West Sacramento City Zoning Code
Division III
Citywide Regulations
§ 17.22.010 Purpose and Applicability.
The purpose of this chapter is to prescribe site regulations that apply, except where specifically stated, to development in all zones. These standards shall be used in conjunction with the standards for each zone established in Division II, Zone Regulations. In any case of conflict, the standards specific to the zone shall control.
(Ord. 19-1 § 3)
§ 17.22.020 Accessory Buildings and Structures.
A.
Applicability.
1.
Detached Structures. The provisions of this section apply to roofed structures, including, but not limited to, garages, carports, sheds, workshops, gazebos, and covered patios which are detached from and accessory to the main building on the site. These provisions also apply to open, unroofed structures such as play equipment, decks and trellises, that are over 18 inches in height and are detached from and accessory to the main building on the site.
2.
Attached Structures. The provisions of this section do not apply to accessory buildings or structures attached to the main building, which shall comply in all respects with the requirements of this title applicable to the main building. Structures with a common wall or roof with the main building shall be considered part of the main building. Allowed building projections into yards and required building separations are stated in Section 17.22.050, Encroachment into Required Setbacks.
B.
Relation to Existing Structures. A detached accessory building or structure may only be constructed on a lot on which there is a permitted main building to which the accessory building or structure is related.
C.
Development Standards. Accessory structures shall meet the development standards of the zone in which it is located except as follows:
1.
Interior Side and Rear Setbacks. Accessory buildings and structures shall be set back a minimum of 10 feet from any rear lot line and five feet from any interior side lot line except as follows.
a.
Accessory structures that do not contain conditioned space, do not exceed 12 feet in height, are 120 square feet or less, and are located a minimum of five feet behind the street facing façade of the primary structure on site may be located up to three feet from an interior side or rear property line.
2.
Additional Location Limitation, R-1, R-2, and R-2.5 Zones. In the R-1, R-2, and R-2.5 Zones, accessory structures shall be located in the rear half of the lot.
D.
Plumbing. Accessory buildings and structures may have plumbing for a washer, dryer, toilet, shower, and/or utility sink.
(Ord. 19-1 § 3)
§ 17.22.030 Development on Lots Divided by Zone Boundaries.
A.
Generally. Where a lot is divided by a zone boundary, the regulations applicable to each zone will be applied to the area within the zone, and no use, other than parking serving a principal use on the site, can be located in a zone in which it is not a permitted or conditionally permitted use.
B.
Exceptions. If more than 60% of a lot (as measured by lot area) is located in one zone, modifications to the provisions of this section may be granted through approval of a Conditional Use Permit.
(Ord. 19-1 § 3)
§ 17.22.040 Development on Substandard Lots.
Any lot or parcel of land that was legally created through a recorded deed may be used as a building site even when consisting of an area, width, or depth less than that required by zone regulations.
A.
Development Standards. Substandard lots shall be subject to the same development standards as a standard lot.
B.
Reductions Prohibited. No substandard lot shall be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement.
(Ord. 19-1 § 3)
§ 17.22.050 Encroachments into Required Setbacks.
Building projections may encroach into required setbacks according to the standards of Table 17.22.050, Allowed Encroachments into Required Setbacks, subject to all applicable requirements of the building code. The "Limitations" column states any dimensional, area, or other limitations that apply to such projections.
TABLE 17.22.050: ALLOWED ENCROACHMENTS INTO REQUIRED SETBACKS | ||||
|---|---|---|---|---|
Projection | Front or Street Side Yard | Interior Side Yard | Rear Yard | Limitations |
All projections | No projection may extend closer than 3 feet to an interior lot line or into a public utility easement. Where any allowance of this title conflicts with applicable building codes, the more restrictive shall apply. | |||
Cornices, canopies, eaves, and similar architectural features Chimneys Bay windows | 3 feet | 3 feet | 3 feet | |
Fire escapes required by law or public agency regulation | 4.5 feet | 3 feet | 4.5 feet | |
Uncovered stairs, ramps, stoops, landings, decks, porches, balconies, and platforms | ||||
All elements 3 feet or less above ground elevation | 6 feet | 3 feet | 6 feet | |
All elements more than 3 feet above ground elevation | 4.5 feet 3 feet | 4.5 feet | ||
Covered porches and patios | May not encroach | May not encroach | 10 feet | Must be unenclosed on 3 sides except for required vertical supports, insect screening, and kickboards not exceeding 1 foot in height measured from ground level measured at the post. Patio projections shall be no closer than 10 feet to the rear property line. |
Ramps and similar structures that provide access for persons with disabilities | Reasonable accommodation will be made, consistent with the provisions of Chapter 17.42, Reasonable Accommodation. | |||
(Ord. 19-1 § 3; Ord. 24-1, 1/17/2024)
§ 17.22.060 Fences, Walls, and Hedges.
