones, and should be applied to the design of freestanding parking structures or where structures have a major presence on the street if attached to other uses like a hotel, office, or multifamily residential building.

A.    Architectural Character. Whether public or private, freestanding parking structures and integrated parking podiums should be treated as buildings and follow the same principles as good building design. Providing an exterior façade composed of high-quality materials that screen the underlying concrete structure will elevate the building’s stature and contribute to the overall quality of South Gate’s architecture.

B.    Architecturally Compatible. Parking structures should be compatible in architectural treatment with the architecture of the buildings they serve.

C.    Signage. Signage and wayfinding should be integrated with the architecture of the parking structure.

D.    External Design. Parking structures shall have an external skin designed to improve the building’s appearance over the basic concrete structure of ramps, walls, and columns. This can include heavy-gauge metal screen, precast concrete panels, laminated glass, photovoltaic (solar) panels, landscape features, architecturally interesting walls, or a combination of these features; see Figure 11.33-2.

E.    Sustainability. Parking structures should integrate sustainable design features such as photovoltaic panels (especially on the top parking deck), renewable materials with proven longevity, and stormwater treatment wherever possible.

F.    Circulation. Vertical circulation (elevators and stairs) shall be located on the primary pedestrian corners and be highlighted architecturally so visitors can easily find and access these entry points.

G.    Active Ground-Floor Uses. On retail-oriented streets or building frontages, parking structures shall incorporate active ground-floor uses along the street frontage of the garage.

H.    Lighting. Lighting fixtures in parking areas, ingress/egress areas, and all internal circulation areas shall be directed and shielded appropriately to not illuminate surrounding properties. See standards in Table 11.33-3, Parking Lot Standards.

1.    Building design shall integrate building-mounted lighting, consistent with the design and character of the structure, to aid in lighting the following areas:

i.    The pedestrian way, including areas along primary or side streets;

ii.    Pedestrian paths, including mid-block connections, from parking lot areas to the building or street;

iii.    Parking structure entryways and lobbies.

2.    All lighting fixtures, including building-mounted lighting and pedestrian fixtures, shall adhere to the standards of this title.

3.    Lighting fixtures in parking areas, ingress/egress areas, and all internal circulation areas shall be directed and shielded appropriately to not illuminate surrounding properties.

4.    See standards in Table 11.33-3, Parking Lot Standards.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

In addition to the standards of Section 11.33.030, General standards and limitations, and Section 11.33.040, Required parking by land use, the following standards shall apply to development within the urban mixed-use zones.

A.    Urban Mixed-Use Zone Character. Parking should generally be provided through a combination of off-street spaces behind buildings, on-street customer spaces, and park-once/public parking. Parking should generally be hidden from view; ideally, parking should be provided behind buildings, wrapped with active uses along the public frontages, or below grade.

B.    Mixed-Use Parking Requirements. Table 11.33-4, Mixed-Use Parking Requirements, establishes parking requirements for mixed-use developments. Parking shall be provided on a generalized land use basis, and the applicant shall demonstrate the adequate provision of spaces per individual land use. Aggregate number of parking spaces may be reduced through a shared parking program per Section 11.33.110, Trip reduction measures, administrative modification per Section 11.30.030, Administrative modifications, or an administrative permit per Section 11.33.020, Applicability and exemptions.

sq. ft. = square feet; n/a = not applicable.

C.    Parking Setbacks.

1.    At-grade parking should be located at the rear half of the lot wherever possible.

2.    All parking, including podium parking, at-grade parking, and surface lots, should be set back from the street, behind an active building use. The intent of the parking setback is for the parking area and parked cars to be located away from view.

3.    When architectural solutions are not possible to screen a parking lot or structure, a landscape screen, green screen, or street screen should be used. The screen should be cohesively designed with the building or garage, and should also be visually consistent with the existing or proposed streetscape. See Figure 11.33-3.

4.    A street screen of up to three feet in height is required along any right-of-way between at-grade parking and the sidewalk. Refer to Chapter 11.60, Definitions, for a description of “street screen.”

5.    If a garage has a well-designed exterior and/or a building screen that includes active uses, it does not need to be screened using dense landscaping.

D.    Parking Access Standards.

1.    Access to parking should be primarily from side streets or alleys. If access from side streets is not possible due to lot location and/or configuration, vehicular access shall be constructed so as to minimize the disruption of the pedestrian right-of-way on the primary streets.

2.    Parking lanes and connecting driveways shall be comprehensively designed to facilitate internal lot circulation without backing up into a public street, reentering a public street, or making other hazardous turning movements.

3.    A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers should be incorporated within the design of parking lots. Also, safe and convenient access from the external circulation system to bicycle parking facilities on site should be incorporated.

4.    Parking lot design should incorporate sidewalks or other designated pathways, allowing pedestrians to follow direct and safe routes from the external pedestrian circulation system to each building in the development.

5.    If determined necessary by the city to mitigate the project’s impact, bus stop improvements must be provided. The city will consult with local bus service providers to determine appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops.

E.    Design Standards.

1.    A minimum of ten percent of every parking lot shall be devoted to landscape.

2.    Surface parking should be divided into smaller landscaped lots or courts, with defined pedestrian connections, landscaping, and shade trees.

3.    Surface parking lots should include ample shade trees to reduce the heat island effect and mitigate views from surrounding buildings and streets.

4.    Twenty-four-inch to forty-eight-inch box trees are preferred.

F.    Bicycle Parking.

1.    Security. Only bicycle racks or bicycle storage lockers will be counted as bicycle parking.

2.    Visibility. Bicycles or bicycle storage lockers should be easily visible from building entrances, security offices, lobbies, public areas, and nearby walkways.

3.    Lighting. Bicycle parking areas should be adequately lit.

4.    Convenience. Bicycle parking areas should not obstruct pedestrian or vehicular traffic flow, and should be placed where riders can safely and easily dismount, and walk to building entrances.

Figure 11.33-2 Parking Structure Design

Parking structures should be well designed so that they contribute to a pleasant pedestrian experience.

Figure 11.33-3 Screened Parking

Parking lots should be generally hidden from views into the site.

G.    Parking and Driveway Requirements – Residential Uses. Legal nonconforming properties built without garages may pave and make use of one driveway space, maximum twelve feet wide, within the front yard setback. Any planters, additional paved area, or structures in the front yard setback area require approval by the community development director. The parking of motor vehicles or trailers of any kind in the front yard setback area outside the approved driveway surface is prohibited.

(Ord. 2347 § 4, 5-8-18; Ord. 2323 § 1 Exh. A (part), 4-28-15)

This section and Table 11.33-6, Multifamily Parking Standards, establish the standards for parking, driveways, and garages applicable to all multifamily development in any zone (NM, TV, CC, CDR1, CDR2, UN, and MS zones).

A.    Location. Parking shall be provided as off-street residential spaces behind or within buildings. All parking for residential uses shall be located on the same site as the residence they are intended to serve, unless provided in permitted off-site locations. Parking shall not be located within a required front or corner side setback.

B.    Garage Limitation. Parking of any type of regular-use vehicle or equipment shall be limited to designed, approved garages and driveways; parking or storage in any other area is prohibited.

C.    Street Access Restricted. Garage access directly from a public street for projects of five or more units is prohibited.

D.    Alley Parking. Parking in an alley is prohibited.

E.    Driveway Guest Spaces. Driveways with a length/depth of eighteen feet or more may be counted as one guest parking space; they shall not count toward required enclosed parking.

F.    Design and Materials.

1.    Metal carports with decking for roofs are prohibited. Any support posts for covered parking shall be located outside of the designated area of the parking space and cannot be counted as part of the required parking stall width.

2.    The design and materials used for covered parking structures shall be compatible with the design of the main structure on the property.

G.    Decorative Features. Trees, lattice/trellis structures, and/or decorative masonry walls shall be incorporated as part of covered parking design to minimize visual impact.

H.    Parking and Driveway Requirements – Residential Uses. Legal nonconforming properties built without garages may pave and make use of one driveway space, maximum twelve feet wide, within the front yard setback. Any planters, additional paved area, or structures in the front yard setback area require approval by the community development director. The parking of motor vehicles or trailers of any kind in the front yard setback area outside the approved driveway surface is prohibited.

(Ord. 2347 § 5, 5-8-18; Ord. 2323 § 1 Exh. A (part), 4-28-15)

Table 11.33-7, NL Zone Parking Standards, establishes the standards for parking, driveways, and garages applicable to all land uses in the NL zone.

A.    Parking and Driveway Requirements – Residential Uses. Legal nonconforming properties built without garages may pave and make use of one driveway space, maximum twelve feet wide, within the front yard setback. Any planters, additional paved area, or structures in the front yard setback area require approval by the community development director. The parking of motor vehicles or trailers of any kind in the front yard setback area outside the approved driveway surface is prohibited.

B.    Residential Garage Exceptions. The requirement for an enclosed garage per the standards of Table 11.33-1, Minimum Required Parking by Land Use, shall not be imposed under any of the following circumstances:

1.    Residential remodeling limited to a maximum addition of one hundred square feet, such as the addition of a bathroom or utility room/laundry room.

2.    Lot configuration, lot dimensions, or the location of existing structures that make it impossible or impractical to construct an enclosed two-car garage. In such instances, a one-car garage may be authorized by the director.

3.    Where only a one-car garage is possible on the lot, the residential unit shall be limited to a maximum of three bedrooms.

(Ord. 2347 § 6, 5-8-18; Ord. 2323 § 1 Exh. A (part), 4-28-15)

It is a goal of the city to provide for balanced integration of all transportation modes. To incrementally achieve this goal, all development is encouraged to implement measures to reduce individual vehicle trips. The approaches presented in this section can be used to reduce required parking, consolidate parking provisions, and reduce vehicle trips in the city by supporting alternative modes of transportation.

A.    Shared Parking Approach. Shared parking plans or facilities may be appropriate in certain areas of the city to reduce the requirements for on-site parking for all land uses. The intent of shared parking is to allow for each property to generate building area, land use activity, and open space as required while grouping the parking facilities in strategically dispersed locations to encourage walking between businesses and destinations and relieving individual properties of providing potentially duplicative parking throughout the identified area.

