Upland City Zoning Code
PART 3
General Regulations
§ 17.10.010 Purpose.
The purpose of this chapter is to provide general provisions that apply to all use and improvement of land.
§ 17.10.020 Use of Land.
A.
Use of Land. All new construction, building improvements, alterations or enlargements, and all new uses or occupancy of premises shall conform with the land use regulations of this title. No person shall design, erect, construct, establish, move into, alter, enlarge, or use, or cause, or permit to be erected, constructed, established, moved into, altered, enlarged or used, any building, structure, improvement, or use of premises in a manner that is contrary to the provisions of this title.
B.
Vacant Land. No vacant land shall be occupied or used in any manner until a permanent, primary use has been established in accordance with this title and authorized by a certificate of use and occupancy, unless a temporary use permit has been granted in accordance with Chapter 17.41 (Temporary, Use Permits and Film Permits).
C.
Order of Development. A primary structure shall be constructed on vacant land prior to the construction of any accessory structures.
D.
Buildings. No building shall be erected, moved, enlarged, altered, used, and/or changed in use until a zoning clearance and/or certificate of use and occupancy, as applicable, has been issued.
E.
Operation of Building. Any permitted use of a building shall only occur within the interior of the building. No business operations or storage may occur on the exterior of the building unless expressly permitted in accordance with the applicable regulations within this title.
F.
Emissions and Nuisances. No use shall cause the emission of any noise, odor, dust, mud, smoke, ash, steam, vapors, gases, vibration or other similar causes or forms of pollution that can cause damage to human health, vegetation, or other property.
G.
Mobile Homes and Recreational Vehicles. No mobile home or recreational vehicle shall be used as a place of human habitation for any period of time, except in regularly established mobile home or recreational vehicle parks.
H.
Public Utilities. The construction and installation of facilities related to the distribution of public utilities, including, but not limited to, water, electricity, gas, sewer, storm drain, telephone shall be exempt from the provisions of this title.
I.
Public Facilities. The construction and installation of facilities related to the provision of public services and amenities shall be subject to the provisions of the applicable zoning district in which the facility is located.
(Ord. 1910 § 3, 2016)
§ 17.10.030 Land Development.
A.
Existing Lots. Where an existing lot has a dimension or area less than that required in the zone in which it is located, the lot may be developed and occupied in accordance with the other regulations that apply to the zone.
B.
Subdivision of Land. The subdivision of land shall conform to the provisions contained in Title 16 (Subdivisions) of the Upland Municipal Code and the following provisions:
1.
Flag Lots. New subdivisions of land shall avoid the creation of flag lots.
2.
Subdivision Lot Area Averaging. A subdivision may be designed with lot areas reduced by not more than 10 percent from the minimum lot area standard; provided that the lot area average of the entire subdivision is not less than the minimum lot area standard for the applicable zoning district and further provided that not more than one-half of the total number of the lots shall be less than the minimum lot area standard for the applicable zoning district, and that the excess area created by the undersized lots shall be distributed among the remainder of the lots in an essentially uniform manner.
3.
Street Frontage. All lots shall face or abut a public street (no landlocked parcels).
§ 17.10.040 General Rules of Measurement.
A.
Responsibility. For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Development Services Director.
B.
Fractions. Whenever this title requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:
§ 17.10.050 Height Measurement and Exceptions.
A.
Height Measurement. The height of a structure shall be measured as the vertical distance from the average level of the highest and lowest point of the portion of finished grade covered by the structure to the highest point of the structure. See Figure 17.10-1 (Structure Height Measurement).
FIGURE 17.10-1 STRUCTURE HEIGHT MEASUREMENT  |
B.
Exceptions.
1.
Mechanical Accessories. Mechanical accessories, utility structures, and roof structures such as chimneys, vents, and antennas may project above the height limit so long as such features are the minimum height possible to operate and maintain the building. Mechanical accessories, utility structures, and non-roof structures shall be screened by architectural elements of the building (i.e., roof parapet, etc.).
2.
Architectural Features. Towers, gables, spires, and other similar architectural features may project, vertically, a maximum of 5 feet above the height limit if:
a.
The projecting feature covers an area 15 percent or less of the total building footprint. See Figure 17.10-2 (Exceptions to Height Limit).
b.
The area above the uppermost permitted floor of the projecting features is not habitable space.
c.
The feature does not interfere with Federal Aviation Regulations, Part 77, Objects Affecting Navigable Airspace.
FIGURE 17.10-2 EXCEPTIONS TO HEIGHT LIMIT  |
§ 17.10.060 Setback Requirements and Exceptions.
A.
Setback Measurement. Setbacks shall be measured as the distance between the property line and the nearest point of the structure along a line at a right angle to the property line. See Figure 17.10-3 (Setback Measurement). Setbacks shall be unobstructed from the ground to the sky, with exceptions described below, subject to compliance with the California Building Code.
FIGURE 17.10-3 SETBACK MEASUREMENT  |
B.
Reverse Corner Lots. The required side setback on the street side shall be the same as the required front setback of the abutting lot. This side setback may be not less than 15 feet. See Figure 17.10-4 (Reverse Corner Lots).
FIGURE 17.10-4 REVERSE CORNER LOTS  |
C.
Vision Triangles.
1.
In zones that require a front and side setback, all corner lots shall provide and maintain a clear vision triangle at the intersection of the streets' right-of-way for the purpose of traffic safety.
2.
The vision triangle shall be the area formed by measuring 25 feet along the front and side property lines from the point of intersection and diagonally connecting the ends of the two lines. See Figure 17.10-5 (Vision Triangle Measurement).
3.
The vision triangle at the intersection of a public street and a private accessway, except for single-family residential accessways, shall have sides of 15 feet along the accessway and 25 feet along the public street. See Figure 17.10-5 (Vision Triangle Measurement).
4.
A 10-foot feet vision triangle is required for all alleys and driveways. See Figure 17.10-5 (Vision Triangle Measurement).
5.
No structure, vehicle, object, or landscaping over 3 feet in height shall be placed within a vision triangle, except as allowed by paragraph 6 below.
6.
Trees pruned at least 8 feet above the established grade of the curb so as to provide clear view by motor vehicle drivers shall be permitted within a vision triangle.
D.
Exceptions. Building features may project into required setback areas as specified in Table 17.10-1 (Allowed Projections into Setback Areas), subject to the requirements of the Building Code.
TABLE 17.10-1 ALLOWED PROJECTIONS INTO SETBACK AREAS | ||||
|---|---|---|---|---|
Projecting Feature | Maximum Projection into Setback Area | Minimum Distance from Property Lines | ||
Front | Side | Rear | ||
Cornices, eaves, canopies, awnings and similar roof projections | 4 ft. | 2 ½ ft. | 4 ft. | 2 ft. from the interior side property line |
Bay windows, sills, fireplaces, and similar wall projections [1] [2] | 3 ft. | 2 ½ ft. | 4 ft. | 3 ft. from the interior side property line |
Entry porches, stairways, fire escapes, landing places, and similar entry features | 4 ft. | 2½ ft. | 6 ft. | 3 ft. from the side property line and 10 ft. from the front property line |
Ground-level decks 30 inches or less above grade | 0 ft. | No maximum | 3 ft. from the rear or interior side property lines | |
Balconies (open) | 6 ft. | 2.5 ft. | 6 ft. | 3 ft. from the interior side property line |
Notes: | |
[1] | Projecting bay window may not exceed 60 percent of the width of the wall in which it is located. |
[2] | Flat walls or projecting closets may not project into required setback areas. |
FIGURE 17.10-5 VISION TRIANGLE MEASUREMENT  |
§ 17.10.070 Determining Floor Area.
A.
Definition of Floor Area. The floor area of a building is the sum of the gross horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or the centerline of interior walls.
B.
Included in Floor Area. Floor area includes, but is not limited to, all habitable space (as defined in the California Building Code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions thereof or within lines drawn parallel to and 2 feet within the roof line of any building without walls. In the case of a multi-story building that has covered or enclosed stairways, stairwells or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.
C.
Excluded from Floor Area. Floor area does not include mechanical, electrical, and communication equipment rooms that do not exceed 2 percent of the building's gross floor area; bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater; and areas that qualify as usable open space.
§ 17.10.080 Determining Floor Area Ratio.
A.
Floor Area Measurements. Floor area ratio (FAR) is calculated as the entire floor area of all principal and accessory structures on a site, excluding the areas described below, divided by the total site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 10,000 square feet, and the site area is 20,000 square feet, the FAR is expressed as 0.5. See Figure 17.10-6 (Determining Floor Area Ratio).
FIGURE 17.10-6 DETERMINING FLOOR AREA RATIO  |
B.
Non-Residential Uses. For nonresidential uses, the FAR calculation shall include pedestrian access interior walkways or corridors, interior courtyards, walkways, paseos, or corridors covered by a roof or skylight.
C.
Excluded from Floor Area in Calculating FAR.
1.
Underground Areas. Floor area or parking areas below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is 5 feet or less.
2.
Parking. Areas used for off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles that are below the finish grade of the property.
3.
Open Areas. Arcades, porticoes, and similar open areas that are at or near street level and are accessible to the general public but are not designed or used as sales, display, storage, service, or production areas.
4.
Private Outdoor Areas. For non-residential uses, the FAR calculation shall not include patios, courtyards, and outside dining areas primarily utilized by a business or group of related businesses, its customers, or its employees, as opposed to the general public.
§ 17.10.090 Measuring Lot Width and Depth.
A.
Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 17.10-7 (Measuring Lot Width and Depth).
B.
Lot Depth. Lot depth is measured along a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line, or to the most distant point on any other lot line where there is no rear lot line. See Figure 17.10-7 (Measuring Lot Width and Depth).
FIGURE 17.10-7 MEASURING LOT WIDTH AND DEPTH  |
§ 17.10.100 Determining Lot Coverage.
A.
Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed in order to calculate lot coverage. See Figure 17.10-8 (Determining Lot Coverage).
B.
The following structures shall be excluded from the calculation:
1.
Unenclosed and unroofed decks, uncovered patio slabs, uncovered porches, landings, balconies and stairways that are less than 30 inches above grade at surface of deck (and less than 6 feet including railings).
2.
Eaves and roof overhangs projecting up to 2.5 feet from a wall.
FIGURE 17.10-8 DETERMINING LOT COVERAGE  |
3.
Swimming pools and spas that are not enclosed in roofed structures or decks.
4.
One small, non-habitable accessory structure 200 square feet or less. Additional structures shall be included in lot coverage.
§ 17.11.010 Purpose.
This chapter establishes standards for on-site and off-site vehicle parking, bicycle parking, parking for motorcycles, parking for persons with disabilities, freight loading areas, and related transportation infrastructure. These standards are intended to:
A.
Ensure a sufficient supply of parking and loading facilities for all land uses;
B.
Ensure a sufficient supply of parking facilities for bicycles, motorcycles, and the disabled;
C.
Grant reductions to the required number of parking when uses demonstrate a reduced need;
D.
Provide parking design standards to ensure adequate parking dimensions, access, screening, and landscaping; and
E.
Promote the use of alternative forms of transportation.
§ 17.11.020 Applicability.
A.
New Structures and Uses. All new structures and uses proposed or established after the effective date of the Zoning Ordinance shall comply with the standards in this chapter.
B.
Existing Structures and Uses. When a building existing at the time of the effective date of the Zoning Ordinance is enlarged or where the use is intensified, including by a change in use, the addition of floor space, seating capacity, or seats, additional on-site parking shall be provided to meet the standards in this chapter.
§ 17.11.030 On-Site Vehicle Parking Requirements.
A.
Parking Spaces Required. All land uses shall provide on-site parking as required in Table 17.11-1 (On-Site Parking Requirements).
TABLE 17.11-1 ON-SITE PARKING REQUIREMENTS | |
|---|---|
Land Use | Required Number of Spaces [1] |
Residential Uses | |
Boarding House | 1 per two beds |
Duplex Home | 2 per unit |
Elderly and Long-Term Care | 1 for each 3 beds the facility is licensed to accommodate |
Emergency Shelters | 1 per 300 square feet of habitable floor area, or sufficient to serve the parking demand determined in a parking study |
Family Day Care | |
Small (6 or fewer) | 2 within a garage |
Large (7–12) | 1 for the single-family dwelling plus 1.5 per 1,000 sq. ft. |
Guest House | 1 or 2 bedrooms: 1 per unit; 3 or more bedrooms: 2 per unit |
Live/Work Units | 1.5 for up to 2,500 sq. ft. of floor area; plus 0.5 additional for every additional 500 sq. ft., or fraction thereof, of floor area above the first 2,500 sq. ft. |
Mobile Home/Manufactured Home | 2 for each mobile home (tandem parking allowed in an attached carport); plus 1 guest space for every 5 mobile homes [senior mobile-home parks are allowed parking concessions per Chapter 17.17 (Density Bonus Program)] |
Multi-family Residential | Studio and 1 bedroom units: 1 for each unit in a garage; 2 bedroom: 2 for each unit in a garage; 3 or more bedrooms: 2.5 for each unit, including 2 in garage; Guest parking: 3-50 units: 1 per 4 units; 51-100 units: 1 per 5 units; 100 + units: 1 per 6 units |
Residential Care Facilities | |
Small (6 or fewer) | 2 within a garage |
Large (7 or more) | 2 within a garage; plus 1 per 300 sq. ft. of office and other non-residential areas |
Second Dwelling Unit | 1 space in addition to that required for a single-family unit |
Senior Citizen Housing | 1 for each unit with half the spaces covered, plus 1 guest parking space for each 10 units |
Single-Room Occupancy Units | 1 per unit plus 1 guest space for every 3 units |
Single-Family Dwelling | 2 within a garage |
Skilled Nursing Facilities | 1 per 3 beds |
Supportive and Transitional Housing | |
Small (6 or fewer persons in a dwelling unit) | 2 per dwelling |
Large (7 or more persons in a dwelling unit) | 1 per 3 beds; plus 1 per 300 sq. ft. of office and other non-residential areas |
Community Uses | |
Airport or Aircraft Land Field | 2 per 1,000 sq. ft. of floor area of enclosed passenger terminal area |
Cemeteries | 1 per 60 sq. ft. of assembly area |
Community Assembly | 1 per 300 sq. ft. of floor area |
Correctional Institutions and Facilities | As determined by a parking needs assessment |
Cultural and Religious Facilities and Institutions | 1 per 4 fixed seats, or 1 per 60 sq. ft. of assembly area for uses without fixed seats, or 1 per 500 sq. ft. of non-assembly area |
Child Care/Day Care Centers | 1 per 350 sq. ft. of floor area |
Post-Secondary Educational Institution or Trade Schools | 1 per 35 sq. ft. of instructional area (GFA) |
Equestrian Establishments | 1 per 300 sq. ft. within stable; plus 1 per 3 animal stalls |
Emergency Shelters | 1 per 8 beds; plus 1 per 300 sq. ft. of office or other non-residential area |
Funeral Homes/Mortuaries | 1 per 5 fixed seats or 54 ft. of bench seating; or 1 per 35 sq. ft. of assembly area where there are no fixed seats |
Golf Courses and County Clubs | 1 per hole; plus 1 per 300 sq. ft. of office or other non-residential area |
Hospital | 1 for each patient bed the facility is licensed to accommodate; plus 1 for each 400 sq. ft. of office area; plus required spaces for accessory uses as determined by the Development Services Director |
Libraries | 1 for each 500 sq. ft., plus 1 for each official vehicle |
Office, Governmental | 1 for each 500 sq. ft. |
Parks and Playgrounds | |
Neighborhood Park (less than 3 acres) | 3 for the first acre of park area; plus 2 for each additional acre |
Community Park (greater than 3 acres) | 5 per acre; plus additional spaces per each major facility |
Athletic Field | 5 to 8 per acre depending on spectator seating accommodations |
Swimming Pool (indoor and outdoor) | 1 for each 100 sq. ft. of swimming pool area |
Picnic Area | 1 per picnic table; or 3 for 1 acre of picnic area |
Botanical or Horticultural Displays | 1 per 300 sq. ft. of office area |
Public Safety Facilities | 1 per 1,000 sq. ft.; plus 2 additional for station vehicles |
Private Educational Institutions (K–12) | 1 per classroom; plus 1 per 5 fixed seats in auditorium, gymnasium, or similar public assembly facility; or 1 per 35 sq. ft. GFA of assembly area where there are no fixed seats. For private high schools: 1 per classroom; plus 1 per 5 students based on maximum student capacity. |
Commercial Uses | |
Adult Businesses | 1 per 50 sq. ft. |
Animal Care, Sales, and Services | 1 per 300 sq. ft., with a minimum of 4 spaces |
Art Gallery | 1 for each 500 sq. ft. |
Automobile/Vehicle Sales and Services | |
Automobile Broker/Wholesaler | 2 per 1,000 sq. ft. |
Automobile Repair, Automobile Accessory/Equipment Installations | 2 per 1,000 sq. ft. |
Automobile Rental | 1 per 600 sq. ft. of show room floor area |
Automobile Service Station, Smoke Check Testing | 1 for each 250 sq. ft. |
Automobile Storage Lots/Towing and Impound | 2 per 1,000 sq. ft. |
Automobile/Vehicle Sales and Leasing | 1 per 600 sq. ft. of show room floor area |
Automobile/Vehicle Washing (full service) | 10 spaces or 3 times internal washing capacity, whichever is greater; plus additional parking required for drying or vacuum areas; plus 100 lineal ft. for stacking |
Automobile/Vehicle Washing (self service) | 4 spaces, plus additional parking for drying/vacuum areas; plus 20 ft. in front of each bay for stacking |
Banks and Financial Institutions | 1 for each 300 sq. ft. |
Bicycle Rental, Sales and Repair | 2 per 1,000 sq. ft. |
Dry Cleaners | |
Drop-off | 1 per 250 sq. ft., minimum of 4 |
Processing | 2 per 1,000 sq. ft. |
Eating and Drinking Establishments | |
Bars/Nightclubs/Lounges | 1 per 300 sq. ft. |
Restaurants, Full-Service, Limited-Service, Take-out | 1 per 100 sq. ft. |
Restaurants, with Drive-Through Facilities | 1 per 200 sq. ft. |
Restaurants, with Live Entertainment/Dancing | 1 per 200 sq. ft. |
With Outdoor Eating Areas | Greater of 1 per 200 sq. ft. of outdoor seating area or 1 for every 3 seats |
Food and Beverage Sales | |
Bakery | 1 per 200 sq. ft. |
Catering Businesses | 1 per 300 sq. ft. |
General Market/Convenience Store (less than 10,000 sq. ft.) | 1 per 200 sq. ft. |
Supermarket (10,000 sq. ft. or more) | 1 per 200 sq. ft. |
Fire Arms Clubs and Establishments | 1 per target area or as determined by a parking demand study |
Health/Fitness Facility | 1 per 100 sq. ft. |
Live Performance | 1 per 50 sq. ft. |
Lodging | |
Bed and Breakfast | 2 for owner/manager; plus 1 additional for each guest room |
Hotels and Motels | 1 for every 2 guest rooms for the first 40 guest rooms, and 1 for every 4 guest rooms over the initial 40 guest rooms |
Movie Theater | 1 per 5 seats |
Nursery (wholesale, retail) | 1 per 300 sq. ft. of enclosed retail; plus 1 per 1,000 sq. ft. of outdoor display/storage area |
Outdoor Storage | 1 per 2,000 sq. ft.; plus one per 350 sq. ft. of office area |
Personal Services, Massage Therapy, Psychics, Pawn Shops, Tattoo Parlors | 1 for each 250 sq. ft. |
Public Storage | 1 per 100 storage units or 5 spaces, whichever is greater |
Recreational Vehicle Storage and Parking | 2 per 1,000 sq. ft. |
Recycling Facilities | 1 per 1,000 sq. ft. of floor area |
Retail Stores, General Merchandise | 1 for each 250 sq. ft.; plus 1 for each 600 sq. ft. of storage area, and 1 for each company vehicle; plus 1 for each 1,000 sq. ft. of outdoor display area. |
Secondhand Goods Store | 3 per 1,000 sq. ft. |
Senior Housing | 1 for each unit, with half the spaces covered; plus 1 guest parking space for each 10 units. |
Smoke Lounge/Tobacco Shop/E-Vape/Hookah | 1 for each 300 sq. ft. of service area |
Swap Meetings and Flea Markets | 1 per 250 sq. ft. of affected land area |
Warehousing | 1 per 1,000 sq. ft. of warehouse area, plus 1 per 300 sq. ft. of office use |
Office/Professional Uses | |
Business Support Services | 3 per 1,000 sq. ft. |
Office | 1 for each 400 sq. ft. |
Medical or Dental Laboratory | 1 for each 300 sq. ft. |
Medical or Dental Office | 1 per 250 sq. ft., with a minimum of 4 spaces |
Urgent Care Facility | 1 per 150 sq. ft. |
Mixed Use | |
Studio and One-Bedroom Units | 1 per unit; plus 0.25 guest spaces per unit |
Two or More Bedrooms | 1.5 spaces per unit; plus 0.25 guest spaces per unit |
Office | 1 per 450 sq. ft. |
Commercial | 1 per 400 sq. ft. |
Restaurant | 1 per 250 sq. ft. |
Industrial | 2 per 1,000 sq. ft. for the first 25,000 sq. ft.; 1.5 per 1,000 sq. ft. for portion of building 25,000—50,000 sq. ft.; 1.25 per 1,000 sq. ft. for portion of building greater than 50,000 sq. ft. |
Agricultural/Natural Resource And Industrial Uses | |
Industrial | |
Light Industrial | 1 per 500 sq. ft. of industrial/manufacturing area |
Heavy Industrial (general manufacturing, industrial and processing uses) | 2 for each 1,000 sq. ft. for the first 25,000 sq. ft., and 1 for each 1,000 sq. ft. thereafter. Up to 20% of accessory office uses shall be permitted at this ratio. The parking requirements for additional office space shall be calculated separately. |
Development of Natural Resources/Surface Mining and Reclamation/Processing | 1 per 1,000 sq. ft. of floor area for all habitable buildings associated with the use, and 3 per 1,000 sq. ft. of the remaining area |
Animal Grazing, Beekeeping, Crop Cultivation | 1 per 1,000 sq. ft. of floor area for all habitable buildings associated with the use |
Telecommunication and Utilities | |
Telecommunication Facilities | 1 per 350 sq. ft. of floor area for habitable buildings |
Utilities | 3 per 1,000 sq. ft. of office area; plus 1 per vehicle required to service each facility |
Note: | |
[1] | All square footages shall be gross square footage. |
B.