Fences, walls, dense hedges, and similar structures shall comply with the standards of this section.
A.
Maximum Height. Fences, walls, dense hedges, and similar structures are limited to a maximum height as follows:
1.
Residential Zones.
a.
Within Required Front Setbacks. Three feet. An additional foot of fencing is allowed provided that all fencing above three feet in height is at least 50% open.
b.
Within Required Street Side Setbacks.
i.
Within 10 Feet of the Property Line. Three feet. An additional foot of fencing is allowed provided that all fencing above three feet in height is at least 50% open.
ii.
Within Five Feet of a Separated Sidewalk. Three feet. An additional foot of fencing is allowed provided that all fencing above three feet in height is at least 50% open.
iii.
Other Areas of the Required Street Side Setback. Seven feet.
c.
Within Required Interior Side Setbacks. Seven feet.
d.
Within Required Rear Setbacks. Seven feet.
2.
3.
Decorative Features. One entry gateway, trellis, or other entry structure is permitted in the required front or street-facing setback of each lot, provided that the maximum height or width of the structure does not exceed 10 feet. Such decorative feature shall not have any solid obstruction that exceeds two feet in diameter between the height of three and 10 feet.
B.
Intersection Visibility. Notwithstanding other provisions of this section, fences, walls, and related structures shall comply with Section 17.22.160, Visibility at Intersections.
C.
Materials.
1.
Prohibition on Potentially Hazardous Fencing Materials. The use of barbed wire, razor wire, ultra-barrier, electrified, and other hazardous fencing is not permitted unless such fencing is required by any law or regulation of the City, the State of California, Federal Government, or other public agency. Public safety and critical infrastructure facilities are exempt from this standard.
a.
Exceptions.
i.
Barbed wire/razor wire fencing is prohibited unless used in the A-1, RRA, and RE Zones and used for security purposes in the M-1, M-2, and M-3 Zones. Public safety facilities, such as police stations and fire stations, are exempt.
ii.
Electrified fencing is prohibited unless used in the ML, M-1, M-2, and M-3 Zones or used in the A-1, RRA, and RE Zones for animal control. A Conditional Use Permit is required for use in the BP Zone and for ML Zoned property located east of Interstate 80.
2.
Limitation on Chain-Link Fencing—Non-Residential Zones. In non-residential zones, chain-link fencing shall not be visible from adjacent at-grade public streets, a State highway, or adjacent Residential Zones.
3.
Limitation on Concrete Block. Plain, concrete block is not permitted as a fencing material. Concrete block must be finished with stucco (or decorative split-faced block) and capped with a decorative cap.
D.
Location. Fencing shall not be located within any public utility easement without written approval from the City Engineer and all affected utility companies.
(Ord. 19-1 § 3; Ord. 24-1, 1/17/2024)
§ 17.22.070 Height and FAR Exceptions.
A.
Height. The structures listed in Table 17.22.070, Allowed Projections Above Height Limits, may exceed the maximum permitted building height for the zone in which they are located, subject to the limitations stated and further provided that no portion of a structure more than the building height limit may contain habitable areas or advertising. Additional height above this limit may be approved with a Conditional Use Permit, pursuant to the provisions of Chapter 17.38, Use Permits.
B.
FAR. Increases above the maximum permitted FAR shall only be considered for hotels and hospitals, and only with approval of a use permit, unless otherwise specified for the property in an adopted specific plan. This can be considered when the applicant can demonstrate that the proposed development will: (1) generate low peak-hour traffic; and (2) not create a dominating visual prominence. In each case where an increase in the maximum permitted FAR has been allowed, all other development standards for the site must be met.
TABLE 17.22.070: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS | ||
|---|---|---|
Structures Allowed Above the Height Limit | Maximum Vertical Projection Above the Height Limit | Maximum Coverage and Locational Limitation |
Skylights | 1 foot | None |
Chimneys | 8 feet | None |
Decorative features including spires, cupolas, bell towers, domes, obelisks, and monuments Rooftop open space features including sun decks, sunshade and windscreens, trellises, and landscaping | 10 feet | Limited to a total of 20% of roof area, inclusive of all structures. Must be set back from the exterior wall one foot for every foot of projection above the height limit. |
Elevator and stair towers (for multi-unit residential and non-residential buildings only) | 16 feet | Limited to a total of 10% of roof area. Must be set back from the exterior wall one foot for every foot of projection above the height limit. |
Mechanical equipment penthouses | 10 feet | Limited to 60% of roof area. Must be set back from the exterior wall one foot for every foot of projection above the height limit. |
Mechanical equipment | 5 feet | Must be set back from the exterior wall one foot for every foot of projection above the height limit and screened from view from adjacent at-grade public streets. |
Fire escapes, catwalks, and open railings required by law | No restriction | None |
Telecommunication facilities, antennas, microwave equipment, and radio towers | Subject to the provisions of §17.30.240, Wireless Telecommunication Facilities | |
(Ord. 19-1 § 3)
§ 17.22.080 Lighting and Illumination.