Any proposal to establish a park-once program or shared parking district shall include provisions for all the following standards:

1.    Calculation of the potential nonresidential square feet of the development to be served and the corresponding amount of parking spaces required by this code.

2.    Analysis of the types of uses allowed in the area and the projected number of vehicular trips to the area.

3.    Analysis of the projected number of vehicular trips to the area and what amount of those trips can be eliminated because of the proximity of adjacent land uses.

4.    Based on the above analyses, the number of vehicle trips identified as eliminated because of the ability to visit other uses without needing to move the vehicle a second time (what is referred to as “trip capture”). This amount shall be subtracted from the overall parking requirement identified in subsection (A)(1) of this section.

5.    The resulting parking supply and its location identified within the boundaries established by the special requirements and overlay map, or as amended by the city.

6.    As development/land use applications are processed by the city, the required parking per the park-once provisions shall be applied, and the applicant shall either provide the parking facility or pay an in-lieu fee to address the applicant’s fair share of the required parking. It shall be the city’s responsibility to monitor the number of parking spaces available and the number committed to nonresidential space in the area.

B.    Shared Parking Criteria. The number of off-street parking spaces may be reduced, subject to the following criteria, and may require submittal of a parking management plan. Required parking for any use may be reduced through approval of an administrative permit in conjunction with the other required permits associated with the land use. The following requirements shall be met for any parking-reduction administrative permit:

1.    The parking serves special conditions such as proximity to frequent transit service or special characteristics of the population residing, working, or visiting the site.

2.    Proposed parking satisfies the requirements for the uses served, as can be demonstrated through a parking management plan.

3.    Parking demand generated by the project does not exceed capacity or result in a negative impact on the supply of off-street parking in the surrounding area.

4.    Mixed-Use Project. A parking reduction may be granted when the reviewing authority determines that a reduction is justified based on the characteristics of the uses and a parking demand study using the Urban Land Institute’s accepted ratios and/or other appropriate source, as approved by the director. The director may require a parking management plan conducted by a licensed traffic engineer or other traffic professional.

C.    Transit-Accessible Location. A transit-accessible location is any property within one-quarter mile (one thousand three hundred twenty linear feet) of transit. Property developed as nonresidential, multifamily, or mixed-use may be granted a parking reduction where proposed as a transit-accessible location within one-quarter mile of local or regional mass transit lines or routes. A parking reduction may be administratively applied through the development review process, subject to a parking management plan submitted by the applicant that justifies the reduction based on documented mass transportation use characteristics of patrons and employees of the respective uses.

D.    Trip Reduction Measures. All major nonresidential development projects shall be required to implement trip reduction measures to ensure the adequate development of alternative transportation facilities or programs, thereby reducing demand for vehicular commute trips.

1.    Applicability. The provisions of this section are required for all major nonresidential development projects:

i.    Nonresidential development of twenty-five thousand square feet or more;

ii.    Nonresidential portions of mixed-use development projects exceeding twenty-five thousand square feet of gross floor area; and

iii.    New nonresidential construction and the expansion of an existing nonresidential facility or use by more than two thousand square feet.

2.    Information Center. A transportation information center, such as bulletin board, display case, or kiosk, displaying transportation information shall be located where the greatest number of riders are likely to see it. Information shall include the following:

i.    Current maps, routes, and schedules for public transit serving the site;

ii.    Telephone numbers for referrals on transportation information, including numbers for the regional ridesharing agency and local transit operators;

iii.    Ridesharing promotional material supplied by commuter-oriented organizations;

iv.    Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; and

v.    A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders, and pedestrians.

3.    Preferential Parking for Carpool and Vanpool Vehicles. Office/research and development uses and industrial/manufacturing uses shall provide a minimum of ten percent of required parking as preferred parking for carpool and vanpool vehicles for employees. This shall be a minimum of one carpool/vanpool space per development.

i.    A statement of available preferential carpool/vanpool spaces for employees and a description of the method for obtaining such spaces shall be included on the required transportation information board. Spaces will be signed/striped as demand warrants.

ii.    Bicycle Facilities. A bicycle parking facility for bicycle racks or a fully enclosed space or locker accessible only to the owner or operator of the bicycle (to protect bikes from inclement weather) shall be provided. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the city.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

This section establishes standards and requirements for the park-once program and the use of parking districts within the city, which are exempt from the standards of Section 11.33.040, Required parking by land use, if the herein designated conditions are met.

A.    Park-Once Program. The park-once program is intended to consolidate parking resources, relieve individual properties of providing potentially duplicative parking, reduce individual vehicle trips, and group parking facilities in strategically dispersed locations to encourage walking between destinations.

The park-once program area boundaries are identified on the special requirements and overlay zones map (“overlay map”). Each area will be allowed to use a separate shared parking approach to address the needs of nonresidential parking within that area.

1.    Specific standards for each area have not been pre-established. Prior to utilizing the park-once program, the following analyses shall be performed:

i.    Calculations shall be provided for the park-once program area:

a.    Potential nonresidential square feet, and the corresponding amount of parking spaces required by this title.

ii.    The following analysis shall be provided for the area:

a.    Types of uses allowed;

b.    Projected number of vehicle trips;

c.    Projected number of vehicle trips that can be eliminated because of the proximity of adjacent land uses.

iii.    Based on the above analyses, trip capture shall be identified. “Trip capture” describes the number of vehicle trips eliminated because of the ability to visit other such uses without needing to move the vehicle a second time.

iv.    The trip capture amount shall be subtracted from the overall parking requirement identified in subsection (A)(1)(i) of this section to determine the resulting parking supply for the area.

2.    As development/land use applications are processed by the city, the required parking per the park-once program provisions shall be applied, and the applicant shall either provide the parking facility or pay an in-lieu fee to address the applicant’s fair share of the required parking in a facility. It shall be the city’s responsibility to monitor the number of parking spaces available and the number committed to nonresidential spaces in the area identified by the district boundaries.

B.    Vehicle Parking District. Vehicle parking districts were formerly referred to as “units of comprehensive planned facilities” under the previous zoning code.

A vehicle parking district shall be required to provide the equivalent parking that is required by Section 11.33.040, Required parking by land use; Table 11.33-1, Minimum Required Parking by Land Use; and Table 11.33-4, Mixed-Use Parking Requirements, unless requirements are waived or amended as identified in this section.

1.    Southern Pacific Railroad District. Subject to approval of the Southern Pacific Railroad, properties within the Southern Pacific Railroad right-of-way parking district, as identified on the overlay map, shall be eligible to fulfill off-street parking requirements within the Southern Pacific right-of-way subject to the following conditions:

i.    Beneficiaries to Facility. Beneficiaries to the Southern Pacific Railroad district shall be restricted to those who make a contribution to the established district. Said contribution shall be in an amount as recommended by the planning commission and as approved by the city council, and shall be at least the pro rata share of the cost of the parking from which the beneficiary is being relieved. The contribution shall be reviewed by the planning commission annually.

ii.    Impounding of Funds. All funds received pursuant to this section shall be impounded and reserved for future acquisition for parking by whatever means. Funds spent for parking shall be used in the vicinity of the parcels benefiting hereunder in the event that the railroad parking referred to herein is no longer deemed feasible for use by the planning commission.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Rule 1501. New and existing nonresidential development with one hundred or more employees that are subject to a one-and-one-half average vehicle ridership target by Rule 1501 may reduce the required off-street parking by from twenty percent to forty percent from the standards of Section 11.33.040, Required parking by land use.

B.    Outdoor Event Plan. The operator of a major outdoor event shall submit a trip reduction plan that shall apply to patrons and employees during the course of the event.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The purpose of this chapter is to establish standards and policies to control unnecessary, excessive, and annoying noise and vibrations in the city of South Gate. It is the policy of the city to foster a quiet atmosphere for residential neighborhoods, and to implement programs aimed at reducing noise in all areas.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Applicability. The provisions of this chapter shall be applicable to noise generated in any zone, subject to the established standards and thresholds herein.

B.    Exemptions. The following activities shall be exempted from the provisions of this chapter:

1.    Alerting people to danger or emergencies, or sound related to the performance of emergency work.

2.    Public safety or self-defense warning devices or alert systems.

3.    Public and private playground and school ground activities, including athletic and school entertainment events.

4.    Bells, chimes, or carillons while being used in conjunction with religious services.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Certain noise levels and vibrations are detrimental to the public health, welfare, and safety, and are contrary to the public interest. Therefore, creating, maintaining, or causing, or allowing to be created, maintained, or caused, any noise or vibration in excess of the noise control program of this chapter is a public nuisance and shall be punishable as such.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

All terminology used in this chapter is defined in Chapter 11.60, Definitions. In all cases, terminology shall have the same meaning as defined by applicable publications of the American National Standards Institute or its successor body.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Universal Enforcement. The purpose and intent of this chapter shall be upheld in all project and application review, and decisions by all departments shall, to the fullest extent, be consistent with the regulations in this chapter. All departments shall cooperate with the noise control officer (NCO) to the fullest extent in compliance with all federal, state and local laws and regulations.

B.    Project Approval. All projects shall be reviewed for consistency with this chapter; the NCO shall be consulted prior to any project approval.

C.    Right of Review. The NCO has the right to review any project if nonconformance with this chapter is a possible consequence of a project’s approval, and may request a department to review and report on the advisability of adding or modifying conditions of approval in order to mitigate or eliminate such nonconformance.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The NCO or designee shall be in charge of administering the noise control program.

A.    Duties. The NCO shall have the following duties related to the implementation and enforcement of this chapter and for the general purpose of noise abatement and control:

1.    Delegate appropriate functions to personnel and to other departments, subject to the approval of the chief administrative officer.

2.    Investigate and pursue violations of this chapter.

3.    Conduct, or cause to be conducted, studies, research, and monitoring related to noise, including joint cooperative investigation with public or private agencies, and make application for and accept grants.