Compact Parking Stalls. In parking areas or garages containing 10 or more spaces for other than dwelling uses, up to 40%of the total required parking spaces and 100% of the non-required parking spaces may be compact. For dwelling uses, all parking stalls in excess of two stalls per unit may be compact. Required guest parking spaces may also be compact spaces.
C.
Tandem Parking (Vertical or Horizontal). Tandem parking may be may be allowed for multi-family projects and the residential component of mixed-use projects subject to the following requirements and Section 17.11.090 of this chapter.
1.
Up to 30 percent of the total off-street parking spaces provided may incorporate tandem parking. For projects utilizing the density bonus provisions of Chapter 17.17 (Density Bonus), up to 50 percent of the required parking spaces may be accommodated by either vertical or horizontal tandem parking as defined in Part 7 (Definitions: Tandem Parking).
2.
Both tandem spaces shall be assigned to the same dwelling unit.
D.
Carports. Carport parking spaces shall only be allowed for non-required parking spaces.
E.
Guest Parking Spaces (Residential). Residential guest parking spaces may be covered or uncovered.
F.
Unlisted Uses.
1.
The Development Services Director shall determine on-site parking requirements for uses not listed in Table 17.11-1 (On-Site Parking Requirements).
2.
On-site parking requirements for unlisted uses shall be based on the parking requirements of similar uses in Table 17.11-1 (On-Site Parking Requirements).
3.
The Development Services Director may require the preparation of a parking demand study by a qualified, licensed traffic engineer approved by the City to determine the parking requirement for unlisted uses.
G.
Unknown Uses (Non-Residential).
H.
Multiple Uses. If more than one use is located on a site, the number of required on-site parking spaces and loading spaces shall be equal to the sum of the requirements calculated separately for each use unless a reduction is approved pursuant to Subsection J (Parking Reductions).
I.
Mixed-Use Development. The required numbers of on-site parking spaces for mixed-use districts are stated in Table 17.11-1 (On-Site Parking Requirements). Additional parking reductions may also be granted through the provision of shared parking facilities pursuant to Subsection J (Parking Reductions).
J.
Parking Reductions. The review authority shall grant a reduction in required parking as specified in Table 17.11-1 (On-Site Parking Requirements) when the following conditions exist:
1.
Shared Parking. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced, if the review authority finds that:
a.
The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;
b.
The proposed shared parking provided will be adequate to serve each use;
c.
A parking demand study prepared by an independent traffic engineering professional approved by the City supports the proposed reduction; and
d.
In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared consistent with the provisions of off-site parking facilities.
K.
Parking Study. The Development Services Director may require a parking demand study if, in his or her opinion, the proposed development does not provide adequately for on-site parking needs, may adversely affect off-site traffic patterns, or is unique and does not fall within the identified parking requirements. The parking study shall be processed in conjunction with the applicable development application.
1.
Low Demand. The number of parking spaces may be reduced if the use will not utilize the required number of spaces due to the nature of the specific use, as demonstrated by a parking demand study prepared by a qualified, licensed traffic engineer approved by the Development Services Director.
2.
Transportation Management Plan. The number of required parking spaces may be decreased by up to 20 percent, subject to Planning Commission approval of an alternate commute mode awareness plan.
L.
Transit Accessibility. For any land use except single-unit and duplex development, if any portion of the lot is located within ¼ mile of a transit stop with regular, scheduled service during the weekday hours of 7:00 a.m. to 9:00 a.m. and 5:00 p.m. to 7:00 p.m., the number of required parking spaces may be reduced by 20 percent of the normally required number of spaces. This parking reduction does not apply in the mixed-use districts because parking requirements for these districts already reflect transit accessibility.
§ 17.11.040 Parking for Motorcycles.
A.
Parking Spaces Required. The minimum number of motorcycle parking areas shall be provided as shown in Table 17.11-2 (Motorcycle Parking Requirements). One motorcycle parking area may count towards fulfilling the requirement for one automobile parking space.
TABLE 17.11-2 MOTORCYCLE PARKING REQUIREMENTS | |
|---|---|
Number of Automobile Spaces Required | Number of Motorcycle Parking Areas Required |
1–25 spaces | None required |
26–100 spaces | One area |
Over 100 spaces | One area for each additional 100 automobile spaces or portion thereof |
B.
Size. A motorcycle parking space shall be a minimum of 56 square feet in area and measure a minimum 8 feet in its longest dimension.
C.
Location. All motorcycle spaces shall have bollards installed and appropriately spaced to prevent automobile usage. Motorcycle spaces shall be clearly marked.
D.
Paving. Motorcycle parking areas shall be paved with concrete to prevent damage from motorcycle kick and center stands.
§ 17.11.050 Parking for Persons with Disabilities.
A.
Parking Spaces Required. The number of parking spaces for the disabled shall be as required by the California Building Code, the Federal Accessibility Guidelines, and the California Code of Regulations (Title 24, Part 2, Chapter 2-71). Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Table 17.11-1 (On-Site Parking Requirements).
B.
Accessibility. Parking facilities shall be properly designed, constructed, and maintained to provide for access by the physically disabled from public rights-of-way, across intervening parking spaces, and into structures.
§ 17.11.060 Bicycle Parking.
A.
Short-Term Bicycle Parking. Short-term bicycle parking shall be provided in order to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a short time.
1.
Parking Spaces Required. For the following uses, the number of short-term bicycle parking spaces shall be at least 10 percent of the number of required automobile parking spaces:
2.
Location. Bicycle parking shall be outside of the public right-of-way and pedestrian walkways, in highly visible locations, and within 50 feet of a main entrance to the building it serves. See Figure 17.11-1 (Short Term Bicycle Parking Location).
3.
Separation. Bicycle and automobile parking areas shall be separated from one another by a physical barrier or sufficient distance to protect bicycles and their riders from damage.
4.
Paving. All bicycle parking and storage areas shall be paved with asphalt, concrete, or other all-weather surface.
5.
Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such object may serve multiple bicycle parking spaces.
FIGURE 17.11-1 SHORT-TERM BICYCLE PARKING LOCATION  |
6.
Size and Accessibility. Each short-term bicycle parking space shall be a minimum of 2 feet in width and 6 feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least 6 feet from vehicle parking spaces. See Figure 17.11-1 (Short Term Bicycle Parking Location).
B.
Long-Term Bicycle Parking. Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.
1.
Parking Spaces Required.
a.
Residential Uses. A minimum of one long-term bicycle parking space shall be provided for every five units for multi-family residential projects.
b.
Other Uses. Any establishment with 25 or more full-time equivalent employees shall provide long-term bicycle parking at a minimum ratio of one space per 20 vehicle spaces.
c.
Parking Structures. Long-term bicycle parking shall be provided at a minimum ratio of one space per 50 vehicle spaces.
2.
Location. Long-term bicycle parking shall be located on the same lot as the use it serves. In parking garages, long-term bicycle parking shall be located near an entrance to the facility.
3.
Covered Spaces. At least 50 percent of required long-term bicycle parking shall be covered. Covered parking can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.
4.
Security. Long-term bicycle parking must be in:
5.
Size and Accessibility. Each bicycle parking space shall be a minimum of 2 feet in width and 6 feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least 5 feet from vehicle parking spaces. See Figure 17.11-1 (Short-Term Bicycle Parking Location)
§ 17.11.070 On-Site Loading Requirements.
A.
General Requirements.
1.
On-site freight and equipment loading spaces shall be provided for all commercial, office, and industrial land uses.
2.
The minimum numbers of loading spaces are shown in Table 17.11-3 (Required Loading Spaces).
TABLE 17.11-3 REQUIRED LOADING SPACES | ||
|---|---|---|
Land Use | Total Gross Floor Area | Required Loading Spaces |
Commercial | Less than 10,000 sq. ft. | n/a |
10,000 sq. ft. to 30,000 sq. ft. | 1 | |
30,000 sq. ft. to 50,000 sq. ft. | 2 | |
50,000 sq. ft. to 75,000 sq. ft. | 3 | |
More than 75,000 sq. ft. | 4 | |
Industrial | Less than 20,000 sq. ft. | 1 |
More than 20,000 sq. ft. | 2 | |
3.
Industrial developments with two or more dock-high loading spaces shall provide one trailer parking/waiting space, 12 feet wide by 45 feet long minimum, for each two loading spaces.
B.
Dimensions.
1.
Each loading space shall have minimum dimensions of 12 feet wide, 40 feet long, and 14 feet in vertical clearance.
2.
Deviations from the minimum maneuvering standards may be approved by the Development Services Director if the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific business.
C.
Location.
1.
Loading areas shall be designed to ensure that loading and unloading takes place on-site and in no case within adjacent public right-of ways.
2.
Loading and maneuvering areas shall not encroach into required employee or visitor parking areas or other areas on-site required for vehicle circulation.
3.
Loading and maneuvering areas shall not encroach into required front yard setback.
4.
Where loading docks or doors face a private street or main drive aisle serving three or more units, loading doors and openings shall be positioned such that they do not face the private street or drive aisle.
D.
Striping and Identification. Loading areas shall be striped and clearly identified for loading purposes only.
E.
Wheel Stops and Curbs. Loading areas contiguous with planter areas shall have a 6-inch raised curb separation.
§ 17.11.080 Off-Site Parking.
The City may approve off-site parking to satisfy on-site parking requirements pursuant to the following conditions:
A.
Location. Off-site parking shall be located within 200 feet measured from the primary entrances of the buildings it is intended to serve to the off-site parking site.
B.
Identification of Facility. The parking facility shall be clearly marked and conspicuously identified as the exclusive or shared parking for the sites it serves.
C.
Parking Agreement. A parking agreement, which guarantees the long-term availability of the parking facility for the use it is intended to serve, shall be recorded with the County Recorder's Office. The agreement shall be in a form approved by the City Attorney and the Development Services Director.
D.
Loss of Off-Site Parking.
1.
Notification of City. The owner or operator of a business that uses an approved off-site parking facility to satisfy the parking requirements of this chapter shall immediately notify the Development Services Director of any change of ownership or use of the property where the spaces are located, or changes in the use that the spaces are intended to serve, or of any termination or default of the agreement between the parties.
2.
Effect of Termination of Agreement. Upon notification that the agreement for the required off-site parking has terminated, the Development Services Director shall establish a reasonable time in which one of the following shall occur:
§ 17.11.090 General Requirements.
A.
Availability and Use of Spaces.
1.
Required parking spaces shall be permanently available and maintained for parking purposes for the use (or uses) they are intended to serve.
2.
Owners, lessees, tenants, or persons having control of the operation of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.
3.
Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the Zoning Ordinance. The storage or parking of inoperative motor vehicles for more than 72 hours shall be within an enclosed garage.
4.
Areas required to meet applicable parking requirements may not be used for any other purpose.
§ 17.11.100 Parking Location and Design Standards.
A.
Parking Lot Dimensions.
1.
Standard open parking stall spaces shall be 9 feet wide by 19 feet long.
2.
Angled and parallel parking spaces and parking lot aisles shall comply with the dimensions in Table 17.11-4 (Minimum Angled and Parallel Parking Stall Dimensions) and Figure 17.11-2 (Parking Dimension Standards).
TABLE 17.11-4 MINIMUM ANGLED AND PARALLEL PARKING STALL DIMENSIONS | |||
|---|---|---|---|
Angle | Stall Width | Stall Depth | Aisle Width |
90° | 9 ft. | 19 ft. | 25 ft. |
60° | 9 ft. | 19 ft. | 18 ft. |
45° | 9 ft. | 19 ft. | 13 ft. |
30° | 9 ft. | 19 ft. | 11 ft. |
0° (parallel) | 8 ft. | 22 ft. | 11 ft. |
3.
Compact parking spaces shall be a minimum of 8 feet wide by 16 feet long and reasonably dispersed throughout the parking area.
FIGURE 17.11-2 PARKING DIMENSION STANDARDS  |
B.
Residential Garage Dimensions.
1.
Single-car garage: 10 feet in width by 20 feet in length.
2.
Two-car garage: 20 feet in width by 20 feet in length.
3.
Horizontal tandem garage:10 feet in width by 40 feet in length.
4.
Vertical tandem garage: 10 feet in width by 20 feet in length.
5.
For each additional parking space within a garage, the dimension shall increase by 10 feet in width for required parking spaces, or 8 feet in width for non-required parking spaces.
6.
The width of any garage door shall be at least 8 feet for a single space and at least 16 feet for 2 spaces.
C.
Surfacing and Markings.
1.
All parking areas shall be surfaced with a dust-minimizing treatment or paved with asphalt, concrete, or other all-weather surface.
2.
Permeable paving materials such as porous concrete/asphalt, open-jointed pavers, and turf/gravel grids are permitted surface material, and should be encouraged.
3.
The use of light colored materials to help reduce surface temperatures is encouraged.
4.
Parking stalls, including compact stalls, shall be marked and access lanes clearly defined, including directional arrows to guide internal movement.
5.
Within multiple-family residential developments, required guest parking spaces shall be clearly marked with the word "Guest" either on the wheel stop or curb at the back of each space, or the pavement at the opening of the space.
D.
Access to Right-of-Way. Any parking lot or loading facility with vehicular access to a public right-of-way shall meet the following standards:
1.
All parking areas shall provide suitable maneuvering room so that all vehicles may enter and exit an abutting street in a forward direction.
2.
Joint access ways serving adjacent uses shall be provided wherever possible as a means to minimize curb cuts and avoid breaks in the continuity of street frontages.
3.
The maximum allowed width for a non-residential curb cut shall be 35 feet.
4.
All driveways or aisles shall be at least 12 feet wide for one-way traffic and 20 feet wide for two-way traffic.
E.
Drainage. Drainage for all parking areas shall comply with the requirements of the Department of Public Works.
F.
Maintenance. All parking facilities shall be permanently maintained free of weeds, litter, and debris.
G.
Circulation. All parking areas shall provide safe and convenient circulation for pedestrians, bicyclists, and motorists.
1.
Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.
2.
Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety.
3.
Parking lots shall be designed so that service vehicles can access loading areas/building and circulate within the parking lot while avoiding dangerous or hazardous turning movements.
H.
Lighting. All outdoor lighting used to illuminate parking areas shall comply with the requirements of Chapter 17.14 (Outdoor Lighting).
I.
Landscaping. All parking areas shall comply with the landscaping requirements of Chapter 17.12 (Landscaping) in addition to the standards within this section.
1.
Perimeter Parking.
a.
When a parking lot is located adjacent to a public or private street, or a main drive aisle that functions as a street, a 10-foot landscaped strip shall be provided between the parking area and the street or drive aisle.
b.
The landscape strip may not contain any paved surfaces, except for pedestrian walkways or vehicular driveways that cross the strip.
2.
Parking Abutting a Residential Use or Zone.
3.
Parking Lot Landscaping.
a.
Within parking lots, landscaping shall be provided as specified by Table 17-11-5 (Residential/Commercial/Industrial Interior Parking Lot Landscape Requirements). For the purposes of this section, parking lot landscaping is defined as any landscaped area surrounded on at least two sides by parking spaces or drive aisles, excluding those areas around the site or structure perimeter.
TABLE 17-11-5 RESIDENTIAL/COMMERCIAL/INDUSTRIAL INTERIOR PARKING LOT LANDSCAPE REQUIREMENTS | |
|---|---|
Total Area of Site (Project) | Percent of Surface Parking Lot to Be Landscaped |
Less than 1 acre | 5% |
1 to 3 acres | 10% |
More than 3 acres | 15% |
4.
Landscape Islands.
a.
All rows of parking spaces shall feature landscape islands at each row terminus to protect parked vehicles, ensure visibility, confine moving traffic to drive aisles and driveways, and provide space for landscaping.
b.
Landscape islands shall be provided within each row of parking spaces so as to prevent more than ten vehicles from being parked side-by-side in an abutting configuration.
c.
An island for a single row of parking spaces shall contain at least one tree and vegetative groundcover or turf.
d.
An island for a double row of parking spaces shall contain at least two trees and vegetative groundcover or turf.
5.
Concrete Curbs.
a.
All landscape areas within parking lots shall be separated from parking spaces, drive aisles, and driveways by a continuous, raised concrete curb to protect landscaped areas from encroachment by vehicular traffic.
b.
The concrete curb shall be a minimum of 6 inches high by 6 inches wide, except where a landscape area is parallel and adjacent to a parking stall, the curb shall be a minimum of 6 inches high by 12 inches wide to provide an area for persons to step when entering or exiting a motor vehicle.
6.
Shade Trees.
a.
Shade trees shall be provided within parking lots so that within 10 years of planting 50 percent of the parking area is shaded at the summer solstice (June 21).
b.
At least one tree shall be provided for every four parking spaces, with the maximum spacing between trees or clusters of trees not to exceed 30 feet.
7.
Permanent Landscaped Areas. All areas not used for driveways, maneuvering areas, parking spaces, or walks within a parking area shall be permanently landscaped with suitable materials and permanently maintained.
8.
Rainwater Management. Rainwater shall be managed on-site with designs that encourage infiltration, evapotranspiration, and water re-use by:
a.
Utilizing permeable paving for parking spaces, drive aisles, overflow parking, and other hard surfaces in the parking lot;
b.
Planting trees, shrubs, and other permeable landscaping throughout the parking lot to provide shade and places for water infiltration;
c.
Creating bio-retention areas, such as swales, vegetated islands and overflow ponds; and
d.
Incorporating opportunities to harvest rainwater (active or passive) from rooftops and other hard surfaces for landscape irrigation.
9.
Solar Panel Exemptions. Parking lots that incorporate solar panels into the parking lot design are eligible for reduced parking lot landscaping requirements with the approval of the Development Services Director.
J.
Pedestrian Access.
1.
Commercial and office developments with more than 100 parking spaces shall include pedestrian walkways at a minimum width of 4 feet connecting the furthest distance of the parking area to the building that it serves.
2.
Pedestrian walkways shall be clearly visible and distinguished from parking spaces and areas for vehicle circulation through striping, use of alternative paving materials, or other method as approved by the Development Services Director.
L.
Passenger Loading Areas.
1.
Passenger loading areas shall be provided for any building or building complex that will generate 100 or more employees at maximum occupancy. Such areas shall be located convenient to the primary employee entrances and shall be designated either by signs or painted pavement.
2.
Passenger loading areas shall be designed so that vehicles can safely stop and discharge passengers.
M.
Screening. Within commercial and industrial zones, parking areas that abut residentially zoned property shall be screened by a row of densely planted evergreen trees or similar landscaping.
§ 17.12.010 Purpose.
A.
This chapter is established to provide minimum standards for landscape and irrigation, within public and private developments, that serve to promote both efficient use of water in landscaping and water conservation.
B.
The provisions of this chapter are believed to be at least as effective in conserving water as the California State Department of Water Resources' model ordinance adopted pursuant to Government Code Section 65595.
C.
This chapter shall apply to each of the zones throughout the city and in public and private residential and nonresidential projects, including single-family residences, single-family residential subdivisions, private and common areas of planned residential developments, multiple-family developments, commercial developments, industrial development, and institutional developments, and parks and open space, and other nonresidential projects.
§ 17.12.020 Applicability.
A.
The provisions of this chapter shall apply to all of the following landscape projects:
B.
Existing residential and nonresidential landscapes with a total net landscape area equal to or greater than one acre with a dedicated or mixed water meter are limited to calculating the maximum annual applied water allowance in accordance with Section 17.12.100.
C.
This chapter shall not apply to:
1.
New construction of landscapes which are homeowner-installed residential projects with a total project net landscape area less than 5,000 square feet;
2.