A.
Applicability. The standards of this section apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems, except as provided below.
1.
Exceptions. The following outdoor lighting shall not be subject to the provisions of this section.
a.
Public and private street lighting.
b.
Athletic Field Lights. Athletic field lights used within a school campus or public or private park.
c.
Safety and Security Lighting. Safety and security lighting for public facilities.
d.
Construction and Emergency Lighting. All construction or emergency lighting fixtures provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.
e.
Seasonal Lighting. Seasonal lighting displays related to cultural or religious celebrations.
B.
Prohibitions. The following types of outdoor lighting are prohibited.
C.
General Requirements. Outdoor lighting shall be designed to be an integral part of the built environment, reflecting a balance for the lighting needs with the contextual ambient light level and surrounding nighttime characteristics of the community while still employing Crime Prevention Through Environmental Design (CPTED) principles. Lighting for commercial installations adjacent to or near residential uses shall be compatible with and not directly illuminate nearby residential uses.
1.
Maximum Height.
a.
Within 100 feet of a Residential Zone. 16 feet.
b.
Other Locations. 25 feet.
c.
Additional Height. The Planning Commission may allow additional height for activities, uses, or development with unique lighting needs; accentuating historic architectural features of a building; accentuating signage and/or landscape features; or for security purposes.
 FIGURE 17.22.080.C: MAXIMUM HEIGHT, OUTDOOR LIGHTING |
2.
Fixture Types. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "cut off" or "full cut off" luminaries.
3.
Design of Fixtures. Fixtures shall be appropriate to the style and scale of the architecture. Fixtures on building shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet, roof, or eave of the roof.
4.
Timing Controls. All outdoor lighting in non-residential development shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building or, in the case of shopping centers, all buildings, are not in use and the lighting is not required for security.
5.
Light Trespass. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 foot-candles.
D.
Supplemental Requirements.
1.
Multi-Unit Residential Buildings.
a.
Lighting in parking, garage, and carport areas shall be maintained with a minimum of one foot-candle of illumination at the ground level during the hours of darkness.
b.
Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least one-quarter foot-candle at the ground level during the hours of darkness.
2.
Non-Residential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one-half foot-candle of light.
(Ord. 19-1 § 3)
§ 17.22.090 Open Space.
Open space required by this Code shall be provided in accordance with the following.
A.
Configuration.
1.
Private open space typically consists of balconies, decks, patios, fenced yards, and other similar areas outside the residential unit.
2.
Common open space typically consists of landscaped areas, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development; these can be located at the ground level, on parking podiums, or on rooftops, provided they are adequately landscaped.
B.
Minimum Dimensions.
1.
Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than eight feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six feet.
2.
Common Open Space. Minimum length and width dimension of 15 feet.
C.
Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed 10%.
D.
Accessibility.
1.
Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.
2.
Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.
(Ord. 19-1 § 3)
§ 17.22.100 Outdoor Storage.
Storage of goods, materials, machines, equipment, and inoperable vehicles or parts outside of a building for more than 72 hours shall conform to the standards of Table 17.22.100, Outdoor Storage Regulations.
TABLE 17.22.100: OUTDOOR STORAGE REGULATIONS | |
|---|---|
Zone | Permissibility of Outdoor Storage |
AG, RE, and RRA | Permitted as an accessory use where: |
• Occupies less than 200 square feet or 5% of the lot area, whichever is greater. The Director may allow additional area on properties dedicated to agricultural production for agriculture related outdoor storage; | |
• Located outside of all required setbacks, parking and circulation areas, and landscaped areas; and | |
• Screened consistent with the requirements of §17.22.130, Screening. | |
R-1, R-2, R-2.5, and R-3 | Permitted as an accessory use where: |
• Occupies no more than 200 square feet; | |
• Located outside of all required setbacks, parking and circulations areas, and required landscaped areas; and | |
• Screened consistent with the requirements of §17.22.130, Screening. | |
Commercial and Mixed-Use Zones, BP, RP, and POS | Not permitted (all storage must be located within an enclosed building). |
M-L, M-1, M-2, M-3, and PQP | Permitted as an accessory use where: |
• Located outside of all required setbacks, parking and circulation areas, and landscaped areas; and | |
• Screened consistent with the requirements of §17.22.130, Screening. | |
(Ord. 19-1 § 3)
§ 17.22.110 Parking and Storage of Commercial and Recreational Vehicles.