4.    Conduct programs of public education regarding noise abatement.

5.    Provide for training of field inspectors and other technical personnel concerned with noise abatement in conformance with standards for technical qualifications, as established by the State Office of Noise Control.

6.    Coordination and Cooperation.

i.    Coordinate the noise control activities of all municipal departments.

ii.    Cooperate, where practicable, with all appropriate state and federal agencies.

iii.    Cooperate, where practicable, with appropriate county and municipal agencies.

iv.    Advise on the availability of low-noise-emissions products for replacement or retrofit of existing or planned city-owned or operated equipment.

v.    Recommend to the city council the approval of contracts for the provision of technical and enforcement services.

vi.    Consult with other appropriate agencies regarding project standards or revisions, consistent with this chapter.

7.    Project Review Responsibility. The following shall be done by the NCO for all noise-sensitive or noise-generating public and private projects:

i.    Review for compliance with the intent and provisions of this chapter;

ii.    Recommend sound analysis that identifies existing and projected noise sources and associated sound levels;

iii.    Recommend usage of adequate measures to avoid violation of any provisions of this chapter;

iv.    Inspect property and/or project documentation for compliance, subject to presentation of proper credentials and owner/occupant permission;

v.    Complete noise inspections based on probable-cause violation documentation, subject to obtaining a search warrant when permission is refused or cannot be obtained;

vi.    Develop and recommend to the city council or other city agency provisions regulating the use and operation of any product, including the description of maximum sound levels, but not in such a manner as to conflict with federal or state new product regulations;

vii.    Prepare recommendations to be approved by the city council for the designation and enforcement of noise-sensitive activities in designated noise-sensitive zones;

viii.    Prepare recommendations based on noise survey data and analytical studies, to be approved by the city council, for the designation of zones of similar ambient environmental noise within regions of generally consistent land use; zones shall be identified in terms of their day and nighttime ambient noise levels by the classifications given in Section 11.34.080, Maximum sound levels by noise zone;

ix.    Review the noise impact of the zoning change by identifying existing and projected noise sources and the associated sound levels, and require usage of adequate measures on noise sources identified in Section 11.34.080, Maximum sound levels by noise zone; and

x.    Upon receipt of a complaint from a citizen, the NCO, equipped with sound level measurement equipment outlined in Section 11.34.080(E), Unit of Measure, shall investigate the complaint.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Contracts. All city contracts, written agreements, purchase orders, and instruments that commit expenditure of funds shall include provisions requiring all equipment or activities that are subject to this chapter be operated, constructed, conducted, and/or manufactured in compliance with the noise standards of this chapter.

B.    Products. Federally certified low-noise-emissions products shall be used in preference to any other product where economically feasible.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Noise Zone Standards. Table 11.34-1, Noise Zone Standards, establishes noise-level standards and temporary maximum standards applicable to land use categories by noise zone. No person shall make, cause, or allow noise that exceeds the standards of Table 11.34-1, inclusive of ambient noise. These standards are inclusive of all noise sources, including ambient noise, animals, equipment, firearms, people gatherings or parties, tools, vehicles, or other noise source resulting in temporary or sustained noise levels in excess of the standards of Table 11.34-1 and Table 11.34-2, Permitted Temporary Noise Level Increase.

This table is consistent with Table N-5 of the South Gate general plan noise element.

dBA = A-weighted decibel Leq standard.

B.    Noise-Sensitive Zones. Creating or causing the creation of any noise disturbance within any noise-sensitive zone; provided, that conspicuous signs are displayed indicating the presence of the zone; shall be prohibited.

1.    Noise-sensitive zones shall be indicated by the display of conspicuous signs in at least three separate locations within six hundred feet of the institution or facility.

C.    Permitted Temporary Increase. Table 11.34-2 establishes the maximum temporary noise level increases permitted in any noise zone based on the duration of noise.

dBA = A-weighted decibel Leq standard.

mins. = minutes.

D.    Measurement of Noise. All noise standards shall be based on the actual measured ambient noise level, as measured at the closest adjoining property line between habitable parcels or at the nearest public right-of-way.

E.    Unit of Measure. The unit of measure shall be designated as an A-weighted decibel (dBA), equivalent continuous sound level (Leq) standard. Noise shall be measured with a sound level meter that meets the standards of the American National Standards Institute (Section S1.4-1979, Type 1 or Type 2). A calibration check shall be made of the instrument at the time any noise measure is made.

F.    Location of Measure.

1.    Exterior Noise. Noise levels shall be measured in decibels at the property line of the receptor property, and at least four feet above the ground and ten feet from the nearest structure or wall, where possible.

2.    Interior Noise. Interior noise shall be measured within the building or structure, and at least four feet from any wall, ceiling, or floor nearest the noise source.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Noise generated by the following acts is considered to be in violation of the noise standards of this chapter.

A.    Street Sales. Offering, selling, or advertising anything by shouting, outcry, playing music, or other noise to attract attention within any residential, commercial, or noise-sensitive zone of the city, excluding such activities at licensed sporting events, parades, fairs, circuses, or other similar, licensed public entertainment events.

B.    Vibration. Vibration produced from the operation of any device or equipment shall not exceed a motion velocity of 0.01 inches per second over a range of one to one hundred Hertz.

C.    Powered Model Vehicles. Operating of powered model vehicles within a residential or noise-sensitive zone is prohibited between the hours of ten p.m. and seven a.m.

D.    Stationary Nonemergency Signaling Devices. Sounding of any electronically amplified signal intended primarily for nonemergency purposes shall be limited to ten consecutive seconds in any hourly period; this standard shall not apply to religious worship uses.

E.    Emergency Signaling Devices. The intentional sounding of any outdoor emergency signaling device by public or private agencies shall be limited to emergency purposes only, except under the following conditions. Testing shall be limited to the following:

1.    Testing between seven a.m. and ten p.m., and shall not exceed sixty seconds.

2.    A maximum once-per-month testing of the complete emergency signaling system.

F.    Personal Alarm Devices. Sounding of any exterior burglar, fire, or automotive burglar alarm shall not exceed duration of thirty minutes and shall be limited to emergency usage.

G.    Refuse Collection Vehicles. Refuse collection vehicles shall not exceed eighty-six dBA when measured at fifty feet from any point on the vehicle, and shall be limited to operating between six a.m. and ten p.m. within five hundred feet of a residential or noise-sensitive zone.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The NCO shall have primary responsibility, with such assistance of the police department as may be necessary or desirable, for the enforcement of this chapter. The NCO may seek voluntary compliance by way of warning, notice, or informational materials.

A.    Violations. Written notice shall be provided to the responsible party upon an initial violation of the provisions of this chapter. Notice shall specify the time frame for violation correction, if applicable, or time frame for permit/variance application submittal. No further action shall be taken where violations are voluntarily remedied prior to or after written violation notice.

B.    Misdemeanor. Any person violating any of the provisions of this chapter shall be deemed guilty of misdemeanor and, upon conviction thereof, shall be punished as provided for in Chapter 11.56, Enforcement. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

C.    Party Noise Violations.

1.    Action may be taken as necessary to abate any gathering or party of two or more people occurring on private property that violates the noise thresholds of this chapter, or is otherwise a threat to the public peace, health, safety, or welfare due to the magnitude of the crowd, noise, traffic, disturbance or unruly behavior, and/or destruction of property generated by the gathering.

2.    Notice of violation, orally and in writing, shall be provided to the responsible party, property owner, occupant, or legal guardian, who shall be held liable for the cost of providing noise enforcement services.

3.    If the gathering is not voluntarily dispersed and additional city personnel and/or law enforcement involvement is required to disperse the nuisance, the responsible party or parties shall be jointly and severally liable for the following costs incurred by the city:

i.    The actual cost to the city for law enforcement services, excluding the initial response provided by the NCO or police officer to abate any party noise violations.

ii.    Damage to public property resulting from such law enforcement response.

iii.    Injuries to any NCO or law enforcement personnel involved in such law enforcement response.

D.    Billing and Collection. The police department or NCO shall calculate all costs and shall advise the director of finance. The responsible party or parties shall be billed by the director of finance following receipt of the total cost. Payment shall be due and payable within fifteen days of the billing date. If the amount due is not paid, the city may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of the law.

E.    General Prohibition. Notwithstanding any other provision of this chapter or of this code, and in addition thereto, it shall be unlawful for any person to willfully make, generate or continue, or cause to be made, generated or continued, any loud noise from any source that unreasonably disturbs the peace and quiet of two or more persons of normal sensitiveness who reside or work in the area.

1.    The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

i.    The volume of the noise;

ii.    The intensity of the noise;

iii.    Whether the nature of the noise is usual or unusual;

iv.    Whether the origin of the noise is natural or unnatural;

v.    The volume and intensity of the background noise, if any;

vi.    The proximity of the noise to residential sleeping facilities;

vii.    The zoning classification of the area from which the noise emanates;

viii.    The density of inhabitation of the area from which the noise emanates;

ix.    The time of day or night the noise occurs;

x.    The duration of the noise;

xi.    Whether the noise is recurrent, intermittent, or constant;

xii.    Whether the noise is produced by commercial or noncommercial activity;

xiii.    Whether the noise is a consequence or expected result of an otherwise lawful use.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The owner or operator of a noise source that violates any of the provisions of this chapter may file a variance application, consistent with the procedures of Chapter 11.51, Permits and Procedures.

A variance application shall detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations, the NCO shall consider the following:

1.    The magnitude of nuisance caused by the offensive noise.

2.    The uses of property within the area of impingement by the noise.

3.    The time factors related to study, design, financing, and construction of remedial work.

4.    The economic factors related to age and useful life of the equipment.

5.    The general public interest, welfare, and safety.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Appeals of a planning commission decision regarding this chapter may be made within ten working days of such decisions. Appeals may be made to the city council by filing a notice of appeal with the city clerk. Appeal and noticing procedures shall proceed consistent with Chapter 11.51, Permits and Procedures.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The purpose of this chapter is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (“the Acts”) in the application of zoning laws and other land use regulations, policies, and procedures.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Applicability. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any entity when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards, and/or practices for the siting, development, and/or use of housing or housing-related facilities that would eliminate or modify regulatory barriers to provide a person with a disability equal opportunity to housing of his/her choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 11.35.030, Applications.