Rehabilitation projects for homeowner-installed residential projects of any size;
3.
Ecological restoration projects that do not require a permanent irrigation system; and
4.
Mined-land reclamation projects that do not require a permanent irrigation system.
§ 17.12.030 Water Efficient Project Requirements.
A.
General Submittal Requirements.
1.
Applicants for projects that are subject to the water efficiency requirements of this chapter in accordance with Section 17.12.020 shall submit complete landscaping and irrigation plans prepared by a licensed landscape architect for review and approval prior to the issuance of construction permits.
2.
Applicants for homeowner-installed landscapes at single-family residences shall submit complete landscaping and irrigation plans, which may be prepared by a licensed landscape architect, landscape professional, or self-prepared, for review and approval prior to the issuance of construction permits.
3.
Applicants for projects that require other discretionary approvals shall submit conceptual landscaping plans for design review in accordance with Chapter 17.44 and in conjunction with the other discretionary applications, and the submittal and approval of landscape and irrigation construction plans shall be required as a condition of approval.
4.
Applicants for projects that do not require discretionary approvals, the applicant shall submit landscape and irrigation construction plans as a ministerial application that demonstrate conformance with the requirements set forth in this chapter.
B.
Conceptual Landscape Plan. Conceptual landscape plans shall be submitted in conjunction with other discretionary applications and shall include:
1.
A design statement indicating that the annual applied water use will not exceed the maximum annual applied water allowance;
2.
The estimated total annual applied water use (ETWU) and the maximum annual applied water allowance (MAWA) calculation for the project;
3.
A description of any existing plant material to be retained or removed;
4.
A plan showing the planting areas and hydrozones, plant species and spacing, natural features, water features and all paved areas;
5.
A legend listing the plant name (botanical and common) and total quantities by container size and species;
6.
Identification of amenities, boulders, pools, fountains, and other features;
7.
Identification of headers and curbs;
8.
Calculation of paved areas, including parking areas;
9.
Calculation of required parking lot and site landscape areas;
10.
Calculation of total on-site landscape in square feet and by percentage of lot;
11.
If available or required for the project, an approved grading plan shall be submitted for reference.
C.
Landscape and Irrigation Construction Plans. All landscape construction plan submittals shall include a planting and soils plan and irrigation and water management plan, including detailed project notes and legends necessary and sufficient for a complete landscape plan review by the city.
1.
Planting and Soils Plan.
a.
A description of any existing plant material to be retained or removed;
b.
A plan showing the planting areas and hydrozones, plant species and spacing, natural features, water features and all paved areas;
c.
A legend listing the plant name (botanical and common) and total quantities by container size and species;
d.
A description of the seed mixes with application rates;
e.
Identification of amenities, boulders, pools, fountains, and other features;
f.
Identification of headers and curbs;
g.
Calculation of paved areas, including parking areas;
h.
Calculation of required parking lot and site landscape areas;
i.
Calculation of total on-site landscape in square feet and by percentage of lot;
j.
Soil test results and recommendations;
k.
If available or required for the project, an approved grading plan shall be submitted for reference.
2.
Irrigation and Water Management Plan.
a.
A plan showing the location, installation details, specifications, and water efficiency status of all irrigation components, including, but not limited to, control valves, irrigation heads, irrigation head radius and gallons per minute (GPM), line sizes and pipe schedules, hose bibs or quick coupler valves, irrigation controllers, backflow devices, and power supply;
b.
Pressure calculations;
c.
The estimated total water use (ETWU) and the maximum annual applied water allowance (MAWA) calculation for the project;
d.
A design statement indicating that the estimated annual applied water use will not exceed the maximum annual applied water allowance;
e.
Water conservation methods to be applied;
f.
Seasonal irrigation water schedules or procedures for programming of proposed controllers;
g.
Identification of the party(ies) responsible for implementation of water management;
h.
Maintenance schedule for the ongoing operation and maintenance of the irrigation system
§ 17.12.040 Water Efficient Design Standards.
Conceptual and construction landscape and irrigation plans that are subject to the water efficiency requirements in this chapter in accordance with Section 17.12.020 shall adhere to the following design standards:
A.
Any plant may be used in the landscape, providing the estimated annual applied water use does not exceed the maximum annual applied water allowance (i.e., water budget) and the design of landscaped area meets the following requirements:
1.
Plants having similar water needs shall be grouped together in distinct hydrozones;
2.
Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site;
3.
A combination of trees, shrubs, and groundcovers shall be used to create a varied and visually interesting landscape;
4.
Large expanses of uninterrupted hardscape, such as decomposed granite, gravel, and similar materials, shall be avoided.
B.
Re-circulating water features shall be used for decorative water features. Where available, recycled water shall be used as the source for water features, excluding swimming pools and spas.
C.
The surface area of a water feature will be included in the maximum annual applied water allowance calculation with the evaporation rate equivalent to that of a high water use plant.
D.
Automatic irrigation systems shall be used to provide adequate water coverage for all landscaped areas that are subject to this chapter. All irrigation systems shall incorporate water efficient equipment and shall include:
1.
A weather-based irrigation controller, or other equivalent technology, which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions shall be required;
2.
A configuration that allows planting areas to be grouped and irrigated in relation to hydrozones based on similarity of water requirements (e.g., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas; top of slope separate from toe of slope, etc.);
3.
Anti-drain check valves shall be installed to prevent low-head drainage in sprinkler heads;
4.
A pressure regulator, if the static water pressure exceeds the maximum recommended operating pressure of the irrigation system;
5.
A rain sensor with an automatic rain shut-off feature shall be required.
E.
All irrigation systems shall be designed to prevent runoff, over-spray, low head drainage and other similar conditions. Soil types and infiltration rates shall be considered when designing irrigation systems. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible.
F.
Dedicated (separate) landscape water meters shall be installed for all projects greater than 5,000 square feet, except for single family residential projects. Dedicated landscape water meters are encouraged on landscape areas less than 5,000 square feet to facilitate water management.
G.
Irrigation systems shall make use of recycled water unless a written exemption has been granted by water purveyor stating that recycled water meeting all public health codes and standards is not available and will not be available in the foreseeable future. Any recycled water irrigation systems shall be designed and operated in accordance with all local agency and state codes.
H.
Soil testing shall be performed after mass grading and prior to landscape installation to ensure the selection of appropriate soil amendments to support healthy plant materials and proper drainage. Soil testing shall include:
1.
Determination of soil texture, indicating the available water holding capacity;
2.
Determination of approximate soil infiltration rate (either) measured or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate;
3.
Measurements of pH and total soluble salts;
4.
A recommended action as to necessary amendments.
I.
Grading on site shall be designed to minimize unnecessary soil compaction, erosion and water waste.
§ 17.12.050 Water Efficient Design Criteria.
Conceptual and construction landscape and irrigation plans that are subject to the water efficiency requirements in this chapter shall be encouraged to incorporate the following design criteria:
A.
In addition to the design standards contained in Section 17.12.060, the following criteria should be incorporated into the landscape design:
1.
Protection and preservation of existing native species and natural areas shall be encouraged;
2.
The planting of lower water using trees, shrubs, and groundcover is encouraged;
3.
The use of turf shall be minimized; turf areas shall be used wisely in response to functional needs and shall not exceed the maximum annual applied water allowance. Where turf is installed, the use of warm season turf is strongly encouraged.
B.
The appropriate use of mulch within developed landscapes shall be encouraged to retain moisture.
C.
Stormwater management practices to minimize runoff and water waste to recharge groundwater, and to improve water quality, are encouraged.
§ 17.12.060 Projects Not Subject to Water Efficient Requirements.
A.
General Submittal Requirements.
1.
Applicants for projects that are not subject to the water efficient requirements of this chapter in accordance with Section 17.12.020 shall submit complete landscaping and irrigation plans for review and approval in accordance with Sections 17.12.070 and 17.12.080 prior to the issuance of construction permits.
2.
For projects that require other discretionary approvals, the applicant shall submit conceptual landscaping and irrigations plans for design review such as in accordance with Chapter 17.44 and in conjunction with the discretionary applications, and the submittal of landscape and irrigation construction plans shall be required as a condition of approval.
3.
For projects that do not require any discretionary approvals, the applicant shall submit landscape and irrigation construction plans as a ministerial application.
B.
Conceptual Landscape Plan.
1.
A description of any existing plant material to be retained or removed;
2.
A plan showing the planting areas and hydrozones, plant species and spacing, natural features, water features and all paved areas;
3.
A legend listing the plant name (botanical and common) and total quantities by container size and species;
4.
A description of the seed mixes with application rates;
5.
Identification of amenities, boulders, pools, fountains, and other features;
6.
Identification of headers and curbs;
7.
Calculation of paved areas, including parking areas;
8.
Calculation of required parking lot and site landscape areas;
9.
Calculation of total on-site landscape in square feet and by percentage of lot;
10.
If available or required for the project, an approved grading plan shall be submitted for reference.
C.
Landscape and Irrigation Construction Plans. All landscape construction drawings shall include a planting plan and irrigation plan with detailed notes and legends necessary for a complete landscape plan review.
1.
Planting and Irrigation Plans.
b.
If available or required for the project, an approved grading plan shall be submitted for reference;
c.
An irrigation plan showing the location, installation details, and specifications of all irrigation components, including, but not limited to, control valves, irrigation heads, irrigation head radius and gallons per minute (GPM), pressure calculations, line sizes and pipe schedules, hose bibs or quick coupler valves, irrigation controllers, backflow devices, and power supply;
d.
All irrigation systems are encouraged to be designed to prevent runoff, over-spray, low head drainage and other similar conditions.
§ 17.12.070 General Design Criteria, Street Trees and Plant Sizes.
Plans required by Sections 17.12.030 and 17.12.060 shall incorporate the following design standards:
A.
A combination of trees, shrubs, and groundcovers shall be used to create a varied and visually interesting landscape. All trees shall be not less than a minimum 15-gallon size and a minimum of 25 percent of all shrubs shall be of a five-gallon size.
B.
In areas that are three feet to 10 feet wide, a minimum of one tree shall be provided for every 20 linear feet. A minimum of one tree shall be planted for every 500 square feet of landscaping in all other areas.
C.
Street trees shall be planted along both sides of every private street, with a maximum spacing of 20 feet to 35 feet on center, depending on the tree type.
D.
The use of boulders or similar hardscape for design enhancement is encouraged.
E.
Large expanses of uninterrupted hardscape, such as decomposed granite, gravel, and similar materials, shall be avoided.
F.
Fire prevention needs shall be addressed in areas that are fire prone and all landscape components shall be consistent with regulations of the Upland fire department in effect at the time of landscape installation.
G.
Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in sensitive areas.
§ 17.12.080 Parking Area Landscape.
Plans required by Sections 17.12.030 and 17.12.060 shall incorporate the following design standards:
A.
At least eight percent of a parking lot area on a site shall be landscaped. The areas dedicated to parking and the ingress and egress of vehicles and pedestrians shall be used in determining the amount of required parking lot landscaping.
B.
Fifty percent of parking lot landscaping on a nonresidential project site shall be distributed within the parking area and 50 percent shall be distributed around the perimeter of the site.
C.
Landscaping in parking lot areas shall be surrounded by continuous concrete curbing six inches in height above grade.
D.
To be counted as part of the eight percent requirement, the landscaped areas shall be located immediately adjacent to parking stalls and driveways, and shall exclude curbs, sidewalks, and landings.
E.
A maximum of 15 percent of the area within the two and one-half foot landscaped overhang adjacent to each parking space may be counted as part of the eight percent landscape requirement.
F.
Landscape Islands. End parking spaces shall be provided with a minimum five feet wide landscape island or planter.
G.
Parking Areas Abutting a Residential Use or Zone. Where a parking lot abuts a residential use or zone they shall be separated by a solid masonry wall six feet in height, provided the wall shall not exceed three feet in height within the required front yard setback of an abutting residential zone. Where a parking lot abuts a property line which is the boundary for a residential use or zone, a minimum five-foot wide landscape area shall be provided between the parking lot and the property line.
H.
For single-family residential projects, the front yard, and side yard fronting onto a street on corner lots, shall be landscaped, except for those areas occupied by driveways providing access to garages and walkways providing access to a residence. No more than 40 percent of a front or side yard shall be dedicated to driveways and walkways. For multiple-family residential projects, the provisions of Section 17.04.030 (B) shall apply.
§ 17.12.090 Certificate of Completion.
Prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter, a certificate of completion shall be submitted to the community development director certifying that the landscaping has been completed in accordance with the approved construction plans for the project. For water efficient projects, the certificate of completion shall be signed by a licensed landscape architect except for the owner-installed landscapes at the single-family residence which may be signed by a licensed landscape architect or landscape professional or self-signed and shall indicate that:
A.
The landscaping has been installed in conformance with the approved plans;
B.
The smart irrigation controller has been set according to the irrigation schedule;
C.
The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff;
D.
A copy of the irrigation schedule has been given to the property owner.
§ 17.12.100 Water Audits.
For existing residential and nonresidential landscapes with a total net landscape area equal to or greater than one acre with a dedicated or mixed water meter, the city shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys to determine whether the landscape meets or exceeds the maximum annual applied water allowance for the landscape and provide information to the property owner about methods to increase water efficiency in the landscape. Existing landscapes may use an evapotranspiration adjustment factor of 0.8 when calculating the maximum annual applied water allowance (MAWA).
§ 17.12.110 Monitoring and Enforcement.
For projects that are subject to the water efficiency requirements of this chapter, the city shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys to determine whether the new or rehabilitated landscape complies with the estimated applied annual water use and meets or exceeds the maximum annual applied water allowance. If the property is found to be in excess of the approved maximum annual applied water allowance, the property owner may be subject to the same administrative procedures and penalties as outlined in Municipal Code Section 13.16.020.
§ 17.13.010 Purpose.
This chapter establishes standards for the height, placement, and design of fences and walls.
§ 17.13.020 Applicability.
§ 17.13.030 Measurement of Fence or Wall Height.
A.
The height of a fence or wall shall be measured from the adjacent finished grade at the base to the top edge of the fence or wall. See Figure 17.13-1 (Fence and Wall Height).
FIGURE 17.13-1 FENCE AND WALL HEIGHT  |
B.
If the adjacent finished grade is different on opposite sides of the fence or wall, the height shall be measured from the side with the highest finished grade to the highest point on the fence. See Figure 17.13-2 (Fence and Wall Height with Grade Change).
FIGURE 17.13-2 FENCE AND WALL HEIGHT WITH GRADE CHANGE  |
C.
If a fence is atop a wall, the total height shall be measured from the base of the wall.
§ 17.13.040 Height Limits.
A.
A fence or wall shall not exceed the maximum permitted height as shown in Table 17.13-1 (Maximum Height of Fences and Walls).
TABLE 17.13.1 MAXIMUM HEIGHT OF FENCES AND WALLS | ||
|---|---|---|
Fence or Wall Location | Industrial Zones | All Other Zones |
Within front and street side setback area (i.e. minimum required setback or up to main building) | 3.5 ft. | 3.5 ft. |
Within rear or interior side setback area | 8 ft. | 6 ft. |
All other areas on parcel | 8 ft. | 6 ft. |
B.
Within residential zones, an additional 2 feet of height is permitted for ornamental features that do not provide a screening function, such as an archway over a gate or ornamental figures intermittently situated along the top of a fence or wall. Decorative arches and other similar entry features within the front and street side setback areas may be up to 8 feet in height. See Figure 17.13-3 (Decorative Arches).
FIGURE 17.13-3 DECORATIVE ARCHES  |
§ 17.13.050 Location.
§ 17.13.060 Fence and Wall Materials.
A.
Fences and walls shall be constructed of decorative masonry, ornamental steel or iron, or wood and shall complement the architectural style of the primary structures on the property. Other materials may be permitted if the Development Services Director determines the design to be compatible with adjacent structures and the surrounding neighborhood.
B.
Fences and walls shall not be constructed of inappropriate materials such as sheet metal, vehicles, underground/above-ground tanks, garage doors, aluminum siding, corrugated tin, and other similar materials not specifically designed for use as fencing.
C.
Chain-link, barbed wire, razor wire, or wire mesh fences are prohibited in all residential zones and areas visible from a public or private street.
D.
Fences and walls shall be constructed so that no hazards, such as nails, spikes, wires or other sharp or pointed objects, protrude from or exist upon the fence. The use of barbed wire, razor wire and other similar materials is prohibited, unless deemed necessary for safety by the Development Services Director.
§ 17.13.070 Temporary Construction Fences.
Temporary fences around construction sites that are erected and maintained pursuant to Upland Municipal Code Title 15 (Building and Construction) shall be permitted.
§ 17.14.010 Purpose.
This chapter establishes minimum requirements for outdoor lighting in order to reduce light trespass and glare, and to protect the health, property, and the well-being of residents and visitors. Terms used in this chapter are defined in Part 7 (Definitions).
§ 17.14.020 Exemptions.
The following are exempt from the provisions of this chapter:
A.
Fixtures not fully shielded only if less than 3,000 Kelvin and/or 750 lumens per fixture; however, all non-residential lighting shall be shielded.
B.
Traffic control signals and devices.
C.
Street lights installed prior to the effective date of the ordinance codified in this chapter. New or replacement lighting shall comply with this chapter.
D.
Temporary emergency lighting (e.g., for use by fire, police, or repair personnel).
E.
Holiday lighting.
F.
Outdoor lighting for automated teller machines and associated parking lot facilities, which are subject to the California Financial Code Section 13040.
G.
Existing outdoor sports-field lights installed prior to the effective date of the ordinance codified in this chapter. New or replacement lighting shall comply with this chapter.
H.
All hazard warning luminaires required by federal regulatory agencies.
I.
Special events approved by the City pursuant to a temporary use permit and emergency or City approved night-time construction.
J.
Safety lights not exceeding 2,400 lumens (150 watts incandescent equivalent) per fixture that are controlled by a motion sensor switch and do not remain on longer than five minutes after activation.
K.
Low-voltage landscape lighting that does not exceed 400 lumens (35 watts incandescent equivalent) per fixture or string of lights.
L.
Approved lighting fixtures on any building or structure listed on the City's historic register and historic inventory.
M.
Accent lighting for art located in public places subject to the approval of the Development Services Director.
N.
Lighting for United States flags.
O.
Lighting required for the purpose of public safety or crime prevention and approved by the chief of police.
§ 17.14.030 General Standards.
The following general standards shall apply to all outdoor lighting installed after the effective date of the ordinance codified in this chapter:
A.
Light trespass that results in glare is prohibited.
B.
All residential lighting over 750 lumens per fixture shall be adequately shielded, and directed such that no direct light falls outside the property line or into the public right-of-way, as illustrated in Figure 17.14-1 (Inadequate and Adequate Shielding) and Figure 17.14-2 (Light Source Not Directly Visible Outside Property Perimeter). Residential lighting 750 lumens or below is exempt from a shielding requirement.
C.
All non-residential outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line or into the public right-of-way.
D.
New development that includes common-areas shall be maintained with a minimum 1.0 foot-candle power on walkways and in parking lots. However, there shall be zero measurable foot-candle power at the property line.
E.
The Development Services Director or designee may require motion-activated or heat (infrared)-activated lighting within public or common recreational areas, pedestrian entry points, or other targeted areas as appropriate to deter crime and enhance public safety.
F.
Luminaires shall be so designed and shielded by horizontal cutoff to eliminate all light directed above the horizontal plane, as illustrated in Figure 17.14-1 (Adequate Shielding). The lower edge of the luminaire's housing shall extend below the entire light source and all glassware so that any light emitted above the horizontal is eliminated. Light-directing refractors shall be considered to be light sources.
G.
Outdoor lighting shall comply with the State of California Title 24 Energy Efficiency Standards outdoor lighting requirements. If a conflict between the requirements of this chapter and the State of California Title 24 Energy Efficiency Standards arises, that which produces the least glare shall apply.
§ 17.14.040 Prohibited Lighting.
A.
Lighting that flashes, flickers, blinks, changes color, or changes intensity such that it is distracting or may be confused with traffic or emergency signals shall be prohibited.
B.
The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.
FIGURE 17.14-1 INADEQUATE AND ADEQUATE SHIELDING Inadequate Adequate Source: Dark Sky Society |
FIGURE 17.14-2 LIGHT SOURCE NOT DIRECTLY VISIBLE OUTSIDE PROPERTY PERIMETER  Source: Dark Sky Society |
C.
The operation of searchlights for advertising purposes is prohibited.
§ 17.14.050 Parking and High Travel Area Lighting.
A.
Parking area luminaires shall be no taller than 20 feet as measured from the adjacent grade to their tallest point. Taller poles may be approved by the Development Services Director.
§ 17.14.060 Recreational Facilities.
A.
Any light source permitted by this chapter may be used for lighting outdoor recreational facilities (public or private) provided all of the following conditions are met:
1.
All fixtures used for event lighting shall be fully shielded as defined in Section 17.14.030 (General Standards), or be designed or provided with sharp cut-off capability, so as to minimize up-light and glare.
2.