The parking and storage of commercial and recreational vehicles on private property is subject to the following standards.
A.
Commercial Vehicles and Equipment. Commercial vehicles, including any self-propelled vehicle over 10,000 pounds gross vehicle rating and/or having more than two axles and possessing a commercial license plate, shall not be parked or stored in any Residential Zone or any street adjoining a Residential Zone except as follows.
1.
RE or RRA Zones. Commercial vehicles may be parked or stored in the RE or RRA Zones if kept fully within a garage or barn.
B.
Trailers and Equipment. Trailers or equipment used for commercial purposes shall be stored within an enclosed building.
C.
Recreational Vehicles.
1.
Location. Recreational vehicles parked on residential lots which were of record on or before August 23, 1984, must be parked at least five feet from the sidewalk, street right-of-way, or property line, whichever is farther. Recreation vehicles parked on residential lots created after August 23, 1984, may not be parked in a required setback adjacent to a public street.
2.
Paving and Surfacing.
a.
Total Area of Surfacing. No more than 350 square feet of paved or improved surfaces shall be used for the parking or storage of recreational vehicles in any Residential Zone.
b.
Surfacing for Parking in Front Yards. Recreational vehicles located within front yards shall be parked on a paved surface in accordance with the provisions of Section 17.27.090.G, Paving and Surfacing.
c.
Surfacing for Parking in Side or Rear Yard. Recreational vehicles located within side or rear yards shall be parked on a paved or improved surface, which may include pavement or turf-stones. All surfaces shall be kept clear of weeds, debris, mud, and vehicle fluids that contaminate soil or groundwater.
3.
Secondary Driveway. A secondary driveway for recreational vehicles may be allowed on corner lots outside of the vision triangle of the intersection, with the approval of an encroachment permit from the Community Development Department. Paving strips may be used on the driveway.
4.
Registration. The recreational vehicle shall have a current and valid registration displayed.
5.
Dwelling Use Prohibited. No recreational vehicle shall be used for dwelling purposes on any site except as approved.
6.
Fluid Collection Systems. Drip pans or other fluid collection systems shall be used on any recreational vehicle that shows evidence of leaky fluids.
(Ord. 19-1 § 3)
§ 17.22.120 Refuse and Recycling Areas.
A.
General Requirements.
1.
In accordance with the California Solid Waste Reuse and Recycling Access Act of 1991 (Public Resources Code Sections 42900 through 42911), any project for which an application for a Building Permit is submitted after the effective date of the ordinance codified in this title, shall include adequate, accessible areas for collecting and loading refuse and recyclable materials. These regulations apply to refuse and recycling areas not accessible to the public, and which are used exclusively by the tenants/owners of the development site.
2.
In accordance with the California Waste Management Act of 1989 (Public Resources Code Sections 40050 through 40063) and the City of West Sacramento Municipal Code Chapter 8.08, areas for recycling shall be adequate in capacity, number and distribution to serve the development where the project occurs. These areas shall be located within, or as close as possible to, planned or existing exterior collection areas/enclosures.
B.
Applicability. The provisions of this section apply to all development except as follows:
1.
Any project for which a Building Permit is not required from the City Building Department;
2.
All commercial and multi-unit activity that requires only an over the counter permit;
3.
All permits not related to the interior improvement of the building excluding new structures; and
4.
Single-unit dwellings and other uses which participate in the City's curbside recycling program.
C.
Size and Location. Refuse, including organic waste and fats, oils, and grease, and recycling collection areas shall be sized and located as provided below. Additional storage area and alternative designs may be required based on the types and quantities of materials to be generated by the proposed land use and the mode of collection. Additional design requirements may be applied for the purposes of preventing stormwater pollution discharges.
1.
Size and Number. Refuse and recycling collection areas shall be adequate in capacity, number, and distribution to accommodate all trash, garbage, recyclables, green waste, organic waste, and any other waste until such items are picked up by the City or its contracted collector.
2.
Location.
a.
Refuse and recycling collection areas shall be located outside required yard and setback, parking or landscaped areas, or any other area required by the Municipal Code to be constructed or maintained unencumbered according to fire codes and other applicable building and public safety laws.
b.
Enclosures shall be located a minimum of 10 feet from any structure, 25 feet from any public street, 15 feet from the edge of pavement of a private street and, in commercial areas, 25 feet from any residential zoned property line.
c.
Collection areas shall be no more than 250 feet from each living unit within a residential development.