B.    Exemptions. The city’s reasonable accommodation process is administrative, and not subject to review under the California Environmental Quality Act (CEQA).

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Requests for reasonable accommodation shall be submitted on an application form provided by the planning division or in the form of a letter to the director, and shall contain the following information:

1.    The applicant’s name, address, and telephone number.

2.    Address of the property for which the request is being made.

3.    The current actual use of the property.

4.    The zoning code provision, regulation, or policy from which reasonable accommodation is being requested.

5.    Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.    A review with other land use applications shall be made. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant shall file the information required by subsection (A) of this section together for concurrent review with the application for discretionary approval.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Director. Requests for reasonable accommodation shall be reviewed by the director, or designee, if no approval is sought other than the request for reasonable accommodation. The director shall make a written determination within thirty days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with this chapter.

B.    Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with this chapter.

C.    Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the findings required by this chapter.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    The written decision to grant or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on consideration of the following factors:

1.    Whether the housing that is the subject of the request will be used by an individual who is disabled under the Acts.

2.    Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3.    Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

4.    Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including land use and zoning.

5.    What the potential impact on surrounding uses would be.

6.    What the physical attributes of the property and structures would be.

7.    Consideration of alternative reasonable accommodations that may provide an equivalent level of benefit.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Thresholds triggering the requirements of this chapter, for the applicable development types established by Section 11.35.020(A), Applicability, shall be subject to the appeal process as defined in Chapter 11.50, Administration.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The purpose of the following provisions is to eliminate excessive and confusing visual blight created by uncontrolled and unplanned signs. It is the intent of these regulations to develop and encourage a sign program that will provide a harmonious tone and aesthetically pleasing visual character to the city, thereby promoting the economic health and public welfare of its residential and business sectors.

(Ord. 2353 § 7 (part), 7-10-18)

The objectives to be used in applying specific standards are as follows:

1.    To distinguish individual business, residential, and public uses without confusion, unsightliness, or visual obscurity of adjacent land uses.

2.    To assure that all signs in terms of size, height, and location are compatible with the surrounding land use, character, and on-site development.

3.    To assure that all signs and sign supports, in terms of color, form, materials used, lighting, and design, are architecturally integrated with the building and neighborhood style and are of safe style and of sound construction.

4.    To assure that off-premises advertisements are compatible with the surrounding land uses and do not obscure views of adjacent on-premises signs.

(Ord. 2353 § 7 (part), 7-10-18)

1)    “Abandoned signs” means any existing sign located on a property for a purpose which no longer exists or for a purpose which is unrelated to the present purpose and unused by the same.

2)    “Abatement” means the process by which the city requires removal of signs relating to inoperative or no longer existing businesses and signs that do not conform to the provisions of this chapter.

3)    “Advertising sign” means any lettered board or other display used to identify products, brand names and prices offered by a business.

4)    “Advertising statuary” means a statue or other three-dimensional structure imitating or representing a person, animal, or object which is sculptured, molded, or cast in a solid or plastic substance, material, or fabric, and used for commercial or industrial purposes.

5)    “Advertising structure” means any wall, ground, pole sign, billboard, or other structure and all parts thereof which is erected or used for advertising purposes or upon which any poster, bill, bulletin, printing, painting, device, or other advertising matter of any kind whatsoever is placed, posted, tacked, nailed, pasted, or otherwise fastened; including also neon outlining for advertising and electric signs; but shall not include any board, sign, or surface used exclusively to display official notices issued by any court or public office, or posted by any public officer in the performance of a public duty, or a private person giving legal notice.

6)    “Advertising device” means any balloon, flag, pennant, propeller, oscillating, rotating, pulsating light, noise making, or other contrivance except a sign, used to attract attention for the purpose of promoting the sale of products of any person.

7)    “Advertising display” means any device, contrivance, statue, or structure other than a sign used as a display, regardless of size and shape, or for the purposes of attracting attention or making anything known, the origin or place of sale of which is on the property with such advertising display.

8)    “Allowable sign area” means the area included within the outer dimensions of a sign. In case of a multiple-face sign, each side will be computed as part of the maximum allowable sign area. In case of a sign placed on a wall or other surface without a border, the area shall be computed by enclosing the entire sign within the smallest rectangle that will wholly contain the sign message and computing the area thus enclosed.

9)    “Alteration” means any change in copy, color, hue, size or shape, which changes the appearance of a sign, or a change in position, height, location, construction, or supporting structure of a sign. Copy change on a bulletin board copy sign is not an alteration.

10)    “Animated or flashing sign” means a sign with action or motion, flashing or color change, requiring electrical energy, electronic or manufactured source of supply, but not including wind activated elements such as flags, banners, or specialty items. This excludes public service signs such as time and temperature units.

11)    “Awning” means a movable shelter supported entirely from the exterior wall of a building and of a type which can be fixed or retracted, folded, or collapsed against the face of the building.

12)    “Background area of sign” means the entire display area of a sign upon which copy could be placed.

13)    “Bench sign” means a sign located on a bench or similar structure on or near a public right-of-way.

14)    “Billboard” means a sign designed for changing advertising copy and which is normally used for the advertisement of goods, products, or services rendered at locations other than the premises on which the sign is located.

15)    “Building face” means all windows, doors, and wall areas of a building in one plane or elevation.

16)    “Building frontage” means the linear width of a building.

17)    “Building height” means the vertical distance measured from the ground level grade to the top of the building face or roofline.

18)    “Building identification sign” means any sign containing name and/or address of a building and may include hours of operation and emergency information, such sign being located on the same site as the structure.

19)    “Changeable copy (bulletin board) sign” means a sign which is designed to accept changeable copy, manually or electrically, regardless of the method (i.e., rigid, precast letters or characters, handbills, posters) which advertises services or products provided on the site.

20)    “Commercial center” consists of at least three commercial uses, sharing common points of access and parking.

21)    “Construction sign” means a temporary sign stating the names, addresses and phone numbers of those individuals or businesses directly connected with the construction or alteration on the site where the sign is located.

22)    “Convenience sign” means a sign not larger than four square feet which conveys information such as “restrooms,” “no parking,” “entrance,” and the like, but does not contain brand, trade or business identification and is designed to be viewed on site or adjacent to the site by pedestrians and/or motorists.

23)    Reserved.

24)    “Dilapidated” means buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life.

25)    “Directional sign” means an on-premises or off-premises sign designed to guide or direct pedestrian or vehicular traffic.

26)    “Double-faced sign” means a sign which has two display surfaces back-to-back or against the same background, one face designed to be seen from one direction and the other from another direction.

27)    “Electric sign” means a sign energized electrically, electronically or by other power source, when such energy is utilized to illuminate or activate the advertising message or a portion thereof.

28)    “Freestanding sign” means an independent sign which is neither attached nor a part of a building, and is permanently affixed in or upon the ground.

29)    “Grade” means the ground level nearest the sign location.

30)    “Graphics” means all lettering, logograms, pictures, symbols, patterns, and depictions, including color, on a sign.

31)    “Height (of sign)” means the distance from the average ground level or grade immediately surrounding the base of the sign to the top of its highest element, including any structural element.

32)    “Icon sign” means a sign which resembles the type of business or product offered on the premises.

33)    “Identification sign” means any sign referring to the name, service or product of a business. Such sign shall not include the listing of specific products or of specific brand names or products offered for sale, unless the product or name is incorporated into the name of the business.

34)    “Illegal sign” means any sign placed without proper government approval and/or permits required by the city of South Gate at the time said sign was placed. An illegal sign shall also mean any nonconforming sign which has exceeded its authorized amortization period.

35)    “Illuminated sign” means a sign in which an artificial source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs and reflectorized, glowing, or radiating signs.

36)    “Industrial center” means at least three industrial uses, sharing common points of access and parking.

37)    “Marquee” means any permanent roof structure, canopy, or awning attached to and supported by the building projecting over public or private property.

38)    “Marquee sign” means any sign painted, attached to, or hanging from a marquee.

39)     “Monument or ground sign” means any sign mounted directly on a planter or pedestal base.

40)    “Murals” means any painted wall sign that does not pertain to the business, product or service rendered on the premises.

41)     “Nonconforming sign” means a sign which was installed under laws or ordinances in effect prior to the effective date of the ordinance codified in this chapter or subsequent revisions, but which is in conflict with the current provisions of this chapter.

42)     “Off-premises sign” means a sign which indicates or implies the availability of products or services rendered at a specific location or locations other than the premises on which the sign is located (billboards and benches).

a.    “Off-premises freeway sign” means a single-faced or double-faced sign which is oriented towards the freeway (Interstate 710) and which indicates or implies the availability of products or services at a specific location or locations other than the premises on which the sign is located (billboards or public service messages).

b.    “Off-premises surface street sign” means a single-faced or double-faced sign which is oriented towards a public surface street and which indicates or implies the availability of products or services at a specific location or locations other than the premises on which the sign is located (billboards or public service messages).

43)    “On-premises sign” means a sign which carries only advertisements strictly incidental to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted, services rendered, goods sold or produced, name of business, name of person, firm or corporation occupying the premises.

44)    “Painted sign” means a sign which is painted directly on a building or structure.

45)    “Parapet wall” means that portion of the building wall that rises above the roofline.

46)    “Pennants” means devices generally made of flexible materials, usually cloth, paper, or plastic. They may or may not contain any copy and are primarily intended to draw attention.

47)    “Placed,” as used in this chapter, includes erected, projected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise made visible in any manner whatsoever.

48)    “Planned sign design” means a coordinated program of one or more existing signs for an individual commercial or industrial business establishment or a commercial or industrial business center that provides for an alternative to the general sign regulations. It is intended to encourage the maximum incentive and latitude in order to achieve variety and good design.