Exterior lighting is turned off before or as near to 11:00 PM as practical except to conclude a scheduled event that was in progress before 11:00 PM.
§ 17.14.070 Grandfathering of Nonconforming Luminaires.
A.
All luminaires lawfully in place prior to the date of the ordinance shall be grandfathered. However, any luminaire that replaces a grandfathered luminaire, or any grandfathered luminaire that is moved, must meet the standards of this chapter.
B.
Grandfathered luminaires that direct light toward streets or parking lots that cause disability glare to motorists or cyclists should be either shielded or re-directed within 90 days of notification, so that the luminaires do not cause a potential hazard to motorists or cyclists.
§ 17.15.010 Description and Purpose-Applicability.
A.
The provisions of this chapter shall govern all matters relating to signs, advertising structures, and advertising devices within the City which are exposed to view from outside the confines of any building, including, but not limited to, the location, type, size, height, design, quantity, content, and illumination of signs, advertising structures or devices.
B.
The purposes of these provisions are to:
1.
Maintain and enhance the physical appearance and economic value of the City;
2.
Direct and inform persons as to the location and nature of enterprises and activities;
3.
Provide guidance for design of advertising displays, structures and devices which will harmonize with their surroundings, avoid confusion or excessive competition for visual attention, and result in signage which is architecturally compatible with adjacent buildings or structures;
4.
Reduce the potential for distraction of or hazard to motorists or pedestrians; and
5.
Reduce the potential for creation of visual nuisances.
C.
The intent of these provisions is to provide a reasonable system of controls to assist in the preservation and enhancement of the visual environment, protection of property values, and the protection of the public safety and general welfare.
(Ord. 1927 § 2, 2017)
§ 17.15.020 Definitions.
For the purposes of carrying out the purposes and intent of this chapter, the meanings of the following words/terms and phrases shall be as ascribed to them herein; further provided that, when not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number, and words used in the plural number include the singular number. Words used in the masculine gender include the feminine gender, and words used in the feminine and/or neuter gender include the masculine and/or neuter gender. The word "shall" is always mandatory and not merely directory.
means any structure device or sign, erected or maintained either wholly or in part for outdoor advertising purposes, including, but not limited to, any sign, flag, banner, pennant, statuary, balloon, spotlight, searchlight, or other device located either on-or off-site, which is intended or designed to identify, advertise, or promote the sale of goods, materials or services or the location thereof.
means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes.
Advertising structure does not include:
Official notices issued by any court or public body or officer;
Notices posted by any public officer in performance of a public duty or by any person in giving legal notice;
Directional, warning or information signs or structures required by or authorized by law or by Federal, State, County, or City authority;
A structure erected near a City or County boundary, which contains the name of such City or County and the names of, or any other information regarding civic, fraternal or religious organizations located therein.
means any cloth, bunting, plastic, paper, or similar material used for advertising purposes attached, or pinned onto, or from any structure, staff, pole, line, framing, vehicle, or other object.
means any light with one or more beams, capable of being directed in any direction or directions.
means any (front, rear, or side) vertical surface of a building elevation in which the business is located. The area of the face of a building shall be the total area of such surface, including the area of doors and windows which open into such surface.
means that portion of a building on, adjacent to, or oriented to a public right-of-way.
means a board for displaying notices, posters, cards, sheets, or other printed, illustrated, or written matter. Also within this Code a freestanding sign for churches, schools, and official uses which contains the name of the institution or organization and general events or activities occurring at the institution.
means a structural, ornamental, roof-like appendage, either freestanding or attached to a building.
means the City of Upland.
means a formal process adopted by the City for review of all components of design of sites, buildings, structures, and signs to determine conformance with applicable City policies and standards.
means to build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of wall signs.
means a device utilized to display the California State and/or United States flag(s).
means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands, or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State of California.
means the length of a lot along a street or other principal public thoroughfare or freeway, but not including such length along an alley, watercourse, or railroad.
means a promotional activity used by newly established businesses, within 60 days after occupancy, to inform the public of their location and contribution to the community. Grand opening does not mean an annual or occasional promotion of retail sales by a business.
means any pamphlet, circular, folder, booklet, petition, letter, card, sheet, poster, sticker, dodger, or other written or illustrated matter distributed by hand to the general public.
means a lot or premises, building wall, or place upon which a sign is erected, constructed or maintained.
means a visual symbol identifying the business or service provided, which may be all or part of a sign.
means a building wherein two or more separately independently owned or operated occupancies are contained.
means a parcel of land as designated in the current assessor's parcel map book, containing two or more separately, independently owned or operated occupancies.
means an artistic picture or scene painted onto a building wall or other structure, but containing no advertising message and not associated with graffiti or related acts of vandalism.
means the molding, battens, cappings, nailing strips, or lattice which are attached to sign structures and are not part of the sign copy.
means any individual, firm, partnership, association, corporation, company, or organization, singular or plural, of any kind.
means an agreement entered into between the City and an off-premises advertising display owner and/or property owner resulting in the removal, relocation, replacement and/or reconstruction of one or more lawfully existing off-premises advertising displays, including electronic changeable-copy signs, to another parcel of property within the City, or to reconstruct an off-premises advertising display on the same property, as approved by City Council, in accordance with Section 17.15.090. For purposes of this chapter, a relocated off-premises advertising display is not considered a new or additional off-premises advertising display, and "relocate" shall not be construed to mean moving an existing structure and/or advertising display face to a new location; all "relocated" off-premises advertising displays and associated advertising display faces shall be of new construction, and shall be constructed pursuant to a relocation agreement.
means the top edge of a roof, mansard, or parapet wall of any building or other structure, which forms the top line of the building silhouette, exclusive of any sign tower.
means the distance between any building or structure, or between any building or structure and any or all of the property lines of the site upon which such building or structure is located.
means a space or area between any public right-of-way and an imaginary line on all building sites within which no buildings or structures shall be erected, placed or located.
means any device, fixture, surface, or structure of any kind or character, made of any material whatsoever, displaying letters, words, texts, illustrations, symbols, forms, patterns, colors, textures, shadows, or lights, or any other illustrative or graphic display designated, constructed, or placed on the ground, on a building canopy, wall, post, or structure of any kind, in a window, or on any other object for the purpose of advertising, identifying, or calling visual attention to any place, structure, firm, enterprise, profession, business, service, product, commodity, person or activity, whether located on the site, in any structure on the site, or in any other location.
The term "placed"
means and includes constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, sculpting, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever.
The term sign does not include the following:
Official notices issued by any court or public body or officer;
Notices posted by any public officer in performance of a public duty or by any person giving legal notice;
Directional, warning or information structures required by or authorized by law or by Federal, State, County, or City official;
A structure erected near a City or County boundary which contains the name of such City or County and the names of, or any other information regarding civic, fraternal or religious organizations located herein;
The display of the flag of the United States or the flag of the State of California, or any structure used exclusively for displaying these flags;
A table or other similar display containing merchandise, products for sale, literature, pamphlets, or other written or printed information available to the general public.
"Animated sign" means a sign which is designed and constructed to give a message through a sequence of progressive changes of parts by either action and motion, flashing or color changes requiring electric, wind, or manual energy.
"Appurtenant sign" means any sign which directs attention to an occupancy, business, commodity, service, or entertainment conducted, sold or offered only upon the premises where the sign is maintained as distinguished from a sign which directs attention to or advertises an occupancy, commodity, service, or entertainment supplied or originating on other premises.
means the entire area within a rectangle or series of rectangles enclosing the extreme limits of writing, representation, emblem, or any figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed, and superficial, nonilluminated column covers, ornamental trim, and other such incidental objects attached thereto which are not designed to convey a message; and excluding a reasonable amount of nonencompassed open area. Where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face, if the two are of unequal area. In the case of spherical or cylindrical signs, the area shall be one-half of the surface area of the signs. In the case of semicylindrical signs, the surface area shall be the total surface area.
"Attached sign" means any sign which is supported wholly by a building or structure, other than by a sign structure. Any roof sign, as defined herein, shall be considered an attached sign. Any sign extending less than 18 inches from the vertical surface of any building or structure.
"Awning sign" means a sign painted onto the canvas or valance of an awning.
"Banner sign" means a sign made of fabric, paper or other lightweight material, whether or not enclosed in a rigid frame, attached to a canopy, wall, cable, or pole.
"Bench sign" means any sign which is located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.
"Billboard sign" means any outdoor sign not attached to any building, the purpose of which is to advertise a product, service business, activity, use and/or occupancy not conducted upon the site where the sign is located. This definition does not include a noncommercial sign, public information sign or real estate directional sign advertising any subdivision located within the incorporated limits of the City.
"Business identification sign" means a sign which directs attention to a principal business, profession or industry located upon the premises upon which the sign is displayed; to a category of products sold, manufactured, or assembled; and/or to services or entertainment offered on such premises.
"Can sign" means a metal framed sign with a plastic or similar material face and lettering and utilizing internal illumination.
"Canopy sign" means either of the following:
Any sign placed on or supported entirely by a rigid or nonrigid shelter or other structure projecting out from any exterior wall or portion of a building or other structure.
Any sign attached to or suspended under any rigid or nonrigid portion or support of a building or other structure including, but not limited to, a breezeway, pedestrian passageway, porch or veranda.
"Center identification sign" means a freestanding sign intended solely for the purpose of identification of a commercial or industrial center or complex. Such signs shall be monument signs placed into landscaped berms and shall not contain advertising or promotional information, but may contain logos.
"Electronic changeable-copy sign" means an electronically-powered-sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign. This shall also include the changing of copy on billboards.
"Coming soon sign" means a temporary sign indicating the future or intended use of a property or building.
"Construction sign" means any sign stating the name and address of those individuals or firms directly connected with a construction project and the name of the owner or ultimate user.
"Convenience sign" means a sign not larger than two square feet which conveys information such as "restrooms," "no parking," "entrance," and the like but does not contain land, trade, advertising or business identification and is designed to be viewed on site by pedestrians and/or motorists.
means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.
"Directional off-site sign" means any off-site freestanding, nonflashing sign which is designed, erected and maintained to serve as a public convenience in directing pedestrian and vehicular traffic, but not used for the purpose of advertising uses and activities on site.
"Directory sign" means a sign on which the names and locations of occupants or the use of a building is given.
"Detached sign" means any sign which is supported by structures or supports in or upon the ground and independent of substantial support from a building. This type of sign is also referred to as a "freestanding," "ground" or "pole" sign.
"Electrical sign" means a sign containing electrical wiring for the purpose of lighting or illumination, but not including signs illuminated by an exterior or remote light source.
"Flashing sign" means any sign which contains or is illuminated by lights which are intermittently on and off, which change intensity, or which create the illusion of motion in any manner. This type of sign is also referred to as a "running" or "blinking" sign.
means the vertical distance measured from the top of curb elevation adjacent to the sign to the highest point of the sign or sign structure(s).
"Historic sign" means a sign which is of recognized historic or cultural significance to the community or town center for properties indicated within any of the historic districts of the general plan, on the Upland historic resources survey and/or on the local register.
"Illegal sign" means any sign which was erected in noncompliance with any provision of the Upland Municipal Code pertaining to signs which were in effect at the time such sign was erected including, but not limited to, height, area, dimensions, type, or location of signs, and/or procedures or requirements for the erection thereof.
"Illuminated sign" means any sign which has characters, figures, letters, designs or outlines illuminated internally or externally by electric lights or luminous tubes as a part of the sign proper. This term includes both directly and indirectly illuminated signs.
"Indirectly illuminated sign" means a sign whose illumination is reflected from its source by the sign display surface to the viewer's eyes, the source of light not being visible from the street or from abutting property, or any sign for which the light travels through a shield or material other than the bulb or tubing necessary to enclose the light source, which shield or material has the effect of dispersing the light before it strikes the eye of the viewer, including neon signs having no exposed or visible tubing.
"Informational on-site sign" means any on-site sign erected for the purpose of informing the viewer of the approximate route, direction, or location of a facility.
"Interior sign" means any sign located inside a building that is visible from a public street, right-of-way, or parking lot.
means a freestanding and multiple-sided structure which serves as its main purpose to display signs or information.
"Marquee sign" means any sign attached to and made part of a marquee. A "marquee" is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.
"Memorial sign" means a sign or tablet, containing the name of a building, and/or date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials mounted on the face of a building or wall.
"Menu board sign" means any wall or monument sign displaying a list of items available at a drive-through business for the purpose of taking drive-through orders.
"Monument sign" means a low-profile freestanding sign connected to the ground with a solid base and which reflects and complements the architectural theme of the buildings on the same property, and on which copy is limited to identification of the center and/or businesses located on the premises.
"Moving sign" means a sign or any device designed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign, including rotation and special lighting. Does not include time and temperature signs. Sometimes called "animated," "flashing," "scintillating" or "running" sign.
"Multitenant sign" means a sign used to advertise businesses that occupy a commercial or industrial center or complex of two or more tenants.
"Nameplate sign" means a sign serving to designate only the name, or the name and professional occupation, of a person or persons residing in or occupying space in a building located on the premises upon which the sign is located.
"Nonappurtent sign" means any sign which directs attention to an occupancy, business, commodity, service, or entertainment conducted, sold or offered off the premises where the sign is maintained as distinguished from a sign which directs attention to or advertises an occupancy, commodity, service, or entertainment supplied on the premises of the sign.
"Nonconforming sign" means any lawfully erected sign, which does not fully comply with all provisions of this chapter. This definition does not include any sign that has been illegally erected, or maintained in violation of any safety or health provision of this Code, or that otherwise constitutes a danger to health or safety. Nonconforming off-premises advertising displays that are relocated pursuant to a relocation agreement under Section 17.15.090 shall no longer be deemed nonconforming upon relocation.
"Off-site sign" means a sign which advertises or directs attention to products or activities that are not provided on the site upon which the sign is located.
"On-site sign" means a sign which advertises or directs attention to products or activities that are provided on the site upon which the sign is located.
"Painted sign" means any sign or representation painted directly on the exterior surface of any building or structure, except on the vertical face or valance of an awning or canopy.
"Political sign" means a sign erected prior to an election to advertise or identify a candidate, campaign issue, election proposition, or other related matters.
"Portable sign" means any sign not designed to be permanently attached. to a structure or to the ground.
"Projecting sign" means any sign other than a wall sign affixed to any building or wall, a portion of which extends beyond such building or wall by more than 18 inches. Any such sign suspended under a marquee, porch, walkway covering, or similar covering structure and in a place approximately perpendicular to the wall of the adjoining building, shall be deemed to be a projecting sign.
"Professional sign" means a sign indicating the name or names and occupation or occupations of a professional person or group of associated professional persons occupying the premises.
"Promotional sales sign" means a sign erected on a temporary basis to promote a new business, the sale of new products, new management, new hours of operation, a new service, or to promote a special sale. This type of sign is also referred to as a "special event" or "grand opening" sign.
"Real estate sign" means a temporary sign advertising the sale or lease of any property and the identification of the firm handling such sale, lease or rent.
"Revolving sign" means a sign which completely or partially rotates, either on an intermittent or continuous basis.
"Roof sign" means a sign erected, constructed, or placed upon or partially extending above a roof or parapet wall of a building and which is wholly or partly supported by such buildings.
"Sidewalk sign" means a portable sign on the public sidewalk or near the street adjacent to the business being identified, also typically known as A-frame or sandwich board signs.
"Stationary sign" means a sign which does not revolve, oscillate or move and has no flashing, blinking or moving lights.
means the supports, uprights, bracing, and framework of a sign. The area of such structure shall not be included in computing the aggregate surface of the area of the sign which it supports.
"Subdivision sign" means a sign in accordance with this title, which directs traffic to, or advertises a subdivision within the City. Such sign is classified as an on-site subdivision sign when located within the subdivision it advertises, and is classified as an off-site subdivision sign when not so located.
"Temporary sign" means any sign constructed of wood, paper, cloth, canvas, or other similar lightweight material, with or without frames, and all others including painted windows intended to be displayed for a limited period of time.
"Time and temperature sign" means a changeable copy sign displaying only the time and temperature.
"Under canopy sign" means a permanent sign installed suspended below the canopy of a building.
"Vehicle sign" means a sign which is attached to, or painted on, a vehicle or trailer and placed on any property so as to attract attention to a product, activity or business by such means as advertisement of sales prices, provision of direction to the business or activity, or similar promotional copy.
"Wall sign" means any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface.
"Wind sign" means any banner, balloon, flag, pennant or other advertising display fastened in such a manner so as to be subject to movement by mild wind pressure.
"Window sign" means an advertising sign painted, attached, glued, or otherwise affixed to either the exterior or interior side of a window, having copy visible from a public street, right-of-way, or parking lot.
(Ord. 1927 § 2, 2017)
§ 17.15.030 Administrative Provisions-General.
No person shall erect any sign regulated by this chapter in the City without first obtaining a sign permit to do so from the Building Department, and except in conformity with the provisions of this Zoning Code.
A.
Consent of Owner. No person shall erect any sign regulated by this chapter without first obtaining and filing with the Community Development Director the written consent of the owner and lessee or person having possession of the property upon which the sign is situated.
B.
Sign Plan Review. Plans for all signs shall be subject to review and approval by design review and/or Community Development Director staff prior to placement on any building, structure, or land, and shall be in accordance with procedures for sign plan reviews.
C.
Sign Identification. All signs shall bear the permit number, in an inconspicuous location but readily visible from the ground, in numerals not smaller than three-fourths inches in height. Failure to place this permit number on the sign at the time of installation will subject the person to whom the sign permit was issued to the penalties specified for violations of this Code.
D.
Annual Review of Signs. All signs in the City shall be formally reviewed annually by a sign committee appointed by the Mayor and approved by the City Council, consisting of five voting members as follows: Two shall be representatives of the general population of the City; one shall be a member of the Planning Commission; one shall be a member of the Chamber of Commerce, and one shall be a member of the City Council.
E.
Appeals. An appeal of any determination pursuant to this chapter shall be as provided in Chapter 17.47.
F.
Variances. Deviations from the provisions of this chapter shall be considered in accordance with the procedures set forth in Section 17.44.060 and shall be subject to the following findings:
1.
There are exceptional, unique circumstances or visibility problems involved with the property or development which do not apply generally to other property or developments in the same zoning district;
2.
A sign or signs not meeting the standards is the only available means of providing adequate identification;
3.
Approval of sign or signs not meeting the standards will not constitute a granting of special privilege not enjoyed by other properties or developments in the same zoning district.
(Ord. 1927 § 2, 2017)
§ 17.15.040 Nonconforming Signs and Billboards.
Every sign or billboard in existence on the effective date of the ordinance codified in this chapter, and which was legal at the time of installation, and which does not conform to the provisions of this chapter, is a legal, nonconforming sign. The following requirements shall apply to all legal, nonconforming signs.
A.
A nonconforming sign may not be:
B.
No new sign shall be approved for a site, structure, building, or use that contains nonconforming signs unless such nonconforming signs are removed or modified to conform with the provisions of this chapter.
C.
No building permit shall be issued for any structures, building expansions, or new building construction on a site which contains nonconforming signs, unless all signs on the site are brought into conformance with this chapter. This does not include interior alterations which do not substantially change the character or intensity of the site.
D.
All nonconforming signs shall be removed at such time as the use of any site, building, or structure is changed. A change in business ownership only shall not be deemed a change of use pursuant to this section.
(Ord. 1927 § 2, 2017)
§ 17.15.050 Prohibited Signs and Advertising Structures-General.
A.
Abandoned Signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign which has been abandoned. Any such sign shall promptly be removed by the owner or designee. Any sign which is located on property which becomes vacant and unoccupied for a period of 60 days or more, or any sign which was erected for an occupant or his or her business, or any sign which pertains to a time, event, or purpose which no longer applies, shall be presumed to have been abandoned, except that permanent signs applicable to a business temporarily suspended by reason of change of ownership or management of such business shall not be considered abandoned unless the property remains vacant for a period of 18 months.
B.
Billboards and Other Off-Site Advertising Structures. Billboards, nonappurtenant or other off-site, outdoor advertising structures, except temporary real estate directional or kiosk signs as provided in Sections 17.15.100 and 17.15.110, and relocated off-premises advertising displays as permitted under Section 17.15.090, are expressly prohibited in all zones.
C.
Vehicle Signs. No person shall park, or cause to be parked, any vehicle on any public or private property right-of-way for the sole purpose of commercial advertising. A sign or signs on vehicles used in conjunction with a business and the use of that vehicle will be allowed, subject to the following provisions:
1.
A vehicle sign is a sign permanently or temporarily attached to, or permanently painted on, a vehicle that is used in conjunction with the business that it identifies or advertises.
2.
The vehicle must be used as a part of the business to which the advertising on the vehicle pertains, (i.e., regular use for delivery of business products or obtaining supplies).
3.
No vehicle sign shall be attached in such a manner as to render a door, window, hood, trunk, or tailgate or a vehicle unmovable or unusable or to violate the California Vehicle Code.
4.
No vehicle sign shall have an arrow pointing towards the business that it identifies or advertises.
5.
No sign permit is required for a vehicle sign.
D.