D.
Storm Drain Inlets. Storm drain inlets shall not be placed in the driving path of the collection vehicle. Drains installed in the exterior collection area, or beneath containers, must be connected to a grease removal device prior to discharging to sanitary sewer and the collection area shall be protected from the rain by a roof over the collection area. Storm drain inlets shall not be installed inside of the enclosure, or within the drainage area of the exterior collection areas.
E.
Security and Function Design Measures.
1.
Enclosure Required. Exterior collection areas must be within an enclosure that meets the following standards.
2.
Enclosure Gates. The primary collection access point must be screened with a gate a minimum of five feet in height, made of steel or approved equivalent and detached from masonry, which is locked continuously except on collection days.
a.
Enclosure gates must have a four-inch clearance off the finished pad or apron and surrounding curbs.
b.
Gates in the opened position shall not infringe on the traffic aisles and open to at least 135 degrees when secured open.
c.
Hardware should be of enough strength to accommodate repetitive swinging.
d.
Gated opening for ingress/egress of bins must be a minimum of 16 feet wide with no posts in the middle, place gate posts outside this span to avoid reducing the span.
e.
Gates must always remain closed except when being services by waste hauler.
f.
Gate doors shall be provided a means to secure the doors both opened and closed, e.g., cane bolt with sleeve and slide latch between doors and sleeve in pavement. The bolts should be a minimum one-half inch in diameter and the sleeves for both should be a minimum of one inch or double the size of the bolt to allow flexibility.
3.
Protection from Bins and Vehicles. To prevent damage to the enclosure from bins or vehicles, the enclosure shall have bollards, painted to match adjacent wall (façade) color inside the enclosure, or interior concrete curbing, a minimum of six-inch-high and six-inch-deep, or wheel stops set a minimum of six inches from each wall.
4.
Covers. The refuse and recyclable materials in exterior collection areas shall be protected from the rain by a roof over the collection area or by use of covered receptacles/containers within the collection area. Lids must always remain closed except when loading or unloading.
F.
Screening. An exterior collection area shall be fully screened from public view by an eight-foot-wide planter around the perimeter of the collection area walls/fence, except for the access point(s). Landscaping within this planter shall be consistent with the West Sacramento Landscape Development Guidelines.
1.
Existing development proposing less than 50% increase in the gross floor area shall not be required to provide this landscaping.
2.
The Zoning Administrator may waive the requirement, or reduce the required size, or require a landscaped area of equivalent square footage be installed in a different location on the property or require that existing landscape area(s) be brought up to current standards, including compliance with the City's Water Efficient Landscaping Ordinance (Chapter 13.04, Article XII).
G.
Access Requirements. The storage area for refuse and recyclable materials must be accessible to pedestrians (both residents and/or employees) of the development site and to refuse and recycling haulers. Vehicle access requirements are as follows:
1.
Driveways or travel aisles leading to exterior collection areas or enclosures shall be a minimum of 16 feet in width and paved in accordance with this title's paving requirements.
2.
Where driveways do not extend from street to street, a turnaround area for collection vehicles shall be provided. Minimum turning radius for collection vehicles at 26/46.
3.
Driveways or travel aisles shall provide unobstructed paved access for collection vehicles and provide a minimum of 15 feet vertical clearance. In loading areas, minimum overhead vertical clearance shall be 25 feet for loading operations.
4.
A concrete apron or pad, having a minimum size of 10 feet wide by 20 feet long, shall be constructed in front of each exterior collection area or enclosure or at the point of pick-up by the collection vehicle. The purpose of this pad is to prevent damage to the surrounding asphalt paving. The pad shall have a level surface (no slope) and shall be paved with concrete.
a.
The Zoning Administrator may waive the requirement for, and/or size of, the concrete apron or pad provided the property owner can demonstrate that the existing asphalt located at the access and servicing areas of the refuse and recycling enclosure has withstood on-going, regular use without appreciable degradation. The property owner may also be required to enter into a private road agreement with the City as a condition to providing service.
H.
Signage.
1.
Signs shall be posted on each container for recyclable material, identifying which material shall be disposed of in that container.
2.
One sign identifying each outdoor refuse and recycling area is required. Each sign shall not exceed four square feet and shall be posted on the exterior of the area adjacent to the access point. The sign shall also notify the public that unauthorized collection and/or scavenging is prohibited.
I.
Exceptions. The Zoning Administrator shall have the authority to approve exceptions, or consider modified design standards, to the requirements of this section, for new development projects and projects involving the expansion or retrofit of an existing development. The property owner/applicant must first prove that he/she cannot meet the requirements for the refuse and recycling collections areas as set forth in this section and any other applicable section.