49)    “Pole sign” means any sign supported by a structural member(s) with air space between the grade level and the sign face.

50)    “Political sign” means a temporary noncommercial sign that shall be permitted on private property in any zone for a reasonable period of time preceding an election.

51)    “Portable sign” means a sign which is capable of being carried or readily moved from one spot to another and which is not permanent in nature.

52)    “Premises” means a lot or a building site, or a specific portion of a lot or building site that contains the structures and the open spaces needed for the location, maintenance, and operation of the use of the property.

53)    “Projecting sign” means a sign, other than a wall sign, which is primarily attached to the exterior of a building and extends beyond such exterior wall, and is not parallel to the structure to which it is attached.

54)    “Public right-of-way signs” means signs that encroach into public streets, alleys, parkways, and sidewalks.

55)    “Real estate sign” means a temporary sign advertising the sale, lease or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease or rent.

56)    “Revolving sign” means a sign which turns or rotates to any degree.

57)    “Roof sign” means a sign erected upon or above a roof or parapet wall of a building and which is wholly or partially supported by said building.

58)    “Sign” means any physical form of visual communication which can be viewed from public areas and adjoining private properties. In addition, it shall include all parts, portions, frame, background, structure, and support, and anchorage thereof.

59)    “Sign copy” means any allowable sign area used to display a message using words, numbers, graphics, maps, etc., in any combination thereof, advertising a service or product provided.

60)    “Sign permit” means a permit with an identification number issued by the building and safety division (exclusive of electrical or structural permit required depending on the sign type). The permit registers a sign that has been approved by the department of community development or city planning commission.

61)    “Sign plan” means the information (height, area, color, location, etc.), submitted as the application for a sign permit, whether it is for a new sign(s) in conformance with these provisions or approved as part of a planned sign design or sign theme.

62)    “Sign structure” means any edifice or framework which supports or is capable of supporting any sign as defined herein. A sign structure may be single pole, column or frame, and may or may not be an integral part of a building.

63)    “Sign theme” means a coordinated program of one or more new signs for an individual commercial or industrial business center that provides for an alternative to the general sign regulations. It is intended to encourage the maximum incentive and latitude in order to achieve variety and good design. Approval shall be by the city planning commission. Approval of signs and the issuance of the sign permit shall be referenced as the sign theme for that business establishment.

64)    “Street frontage” means the width of a lot or parcel of land along or fronting upon a street(s).

65)    “Subdivision directional signs” means off-premises signs providing information on the location of a subdivision, whole lots, parcels, or units being offered for sale, lease, or rent.

66)    “Subdivision identification signs” means off-premises signs advertising developed or undeveloped real property which has been divided into five or more lots, parcels or units, for sale, lease, or rent. Signs advertising fewer than five such lots shall be treated as real estate signs for property of less than one acre, or real estate signs for property of one acre or more, depending on the applicable acreage.

67)    “Temporary sign” means a sign or banner of cloth, canvas, light fabric, cardboard, wallboard, plywood, metal or plastic intended to advertise community or civic projects, construction projects, real estate, political or other special (example: grand opening, manager special) events.

68)    “Time and temperature” means a timepiece erected on the exterior of any building or structure for the convenience of the public and placed and maintained by persons for the purpose of advertising.

69)    “Tri-posters” means billboards with three-dimensional rotating slats that create three different viewing panels.

70)    “Vehicle signs” means business signs on or affixed to trucks, automobiles, trailers, or other vehicles. Such vehicles are used primarily to support or display such signs, while parked on public or private property, other than for the purpose of lawfully making deliveries or sales of merchandise or rendering services from such vehicles.

71)    “Wall sign” means a sign painted, attached to, or installed on the exterior of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall.

72)    “Window sign” means any sign, exposed to public view, attached, painted, or pasted, either permanent or temporary, displayed on the interior or exterior surface of a window.

(Ord. 2353 § 7 (part), 7-10-18)

The city does hereby adopt the following general policies:

1.    All signs shall pertain to the identification of the use, product, or service provided on the premises, and/or interest being offered for sale or lease thereon, except for billboards, governmental, or community service signs as provided in this chapter.

2.    All new signs shall obtain a permit, except for those signs indicated in Section 11.36.070, New signs exempt from sign permit requirements.

3.    All business and residential buildings shall be identified by a street address sign and such street address shall be exempt from the required permit.

4.    All signs, where applicable, shall meet the standards of the city’s building code.

5.    Trees, rocks, bridges, utility poles in the public right-of-way, dilapidated buildings or structures, and vehicles shall not be used to support signs.

6.    If more than two sides of a sign structure are to be used for display, the permit shall be subject to review by the director of community development or his or her designee.

7.    In calculating the area of signs, the following shall apply:

a.    Both sides of a double-faced sign shall be used to calculate the total allowable sign area.

b.    For irregularly shaped signs, the area shall be that of the smallest rectangle that will wholly contain the sign.

8.    No more than four signs per establishment will be permitted, exclusive of approved temporary or other special service signs. In cases of joint occupancy, each business establishment shall be entitled to a maximum of two permanent signs per building face.

9.    Not more than three brand names or trademarks shall be used on any one permanent sign.

10.    Signing for a new business or business establishment within a new commercial or industrial center shall have an entire signing theme. The theme of such signing shall be approved as a sign theme by the city planning commission.

11.    A planned sign design may be approved for existing commercial or industrial, individual business, or business centers subject to review by the director of community development or his/her designee.

12.    Every sign shall be maintained in a safe, presentable, and good structural material condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of said sign. If the sign is not made to comply with safety standards, the director of community development or his/her designee shall require its removal in accordance with this chapter.

13.    In the interest of preserving the public peace, safety, morals, and welfare, it will be required that all signs and advertising structures be constructed or erected subject to the provisions of this chapter. All signs and advertising structures constructed after the effective date of the ordinance codified in this chapter which do not comply with this chapter are hereby declared to be public nuisances and may be abated in the manner provided by Chapter 11.56, Enforcement.

(Ord. 2353 § 7 (part), 7-10-18)

The following signs and/or sign structures are prohibited:

1.    Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination, may be confused with or construed as a traffic control sign, or device, or the light of an emergency or road equipment vehicle, or which hide from view any traffic or street sign or signal or device.

2.    Any signs and supports other than those signs and supports required by governmental authority, or for which an encroachment permit has been issued, which are located on the public right-of-way, including sidewalks, public streets, alleys, and parkways. This section shall not apply to permanent signs on commercial vehicles or commercial trailers lawfully operated or parked in such areas.

3.    Signs that glare, flash, change, reflect, blink or emit sound, odor, or visible matter which serves as a distraction to persons, except as otherwise provided in this chapter. Reader boards will be permitted subject to the issuance of a conditional use permit.

4.    Signs advertising an activity, business, service or product no longer conducted or sold on the premises; and which shall be removed within sixty days after such use is discontinued. This provision shall be enforced pursuant to this chapter. Structure to be removed within one year.

5.    Signs that exceed the height of the building roofline or architecturally integrated parapet wall, except as otherwise provided in this chapter.

6.    Signs that display a message or a graphic representation that is lewd, indecent, or otherwise offensive to public morals.

7.    Business sign on or affixed to trucks, automobiles, trailers, or other vehicles, used for the purpose of displaying such signs, while parked on public or private property except on property currently licensed for the sale of new or used motor vehicles.

8.    Portable, folding, A-frame, feather flag, teardrop, or similar type signs.

9.    Signs pertaining to a business home occupancy are expressly prohibited.

10.    Signs using colors in the fluorescent “dayglow” color spectrum.

11.    Signs that are painted, attached, glued, pasted, or otherwise affixed to display windows, except as authorized by Sections 11.36.070, New signs exempt from sign permit requirements, and 11.36.090, Signs allowed by sign permit in commercial and manufacturing zones, whether advertising an activity, business, product, or price.

12.    Temporary signs shall not be displayed on the exterior surface of a building or window except as provided in this chapter.

13.    Projecting signs, except as otherwise provided in this chapter.

14.    Painted wall signs, except as otherwise provided in this chapter.

15.    Off-Premises Advertising Signs. Signs used to advertise the availability or sale of goods, property or services at locations other than the premises on which the sign is located are prohibited, except as allowed by this chapter.

16.    Any sign not specifically authorized by this chapter is prohibited, unless authorized by specific approval of the director of community development or the city planning commission.

17.    Rooftop signs.

18.    Helium-Filled Balloons. No large balloons or strings of balloons filled with helium or other lighter-than-air gas are permitted. Inflatable statuary signs, such as a hot air balloon, are strictly prohibited.

(Ord. 2353 § 7 (part), 7-10-18)

Advertising displays are not permitted to be placed within the public right-of-way, except as follows:

1.    Structures advertising the business conducted on the premises may overhang the right-of-way as indicated in Section 11.36.090, Signs allowed by sign permit in commercial and manufacturing zones, if the structure is permitted by an encroachment permit. Such displays must be structurally adequate and be attached to the building or otherwise supported on private property.

The wording of “on-premises signs” erected under an encroachment permit must identify the owner or advertiser, goods sold or manufactured on the premises, or the services rendered. Words or phrases similar to “Stop Here” or “Turn Here” will not be permitted.

2.    Applications for overhanging signs containing flashing, rotating or intermittent lights will not be permitted, except as necessary to give public service information, i.e., time, date, temperature, etc. Permits will generally not be granted for red, yellow, or green illuminated signs in areas where traffic signals are in operation. Permits will not be granted for displays which interfere with, hide, or, because of their color background, make differentiation of traffic signals or regulatory signs difficult.

3.    Permanent overhead signs are not to be erected or suspended over any street right-of-way. Substantial cloth, canvas banners, or other signs constructed of lightweight material announcing special nonprofit events sponsored by public organizations and any event approved by the city council for a specific purpose, such as “sidewalk” sales, are permitted for short periods, not exceeding two weeks, immediately preceding the event. Such banners will only be allowed within the community staging the event or at a location immediately adjacent to where the event is held. Widespread advertising by this medium is strictly prohibited. Authorized banners shall be removed within five working days after the event.