Temporary or Semipermanent Signs. It is expressly prohibited in all zones to erect temporary or semipermanent signs such as paper pasteup, painted, portable posterboard, A-board, and mobile types when such signs are located outside of buildings, on exterior walls, and/or on window surfaces, unless a temporary sign permit has first been issued.
E.
Roof Signs. Signs projecting above the roof-line of a building or structure, except in the case of a sign incorporated as an integral part of the design and construction of a building and approved by design review.
F.
Distraction to Motor Vehicle Operators. No sign shall in any way endanger the health or safety of operators of motor vehicles on the streets and/or highways through the use of motion, sound, or other mechanical devices. Blinking, flashing, unusual lighting, or other means of animation which cause distraction to operators of motor vehicles shall not be permitted on or by any sign. Signs that revolve, rotate or orbit (except symbolic and common signs such as barber pole and mortar and pestle, which are traditional in nature and size) shall not be permitted.
G.
Animated and Electronic Changeable-Copy Signs. Animated and/or electronic changeable-copy signs, as defined within Section 17.15.020, or any other form of moveable, flashing, lighted, or rotating sign shall be expressly prohibited in all zones, except as provided by Section 17.15.210; and except for relocated off-premises advertising displays as provided by Section 17.15.090; also excepting time and temperature devices, church signs, and movie theater marquees, and high schools within the Public/Institutional (PB/I) zone which may be approved by the Development Services Director or designee; and also excepting any sign constructed to include mechanical equipment to move or rotate the sign for which a building permit was issued prior to April 1, 1994.
H.
Painted-On Signs. Painted-on signs applied directly to a building wall or fascia shall be prohibited.
I.
Mylar-Type Balloons. The use of mylar type balloons made of any electrically conductive material is prohibited.
(Ord. 1927 § 2, 2017; Ord. 1952 § 3, 2021)
§ 17.15.060 Removal of Illegal Signs-General.
A.
Illegal On-Premises Advertising Display. "Illegal on-premises advertising display" means any of the following:
1.
An advertising display erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use;
2.
An advertising display that was legally erected, but whose use has ceased, or the structure upon which the display is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of not less than 90 days;
3.
An advertising display that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period of the display provided by the ordinance rendering the display nonconforming has expired and conformance has not been accomplished;
4.
An advertising display which is a danger to the public or is unsafe;
5.
An on-premises advertising display which is a traffic hazard not created by relocation of streets or highways or by acts of the City.
B.
Off-Premises Advertising Display. "Off-premises advertising display" means any structure, housing, sign, device, figure, statuary, painting, display, message placard, or other contrivance, or any art thereof, which is designed, constructed, created, engineered, intended, or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes:
1.
To designate, identify or indicate the name of the business of the owner or occupant of the premises upon which the advertising display is located. Fifteen days for permanent signs, or 24 hours for temporary signs, from the date of the notice, that the City Manager or designee will issue a citation to show cause before the Council on a 10-day notice why these signs should not be removed. In the event that the Council shall, after the hearing, determine that these signs are illegal, the Council shall order the City Manager or designee to proceed to remove the signs;
2.
To advertise the business conducted, services available or rendered or the goods produced, sold, or available for sale, upon the property where the advertising display is erected;
C.
Enforcement Officer. "Enforcement officer" means the public employee or officer designated by the City Council to perform the duties imposed by the chapter on the enforcement officer.
D.
Resolution Declaring Nuisance. The City Council shall declare, by resolution, as public nuisances and abate all illegal on-premises advertising displays located within its jurisdiction. The resolution shall describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the County assessment map and its street address if known. Any number of parcels of private property may be included in the resolution.
E.
Notice of Assessment. Prior to adoption of the resolution by the City Council, the City Clerk shall send not less than a 10 days' written notice to all persons owning property described in the proposed resolution. The notice shall be mailed to each person on whom the described property is assessed on the last equalized assessment roll available on the date the notice is prepared. The notice shall state the date, time, and place of the hearing and generally describe the purposes of the hearing and the nature of the illegality of the display.
F.
Posting. After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front of the property on or in front of which the display exists.
G.
Form of Notice. The notice shall be substantially in the following form:
NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY |
Notice is hereby given that on the __________ day of __________, the City Council of the City of Upland adopted a resolution declaring that an illegal advertising display is located upon or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the office of the City Clerk. |
All property owners having any objection to the proposed removal of the display are hereby notified to attend a meeting of the City Council of the City of Upland to be held (give date, time, and place), when their objections will be heard and given due consideration. |
Dated this __________ day of __________, 20_____ |
____________________ (Title) City of Upland |
H.
Time of Posting. The notices shall be posted at least 10 days prior to the time for hearing objections by the City Council.
I.
Written Notice to Property Owner.
1.
In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council shall direct its Clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The Clerk shall cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council.
2.
The County Assessor, at the request of the City Clerk, shall, within 10 days thereafter, mail to the City Clerk a list of the names and addresses of all of the persons owning property described in the resolution. The address of the owners shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. The City shall reimburse the County for the actual cost of furnishing the list, and the cost shall be a part of the costs of abatement.
3.
The notices mailed by the Clerk shall be mailed at least 10 days prior to the time for hearing objections by the City Council.
J.
Hearing.
1.
At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of the on-premises advertising display. It may continue the hearing from time to time. By motion of resolution at the conclusion of the hearing, the City Council shall allow or overrule any objections. At that time, the City Council acquires jurisdiction to proceed and perform the work of removal.
2.
The decision of the City Council is final. If objections have not been made or after the City Council has disposed of those made, it shall order the enforcement officer to abate the nuisance by having the display removed. The order shall be made by motion or resolution.
K.
Abatement by Enforcement Officer. The enforcement officer may enter private property to abate the nuisance.
L.
Owners Right to Abate Nuisance.
1.
Before the enforcement officer arrives, any property owner may remove the illegal on-premises advertising display at the owner's expense.
2.
Nevertheless, in any case in which an order to abate is issued, the City Council, by motion or resolution, may further order that a special assessment and lien shall be limited to the costs incurred by the City, as the case may be, in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, and other related costs.
M.
Accounting of Costs.
1.
The enforcement officer shall keep an account of the cost of abatement of an illegal on-premises advertising display in front of or on each separate parcel of property where the work is done by him or her. He or she shall submit to the City Council for confirmation an itemized written report showing that cost.
2.
A copy of the report shall be posted for at least three days, prior to its submission to the City Council, on or near the chamber door of the City Council, with notice of the time of submission.
3.
At the time fixed for receiving and considering the report, the City Council shall hear it with any objections of the property owners liable to be assessed by the abatement. It may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution.
N.
Award of Contract for Abatement. Abatement of the nuisance may, in the discretion of the City Council, be performed by contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. In that event, the contractor shall keep the account and submit the itemized written report for each separate parcel of property required by subsection M of this section.
O.
Affixing Cost Assessment and Collection.
1.
The cost of abatement in front of or upon each parcel of property, and the cost incurred by the City, as the case may be, in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical, and other related costs, are a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the owner confirming the assessment in the office of the County recorder of the County in which the property is situated. However, if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by the section shall not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property shall be transferred to the unsecured roll for collection.
2.
After confirmation of the report, a copy shall be given to the County Assessor and the tax collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.
3.
The City shall file a certified copy of the report with the County Auditor on or before August 10th. The description of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year.
4.
The County Auditor shall enter each assessment on the County tax roll opposite the parcel of land.
5.
The amount of the assessment shall be collected at the times and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.
6.
As an alternative method, the County Tax Collector, at his or her discretion, may collect the assessments without reference to the general taxes by issuing separate bills and receipts.
P.
Receipt After Confirmation. The enforcement officer may receive the amount due on the abatement cost and issues receipts at any time after the confirmation of the report and until 10 days before a copy is given to the assessor and tax collector or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report.
Q.
Refund of Assessment. The City Council may order a refund of all or part of an assessment pursuant to this chapter if it finds that all or part of the assessment has been erroneously levied. An assessment, or part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before November 1st after the assessment became due and payable. The claim shall be verified by the person who paid the assessment or by the person's guardian, conservator, executor, or administrator.
(Ord. 1927 § 2, 2017)
§ 17.15.070 Inventory of Erected On-Premises Advertising Displays (With a Useful Life of Fifteen Years).
Notwithstanding anything to the contrary in this chapter, the following subsections shall apply only to lawfully erected on-premises advertising displays designed, constructed, created, intended, or engineered to have a useful life of 15 years or more.
A.
Definitions. As used in this chapter, "on-premises advertising displays" means any structure, housing, sign, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, which has been designed constructed, created, intended, or engineered to have a useful life of 15 years or more, and intended or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes:
1.
To designate, identify, or indicate the name or business of the owner or occupant of the premises upon which the advertising display is located;
2.
To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display has been lawfully erected.
B.
Exclusion—Outdoor Advertising. This chapter does not apply to advertising displays used exclusively for outdoor advertising pursuant to the Outdoor Advertising Act of the Business and Professions Code.
C.
Exclusion—Nonconforming Advertising Displays. As used in this chapter, illegal advertising displays do not include legally erected, but nonconforming, displays for which the applicable amortization period has not expired.
D.
Abandoned Advertising Display. As used in this chapter, "abandoned advertising display" means any display remaining in place or not maintained for a period of 90 days which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the display is located.
E.
Inventory and Identification. The inventory and identification of the above mentioned displays shall commence within six months from the date of adoption of the ordinance codified in this chapter. Within 60 days after the six-month period, the City shall commence abatement of the identified preexisting illegal and abandoned on-premises advertising displays.
F.
Fees. The City shall impose reasonable fees upon all owners or lessees of on-premises business advertising displays for the purpose of covering its actual cost of inventorying and identifying illegal or abandoned advertising displays which are within its jurisdiction. The actual cost may be fixed upon a determination of the total estimated reasonable cost, the amount of which and the fee to be charged is exclusively within the discretion of the City. The cost may be added as an assessment to the next regular tax bill levied against the parcel against which the cost was assessed; or, as an alternative, such cost may be added to the next annual business license renewal fee of the person whose on-premises advertising sign/signs was/were inventoried.
G.
Denial of Permit. The City may not deny, refuse to issue, or condition the issuance of a business license or a permit to construct a new legal on-premises advertising display upon the removal, conformance, repair, modification, or abatement of any other on-premises advertising display on the same real property where the business is to be or has been maintained if both of the following apply:
1.
The other display is located within the same commercial complex which is zoned for commercial occupancy or use, but at a different business location from that for which the permit or license is sought;
2.
The other display is not owned or controlled by the permit applicant, and the permit applicant is not the agent of the person who owns or controls the other display.
H.
Effect on Nonconforming Signs. During the amortization period for a nonconforming legally in place on-premises advertising display's continued use, the City may not deny, refuse to issue, or condition the issuance of a permit for modification or alteration to the display upon change of ownership of any existing business if the modification or alteration does not include a structural change in the display.
(Ord. 1927 § 2, 2017)
§ 17.15.080 Sign Regulations-General.
Notwithstanding the sign provisions of the zone(s) in which located, the following regulations shall apply to all zones:
A.
Sign Maintenance. All signs permitted in the City shall be maintained in a neat, attractive condition, and in adequate repair, as determined by the City Manager or a designee, at all times.
B.
Lighted Signs Near Street Intersections. All lighting of signs or outdoor advertising located within 150 feet of any street intersection shall be of such color and design that there will be no confusion with public signs or signals regulating the flow of vehicular traffic. The Public Works Director shall have sole use of red, amber, or green-colored lights.
C.
Outdoor Advertising Structure Landscaping. All outdoor advertising structures hereafter erected in conformity with this Zoning Code shall be landscaped and such landscaping shall be maintained in a neat and orderly manner, properly irrigated, and free of weeds.
D.
Advertising Structures Near Residential Uses. No outdoor advertising structure may be placed or located on any vacant lot or parcel of land lying between two residential buildings, structures, or uses where such structures or uses are less than 100 feet apart, nor may any such outdoor advertising structure be located within 50 feet of any residential use in the same block frontage.
E.
Projections Over Rights-of-Way. All projecting signs shall be designed and constructed in accordance with the following requirements:
1.
Signs Over Public Rights-of-Way. No sign shall extend over a public sidewalk or right-of-way, excepting signs attached under canopies or marquees, which shall not exceed dimensions of 12 vertical inches by 48 horizontal inches, and shall clear the surface below by not less than eight feet. Signs of iconic or historical significance may extend over the public sidewalk or the public right-of-way, providing they are less than 16 square feet in area, and are at least eight feet above the surface of the ground or sidewalk above which they are located, and are approved by the design review process.
2.
A sign(s) for which an encroachment permit or license has been granted by the City of Upland pursuant to this chapter may encroach over a public right-of-way.
3.
Signs affixed to the vertical face or valance of an awning or canopy for buildings in the MU (mixed use) zone may be permitted through design review approval.
F.
Advertising Signs and Structures Near Freeways. Notwithstanding the provisions of Sections 17.15.190 and 17.15.220 and except for relocated off-premises advertising displays as provided in Section 17.15.090, the subject matter of any nonappurtenant freestanding, outdoor advertising sign and structure built beyond 500 feet from freeway right-of-way shall not be visible from such freeway.
In the case of freeway-oriented commercial sites which have parcel frontage on the freeway, or commercial sites that are within 500 feet from freeway right-of-way, the sign and structure shall be designed and constructed in accordance with the following requirements:
1.
Sites Adjacent to the Freeway. The maximum sign height for any appurtenant freestanding, freeway-oriented outdoor advertising sign adjacent to the freeway shall not exceed 25 feet measured from the uppermost point of the sign down to the finished grade at the base of the sign. The height may be increased to 35 feet if the finished grade at the base of the sign is a minimum of 10 feet below the grade of the freeway. In the event of a depressed freeway, no sign shall exceed a maximum height of 25 feet from the finished grade at the base of the sign.
2.
Sites Adjacent to the Freeway with a Frontage of 250 Feet or More. For sites with a minimum frontage of 250 feet on a freeway, the maximum sign height for any appurtenant freestanding, freeway-oriented outdoor advertising sign shall not exceed 45 feet from the uppermost point of the sign down to the finished grade at the base of the sign. The height may be increased to 55 feet if the finished grade at the base of the sign is a minimum of 10 feet from the grade of the freeway.
3.
Sites Not Adjacent to the Freeway in the Regional Commercial District. For commercial sites that are not adjacent to the freeway but are within the Regional Commercial District and within 500 feet from freeway right-of-way, the maximum sign height for any appurtenant freestanding, freeway-oriented outdoor advertising sign shall be 55 feet measured from the uppermost point of the sign down to the finished grade at the base of the sign.
4.
Sign Area. The maximum sign area for any appurtenant freestanding, freeway-oriented outdoor advertising sign shall not exceed the following: 100 square feet for commercial sites which are subject to the conditions in subsection (F)(1) above; 350 square feet for commercial sites that meet the minimum freeway frontage standards in subsection (F)(2) above, and 450 square feet for non-adjacent commercial sites that meet the location standards in subsection (F)(3) above. In no case shall the overall height of the sign area exceed 60 percent of the overall height of the freeway sign measured from the uppermost point of the sign to the finished grade at the base of the sign.
5.
Design Standards. The design of any appurtenant freestanding, freeway-oriented outdoor advertising sign shall contain architectural elements within the sign area and the support structures shall contain a decorative cover. Flat plastic sign panels with printed lettering shall be prohibited.
6.
The appurtenant freestanding, freeway-oriented outdoor advertising sign shall contain landscaping with irrigation around the base of the sign. Landscaping and irrigation plans shall be submitted with the sign permit application and utilize a variety of decorative ground cover and shrubs.
7.
Approval. The Development Services Director, or designee, shall have the authority to approve any appurtenant freestanding, freeway-oriented outdoor advertising sign that meets the requirements of this subsection.
G.
Relocated Off-Premises Advertising Displays. All relocated off-premises advertising displays as provided in Section 17.15.090 may be permitted.
I.
Subject Matter or Advertising. Any outdoor advertising structure shall contain thereon only such subject matter or advertising which refers to goods or services produced, sold, or displayed on the premises upon which such sign or structure is located, excepting off-site real estate signs as provided in Section 17.15.110, and relocated off-premises advertising displays as provided in Section 17.15.090.
J.
Signs in Shopping Centers. Shopping centers shall have a coordinated sign program (sign criteria) for the entire center with the individual tenant sign proposals approved by the owner or lessor prior to submittal for design review for approval.
K.
Detached Signs. All detached signs shall be located within a landscaped planter, as approved by design review. The base of any detached sign shall be constructed of masonry, wood, or other suitable building material which is architecturally harmonious with the development to which the sign is appurtenant.
L.
Statue Signs. Statues designed primarily for commercial-promotional activity shall be subject to review and approval by design review.
M.
Wall Decorations. In the MU (mixed use) zone, where walls are decorated with scenic or artistic paintings or murals which do not in themselves either advertise a product, or tend to become a mere extension or enlargement of a sign or other advertising materials, such scenic, architectural, or artistic paintings or murals, shall be construed as a textural treatment of the wall surface and shall be subject to review and approval by the design review process.
(Ord. 1927 § 2, 2017; Ord. 1974 § 2, 2023)
§ 17.15.090 Off-Premises Advertising Displays Pursuant to Relocation Agreement.
Pursuant to Business and Professions Code Section 5412, a legal, nonconforming off-premises advertising display or billboard may be relocated and reconstructed pursuant to a relocation agreement, pursuant to the following guidelines and requirements.
A.
Purpose. The purpose of a relocation agreement is to reduce the overall number of off-premises advertising displays within the City; to allow relocation of off-premises advertising displays to more suitable locations; and to provide more attractive, aesthetically-pleasing off-premises advertising display designs. A further purpose is to reduce or eliminate the City's obligation to expend public funds for the removal of legal nonconforming off-premises advertising displays. Relocation agreements are part of the demonstrated commitment of the City to improve the aesthetic appearance of the City in a manner consistent with State law.
B.
Authority. Notwithstanding any other provision of this Chapter 17.15, and consistent with the California Business and Professions Code outdoor advertising provisions, including Business and Professions Code Section 5412, existing off-premises advertising displays may be removed, relocated, replaced and/or reconstructed as part of a relocation agreement between the City and an off-premises advertising display owner and/or property owner.
C.
Categories of Relocation Agreements. The City Council shall be authorized to enter into the following types of relocation agreements, each with specific requirements.
1.
Relocated Off-Premises Displays on Private Property. The relocation agreement shall provide that for every off-premises advertising display that is relocated and constructed at a relocation site, the owner of the off-premises advertising display must commit to the permanent removal of a minimum of four existing, legal nonconforming off-premises advertising displays located within the City. If the off-premises advertising display is relocated and constructed at a relocation site owned by the City the owner of the off-premises advertising display may request to remove a smaller number, but in no case less than two existing, legal nonconforming off-premises advertising displays; subject to findings by the City Council that the terms of the relocation agreement offer enhanced benefit to the City. The existing, legal nonconforming off-premises advertising displays to be permanently removed need not be of the same type of off-premises advertising displays to be relocated pursuant to the relocation agreement.
2.
Relocated Off-Premises Displays Accommodating a Public Need. Where removal of an existing off-premises advertising display is required to accommodate a public improvement or acquisition of public right-of-way by the City, the City may enter into a relocation agreement with the owner of the off-premises advertising display to alleviate the expenditure of public funds. Off-premises advertising displays relocated in order to accommodate a public need do not need to be accompanied by a net reduction in existing signs.
D.
Status of Existing Off-Premises Advertising Display. Only off-premises advertising displays that comply with the City's municipal code or that are legal, nonconforming off-premises advertising displays as of the date of adoption of the ordinance codified in this section are eligible to be relocated pursuant to a relocation agreement.
E.
Placement of Relocated Off-Premises Advertising Display. Relocated off-premises advertising displays may only be constructed on property located within mixed use, commercial and industrial zoning districts, or on City of Upland owned property regardless of zone, including freeway-oriented commercial and industrial sites.
F.
Type of Relocated Off-Premises Advertising Display. Relocated off-premises advertising displays may include any type of sign authorized or described under this Zoning Code, including electronic changeable-copy signs.
G.
Content. Each relocation agreement shall contain, at a minimum, the following information:
1.
Identification of the location of the relocated off-premises advertising display(s) and, if removal of further sign area is required, off-premises advertising display(s) being permanently removed, provided, however, that the relocation agreement may defer identification of the specific locations of the relocated off-premises advertising displays where the relocation agreement provides that the locations for development of the relocated off-premises advertising displays shall be subject to future City Council approval; and
2.
Conceptual design drawings for the relocated off-premises advertising display(s), including height and design. The design standards applicable to relocated off-premises advertising display(s) shall be as set forth in the relocation agreement approved by the City Council pursuant to this chapter.
H.
Review Process. All relocation agreements shall be reviewed and approved by the City Council. The following findings must be made by the City Council in order to approve a relocation agreement:
1.
The proposed agreement is consistent with the goals, objectives, purposes and provisions of the Upland General Plan and the Upland Municipal Code;
2.