1.
Reasons for Exceptions. Exceptions may be approved for reasons, including, but not limited to, the following:
a.
The requirement to provide adequate space for refuse and recyclable materials storage and collection would necessitate the conversion or removal of required parking spaces or required landscaping, or would conflict with some other essential site improvement required by the City;
b.
The nature of the proposed development justifies the provision of less recyclable materials storage and collection space than mandated by this chapter; or
c.
Construction of the full enclosure with the landscaping buffer would reduce the vehicular access aisle to less than acceptable width. Cost alone is not a valid reason for granting an exception.
2.
Required Findings. Exceptions from any provision of this section may be approved if the following findings can be made:
J.
Maintenance. Maintenance of each enclosure area and any bins and containers shall be the responsibility of the property owner. The property owner shall be responsible for keeping the area clean and free of litter, rodents and insects. Enclosures that are damaged to the point of non-use will result in a service interruption if the hauler cannot access the containers and shall be repaired within 90 days.
K.
Regular Collection. The property owner is responsible for arranging the regular collection or pick-up of refuse and recyclable and/or organic materials stored in the container area. Materials shall not be allowed to accumulate such that a visual or public health or safety nuisance is created.
L.
Unauthorized Collection Prohibited. Unless otherwise provided by contract, recyclable materials which have been segregated from other waste materials and placed at the designated collection and storage location, shall not be removed by anyone other than the authorized recycling agent/hauler. Violation of this provision shall be punishable as a misdemeanor.
(Ord. 19-1 § 3)
§ 17.22.130 Screening.
A.
Screening of Mechanical and Electrical Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from adjacent at-grade public rights-of-way and/or adjacent Residential Zones. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow devices, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building. Exceptions may be granted by the Zoning Administrator where screening is infeasible due to health and safety, structural limitations, or utility requirements.
B.
Outdoor Storage Areas. Outdoor storage areas shall be screened from view from any adjacent public street or freeway; existing or planned residential area; or publicly accessible open space area with a solid masonry wall a minimum of six feet in height.
1.
Screening walls shall be high enough to sufficiently screen stored material. Fences and walls shall not exceed the maximum allowable fence heights unless allowed pursuant to approval of a modification.
 FIGURE 17.22.130.B: SCREENING OF OUTDOOR STORAGE AREAS |
C.
Other Outdoor Activity Areas. Where the Zoning Administrator finds that an outdoor use without screening would have a detrimental effect, the outdoor use shall be screened from view from any public street or freeway; existing or planned residential area; or publicly accessible open space area.
D.
Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter and advertising. Graffiti shall be removed within two days of notice of its placement. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the required and the maximum allowed height.
E.
Types of screening material should be consistent with the style of the building. Plastic tarps are not permitted as screening material.
(Ord. 19-1 § 3; Ord. 24-1, 1/17/2024)
§ 17.22.140 Swimming Pools and Spas.
Swimming pools, spas, and any body of water having a depth of more than 18 inches and related equipment shall comply with the following standards:
A.
Water-Containing Portions of Swimming Pools and Spas. The outside wall of the water-containing portion of any swimming pool or spa shall be located as follows:
1.
Front Setback. The outside wall of the water-containing portion of any swimming pool or spa shall meet the minimum front setback and shall not be constructed over public service easements.
2.
Street Side Setback. The outside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of five feet from the street side property line. Where the lot is enclosed by a masonry subdivision perimeter wall, the street side setback is five feet.
3.
Rear and Interior Side Setbacks. The outside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of five feet from the interior side and rear property line.
4.
Dwelling Unit Setback. The outside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of five feet from the exterior wall of any dwelling unit.
B.
Filter, Heating, and Maintenance Systems. All filter, heating, and maintenance systems and equipment shall not be located within any required setback adjacent to a public street, or within three feet of an interior side or rear property line, or within 10 feet of the living area of any dwelling unit on an adjacent parcel unless located completely within a soundproof enclosure.
(Ord. 22-21 § 2; Ord. 19-1 § 3)
§ 17.22.150 Underground Utilities.
All electrical, telephone, cable television, and similar distribution lines providing direct service to new development shall be installed underground within the site. This requirement may be waived by the Zoning Administrator upon determining that underground installation is infeasible.
(Ord. 19-1 § 3)
§ 17.22.160 Visibility at Intersections.
Vegetation and structures located on a property at any corner from intersecting streets may not exceed a height of three feet within the vision triangle formed by drawing imaginary lines between points 30 feet from where the curb lines of the street intersection quadrant meet. Any vegetation or structures obstructing the view of the intersection may be removed pursuant to Section 10.20.050 of Title 10, Vehicles and Traffic, of the Municipal Code, as may be amended over time.