Authorized banners and decorations must be securely suspended from existing structures at least eighteen feet clear above the roadway. Erection of special poles or supports for temporary banners will not be authorized.

Political banners, signs or placards are not allowed on highway right-of-way, and shall be summarily removed upon discovery.

Seasonal decorations, without advertising matter, require a temporary use permit. Christmas decorations may be installed at any time requested during the month of November or December and must be removed within a reasonable time after Christmas.

(Ord. 2353 § 7 (part), 7-10-18)

The following signs may be placed in all zones of the city without a permit subject to the limitations provided or any other applicable codes:

1.    Name plates, addresses, identification signs or notices not exceeding two square feet in area.

2.    Community Activity Signs. Signs affiliated with religious, charitable, cultural, civic, educational or other nonprofit organizations. Said organizations must be exempt from the franchise tax board.

a.    Size. Shall not exceed twelve square feet in sign area.

b.    Height. Shall not exceed six feet; on facade, shall not exceed the height of the permanent signage.

c.    Location. Shall not be less than three feet inside the property in residential zones.

d.    Limitations. Shall be temporary (not exceeding thirty days) signs; shall be nonilluminated; shall be dated with the date of the first day the sign is displayed; and shall be removed within two days following the event.

3.    Flags and Emblems. Signs which are flags or emblems of a political, civic, philanthropic, educational or religious quasi-public use organization, which are to be maintained for a period of time greater than one month, may be allowed for any lot occupied by an organization as to which such flag or emblem is appurtenant.

a.    Size. Collective sign area shall not exceed twelve square feet for any one lot.

b.    Height. Not restricted.

c.    Location. One sign for each street frontage.

d.    Limitations. Flags must be kept in good repair.

4.    Government or Other Signs Required by Law. Signs placed by a governmental body or private individual or business as required by federal, state, or city law.

a.    Size. As required by law.

b.    Height. As required by law.

c.    Location. As required by law.

d.    Limitations. Shall be nonilluminated signs, unless required by law.

5.    Political Signs. Signs associated with a candidate for elected office, political party or ballot measure, or which make a political statement.

a.    Size. Shall not exceed twelve square feet in sign area in residential zones and thirty-two square feet in sign area in commercial and industrial zones.

b.    Height. Shall not exceed six feet in a residential zone, or eight feet in commercial or industrial zone.

c.    Location. Shall not be less than five feet inside the property line in residential zones.

d.    Limitations. Shall be nonilluminated signs; shall have the consent of the property owner; political signs shall be installed no earlier than ninety days before and shall be removed no later than five days after that election.

6.    Real Estate Signs for Property of Less than One Acre. Signs offering developed or undeveloped real property of less than one acre for sale, lease or rent. For one acre or more see Section 11.36.080 (Signs allowed by sign permit in all zones).

a.    Size. Shall not exceed twelve square feet in sign area. In the event that the sign refers to a single-family home, then the size of the sign shall not exceed six square feet in area.

b.    Height. Shall not exceed six feet in residential zones, or eight feet in commercial and industrial zones.

c.    Location. Shall not be less than five feet inside the property line in a residential zone.

d.    Limitations. Shall be nonilluminated; only one such sign may be displayed on each street frontage of the real property to which it refers.

7.    Temporary Window Signs. Signs placed or displayed on a window or window frame, covering less than twenty-five percent of the window area, announcing special sales, a change of management or similar information, and designed to be viewed from adjacent streets, sidewalks, public rights-of-way, or parking lots within a business center.

a.    Size. Such window signs in the aggregate shall cover less than twenty-five percent of the window area.

b.    Height. Bottom of sign must be placed a minimum of forty-two inches above the sidewalk.

c.    Location. In all commercial and industrial zones.

d.    Limitations. Shall be dated with the date the sign is first displayed; and placed on the interior and be temporary (not to exceed thirty days) signs which are to be removed two days following the event they were intended for, and shall be nonilluminated signs. Total area of all window signs, both permanent and temporary, shall not exceed one-half of the window area.

8.    Memorial signs or plaques, installed by a recognized historical society, not to exceed four square feet in area. In the event the sign is larger, the sign must conform to Section 11.36.090, Signs allowed by sign permit in commercial and manufacturing zones, whichever is applicable.

(Ord. 2353 § 7 (part), 7-10-18)

The following signs may be placed in all zones by permit only, subject to the limitations specified and any other applicable codes:

1.    Banners across the Public Right-of-Way. Temporary signs, usually of flexible material, suspended across a public right-of-way, announcing civic, charitable religious or educational activities or other nonprofit organization events which are taking place or will take place within the city. Size, height and location will be subject to the approval of the city council with recommendations by the departments of community development and public works.

Banner signs shall be temporary (not exceeding thirty days) signs, and shall be removed five days after the event.

2.    Construction Announcement Signs. Signs placed on real property upon which construction is to take place, or is taking place, which contain information regarding the individuals and firms directly connected with the construction project, including the name of the contractor, the subcontractors, the real estate licensee, and the future tenant.

a.    Size. Shall not exceed eighteen square feet in area on a parcel of land less than one acre. Not to exceed twenty-five feet in sign area on a parcel of land of one acre or more. In the event that a sign does not exceed twelve square feet in sign area, only one such sign may be displayed on each street frontage of the real property to which it refers. A sign permit shall not be required.

b.    Height. Shall not exceed eight feet on a parcel of land less than one acre; shall not exceed ten feet on a parcel of land of one acre or more.

c.    Location. Shall not be less than five feet inside the property line in residential zones.

d.    Limitations. Shall be nonilluminated signs; shall be removed within thirty days after issuance of a certificate of occupancy by the city.

3.    Institutional Signs. The standards below shall be applicable to signs identifying the premises of, or announcing the activities conducted by, a church, school, hospital, rest home, or similar institutional facility in a residential zone. In commercial and industrial zones, Section 11.36.090, Signs allowed by sign permit in commercial and manufacturing zones, shall be applicable, depending on the type of sign.

a.    Size. The aggregate size of all signs pursuant to this section shall not exceed twenty square feet in sign area.

b.    Height. Shall not exceed six feet if it is a ground sign.

c.    Location. Shall not be less than five feet inside the property line.

d.    Limitations. Only one such sign may be displayed for each street frontage, and ground signs shall be erected inside a landscaped area or planter equal to the total area of the monument sign.

e.    Church directory signs and monument identification signs, approved by the department for safety standards. (Those existing prior to effective date of the ordinance codified in this chapter shall be exempt.)

4.    Real Estate Signs for Property of One Acre or More. Signs offering developed or undeveloped real property of one acre or more for sale, lease, or refit.

a.    Size. Shall not exceed thirty-two square feet in sign area. In the event that a sign does not exceed twelve square feet in sign area, a permit shall not be required, and the provisions of Section 11.36.070(6), Real Estate Signs for Property of Less than One Acre, shall be applicable.

b.    Height. Shall not exceed eight feet.

c.    Location. Shall not be less than five feet inside the property line in residential zones.

d.    Limitations. Shall be nonilluminated, and only one such sign may be displayed per street frontage of the property to which it refers.

5.    Convenience Signs. On-site signs which are necessary for public convenience or safety but which are nonexempt; containing information such as “entrance,” “exit,” or directional arrows (but not business or product identification); shall be designed to be viewed from on site, or from an area adjacent to the site, by pedestrians or motorists; further, said individual signs shall not be larger than four square feet. The aggregate area of convenience signs shall not exceed sixteen square feet for developments of one acre or less. Signage for developments of more than one acre shall be subject to review. Signs meeting these criteria will be exempt from the maximum number of signs allowed.

6.    Subdivision Directional Signs. Off-premises signs providing information on the location of a subdivision whose lots, parcels, or units are being offered for sale, lease, or rent.

a.    Size. Shall not exceed twelve square feet in sign area.

b.    Height. Shall not exceed six feet.

c.    Location. Shall not be less than five feet inside the property line in residential zones.

d.    Limitations. Shall be nonilluminated signs; shall not be placed nearer than fifty feet from any residence or other directional sign; no more than four such signs may be displayed. The permit for any such sign shall expire one year from the date of issuance. The permit for any such sign shall be approved only after approval has been granted for a subdivision identification sign; no additional permit application fee or bonding fee shall be required for subdivisional directional signs.

7.    Subdivision Identification Signs. On-premises signs advertising developed or undeveloped real property which has been divided into five or more lots, parcels or units, for sale, lease, or rent. Signs advertising fewer than five such lots shall be treated as real estate signs for property of less than one acre per Section 11.36.070, New signs exempt from sign permit requirements, and 11.36.090, Signs allowed by sign permit in commercial and manufacturing zones, or real estate signs for property of one acre or more per subsection (4) of this section, depending upon the applicable acreage.

a.    Size. Shall not exceed fifty square feet in sign area.

b.    Height. Shall not exceed ten feet.

c.    Location. Shall not be less than five feet inside the property line.

d.    Other Restrictions. Shall be nonilluminated signs. Only one such sign may be displayed. The permit for such sign shall expire one year from the date of the issuance. The permit for such a sign shall be subject to the posting of a bond or one thousand dollars in cash in favor of the city to guarantee removal in an amount necessary for dismantling of said sign as determined by the city engineer.

(Ord. 2353 § 7 (part), 7-10-18)

The following signs require permit approval, subject to the limitations specified and any other applicable codes:

1.    Temporary Signs. Banners, pennants, search lights, strings of exposed light bulbs, twirling signs, balloons or other gas-filled objects, and advertising statuary shall only be permitted for a period of ninety days with the option for an additional ninety-day approval, subject to approval for grand opening or other special temporary events as approved by the director of community development.

a.    Temporary Signs at New and/or Used Vehicular Sales Businesses. Temporary signs, usually affixed to the wall(s) and/or roof of buildings, light standards, vehicles and/or existing permitted permanent signs including but not limited to banners, pennants, pole decorations, cold-air balloons, etc., may be approved up to ninety days in duration. Approval shall be provided by the director of community development. An option for a ninety-day extension may be approved by the director of community development.

b.    A sign plan shall be submitted to the director of community development detailing the type, number, location and duration of temporary signs.

c.    Limitations. The display of temporary signs shall not exceed ninety days unless an extension, not to exceed an additional ninety days, is approved by the director of community development.