The proposed relocation site is compatible with the uses and structures on the site and in the surrounding area;
3.
The proposed relocation agreement either: contributes to the reduction of visual clutter in the City by proposing a net decrease in existing off-premises advertising displays, resulting in a reduction in advertising square footage within the City; promotes activities of City-wide benefit and interest or generates significant revenue for the City; or in the case of relocations to accommodate a public project, the agreement serves the public interest eliminating the need for public fund expenditure;
4.
The proposed off-premises advertising display would not create a traffic or safety problem with regard to onsite access circulation or visibility;
5.
The proposed off-premises advertising display would not interfere with onsite parking or landscaping required by City ordinance or permit; and
6.
The proposed off-premises advertising display would not otherwise result in a threat to the general health, safety and welfare of City residents.
I.
Sign Permit Required. Subsequent to the approval of a relocation agreement by the City Council, the off-premises advertising display owner and/or property owner shall file an application for a sign permit to relocate or reconstruct the off-premises advertising display as authorized by the relocation agreement, pursuant to the provisions of Section 17.15.030. The City is authorized to issue a sign permit upon receipt of documentation of approval from the Development Services Director that the design and location of the proposed relocated off-premises advertising display(s) as specified in the sign permit application is consistent with the conceptual relocated off-premises advertising display design approved by the City Council as part of the relocation agreement.
J.
Nonconforming Off-Premises Advertising Displays. Any nonconforming off-premises advertising display relocated or reconstructed pursuant to an approved relocation agreement shall no longer be considered nonconforming for purposes of this Code.
(Ord. 1927 § 2, 2017)
§ 17.15.100 Special Signs Permitted-General.
Subject to compliance with provisions of Section 17.15.080, the following special types and classifications of signs may be permitted subject to compliance with the limitations and conditions prescribed herein; provided further, that the area of any such signs shall not be included in computing the total allowable sign area or number of signs permitted for any lot or use.
A.
Name signs or nameplates, which do not exceed one square foot in area and displaying only the name of the property or the premises upon which displayed or the owner or lessee thereof, or of the address thereon.
B.
Informational signs, provided such sign is not more than five square feet in area, bearing no advertising message and located wholly within the lot to which the sign is appurtenant.
C.
Street address numbers, no trespassing, no parking, and other warning signs, provided such sign is located on the lot to which the sign is appurtenant and not exceeding four square feet in area; one nonilluminated nameplate not exceeding two square feet in area for each dwelling unit.
D.
Memorial signs or tablets, including names of buildings and dates of erection, provided they are cut into the surface or the façade of the building or project not more than two inches from the face of the building.
E.
Public utility company signs, provided such sign indicates danger or serves as an aid to public safety, or shows the location of underground facilities or of public telephones.
F.
Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are not visible from a public street, right-of-way, or parking lot.
G.
Time and temperature devices, provided such sign is not higher than permitted detached signs, located on private property and bearing no advertising message.
H.
Traffic or Other Municipal Signs (Signs Required by Law). Railroad crossing signs, legal notices, and such temporary emergency or nonadvertising signs as may be authorized by the Council.
I.
Public Convenience Signs. Signs not exceeding one square foot in area, erected for the convenience of the public, such as signs identifying restrooms, walkways, and similar features or facilities.
J.
Community Activity Signs. Signs specifically approved by the City Manager or designee for the purpose of advertising or identifying special civic events or activities deemed to be of Citywide significance and/or general public interest.
K.
On-Site Real Estate Signs. The number shall be limited to one unlighted sign per lot or parcel not exceeding eight square feet in sign area nor more than six feet in height. Such sign shall be removed not more than 15 days after the close of escrow.
L.
Entry monumentation signs, not exceeding 20 square feet in area nor four feet in height, may be permitted by design review approval in any commercial or industrial zone. Such entry monumentation signs shall contain only the name or street name and address of the business center, commercial development, or industrial park and shall be attached to walls which are an integral part of the landscaped design or the entry to the project. Not more than two such signs shall be permitted at each primary entrance.
M.
Window signage, not exceeding 25 percent of any window, for the primary purpose of identification.
(Ord. 1927 § 2, 2017)
§ 17.15.110 Temporary Real Estate Signs.
Temporary real estate signs for the purpose of sale, lease or rental of real property or buildings may be permitted subject to the following limitations:
A.
Conditions for Approval—General.
1.
Excepting on-site signs of six square feet in area or less, approval as provided in Section 17.15.030 and a valid building permit shall be obtained from the Building Department for any real estate sign.
2.
Permit Fees and Deposits. Each application for a building permit for a temporary real estate sign shall be accompanied with a cash deposit, in an amount established by resolution of the City Council, for each sign so requested, which shall be posted with the City Finance Department to insure removal of such sign at the expiration of the time limit as specified herein.
3.
A certificate or letter of authorization shall be obtained from the property owner of the property where the sign is to be located (granting authorization to install said sign).
4.
Any such sign(s) shall be subject to design review and approval as provided in Section 17.15.030.
5.
All signs shall be set back not less than 10 feet from the right-of-way line of any public street.
6.
Not more than one real estate sign may be located within any 300 linear feet of street frontage nor may more than one real estate sign be located on the frontage of any one parcel.
7.
No sign shall be so located as to create a hazardous traffic condition.
8.
Time Limitation. Except as may be otherwise specified hereinafter, any temporary real estate sign shall be removed within 12 months from the date of approval or within 15 days after the close of escrow or date of lease or rental of such property, whichever period is the lesser; provided however, that such time limitation may be extended (for good cause shown) by the Community Development Director.
B.
On-Site Real Estate Signs. One unlighted sign not exceeding 32 square feet in area nor exceeding 16 feet in height may be permitted on any lot in any zone, subject to the following limitations:
1.
Subdivision Sales. Signs may be erected along each street frontage for the purpose of land and/or building sales in tracts, parcel maps, or records of survey, when two or more lots are involved and when the signs are located on the land to which the signs refer. Not more than four signs of any type or description shall be employed, and no one sign shall exceed an area of 50 square feet or 16 feet in height nor shall the aggregate area of all such signs exceed 100 square feet.
C.
Off-Site Real Estate Signs. Off-site directional real estate signs, for the purpose of directing potential buyers or tenants to new residential subdivisions are permitted subject to the requirements set forth in Section 17.15.120.
D.
E.
Temporary Residential "Open House" Signs.
1.
This allowance applies to Fridays, Saturdays, Sundays, and legal holidays only.
2.
One open house directional sign may be placed in the parkway at any two intersections of the City. An additional third sign will be allowed if the home is located within a cul-de-sac street.
3.
Two flags and one open house sign may be placed in the parkway of the open house.
4.
No open house flags or signs shall be allowed in the parkways on any day of the week except Fridays, Saturdays, Sundays, and legal holidays.
5.
No signs shall be posted at any time in the Euclid Avenue median or parkway, on a street tree, or utility pole.
6.
Any open house signs remaining in the parkway after the weekend or holiday shall be subject to confiscation, and a citation may be issued after one written warning.
(Ord. 1927 § 2, 2017)
§ 17.15.120 Directional and Kiosk Signs.
A.
Purpose. The purpose of this section is to provide a uniform, coordinated method of offering developers a means of providing directional signs to their new residential development projects, while minimizing confusion among prospective purchasers who wish to inspect development projects, while promoting traffic safety and reducing the visual blight of the proliferation of signs. "New residential projects" means newly constructed subdivisions which are actively marketed to prospective buyers by the developer.
B.
Prohibited Signs. Directional and kiosk signs, including travel direction signs, other than those on-site, are prohibited except as provided in this section.
C.
Authority to Grant License. The City Council may, by duly executed license agreement, grant to a qualified person(s) the exclusive right to design, erect and maintain off-site directional and kiosk signs within the entire City, or any designated portion thereof. If such an agreement is implemented, all directional and kiosk signs shall be regulated and installed per the agreement and approvals between the licensee and the City. The licensee shall not install any new structures without express written consent of the Community Development Director.
D.
License Required. No person shall erect or maintain any directional sign or kiosk sign within the City without first obtaining a license issued by the City Council. A license may be issued to locate a single directional sign in the public right-of-way at locations approved by the Community Development Director.
E.
Location of Directional and Kiosk Structures. Directional signs and kiosk structures are subject to the following provisions:
1.
Sign structures shall not obstruct the use of sidewalks, walkways, bike or multiuse trails;
2.
Sign structures shall not obstruct the visibility of vehicles, pedestrians or traffic control signs;
3.
Sign structures shall, where feasible, be combined with advance street name signs;
4.
Sign structures shall not be installed in the immediate vicinity of street intersections;
5.
Sign structures shall be limited to one structure between street intersections;
6.
Sign structures shall be located not less than 600 feet from an existing or previously approved sign structure. Notwithstanding, sign structures on Euclid Avenue shall be located not less than 1,000 feet from an existing or previously approved sign structure;
7.
No sign structure shall be permitted within the Euclid Avenue median;
8.
The Community Development Director shall determine the minimum number of sign structures permitted under the license agreement(s) executed by the City Council. In determining the number of permitted sign structures, the Community Development Director shall consider that the purpose of this section is to provide adequate directional signs to new residential projects while promoting traffic safety and reducing visual blight due to the proliferation of signs.
F.
Time Period. Sign structures shall be allowed for a maximum period of time concurrent with the approved time limit of the structure location as designated in the license agreement.
G.
Design Standards for Directional and Kiosk Structures.
1.
Sign structures shall be subject to review and approval by the Community Development Director through the design review process.
2.
Sign structures shall be wood type with individual sign panels of uniform design and color throughout the City limits.
3.
Sign structures shall not exceed eight feet in height.
4.
The width of sign structures and sign panels shall not exceed five feet.
5.
Sign panels shall not be illuminated. Flashing lights shall not be permitted.
6.
Sign structure installation shall include break away design features where required by the building official or Public Works Director in right-of-way areas.
7.
The lettering for each tract identification shall be uniform and shall be reviewed and approved by the Community Development Director or the appointed designee.
8.
No attachments, tags, signs, streamers, devices, display boards, pennants, flags or other devices for visual attention or other appurtenances shall be placed on the directional or kiosk sign.
9.
Sign panels shall be confined to the identification of new residential subdivisions which are actively marketed by the developer and a directional arrow. When a model complex closes, that project sign identification shall be immediately removed from the sign structure.
H.
Insurance and Hold Harmless Requirements. Licensee shall accept liability for all signs and shall provide insurance naming the City as additionally insured in a form and with a company acceptable to the City Attorney. The City, and its officers and employees, shall be held free and harmless of all costs, claims, and damages levied against them.
I.
Permits Required. All signs must have applicable building and safety and Community Development Department permits including a sign permit.
J.
Signs on Private Property. All signs placed on a private property must receive written consent of the property owner, which shall be filed with the Community Development Department prior to issuance of a permit. Written consent shall give the City the right to enter the private property to remove any sign(s) not in conformance with this section or the license agreement.
K.
Sign Location Plan.
1.
A sign location plan shall be prepared showing the site of each directional sign and shall be submitted to the Community Development Department prior to the issuance of a sign permit.
2.
Placement of signs must be in accordance with permit specifications from the City's Public Works Department.
3.
All signs within public rights-of-way must have an encroachment permit.
4.
The placement of each sign structure shall be reviewed and approved by the Community Development Director or appointed designee.
L.
Maintenance. Licensee shall maintain all signs free of graffiti and in a neat, clean, orderly and weed-free condition. Graffiti shall be removed in accordance with Chapter 9.36 of the Upland Municipal Code.
M.
Violation of License Agreement. All violations of the license agreement are to be corrected within 48 hours (two days).
N.
Planning Commission Review. The Planning Commission shall conduct an annual review of the signs licensed pursuant to this section to ensure compliance with the municipal code and the license agreement. The Planning Commission shall forward their review and recommendations, if any, to the City Council.
O.
Directional or Kiosk Sign Structures—Operation. The licensee shall make directional or kiosk sign panels available to all persons or entities selling residential subdivisions (hereinafter referred to as subdividers) on a first-come, first-serve basis. The licensee shall maintain a separate waiting list for each sign structure. Alternatively, a subdivider may apply to licensee for a sign panel program consisting of a single sign panel on each of a series of sign structures as needed to guide prospective purchasers to the subdivision.
P.
Applicability. This chapter shall not apply to temporary off-site real estate signs lawfully installed prior to the effective date of the ordinance codified in this chapter. Any such signs may remain and shall be subject to the conditions of approval set forth in the sign permit.
(Ord. 1927 § 2, 2017)
§ 17.15.130 Political Campaign Signs-General.
Political campaign signs shall be permitted in any zone subject to the granting of a permit by the City Manager or designee for each local, special, district, state, or national election, when such signs satisfy each of the following conditions.
A.
Statement of Understanding. Applicants shall sign a statement indicating that they understand the regulations and that it is presumed that any sign advertising the candidacy of any particular candidate applicant was erected and/or placed by and with consent of that candidate applicant. Likewise, it is presumed that all signs advertising or propounding a particular affirmative or negative vote on an issue and/or proposal were placed and/or erected by the person or committee applicant propounding that proposition.
B.
Time Limit. All signs advertising candidates or specific issues shall be removed within 10 days after the date of the election by the candidate, person or committee applicant advertising the candidacy, issue or proposal.
C.
Maximum Total Area. No sign shall exceed six square feet in total area in residential zones, nor more than 16 square feet in commercial or industrial zones.
D.
Maximum Height. The sign shall not exceed an overall height of four feet in residential zones, nor more than six feet in commercial or industrial zones.
E.
Lighting. The sign shall not be lighted either directly or indirectly.
F.
Attachment. The sign shall not be attached to any tree, fence post, utility pole, nor affixed in any permanent manner to any structure.
G.
Location. No sign shall be posted in the public right-of-way.
(Ord. 1927 § 2, 2017; Ord. 1968 § 3, 2022)
§ 17.15.140 Construction Signs.
Construction signs not exceeding 32 square feet may be maintained in any zone on an active construction site. A valid permit must be obtained prior to erection of the sign. Any such sign(s) shall be removed not later than three working days after the Building Department shall have determined the project to be completed.
(Ord. 1927 § 2, 2017)
§ 17.15.150 Flags, Banners, Pennants, Balloons, Window and Interior Signs.
A.
Use. The use of flags, banners, pennants, balloons, and exterior window signs is prohibited except in connection with promotional sales sign programs of businesses which meet the requirements as described in this chapter.
B.
Time Limitations. Flags, banners, pennants, and exterior window signs will be permitted for a maximum of eight weeks within each quarter.
D.
Maximum Number. Not more than one banner or pennant shall be displayed on each frontage on a public street, right-of-way, or parking lot.
(Ord. 1927 § 2, 2017)
§ 17.15.160 Residential Signs-General.
Except as provided in Section 17.15.100, no outdoor advertising sign shall be erected, installed, or maintained for the identification or advertising of any residential use except as permitted herein; provided, further, that the following additional provisions shall apply:
A.
All signs shall be stationary;
B.
No signs, excepting nameplates, shall be directly lighted;
C.
Roof signs shall be prohibited;
D.
All signs shall be subject to review and approval by the design review board.
(Ord. 1927 § 2, 2017)
§ 17.15.170 Single-Family Residences.
A.
Identification Signs. Two single-faced or one double-faced identification sign at the main point of entry to the development, containing only the name and street address of the development, not exceeding 24 square feet in area for each face, and not exceeding four feet in height. One additional 24 square foot, four-foot high single-faced identification sign shall be permitted along any other public street right-of-way upon which the property has frontage, providing such street frontage exceeds 330 feet. The setback of the particular zone shall apply.
(Ord. 1927 § 2, 2017)
§ 17.15.180 Multiple-Family Residences.
In addition to signs authorized in Section 17.15.100, the following signs may be permitted:
A.
Identification Signs. Two single-faced or one double-faced identification sign at the main point of entry to the development, containing only the name and street address of the development, not exceeding 24 square feet in area for each face, and not exceeding four feet in height. One additional 24 square foot, four-foot-high single-faced identification sign shall be permitted along any other public street right-of-way upon which the property has frontage providing such street frontage exceeds 330 feet. The setbacks of the particular zone shall apply.
B.
For Sale, Lease, or Hire Signs. One unlighted sign not to exceed 12 square feet in area pertaining only to the sale, lease or hire of the particular building, property or premises upon which displayed.
C.
Temporary Identification and Advertising Signs. One on-site sign not exceeding 50 square feet in area. Such sign shall be permitted for a period of time not to exceed six months and may be renewed for one additional six month period. Such sign shall pertain only to the development on the property.
(Ord. 1927 § 2, 2017)
§ 17.15.190 Highway Commercial Signs-General.
No sign shall be erected, installed, or maintained on any highway-commercially zoned property or property used for highway commercial purposes except as provided hereinafter.
(Ord. 1927 § 2, 2017)
§ 17.15.200 Highway Commercial Zone-Attached Signs.
A.
Attached signs as defined in this chapter, either lighted or unlighted, may be permitted on any building or structure in any highway commercial zone when used for any highway commercial use, excepting a service station, subject to the provisions of this chapter and as provided in this section.
B.
Allowable Sign Area. The maximum allowable area of any attached sign shall be based on a calculation of the linear dimension(s) of the building face(s) fronting on a public street, right-of-way, or parking lot, as follows:
1.
Single-Occupancy Buildings. Allowable sign area shall not exceed one square foot for each linear foot of building face. One sign shall be permitted for each separate building frontage on a public street, right-of-way, or parking lot. In no case shall any such sign(s) exceed 120 square feet in area.
2.
Multiple-Occupancy Buildings. In the case of a multiple-occupancy commercial site having a common wall or walls, the allowable attached sign area shall be one square foot per foot of building face. One sign shall be permitted for each street frontage of each separate occupancy. In no case shall any such sign(s) exceed 120 square feet in area.
(Ord. 1927 § 2, 2017)
§ 17.15.210 Highway Commercial Zone-Detached Signs.
Excepting as provided in Section 17.15.100, Special signs permitted—General, detached signs shall be permitted in the CH highway commercial zone, subject to the following limitations:
A.
Allowable Number of Signs. Not more than one detached identification sign shall be permitted for each lot frontage along a public street, except as permitted in subsection E of this section.
B.
Allowable Height of Permitted Signs.
1.
Sites of Five Acres or Less. Detached signs shall not exceed 12 feet in height.
2.
Sites of More than Five Acres. Detached signs shall not exceed 16 feet in height.
3.
Attachments to Permitted Signs. There shall be no attachment of other signs or panels to detached signs unless approved by the design review board.
C.
Area of Permitted Signs. One hundred square feet.
D.
Sign Incentive. Where a multiple-occupancy building utilizes only a monument sign as a detached sign containing no more than 60 square feet in area and not exceeding eight feet in overall sign height, a second monument sign, not to exceed 60 square feet in area and a maximum of eight feet in height, may be permitted on the same street frontage, provided the monument signs are separated by a minimum of 100 feet.
E.
Sign Setback. No detached sign, as permitted in this section, shall be located less than 15 feet from any property line separating the multiple-occupancy center from another property.
F.
Internal Directory. One internal directory sign containing a list of businesses located in a multiple-use center, not exceeding six feet in height and a maximum of 48 square feet in area, shall be permitted adjacent each main entry drive of a commercial center provided such sign is located a minimum of 50 feet from a public street and further provided that such sign is not designed to be readily visible from a public street.
(Ord. 1927 § 2, 2017)
§ 17.15.220 Highway Commercial Zone-Electronic Changeable-Copy Signs.
Electronic changeable-copy signs shall not be permitted in the HC highway commercial zone, except by the issuance of a conditional use permit or pursuant to a relocation agreement as provided under Section 17.15.090. Electronic changeable-copy signs approved pursuant to a conditional use permit, but not relocated off-premises advertising displays approved in accordance with Section 17.15.090, shall be subject to the following requirements:
A.
Site. The minimum site area for any proposed electronic changeable-copy signs shall be no less than two and one-half acres, with no less than 250 feet of lineal frontage on a major arterial or freeway, as defined by the circulation element of the general plan, excepting Euclid Avenue Scenic Corridor, where such electronic changeable-copy signs as discussed in this section shall be prohibited.
B.
Land Use. The installation of an electronic changeable-copy sign shall be limited to those uses which are characterized by specialized outdoor sales, as follows: Those uses which rely on the outside display of merchandise as a primary means of business, with 80 percent or more of this merchandise placed outdoors. This description shall include such enterprises as car dealerships, recreational vehicle sales and home improvement centers in such locations where such uses are permitted. This land use requirement shall not be satisfied by agencies for the sales, leasing or brokering of automobiles, recreational vehicles or other similar merchandise for which the merchandise is stored at another location.
C.
Allowable Height. The allowable height of an electronic changeable-copy sign shall be established by a line-of-site study; however, in no case shall the height exceed 25 feet.
D.
Allowable Sign Area. The allowable sign area of an electronic changeable-copy shall not exceed 100 square feet, with an additional 25 square feet of sign area being permitted for other general identification.
E.
Allowable Number of Signs. No more than one electronic changeable-copy sign shall be permitted per site.
F.
Sign Setbacks.