 FIGURE 17.22.160: VISIBILITY AT INTERSECTIONS |
(Ord. 19-1 § 3)
§ 17.23.010 Purpose.
This chapter is adopted in accordance with Section 65915 et seq., of the California Government Code. The purpose of this chapter is to establish a density increase and incentive program to provide both density increases and other incentives for owner-occupied and rental housing developments to encourage the creation of housing affordable to moderate, low, and very low income households, and to encourage the creation of housing for senior citizens. As used in this chapter, density bonus units are those units designated for senior citizens, or very low, low, or moderate income households that qualified the housing project for award of a density bonus or other incentives.
(Ord. 19-1 § 3)
§ 17.23.020 Applicable Zones.
This chapter shall be applicable to all zones that allow residential uses.
(Ord. 19-1 § 3)
§ 17.23.030 Qualifications.
All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended.
(Ord. 19-1 § 3)
§ 17.23.040 Density Increase and Other Incentives.
The City of West Sacramento shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.
(Ord. 19-1 § 3)
§ 17.23.050 Application.
A.
An application for a density increase or other incentives under this chapter for a housing development shall be submitted in writing to the planning division of the City of West Sacramento to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:
1.
A brief description of the proposed housing development;
2.
The total number of housing units proposed in the development project, including unit sizes and number of bedrooms;
3.
The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;
4.
The total number of units to be made affordable to or reserved for sale, or rental to, very low-, low-or moderate-income households, or senior citizens, or other qualifying residents;
5.
The zoning, General Plan designations and assessor's parcel number(s) of the project site;
6.
A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout; and
7.
A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.
B.
The application shall be considered by the Planning Commission and/or the City Council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this chapter shall be considered by the Community Development Director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.
(Ord. 19-1 § 3)
§ 17.23.060 Retention.
Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of West Sacramento and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.
(Ord. 19-1 § 3)
§ 17.23.070 Denial of Affordable Housing Projects.
If at least 20% of a housing development's units are sold or rented to low-income households, and the balance of the units are sold or rented to either low-or moderate-income households, it shall not be disapproved or conditioned in a manner which renders the project infeasible for development for the use of low-and moderate-income households unless the decision-making body finds, based upon substantial evidence, one of the following, pursuant to California Government Code Section 65589.5:
A.
The project is not needed for the City to meet its share of the regional need of low-and/or moderate-income housing as outlined in the adopted Housing Element to the General Plan; or
B.
The project as proposed would have a specific, adverse impact upon the public health and safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the project unaffordable to low-and/or moderate-income households; or
C.
Denial of the project or imposition of conditions is required in order to comply with specific State or Federal law, and there is no feasible method to comply without rendering the project unaffordable to low-and/or moderate-income households; or
D.
Approval of the project would increase the concentration of low-income households in a neighborhood that already has a disproportionately high number of low-income households and there is no feasible method of approving the development at a different site, including sites identified in the adopted Housing Element, without rendering the development unaffordable to low and/or moderate income households; or
E.
The project is proposed on land zoned for resource preservation which is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project; or
F.
The project is inconsistent with the land use designation as outlined in the adopted General Plan or in any General Plan element as it existed on the date the application for the project was deemed complete.
(Ord. 19-1 § 3)
§ 17.24.010 Purpose.
The purpose of this chapter is to offer alternatives to paying child care development fees as required in Chapter 12.44, Childcare Development Fees and Alternatives, of the municipal code to encourage the development of a range of childcare facilities to fulfill the child care needs of residents and the business community.
(Ord. 19-1 § 3)
§ 17.24.020 Applicability.
The provisions of this chapter are applicable to developers of residential and non-residential developments who desire an alternative to paying a child care development fee as required in Chapter 12.44, Childcare Development Fees and Alternatives, to satisfy the child care needs of a particular development.
(Ord. 19-1 § 3)
§ 17.24.030 Childcare Development Fee Alternatives.
The following alternatives are available in lieu of paying a child care development fee as required in Chapter 12.44, Childcare Development Fees and Alternatives. The selected alternative or combination of alternatives must be equivalent in value to that which would have been paid as a childcare development fee and is subject to approval by the City Manager.
A.
Provision of on-site or off-site childcare facilities located in areas where the health and safety of the children, parents and day care providers will not be threatened or jeopardized.
1.
To the extent possible, on-site or off-site facilities shall be integrated with other facilities. Coordinated use of recreation or common areas within developments, schools or park facilities is encouraged.
2.
On-site or off-site childcare facilities may be provided in consortium with other developments.
B.
Donation of land for the development of a childcare facility.
C.