2.    Wall Sign. Any sign painted or attached parallel to the face of a building to identify or advertise a business, service or product provided within the building.

a.    Permitted Zones. All commercial and manufacturing.

i.    Reserved.

ii.    Attached. This means a sign painted on material other than paper or cloth, and affixed to the building shall be permitted in all commercial and manufacturing zones. Permit required.

b.    Size. Sign area shall not exceed two square feet of area per linear foot of street building frontage. No sign shall exceed forty percent of the building face upon which it is placed. For business establishments that continuously maintain an entrance open to the public through its rear, said establishments shall also be entitled to two square feet of sign area per one linear foot of the street building frontage to a maximum of twenty percent of the rear building face for additional signage. For business establishments with a side wall, the same standards shall apply. Areas shall not be exceeded unless otherwise approved as part of the planned sign design by the city planning commission through the site plan process as part of the sign theme.

c.    Height.

i.    Commercial Zones. No wall signs shall exceed the height of the building roofline or architecturally integrated parapet wall, unless approved as part of the planned sign design by city planning commission.

ii.    Manufacturing Zones. Height shall not exceed the height of the building roofline or architecturally integrated parapet wall, unless approved as part of planned sign design by the city planning commission through the site plan process as part of the sign theme.

d.    Projections. A structural wall sign may only project eighteen inches from the building face. Signs projecting more than eighteen inches shall conform to the provisions of subsection (5) of this section.

e.    Limitations. All nonpainted wall signs shall be constructed of materials other than paper or cloth. Signs may only be illuminated internally. In instances of multistory buildings, signs located above the ground floor shall be subject to review by the director of community development.

f.    Murals. Any painted wall sign that does not pertain to the business, product or service rendered on the premises shall be considered a mural. Size, height, locations, and other restrictions shall be reviewed by the planning commission.

3.    Freestanding Monument or Ground Sign. Signs erected or supported by a planter or pedestal base, detached from the building(s), to identify or advertise a business, service, or product provided within the building(s). A minimum of one hundred fifty feet of street frontage shall be required for a ground sign, and a building setback of at least ten feet from the street right-of-way.

a.    Permitted Zones. Commercial and manufacturing, except as provided in Section 11.36.080(3), Signs allowed by sign permit in all zones.

b.    Size.

i.    Commercial Zones. The sign area shall have a maximum of twenty-five square feet per side.

ii.    Manufacturing Zones. Sign area shall not exceed an area of one square foot for each lineal foot of frontage abutting a street, with a maximum allowance of one hundred fifty square feet.

iii.    Additional sign area may be approved for a commercial or industrial center, if approved as part of the planned sign design by the city planning commission through the site plan process as part of the sign theme.

c.    Height.

i.    Commercial Zones. Maximum sign height shall not exceed six feet above finished grade.

ii.    Manufacturing Zones. Maximum sign height shall not exceed eight feet above finished grade.

iii.    Additional sign height may be approved as part of a planned sign design by the city planning commission as part of the sign theme.

d.    Location. Shall not be located less than five feet inside the property line.

e.    Limitations. If the sign is double-faced, each side will be computed as part of the maximum allowable sign area. Ground signs shall be used for identification only and may give the name, address, and/or type of business service, or product provided. All signs shall be erected inside a landscape area or planter equal to the total area of the monument signs.

Freestanding monument or ground signs may only be directly or indirectly illuminated and only one such sign per parcel is permitted.

f.    Church directory signs and monument identification signs approved by the building and safety division for safety standards existing prior to the effective date of the ordinance codified in this chapter shall be exempt.

4.    Pole Sign. Sign erected or supported by a pole to identify or advertise a business, service or product provided on the premises.

a.    Permitted Zones. M-2 and M-3.

b.    Other Permitted Locations (Commercial Zone). Parcels abutting two or more street intersections or any parcel in a commercial zone with street frontage of not less than one hundred fifty feet.

c.    Size. Sign area shall not exceed one square foot of sign area per lineal foot of street frontage unless otherwise approved as part of the planned sign design by the city planning commission through the site plan process as part of a sign theme.

d.    Height.

i.    The sign shall not exceed the height of the building roofline or architecturally integrated parapet wall unless otherwise approved as part of the planned sign design by the city planning commission through a site plan process as part of the sign.

ii.    The maximum height of the sign shall not extend above the building roofline or architecturally integrated parapet wall unless otherwise approved as part of the planned sign design by the city commission through the site plan process as a part of the sign theme.

iii.    The minimum height of the sign area portion of the sign shall be at least eight feet above existing grade.

e.    Location. No pole sign shall extend outside the property line. The pole sign supports shall be set back from any property line by not less than five feet.

f.    Limitations.

i.    Only one pole sign per parcel. The sign shall be designed as part of a planter box with an integral part of the landscaped area equal to the total area of the sign.

ii.    Sign may only be internally illuminated. A pole sign shall not be approved when an establishment has an existing projecting sign.

iii.    For establishments that exist closer than five hundred feet to a freeway, pole signs may be permitted pursuant to Section 11.36.100; but not to exceed thirty-five feet in height nor one hundred square feet in area. The sign shall be subject to the issuance of a conditional use permit.

5.    Projecting or Icon Signs. Any sign projecting eighteen inches or more from the face of a building or extending beyond a street property line.

a.    Permitted Zones. All commercial and manufacturing.

b.    Size. The maximum area allowed is sixteen inches high by twenty-four inches wide.

c.    Height. Such signs shall be at least eight feet above the finished grade of the area over which the sign is suspended and shall be placed no higher than the height of the building roofline or architecturally integrated parapet wall.

d.    Projection.

i.    A sign projecting from zero to twelve inches from a building face must have a minimum clearance of eight feet from the bottom of said sign to the finished grade of the right-of-way.

ii.    A sign projecting over twelve to twenty-four inches from the building face must have a minimum clearance of ten feet from the bottom of the sign to the finished grade of the right-of-way.

iii.    A sign shall not project more than twenty-four inches.

6.    Marquee (Awning and Canopy). All signs painted on or attached to an awning or canopy. Small hanging signs that are directed towards pedestrian traffic.

a.    Permitted Zones. All commercial and manufacturing zones.

b.    Size. Signs attached to marquees, awnings, or canopies shall not exceed sixteen inches by two feet.

c.    Height. Such signs shall be at least eight feet above the finished grade of the area in which the sign is suspended.

d.    Limitations. Only address, name or product of the business may be placed on the awning or canopy.

7.    Permanent Window Sign. Any sign painted on or affixed to a window or designed to be viewed from the outside of the building.

a.    Permitted Zones. All commercial and manufacturing zones.

b.    Size. Aggregate sign area shall not exceed twenty-five percent of the window area.

c.    Height. Bottom of sign must be located a minimum of forty-two inches above the sidewalk.

d.    Any window covering that is not transparent would be classified as a sign.

8.    Changeable Copy, or Bulletin Board, or Electric Signs. Signs or sections of the signs designed to be used with removable graphics to allow changeable copy.

Signs shall be allowed for facilities used primarily for the presentation of theatrical, cultural, or sport events and shall be computed as part of the total allowable sign area. Such signs shall be allowed for other commercial and industrial uses as are deemed appropriate by the director of community development. Size, height, locations, and other restrictions are applicable under the appropriate section, depending upon the type of sign used.

9.    Time and Temperature. Signs that are designed as a public service shall not count as part of the total sign area, provided none of the sign copy or background pertains to the business name, service, or product offered on the premises. Such signs shall be allowed in the commercial and industrial zones. Size, height, location, and other restrictions shall be reviewed by the director of community development for appropriateness and proportionality of size to the surrounding buildings and uses. Signs that incorporate the business name, service, or products offered on the premises shall comply with the applicable restrictions for the type of sign used.

10.    Petroleum Products Service Stations. The following types of signs may be permitted, subject to the conditions listed and other applicable sections under the appropriate sections:

a.    Monument. One identification monument or ground sign not exceeding eight feet in height and an area forty square feet (twenty feet per side) in area shall be permitted per business.

b.    Wall. Additional wall signs shall be permitted upon the face of building provided they do not exceed an area of ten square feet per sign or an aggregate of forty square feet for all such signs.

c.    Accessory. Four small signs comprised of restroom signs, identification signs, credit card signs, tire signs, and/or price signs may be permitted, with the location determined by the director of community development, provided said signs are established a minimum of eight square feet per face or an aggregate area of twenty-four square feet.

d.    Changeable Copy. One permanently affixed price sign or changeable copy sign (or combination thereof), not exceeding an area of eighteen square feet, shall be allowed, provided said sign shall not be less than two feet in height; provided further, that only one ground sign be permitted near street intersections as described in this section. Said signs shall comply with all requirements set forth by the state of California, and be visible from all public access rights-of-way.

e.    Pole. Subject to the standards established in this section. Any legal petroleum products station that exists closer than five hundred feet to a freeway may be permitted a pole sign in excess of this section, but not to exceed thirty-five feet subject to the issuance of a conditional use permit; provided said sign does not exceed an area of one hundred square feet.

(Ord. 2353 § 7 (part), 7-10-18)

The following signs may be permitted subject to the limitations specified in this chapter and in Section 5412 of the California Business and Professions Code:

A.    Existing Off-Premises Signs. Off-premises signs lawfully in existence upon the effective date of the ordinance codified in this section shall not expand in any manner unless such expansion complies with this section. Any abatement procedures for an off-premises sign qualifying as an existing off-premises sign shall comply with Sections 5412, 5412.1, 5412.2, and 5412.3 of the California Business and Professions Code.