1.
Driveways, Buildings or Other Obstructions. No electronic changeable-copy sign shall be located closer than three feet to the nearest driveway, building or other obstruction.
2.
Side Property Lines. No electronic changeable-copy sign shall be located less than 25 feet from any adjacent side property line.
3.
Front Property Lines. No electronic changeable-copy sign shall be located closer than five feet from the front property line to any portion of the sign, excepting on those properties which have frontage on a public right-of-way with a width of 175 feet or greater.
G.
Design Standards. All proposed electronic changeable-copy signs and attendant landscaping and irrigation plans shall be subject to review of the design review board. The recommendations of the design review board shall be presented to the Planning Commission, during consideration of the conditional use permit. The scope of review by the design review board shall include consideration of all the following:
1.
That the proposed sign displays are proportional to its face and its supporting structures;
2.
That the proposed sign and its supporting structure contains a full architectural treatment which is consistent with and complementary to the architectural design, massing, color, size and treatment of the business itself; and is harmonious with the general character of immediately surrounding properties;
3.
That the proposed sign site shall incorporate dense landscaping, to visually reduce the mass and size of the sign as it appears from all public rights-of-way. Such landscaping may include the provision of berming, street trees, on-site landscape islands and landscaped setbacks, as needed, to provide an appropriate context for the proposed sign. The sign itself shall be placed within a landscaped and irrigated planter area;
4.
That the proposed sign shall serve as the primary identification sign for the property, and shall replace any other existing primary identification structure which serves this purpose;
5.
That the sign does not distract motorists or create other traffic or safety hazards.
H.
Conditions. Prior to the approval of a conditional use permit for an electronic changeable-copy sign, the Planning Commission shall impose the following requirements, together with any additional conditions deemed necessary:
1.
That the changeable commercial message display intervals shall change no more frequently than once every eight seconds; and that blinking and/or moving characters shall be prohibited;
2.
That a time and temperature display of at least eight seconds shall be required to appear during every two minutes of operation;
3.
That public service messages shall constitute 10 percent of the messages displayed during each one-hour period. These public service messages are in addition to the required time and temperature displays. All public service messages shall be subject to City approval and shall be reviewed on an annual basis, or as deemed necessary;
4.
That the sign shall be properly maintained so that inoperative or improperly lighted bulbs do not impair the appearance and legibility of the sign;
5.
That no off-site advertising or messages, other than public service information approved by the City, shall be displayed;
6.
That the proposed sign will not create a traffic hazard by distracting drivers or any obstructing traffic visibility;
7.
That the electronic changeable-copy sign shall be screened, tinted, shielded or otherwise modified, as necessary, to eliminate excessive glare, as deemed sufficient by the Planning Director.
I.
Findings. Approval of a conditional use permit for an electronic changeable-copy sign shall include the following findings:
1.
That the proposed electronic changeable-copy sign serves a legitimate advertising need for a specialized outdoor sales operation;
2.
That the proposed sign will not be disruptive to other properties and land uses within 300 feet;
3.
That the proposed sign does not disrupt a view or scenic corridor identified in the City's general plan;
4.
That the proposed sign incorporates sufficient landscaping to visually mitigate the height, mass and size of the sign;
5.
That the proposed sign is designed to complement and enhance the architectural features of the proposed site and its surroundings;
6.
That the proposed sign does not create a traffic hazard;
7.
That the proposed sign is to be installed in conjunction with a comprehensive plan of site renovation and enhancement.
(Ord. 1927 § 2, 2017)
§ 17.15.230 All Commercial and Professional Zones, Including OP, NC, RC, CA (Excepting HC and MU).
No sign shall be erected, installed, or maintained on any commercially or professionally zoned property used for commercial or professional purposes except as provided herein or pursuant to a relocation agreement as provided under Section 17.15.090.
(Ord. 1927 § 2, 2017)
§ 17.15.240 Commercial or Professional Zone, Excepting HC-Attached Signs.
A.
Attached signs as defined in this chapter, either lighted or unlighted, may be permitted on any building or structure in any commercial or professional zone (excepting HC) when used for any commercial or professional use, excepting a service station, subject to the provisions of this chapter and as provided in this section.
B.
Allowable Sign Area. The maximum allowable area of any attached sign shall be based on a calculation of the linear dimension(s) of the building face(s) fronting on a public street, as follows:
1.
Single-Occupancy Buildings. Allowable sign area shall not exceed one square foot for each linear foot of building face. A maximum of two signs shall be permitted for each separate building frontage on a public street.
2.
Multiple-Occupancy Buildings. In the case of a multiple-occupancy commercial or professional site having a common wall or walls, the allowable attached sign area shall be one-half square foot per foot of building face. In no case shall any such sign(s) exceed 60 square feet in area.
(Ord. 1927 § 2, 2017)
§ 17.15.250 Commercial or Professional Zone, Excepting HC-Detached Signs.
Excepting as provided in Section 17.15.100, Special Signs Permitted—General, the following limitations shall apply for all single-and multiple-occupancy uses in all commercial (excepting HC) and professional zones provided hereinafter.
A.
Allowable Number of Signs. Not more than one detached identification sign shall be permitted for each lot frontage along a public street.
B.
Allowable Height of Permitted Signs. Detached signs shall not exceed eight feet in height and shall be constructed to be architecturally compatible with the adjacent building.
C.
Attachments to Permitted Signs. There shall be no attachment of other signs or panels to detached signs unless approved by the design review.
D.
Area of Permitted Signs. Thirty-six square feet.
E.
Sign Setback. No detached sign as permitted in Section 17.15.210 shall be located less than 15 feet from any property line separating one parcel from another parcel.
F.
Internal Directory. One internal directory sign containing a list of businesses located in a multiple-use center, not exceeding five feet in height and a maximum of 20 square feet in area shall be permitted adjacent each main entry drive of a commercial center provided the sign is located a minimum of 50 feet from a public street and further provided that the sign is not designed to be readily visible from a public street.
(Ord. 1927 § 2, 2017)
§ 17.15.260 Industrial Signs.
Signs and outdoor advertising are permitted in any industrial zone provided they are located on the premises of the use to which such signs pertain and subject to the following provisions.
A.
Attached Signs. The following limitations shall apply for any industrial zone excepting in the airport industrial zone, wherein the provisions of Section 17.15.190, Highway Commercial Signs—General, shall apply:
1.
Single-Occupancy Buildings. Allowable sign area shall not exceed one-half square foot for each linear foot of building face. A maximum of two signs shall be permitted for each separate building frontage on a public street. An allowable sign area of three-quarters square feet for each linear foot of building shall be permitted where only one sign exists per street frontage.
2.
Multiple-Occupancy Buildings. In the case of a multiple-occupancy industrial site having a common wall or walls, the allowable attached sign area shall be one square foot per linear foot of building face. In no case shall any such sign exceed 120 square feet in area.
B.
Detached Signs. The following limitations shall apply for any industrial zone excepting in the airport industrial zone, wherein the provisions of Section 17.15.190, Highway Commercial Signs—General, shall apply:
1.
Maximum Number of Signs. Not more than one sign shall be located in any 100 feet of lot frontage and such signs shall be not less than 100 feet from the closest other sign; provided, however, that lots of record at the effective date of Ordinance No. 553, April 20, 1958, shall be permitted to have at least one sign for each such lot.
2.
Sign Setback. Minimum setback from residential or agricultural districts shall be not less than 50 feet. The minimum setback for an industrial zone totally within an industrial area shall not be less than 10 feet.
3.
Area of Signs. The maximum allowable area of freestanding signs shall be 48 square feet.
C.
Directional Signs. Signs used for directional purposes are permitted in these zones. Such signs shall not be larger than 50 square feet in area.
D.
Internal Directory. One internal directory sign containing a list of businesses located in a multiple-use center, not exceeding six feet in height and a maximum of 48 square feet in area shall be permitted adjacent each main entry drive of a commercial center provided the sign is located a minimum of 50 feet from a public street and further provided that the sign is not designed to be readily visible from a public street.
(Ord. 1927 § 2, 2017)
§ 17.15.270 Signs in Special Purpose Zones or Areas, Including Agricultural Zones.
A.
Signs in P Parking District. No signs, billboards, or advertising statuary, other than those referring to sponsorship, availability, and charges for parking space on a lot shall be permitted. The provisions of Section 17.15.080 and the following shall apply:
1.
One sign for each entrance to a parking lot shall be permitted provided that the sign shall not exceed one-half square foot of area for each one linear foot of street fronting upon the subject lot, and further provided that no single sign shall exceed 48 square feet in area.
2.
Exit signs not to exceed six square feet in area shall be permitted at each exit from the parking lot to any abutting street or alley.
B.
Signs in OS Open Space, Agricultural and SP Special Land Use Zones. No outdoor advertising structures shall be permitted in the OS, SP, Ag-C-40, or Ag40 zones except identification signs not exceeding 75 square feet in area erected for the convenience of the public as determined by the design review board.
C.
Permitted Signs for Automotive Service Stations. All signs and advertising displays shall be in accordance with the provisions of Chapter 17.22, Automotive and Vehicle Service, Sales and Storage.
D.
Detached Signs on Euclid Avenue. Detached signs on Euclid Avenue are expressly prohibited except for a business with frontage on Euclid Avenue which may have such detached sign as may be approved by the design review board, providing the business can demonstrate to the design review board the following facts:
1.
That the allowable attached sign will not be adequately visible to attract business from public street traffic by reason of the obstruction of adjacent buildings, landscaping, setback line of the applicant's own business or other cause; and
2.
That the proposed sign and the proposed placement thereof will blend harmoniously with the surrounding property and the beauty of Euclid Avenue. The decision of the design review board shall be appealable to the Council upon the same terms and conditions as any decision of the design review board is appealable in pursuance to the terms of this Code.
E.
Signs in the Scenic Corridor Overlay Zone. All signs and advertising displays shall be in accordance with the provisions of Section 17.09.030, Scenic Corridor Overlay Zone.
F.
Electronic Changeable-Copy Signs at High Schools.
1.
Land Use/Applicability. This section regulates the installation of an electronic changeable-copy sign at a high school within the Public/Institutional (PB/I) zone. "Animated signs" are not permitted.
2.
Review Authority.
a.
All applications for a permit required by this chapter must be made in writing on such form as the Development Services Director prescribes.
b.
The Development Services Director or designee shall approve, conditionally approve, or deny all applications.
c.
The Development Services Director or designee may choose to refer any application to the Planning Commission for review and final decision.
3.
Application Required. No electronic changeable-copy sign shall be constructed, located or modified within the City on any property, including the public right-of-way, without the approval of an application and issuance of a permit as required by this chapter, and in compliance with all provisions of this chapter.
4.
Allowable Height. The maximum allowable height of an electronic changeable-copy sign shall be 18 feet.
5.
Allowable Sign Area. The allowable sign area of an electronic changeable-copy shall not exceed 60 square feet, with an additional 25 square feet of sign area being permitted for other general identification.
6.
Allowable Number of Signs. No more than one electronic changeable-copy sign shall be permitted per site.
7.
Sign Setbacks.
a.
Driveways, Buildings, or Other Obstructions. No electronic changeable-copy sign shall be located closer than three feet to the nearest driveway, building, or other obstruction.
b.
Side Property Lines. No electronic changeable-copy sign shall be located less than 25 feet from any adjacent side property line.
c.
Front Property Lines. No electronic changeable-copy sign shall be located closer than five feet from the front property line to any portion of the sign, except when the City of Upland Grants an Encroachment License Agreement for a sign within the public right-of-way.
d.
Vision Triangles. Vision triangles required under Section 17.10.060(C) shall be maintained.
8.
Location Standards. Signs shall be located adjacent to a public street and shall not face onto solely residential zoned property.
9.
Design Standards. All proposed support structures for an electronic changeable-copy signs shall include decorative materials and the sign structure shall be placed within a decorative landscape planter.
10.
Findings. Approval of a sign design/criteria review for an electronic changeable-copy sign shall include the following findings:
a.
That the proposed electronic changeable-copy sign serves a high school within a Public (PB) zone.
b.
That the light and glare generated from the proposed sign will not be disruptive to other properties and land uses within 300 feet of the sign.
c.
That the proposed sign does not disrupt a view or scenic corridor identified in the City's General Plan.
d.
That the proposed sign does not create a traffic hazard.
11.
Conditions of Approval. The review authority may add conditions of approval to the operation of the sign to ensure the protection of public health, safety and welfare in addition to the following:
a.
That the changeable message display intervals shall change no more frequently than once every eight seconds; and that blinking and/or moving characters, except when necessary to transition to the next message, shall be prohibited;
b.
That the sign shall be properly maintained so that inoperative or improperly lighted bulbs do not impair the appearance and legibility of the sign;
c.
That no off-site advertising or messages shall be displayed excepting City of Upland messaging;
d.
That the electronic changeable-copy sign shall be screened, tinted, shielded or otherwise modified, as necessary, to eliminate excessive glare, as deemed sufficient by the Development Services Director; and
e.
That the sign shall be dimmed to a maximum of 20 percent brightness capacity between the hours of 10:00 p.m. and 6:00 a.m., in order to reduce light and glare impacts.
(Ord. 1927 § 2, 2017; Ord. 1952 § 3, 2021)
§ 17.15.280 Appeals.
Any decision by the Community Development Director, administrative committee, or design review board pertaining to signs may be appealed pursuant to Chapter 17.47, Referrals, Appeals, and Calls for Review, of the Upland Municipal Code.
(Ord. 1927 § 2, 2017)
§ 17.16.010 Purpose.
The purpose of this chapter is to prescribe standards applicable to property maintenance and use. In the interest of protecting the public's health, safety, and welfare, these standards are intended to enhance the value, development, appearance, and character of the community.
§ 17.16.020 Applicability.
The property maintenance and use standards shall apply to all properties within the City, unless stated otherwise. These standards shall be enforced in the manner determined to be the most appropriate in accordance with other applicable procedures as established in Upland Municipal Code Chapter 1.16 (Penalty Provisions), Chapter 8.16 (Abatement of Nuisance Buildings), as well as any other procedures available in State or Federal law. Property owners are responsible for ensuring compliance with all maintenance requirements for their property(ies), regardless of whether or not they occupy or lease the property(ies).
§ 17.16.030 Outdoor Storage Maintenance.
A.
Single-Family Lots/Parcels.
1.
Front Yards and Side Yards (Street Abutting). Front yards, side yards, porches, and any area on a property visible from the public right-of-way, adjacent street or alley, shall be maintained free of all storage, construction materials, automotive parts, landscaping equipment and tools, refuse, debris, trash receptacles, inoperative vehicles, dismounted camper shells, discarded or broken materials, appliances, furniture, unhitched trailers, storage pods, or similar materials and equipment.
2.
Side and Rear Yards. Storage of materials and equipment shall be screened by permitted walls, fences, storage buildings, and/or landscaping materials from any abutting property, street, alley and right-of-way, and shall not occupy more than 10 percent of the lot area.
3.
Vehicles.
a.
Parking of licensed vehicles shall occur within a garage or carport, on an approved driveway, or on an approved paved parking area.
b.
Except for vehicles weighing less than three tons (unladen), parking of any commercial vehicle, commercial trailer, or related commercial equipment shall be prohibited. No more than two commercial vehicles may be parked on any single-family residential lot or parcel.
c.
Emergency or minor repairs to a vehicle owned by a person residing upon the parcel may be conducted on a paved driveway or parking area. Repairs shall be concluded within 72 hours of commencement.
d.
Parking of one inoperative vehicle may be permitted in the rear or side yard setback of a lot for up to 180 days, provided such vehicle is screened from public view by a legally permitted and solid six-foot fence.
e.
Tarps shall not be used to enclose any parking space in any circumstance. The use of tarps for vehicle covers, boat covers or temporary canopies, and/or awnings is prohibited in any outdoor area visible from any public right-of-way.
4.
Trash Receptacles.
a.
The exterior collection area shall consist of an area for the storage of three 110-gallon mobile containers for each residential unit.
b.
All residential projects shall provide a minimum of three cubic feet of space for the collection and storage of refuse and recyclable material within each residence.
c.
Refuse and recycling bins may not be placed for collection before 12:00 p.m. on the day preceding scheduled collection, and must be removed no later than 12:00 p.m. on the day following the scheduled collection. Containers must be placed for collection along the curb in front of the dwelling where the refuse was generated.
d.
Enclosures shall be located so that refuse and recyclables collection activities do not block driveways accessing the property.
e.
For developments designed to store refuse and recycling bins within the garage, the bins shall be stored in an area outside of the required 20-foot by 20-foot clear area for parking.
f.
If storing bins out of public view is physically impossible, bins may be stored adjacent to the side of the house or garage in an area behind the front yard setback that is specifically designed to accommodate the bins, and shall be softened with landscaping to the greatest extent possible.
B.
Multi-Family Lots/Parcels.
1.
Yards. Front yards, side yards, porches, and any area on a property visible from the public right-of-way, adjacent street or alley, shall be maintained free of all storage, construction materials, automotive parts, landscaping equipment and tools, refuse, debris, trash receptacles, inoperative vehicles, dismounted camper shells, discarded or broken materials, appliances, furniture, storage pods, or similar materials and equipment. In addition, trash bins shall be placed on the street or alley no earlier than 12 hours prior to pick up, and removed from the street or alley within 12 hours after pick-up.
2.
Vehicles.
a.
Parking of licensed vehicles shall occur within a garage or carport, on an approved driveway, or on an approved paved parking area. Storage of materials shall not restrict the parking of a vehicle in the required parking space.
b.
Parking of licensed vehicles in a side yard shall maintain at least a three-foot pedestrian accessway on one side of the side yard.
c.
Except for vehicles weighing less than three tons (unladen), parking of any commercial vehicle, commercial trailer, or related commercial equipment shall be prohibited.
d.
Emergency or minor repairs to a vehicle owned by a person residing upon the parcel may be conducted on a paved driveway or parking area. Repairs shall be concluded within 72 hours of commencement.
e.
Tarps shall not be used to enclose any parking space in any circumstance. The use of tarps for vehicle covers, boat covers or temporary canopies, and/or awnings is prohibited in any outdoor area visible from any public right-of-way.
3.
Trash Receptacles.
a.
Developments containing six units or more shall provide one trash enclosure for every 15 dwelling units, with a minimum of one enclosure required. Developments of five units or less may be exempted from provision of a trash enclosure; however, trash containers shall be properly stored or screened from public view to the satisfaction of the Development Services Director.
b.
Storage enclosures shall be sufficient in size to hold two or more standard three-cubic-yard bins or compactor of equal storage capacity. Each enclosure shall provide sufficient area for the collection of refuse and recyclable materials.
c.
In the event that any exterior refuse storage area cannot be located within 100 feet of walking distance from the living unit it serves, individual trash compactors shall then be required for each unit that is more than 100 feet from the storage area. In any event, no storage area within a multiple-family residential development shall be greater than 250 feet from any living unit.
d.
Trash bins shall be fully enclosed. Solid metal doors shall be installed. Adequate room shall be provided within the enclosure to accommodate bins used for recyclable materials in addition to the standard trash bins.
e.
Bins shall be enclosed by a six-foot-high decorative masonry block wall and solid gates to entirely obscure bins from view.
f.
Gates shall be fitted with self-closing door devices with cane bolts in front of the masonry block walls to secure the gates when in the open position. Gates should be equipped with rod locks and corresponding rod holes to secure gates in both the open and closed gate positions.
g.
Enclosures for refuse and recyclable materials bins shall be provided with a separate walk-in entrance no greater than four feet in width.
h.
Refuse/recycling enclosure shall be located outside of all required setback areas.
i.
Enclosures shall be located so as to minimize noise, odor and aesthetic impacts on dwelling units.
j.
A sign clearly identifying all refuse and recycling collection areas shall be posted adjacent to all points of access to the enclosure.
k.
As a condition of permit approval, a project applicant may be required to develop a written recycling plan to be reviewed and approved by the Development Services Director. At a minimum, the recycling plan shall include:
i.
Identification of targeted materials to be recycled;
ii.
Collection frequency of refuse collection and recycling service;
iii.
Refuse collection and recycling company authorized by the City to provide solid waste handling services; and
iv.
Method of recycling program promotion and communication with tenants, business owners and their employees.
l.
Refuse storage and recycling areas shall be used only for the storage of refuse and recycling materials.
m.
Refuse storage and recycling areas shall be kept in a neat and orderly condition and in good repair at all times.
C.
Non-Residential Lots/Parcels.
1.
Accessory. Stored items and/or vehicles shall be incidental to the business or owned by the business or owner of the business.
2.
Yards. Storage items shall be maintained in a neat and orderly fashion within yard areas approved by the City or permitted by this title.
3.
Screening. The storage area shall be screened with fences, walls, solid hedges, or other methods approved by the Development Services Department. Chain link fencing with or without slats is not allowed.
4.
Height. The height of stored merchandise, materials, or equipment shall not exceed the height of the screening element(s).
5.
Vehicles.
a.
Parking of licensed vehicles shall occur within a garage or carport, on an approved driveway, or on an approved paved parking area.
b.