B.    Off-premises surface street signs are not permitted to be used.

C.    Off-Premises Freeway Signs. Off-premises freeway signs shall be permitted in the C-M, M-2, and M-3 zones, subject to compliance with the following conditions:

1.    Off-premises freeway signs shall be subject to review by the city’s department of community development. Any sign encroaching into the public right-of-way shall also be subject to review and approval by the city’s department of public works and, where appropriate, the Department of California State Transportation (Caltrans).

2.    Off-premises freeway signs shall not be located nearer than three hundred feet to a like existing sign as measured from the base of the support structure to the base of a like existing sign.

3.    The maximum height of any off-premises freeway sign shall not exceed forty-two feet to the top of the sign panel, as measured from the finished grade of the adjacent freeway from which said sign is to be viewed, except as otherwise provided in this section.

4.    The minimum clearance to the base line of a sign panel shall not be less than eight feet, as measured from the finished grade of the adjacent street from which said sign is to be viewed, except as otherwise provided in this section.

5.    The maximum area of a sign panel shall not exceed six hundred seventy-two square feet of each face of a double-faced sign, except as otherwise provided in this section.

6.    Sign area extensions shall be permitted, subject to the following provisions:

a.    No sign area extension shall project more than five and one-half feet above the top of the sign panel.

b.    No sign area extension shall project more than two feet from the sides or face of the sign panel.

c.    The combined total surface area of all sign area extensions shall not exceed two hundred square feet.

7.    No off-premises freeway sign shall be constructed or placed so as to block or obstruct the public view of other signs on adjacent properties.

8.    No off-premises freeway sign shall be located on any commercial property of which fifty percent or more is developed for residential uses.

9.    No advertising display shall be placed or maintained on an off-premises freeway sign if said sign is not in good repair.

10.    All utilities for off-premises freeway signs shall be placed underground.

11.    Flashing or rotating lights and/or illuminated or moving parts may be permitted on off-premises freeway signs, subject to Section 5403 of the California Business and Professions Code.

12.    Roof mounted off-premises freeway signs shall not be permitted.

13.    Liquor advertisements shall not be permitted on an off-premises freeway sign located within five hundred feet of a school, church, or park.

(Ord. 2353 § 7 (part), 7-10-18)

1.    General Provisions.

a.    Before the installation of a sign requiring a permit pursuant to the terms of this chapter, a sign permit application must be approved by the department of community development or city planning commission as authorized, and a sign permit and tags issued by the building and safety division.

b.    Building permits and/or electrical permits shall also be obtained in accordance with the building and/or electrical codes for structural signs.

c.    The department of community development shall review all sign permit applications and shall either approve, approve with modifications, refer the matter to the planning commission or deny said permit applications in accordance with the requirements of this chapter and any other applicable laws within fourteen working days of receiving the application.

d.    The department of community development shall maintain a record of all applications received and sign permits issued.

e.    Once the sign application is approved by the department of community development, or the city planning commission, the applicant shall submit the application to the building and safety division for approval. If said sign application is approved, the building and safety division shall issue a permit and tag. A fee shall be collected in accordance with Chapter 9.10, Sign Code, except as otherwise provided in this chapter.

f.    In the event the application requires approval of a planned sign design or sign theme, only one sign permit shall be required.

g.    The design of all signs shall be consistent with professional graphic standards.

h.    All work is required to be performed by a person with a state contractor’s license and city business license.

i.    A sign permit shall become null and void if the sign(s) for which the permit was issued has not been installed within one year of permit issuance.

j.    Any sign permit granted may be revoked.

k.    No sign that is illegal or prohibited according to the provisions of this chapter shall receive a sign permit.

2.    New Signs in Conformance with This Section.

a.    A sign permit application for each sign shall be submitted to the department of community development upon forms provided by the department, accompanied by two copies of a sign plan providing the following information:

i.    Location of property on which sign is to be located.

ii.    Position of each (existing and new) sign and its relation to adjacent buildings, structures, and other signs on the premises.

iii.    The proposed height, size, shape, color, and design of each sign and supporting structure.

iv.    The name and address of the applicant and the property owner.

v.    Such other information as the department of community development and building and safety division may require to determine compliance with this chapter and all ordinances of the city.

vi.    The endorsement of either the owner of the premises or an authorized representative of the owner.

b.    Existing signs may be reused by a new business at the same location, if approved by the department of community development for the new business, if the sign(s) conforms to the sign regulations and would not be a nonconforming sign(s) subject to removal within a stated period of time.

c.    If the application is in conformance with these provisions, the department of community development shall approve the application and refer it to the building and safety division for review and issuance of a sign permit and tag.

d.    All applicable fees will be paid to the building and safety division in accordance with Resolution No. 7668 (Schedule of Fees) adopted by the city council on July 14, 2015.

e.    Appeals. Any decision rendered by the department of community development may be appealed to the city planning commission per Section 11.50.040, Appeals.

i.    Any decision rendered by the city planning commission may be appealed to the city council per Section 11.50.040, Appeals.

3.    New Signs Requiring Approval of a Sign Theme.

a.    Sign Variances. When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this chapter occur by reason of the maximum standards for new signs set forth herein such as height, size, and location of any sign, a sign variance may be granted in the manner hereinafter set forth. In accordance with California Government Code Section 65906 and Chapter 11.53, Variance, no variance shall be granted for any sign prohibited by the provisions of this chapter.

i.    Before any sign variance is granted, the applicant shall show the existence, to the satisfaction of the body of such matter, that there are special circumstances applicable to the signing or the sign program of the property involved, such as size, shape, topography, location, or surroundings such that the strict application of this chapter deprives such property of privileges enjoyed by signs or sign programs on other property in the vicinity and under identical zoning classification.

ii.    Applications for a variance shall be filed (exclusive of the fees that may be required for the sign permit) according to Resolution No. 7668 (Schedule of Fees).

iii.    The director of community development shall review and make recommendations on the application prior to review by the city planning commission.

iv.    In reviewing the request for a variance, the city planning commission may consider, but is not restricted to, the following general criteria:

1.    Are the signs in proportion to the building they serve, i.e., do the height and size of the sign relate to the height and size of the building or are the two incompatible?

2.    The location of the sign on the premises. Is the location of the sign proper, i.e., does a sign or signs on surrounding parcels block the view of this sign; does a building or structure interfere with the viewing of this sign; do utility poles or lighting poles block the sign; and does the location of the sign interfere or confuse the readability of traffic control devices (signals)?

3.    Supportive units to signs shall present an uncluttered appearance.

b.    Administrative Plan. For a development subject to the administrative review and design review process, a proposed sign theme shall be included as part of the required administrative plan and design review applications. The sign theme shall provide the information indicated in this section for sign plans.

i.    Application fees for the sign theme shall be included as part of the total site plan fee, exclusive of fees associated with the sign permit and tag.

ii.    The director of community development shall review and make recommendations on the site plan application pertaining to signage only.

iii.    In reviewing the proposed sign theme, the city planning commission may consider, but is not restricted to, the following criteria:

1.    Are the signs in proportion to the building they serve, i.e., do the height and size of the sign relate to the height and size of the building or are the two incompatible?

2.    The location of the sign on the premises. Is the location of the sign proper, i.e., does a sign or signs on surrounding parcels block the view of this sign; does a building or structure interfere with the viewing of this sign; do utility poles or lighting poles block the sign; does the location of the sign interfere or confuse the readability of traffic control devices (signals)?

3.    Supportive units to signs shall present an uncluttered appearance.

4.    Any decision rendered by the city planning commission may be appealed to the city council. Such appeal must be submitted in writing to the city clerk no later than ten calendar days after the decision was rendered. The city clerk shall set the matter for hearing, as prescribed by Section 11.50.040, Appeals, by the city council on the earliest convenient date and notify the appellant in writing of said date.

5.    The applicant or his authorized representative should appear in person at the city council hearing. If no such appearance is made by the appellant or his authorized representative, and no continuance of said hearing has been requested, the appeal may be denied.

4.    For existing, nonconforming signs requesting approval under a planned sign design refer to Section 11.36.120.

(Ord. 2353 § 7 (part), 7-10-18)

1.    Nonconforming Signs. Any sign constructed or erected prior to the effective date of the ordinance codified in this chapter, which was lawful at the time of enactment of this chapter, shall either be removed or brought into conformity with the provisions of this chapter within the period of time prescribed in this section. All signs brought into conformity must obtain a sign permit and tag.

2.    All illegal signs shall be removed or made to conform to this chapter within thirty days, unless otherwise provided for in this section.

3.    These following restrictions shall be applicable to all existing signs unless otherwise approved by the planning commission through the planned sign design review process herein described. A nonconforming sign may not be:

a.    Changed or altered to another nonconforming sign, except that a change or alteration of the sign copy of one nonconforming pole sign shall not be deemed to be the change or alteration to another nonconforming sign and such a change or alteration of the sign copy of a nonconforming pole sign shall not be deemed to permit or constitute an extension of an amortization period for the sign, if same shall otherwise exist;

b.    Structurally altered so as to extend their useful life;

c.    Expanded;

d.    Reestablished after discontinuance for sixty days or more; or

e.    Repaired or reconstructed if damaged when the repair or reconstruction exceeds fifty percent of the reasonable replacement value of the existing sign or support structure unless they shall be made to conform to the requirements of this section. A legal nonconforming sign may be repaired or reconstructed if damaged when the repair is less than fifty percent of the reasonable replacement value of the existing sign or support structure.

Any changes to any sign or sign structure in terms of location, size or height, or the sale of a business which necessitate a change of copy will require that the sign be brought into immediate conformance with the provisions of sign ordinance to reflect a new desired message of one preexisting, nonconforming pole sign for each legally identifiable parcel shall not be deemed to require that the sign be brought into immediate conformance with the provisions of these regulations.

(Ord. 2353 § 7 (part), 7-10-18)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portions thereof. The city council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional.

(Ord. 2353 § 7 (part), 7-10-18)

Any person who causes, permits, allows, maintains, or suffers a violation of any provision of this chapter, or who fails to comply with any requirements of this chapter, is guilty of a misdemeanor offense.

(Ord. 2353 § 7 (part), 7-10-18)