Parking of licensed vehicles in a side yard shall maintain at least a three-foot pedestrian accessway on one side of the side yard.
c.
Tarps shall not be used to enclose any parking space in any circumstance. The use of tarps for vehicle covers, boat covers or temporary canopies, and/or awnings is prohibited in any outdoor area visible from any public right-of-way.
6.
Trash Receptacles.
a.
The minimum number of bins shall be as determined by the Development Services Director, based upon the type, size and intensity of development, and the anticipated frequency of trash/recyclables pick-up.
b.
Bins containing recyclable materials shall provide covers or lids to protect against weather conditions that might render the materials unmarketable.
c.
Bins shall be enclosed by a six-foot-high decorative masonry block wall and solid gates to entirely obscure bins from view.
d.
Gates shall be fitted with self-closing door devices with cane bolts in front of the masonry block walls to secure the gates when in the open position. Gates should be equipped with rod locks and corresponding rod holes to secure gates in both the open and closed gate positions.
e.
Enclosures for refuse and recyclable materials bins shall be provided with a separate walk-in entrance no greater than four feet in width.
f.
Refuse/recycling enclosure shall be located outside of all required setback areas.
g.
A sign clearly identifying all refuse and recycling collection areas shall be posted adjacent to all points of access to the enclosure.
h.
As a condition of permit approval, a project applicant may be required to develop a written recycling plan to be reviewed and approved by the Development Services Director. At a minimum, the recycling plan shall include:
i.
Identification of targeted materials to be recycled;
ii.
Collection frequency of refuse collection and recycling service;
iii.
Refuse collection and recycling company authorized by the City to provide solid waste handling services; and
iv.
Method of recycling program promotion and communication with tenants, business owners and their employees.
i.
Refuse storage and recycling areas shall be used only for the storage of refuse and recycling materials.
j.
Refuse storage and recycling areas shall be kept in a neat and orderly condition and in good repair at all times.
D.
Mixed-Use Lots/Parcels.
1.
Separate Use Requirements. Where residential and nonresidential uses are situated in the same building or in nearby buildings on the same site, each component of the development shall meet the outdoor storage maintenance criteria for the respective land use category as indicated in subsections A through C of this section.
(Ord. 1918 § 1, 2017)
§ 17.16.040 Outdoor Display.
A.
Outdoor display of the following merchandise shall be allowed without screening, subject to the requirements in Subsection C of this section:
1.
Flowers and plants;
2.
Clothing and apparel;
3.
Food products;
4.
Handcrafted products and goods;
5.
Artwork and pottery;
6.
For-rent recreational equipment (e.g., bicycles, roller skates, surf boards, etc.);
7.
Operable boats, motor vehicles, motorcycles, and trucks;
8.
Limited on-site walkway displays adjacent to buildings; and
9.
Other merchandise that the Development Services Director finds to be similar in character, type, or nature to the merchandise listed above.
B.
Outdoor display of merchandise that is not listed in Subsection A of this section may be allowed, subject to the requirements in Subsection C of this section; provided, that the display area is screened by fences, walls, landscaping, or a combination of these screening elements. The height of displayed merchandise, materials, or equipment shall not exceed the height of the screening element(s).
C.
Outdoor display/sales areas shall comply with all of the following:
1.
Fences or walls shall screen a display/sales area located on the side of a lot where visible from residential uses or residentially zoned lots.
2.
A display/sales area shall be on private property and shall not encroach on required parking areas or landscaped areas.
3.
The display/sales area shall be directly related to an allowed use occupying a principal structure on the same premises.
4.
Displayed merchandise shall not obstruct traffic sight areas; encroach upon landscaped areas, driveways, parking spaces, access ways, or pedestrian walkways; or otherwise create hazards for vehicle or pedestrian traffic.
5.
The outdoor display of merchandise shall only be allowed during regular hours of operation, except for vehicle sales/rentals and nurseries.
6.
Additional signs, beyond those normally allowed for the subject use, shall not be provided for the outdoor display and sales area.
§ 17.16.050 Structure Maintenance.
A.
Structures and paved areas shall be structurally sound and maintain a clean and orderly appearance.
B.
Structures or paved areas displaying any, but not limited to, evidence of the following shall be considered substandard and in violation of this section:
1.
Broken or missing foundation.
2.
Warping, bowing, or sagging of headers, sills, beams, eaves, doorways, doorjambs, or other similar structural members.
3.
Inadequate site drainage and/or standing water adjacent to building foundations.
4.
Broken or inoperable sanitary and plumbing facilities and/or fixtures.
5.
Faulty, sagging, or leaking roof or rain gutter.
6.
Missing roof tiles or other visible roofing material(s).
7.
Broken or missing windows.
8.
Holes in siding.
9.
Peeling or cracking paint.
C.
Damaged or deteriorating structures shall be repaired immediately.
§ 17.16.060 Fence and Wall Maintenance.
§ 17.16.070 Parking Maintenance.
A.
Parking, loading, driveway, and vehicle maneuvering areas shall be maintained free of trash, debris, standing water, inoperative vehicles, and abandoned items.
B.
Parking areas and similar surfaces shall be maintained free of potholes, sinkholes, and other structural damage such as fissures and surface uplift.
C.
Parking areas and similar surfaces shall be periodically resurfaced or sealed to minimize water seepage.
D.
Faded or damaged parking delineation, pavement striping, signs, and related features shall be repainted, refurbished, and/or replaced immediately.
§ 17.16.080 Landscape Maintenance.
A.
Landscaped areas shall be maintained free of weeds, debris, and diseased or dead vegetation.
B.
Landscaped areas shall be mowed, groomed, trimmed, pruned, and watered to maintain healthy, growing conditions.
C.
Irrigation systems and decorative elements shall be maintained in good working condition and, when damaged, repaired immediately to prevent leaks or public health hazards.
§ 17.17.010 Purpose.
This chapter is intended to provide incentives for the development of affordable housing. Specifically, this chapter will outline the incentives and concessions aimed at encouraging the production of housing for very low, low income, and senior households; and for the production of for-sale housing for moderate-income households, pursuant to Government Code Sections 65915-65918.
§ 17.17.020 Applicability.
This chapter shall apply to all zones where residential developments of three or more dwelling units are proposed and where the applicant proposes density beyond that permitted by the applicable zone.
§ 17.17.030 Authority.
The Development Services Director or designee shall take action on a Density Bonus pursuant to Part 5 (Administration, Permits, and Approvals) of the Zoning Ordinance, except for senior housing projects in zones where an Administrative Use Permit or Conditional Use Permit requires a higher review authority.
§ 17.17.040 Calculation of Density Bonus.
In order to qualify for a density bonus, an applicant for a housing development shall construct at least one of the following options below.
A.
At least 5 percent of the total units of a housing development for very low-income households, as defined in Section 50105 of the California Health and Safety Code.
B.
At least 10 percent of the total units of a housing development for low-income households, as defined in Section 50079.5 of the California Health and Safety Code.
§ 17.17.050 Amount of Density Bonus.
A.
In calculating the number of density bonus units to be granted, the applicant shall elect whether the bonus shall be awarded on the basis of Subsection A, B, C, or D of Section 17.17.040 (Calculation of Density Bonus). For the purposes of this section, "total units" does not include units added by a density bonus awarded.
1.
Housing developments with very low income units equaling 5 percent of the total residential units shall be permitted a 20 percent density bonus plus a 2.5 percent increase in density bonus for each 1 percent increase in the percentage of very low income units above 5 percent, up to a maximum of 35 percent, as shown in Table 17.17-1 (Density Bonus for the Provision of Very Low Income Units).
TABLE 17.17-1 DENSITY BONUS FOR THE PROVISION OF VERY LOW INCOME UNITS | |
|---|---|
Percentage Very Low Income Units | Percentage Density Bonus |
5 | 20 |
6 | 22.5 |
7 | 25 |
8 | 27.5 |
9 | 30 |
10 | 32.5 |
11 | 35 |
2.
Housing developments with low income units equaling 10 percent of the total residential units shall be permitted a 20 percent density bonus plus a 1.5 percent increase in density bonus for each 1 percent increase in the percentage of low income units above 10 percent, up to a maximum of 35 percent, as shown in Table 17.17-2 (Density Bonus for the Provision of Low Income Units).
3.
For housing developments meeting the criteria of Section 17.17.040(C) for the provision of senior housing or age-restricted mobile home parks, the density bonus shall be 20 percent of the number of senior housing units provided. Density bonus for senior housing units provided shall be in addition to any bonus for low-income units, up to a maximum of 35 percent.
TABLE 17.17-2 DENSITY BONUS FOR THE PROVISION OF LOW INCOME UNITS | |
|---|---|
Percentage Low Income Units | Percentage Density Bonus |
10 | 20 |
11 | 21.5 |
12 | 23 |
13 | 24.5 |
14 | 26 |
15 | 27.5 |
16 | 29 |
17 | 30.5 |
18 | 32 |
19 | 33.5 |
20 | 35 |
4.
Housing developments with moderate income units equaling 10 percent of the total residential units shall be permitted a 5 percent density bonus plus a 1 percent increase in density bonus for each 1 percent increase in the percentage of moderate income units above 10 percent, up to a maximum of 35 percent, as shown in Table 17.17-3 (Density Bonus for the Provision of Moderate Income Units).
TABLE 17.17-3 DENSITY BONUS FOR THE PROVISION OF MODERATE INCOME UNITS | |
|---|---|
Percentage Moderate Income Units | Percentage Density Bonus |
10 | 5 |
11 | 6 |
12 | 7 |
13 | 8 |
14 | 9 |
15 | 10 |
16 | 11 |
17 | 12 |
18 | 13 |
19 | 14 |
20 | 15 |
21 | 16 |
22 | 17 |
23 | 18 |
24 | 19 |
25 | 20 |
26 | 21 |
27 | 22 |
28 | 23 |
29 | 24 |
30 | 25 |
31 | 26 |
32 | 27 |
33 | 28 |
34 | 29 |
35 | 30 |
36 | 31 |
37 | 32 |
38 | 33 |
39 | 34 |
40 | 35 |
B.
All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
C.
The applicant may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required affordable units.
D.
The applicant is not entitled to a density bonus of more than 35 percent. However, the City may grant a density bonus greater than 35 percent if the applicant satisfies additional requirements set down in this chapter as determined by the Development Services Director.
E.
The proposed affordable dwelling units shall be reasonably dispersed throughout the project to the satisfaction of the Development Services Director and shall be of comparable size and similar exterior.
§ 17.17.060 Affordability Requirements.
A.
Affordable units offered for rent to very low income and low-income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of 30 years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development. The units shall remain affordable as follows:
1.
Those units targeted for very-low income households shall be affordable at a rent that does not exceed 30 percent of 50 percent of area median income.
2.
Those units targeted for low-income households shall be affordable at a rent that does not exceed 30 percent of 60 percent of area median income.
B.
The applicant shall agree to and the City shall ensure that the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the condominium project or planned unit development are persons and families of moderate income. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used within three years for any of the purposes that promote homeownership. 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 initial sale.
§ 17.17.070 Incentives and Concessions.
When an applicant seeks a density bonus for the provision of affordable housing pursuant to this chapter, the City shall provide the applicant with incentives or concessions for the production of housing units and child care facilities, as prescribed in this section.
A.
An applicant for a density bonus may submit to the City a proposal for the incentives and/or concessions based on the amount and level of affordable units shown in Table 17.17-4 (Maximum Permitted Incentives/Concessions), and the findings listed in Subsection C (Findings).
TABLE 17.17-4 MAXIMUM PERMITTED INCENTIVES/CONCESSIONS | |||
|---|---|---|---|
Target Group | Restricted Affordable Units | ||
Very Low Income | 5% | 10% | 15% |
Low Income | 10% | 20% | 30% |
Moderate Income | 10% | 20% | 30% |
Maximum Incentive(s)/Concession(s) | 1 | 2 | 3 |
B.
Types of Concessions or Incentives. For the purposes of this chapter, a concession or incentive means any of the following:
1.
A reduction in site development standards or a modification of zoning code requirements or architectural design requirements required by this Zoning Ordinance, including a reduction in setbacks, density/intensity requirements, and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.
2.
Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
3.
Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions.
C.
Findings. The Development Services Director shall grant the requested incentives or concessions, unless he or she makes a written finding, based upon substantial evidence, of either of the following:
1.
The incentive or concession is not required in order to provide for affordable housing costs or to provide affordable rents.
2.
The incentive or concession would have a "specific adverse impact upon public health and safety" or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which 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. As used herein, "specific adverse impact upon public health or safety" means a significant, quantifiable, direct, and unavoidable impact, based on conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or the land use designation in the General Plan shall not constitute a specific, adverse impact upon public health or safety.
3.
The concession or incentive would be contrary to state or federal law.
D.
Waivers or Modifications of Development Standards.
1.
An applicant may seek a waiver or modification of development standards in addition to the incentives or concessions requested. The applicant shall show that:
a.
The development standards that are requested to be waived or modified will have the effect of physically precluding the construction of a housing development meeting the criteria of this chapter at the densities or with the concessions or incentives permitted by this section.
b.
The requested waivers or modification are necessary to make the housing development economically feasible.
2.
A request for a waiver or reduction shall be part of the density bonus application pursuant to Section 17.17.110 (Density Bonus Permit Procedures) and shall not require a separate variance or minor modification permit.
3.
A proposal for a waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled.
§ 17.17.080 Parking Concessions.
A.
Density bonus housing developments shall be granted the following maximum parking requirement shown in Table 17.17-5 (Parking Requirement for Density Bonus Housing Developments), inclusive of handicapped and guest parking, upon applicant's request, unless the Development Services Director makes any of the findings listed above in Section 17.17.070(C). The parking concessions shall apply to the entire development, not just the restricted affordable units. Additional parking concessions may also be requested as part of a community benefit project at the discretion of the Development Services Director, including a donation of land, consolidation of parcels, child care facility, or mixed-use development, as described in each respective section found in this chapter and in Chapter 17.18 (Community Benefit Program).
TABLE 17.17-5 PARKING REQUIREMENT FOR DENSITY BONUS HOUSING DEVELOPMENTS | |
|---|---|
Number of Bedrooms per Unit | Minimum Number of Parking Spaces per Unit |
0 to 1 bedroom | 1 on-site parking space |
2 to 3 bedrooms | 2 on-site parking spaces |
4 and more bedrooms | 2.5 on-site parking spaces |
§ 17.17.090 Donation of Land.
A.
When an applicant of a housing development of three or more dwelling units donates land to the City as provided for in this section, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density or non-residential floor area permitted for the entire development in the applicable zone.
B.
A minimum of 10 percent of land shall be donated. For each 1 percent increase above the minimum of 10 percent land donation, the density bonus shall be increased 1 percent, up to a maximum of 35 percent and subject to the findings listed in Subsection C below. This increase shall be in addition to any increase in density allowed by Section 17.17.040 (Calculation of Density Bonus), up to a maximum combined increase of 35 percent, if an applicant seeks both the increase required by this section and Section 17.17.040 (Calculation of Density Bonus).
C.
A housing development shall be eligible for the density bonus described in this section if the Development Services Director finds all of the following conditions are met:
1.
The applicant will donate and transfer the land no later than the date of approval of the final tract map, parcel map, or other development application for the housing development.
2.
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.
3.
The transferred land is at least 1.0 acre in size or of sufficient size to permit development of at least 30 units, has the appropriate general plan designation, is appropriately zoned to make the development of very low income units feasible, and will, at the time of transfer or at the time of construction, be served by adequate public facilities and infrastructure at no cost to the City.
4.
No later than the date of approval of the final tract map, parcel map, or the development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land.
5.
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with this chapter, and the restriction shall be recorded on the property at the time of dedication.
6.
The land shall be transferred to the City or to a developer approved by the City.
7.
The transferred land shall be within the boundary of the proposed development or, if the Development Services Director agrees, within a quarter mile of the boundary of the proposed development.
8.
A proposed source of funding for the very low income units shall be identified not later than the date of approval for the final tract map, parcel map, or residential development application.
§ 17.17.100 Child Care Facilities.
A.
When an applicant proposes to construct a housing development that includes affordable units and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project, the Development Services Director shall grant either of the following if requested by the applicant:
1.
An additional density bonus that is an amount of square feet or residential space that is equal to or greater than the amount of the square feet in the child care facility; or
2.
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
B.
The Development Services Director shall also require as a condition of approving the housing development the following:
1.
The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 17.17.060 (Affordability Requirements).
2.
Of the children who attend the child care facility, the children of very low income households, low income households, or moderate-income households shall be equal to or greater than the percentage of dwelling units that are required to be affordable to very low income households, low income households, or moderate-income households.
C.
Notwithstanding any requirement of this section, the Development Services Director shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
D.
Additional parking concessions may also be requested as described in Section 17.17.080 (Parking Concessions).
E.
"Child care facility," as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.
§ 17.17.110 Density Bonus Permit Procedures.
A.
Purpose. A density bonus permit is a ministerial action that allows the City to grant density bonuses, or other incentives or concessions, in exchange for affordable housing, donation of land, and the provision of child care facilities as described in this chapter.
B.
Applicability. A density bonus permit shall be required for all projects requesting a density bonus or incentive or concession beyond that permitted by the zoning district in which the subject property is located.
C.
Review Authority. The Development Services Director or designee shall take action on all administrative determination applications.
D.
Application Submittal, Review, and Action. An application for a density bonus shall be filed and reviewed in compliance with Chapter 17.43 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Development Services Department handout for density bonus, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F (Findings). The application shall include at least the following information:
1.
Site plan showing total number of units (including density bonus units) and number and location of affordable units.
2.
Level of affordability of affordable units and proposals for ensuring affordability.
3.
Description of any requested incentives, concessions, waivers, or modifications of development standards, or modified parking standards. For all incentives and concessions, the application shall include evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall show that the waiver or modification is necessary to make the development with the affordable units economically feasible and that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of Code at the densities or with the concessions or incentives permitted by Code.
4.
If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings as specified in the ordinance can be made.
5.
If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the requirements of the ordinance have been met.
E.
Public Notice and Hearing. No public notice or hearing is required for a density bonus.
F.
Findings. The Development Services Director or designee may approve an application for a density bonus only if the proposed project complies with the provisions and findings of this chapter and other applicable regulations in the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plans, and as supported by all of the following findings:
1.
The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.
2.
The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities.
3.
The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use.
G.
Conditions of Approval. The review authority may attach conditions to the approval of a density bonus permit as needed to ensure compliance with the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plan.
H.
Density Bonus Agreement.
1.
The approval of a density bonus permit, including any density bonus, incentive or concession, waiver or modification of development standards, or parking concession, shall be subject to the execution by the applicant of a density bonus housing agreement approved by the Development Services Director and the City Attorney.
2.
The density bonus housing agreement shall restrict the rental or sale of the required percentage of dwelling units in the housing development to persons or families of very low, low, or moderate income households, as applicable, for affordable housing developments, or to senior citizens for senior citizen housing developments. The density bonus agreement shall be consistent with the following provisions:
a.
Applicants requesting a density bonus shall agree to enter into a density bonus agreement with the City approved by the Director of Development Services and the City Attorney and shall be recorded as a restriction on any parcels on which the density bonus units will be constructed.
b.
The density bonus agreement shall be recorded prior to final or parcel map approval, or prior to the issuance of a building permit for any structure in the housing development. The density bonus agreement shall run with the land and bind all future owners.
§ 17.17.120 Charts for Calculating Incentives.
Very Low Income Households | ||
|---|---|---|
Percent Affordable | Amount of Density Bonus (Percentage) | Number of Incentives |
5 | 20 | 1 |
6 | 22.5 | 1 |
7 | 25 | 1 |
8 | 27.5 | 1 |
9 | 30 | 1 |
10 | 32.5 | 2 |
11 | 35 | 2 |
12 | 35 | 2 |
13 | 35 | 2 |
14 | 35 | 2 |
15 | 35 | 3 |
Low Income Households | ||
|---|---|---|
Percent Affordable | Amount of Density Bonus (Percentage) | Number of Incentives |
10 | 20 | 1 |
11 | 21.5 | 1 |
12 | 23 | 1 |
13 | 24.5 | 1 |
14 | 26 | 1 |
15 | 27.5 | 1 |
16 | 29 | 1 |
17 | 30.5 | 1 |
18 | 32 | 1 |
19 | 33.5 | 1 |
20 | 35 | 2 |
21 | 35 | 2 |
22 | 35 | 2 |
23 | 35 | 2 |
24 | 35 | 2 |
25 | 35 | 2 |
26 | 35 | 2 |
27 | 35 | 2 |
28 | 35 | 2 |
29 | 35 | 2 |
30 | 35 | 3 |
Moderate Income | ||
|---|---|---|
Percent Affordable | Amount of Density Bonus (Percentage) | Number of Incentives |
10 | 5 | 1 |
11 | 6 | 1 |
12 | 7 | 1 |
13 | 8 | 1 |
Senior Housing | ||
|---|---|---|
Percent Affordable | Amount of Density Bonus (Percentage) | Number of Incentives |
100 | 20 | 0 |