Financial assistance to either public or private entities for establishing new childcare facilities or for the expansion of existing childcare facilities.
D.
Other options approved by the City Manager.
(Ord. 19-1 § 3)
§ 17.24.040 Incentives.
At the City's sole discretion, the City may grant one or more of the following incentives to developers for constructing childcare facilities.
A.
Exemption of floor area dedicated to on-site childcare facilities inform the calculation of a project's floor area ratio.
B.
Transportation management plan (TMP) credits where sufficient documentation demonstrates that the provision of an on-site childcare facility will contribute towards increasing the average vehicle ridership (AVR) required for the work site.
C.
Priority processing of applications for planning permits for childcare facilities.
D.
Other incentives approved by the City Manager where it is demonstrated that the proposed alternative furthers the efforts of pre-school education in addition to meeting childcare needs.
(Ord. 19-1 § 3)
§ 17.25.010 Purpose.
The purpose of this chapter is to:
A.
Improve the appearance of the community by requiring permanently maintained landscaping;
B.
Aid in energy conservation by providing shade from the sun and shelter from the wind;
C.
Soften the appearance of parking lots and other development and minimize or eliminate conflicts between potentially incompatible uses through landscaping;
D.
Promote conservation and efficient use of water; and
E.
Provide opportunities for carbon sequestration.
(Ord. 19-1 § 3)
§ 17.25.020 Applicability.
These standards shall apply to all new development and improvement of existing uses in the City, including any construction, expansion or improvement on private property which requires the issuance of a Building Permit or other approval by the City, except business licenses. This chapter shall not apply to the following:
A.
Single-family developments of four or fewer units/lots.
B.
Properties zoned POS (Public Open Space).
C.
Properties designated by the City for riverfront parkway corridors.
(Ord. 19-1 § 3)
§ 17.25.030 Requirements.
§ 17.25.040 Maximum Amount of Required Landscaping.
§ 17.26.010 Purpose.
This chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this title in a manner that does not conflict with the General Plan. To that end, this chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.
(Ord. 19-1 § 3)
§ 17.26.020 Applicability.
The provisions of this chapter apply to structures, land, and uses that have become nonconforming by adoption of this title as well as structures, land, and uses that become nonconforming due to subsequent amendments to its text or to the Zoning Map.
(Ord. 19-1 § 3)
§ 17.26.030 Nonconformities, Generally.
Any lawfully established use or structure that is in existence on the effective date of the ordinance codified in this title or any subsequent amendment thereto but does not comply with the standards and requirements of this title shall be considered nonconforming.
A.
A nonconformity may result from any inconsistency with the requirements of this title including, but not limited to, use, location, density, floor area, height, setback, performance standards, or the lack of an approved Use Permit or other required authorization.
B.
A parcel of land may be considering nonconforming if it was previously used and/or developed without required site improvements, including, but not limited to, paving, screening, landscaping, lighting, drainage, etc.
(Ord. 19-1 § 3)
§ 17.26.040 Right to Continue.
Any use or structure that was lawfully established prior to the effective date of the ordinance codified in this title or of any subsequent amendments to its text or to the Zoning Map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure or use therein; or no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter.
A.
The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership, tenancy, or management.
B.
The right to continue a nonconforming use or structure shall not apply to uses or structures determined by the Planning Commission or City Council as described in this chapter to be a public nuisance arising from conditions that constitute a threat to public health, safety or general welfare.
(Ord. 19-1 § 3)
§ 17.26.050 Nonconforming Site Improvements.
In conjunction with the expansion of existing buildings or the construction of new buildings on a partially developed site, nonconforming property improvements shall be brought into compliance on the following basis:
A.
10% or greater increase in floor area:
1.
Screening of outdoor storage areas consistent with Section 17.22.130, Screening. New fencing must observe required setbacks from the street,
2.
Installation or existing presence of landscaping equal to five percent of the parcel area. This landscaping shall be installed along street and building frontages wherever possible;
B.
20% or greater increase in floor area:
C.
30% or greater increase in floor area:
1.
Paving of existing required auto parking lot areas and installation of full parking lot canopy landscaping as described in the landscape development guidelines,
D.
50% or greater increase in floor area:
1.
Full compliance with all site improvement standards is required.
All additions done in a five-year period beginning after the date of adoption of the ordinance codified in this title shall be combined for the purposes of determining the need for compliance with this section; |
E.
The Director may, upon request by the property owner, consider substitution of the required landscaping on one portion of a site to another on a square foot per square foot basis where the overall change does not result in any loss of: (1) street landscaping; or (2) net square footage;
F.
Building additions of 500 square feet or less are exempted from the provisions of this section. All additions done in a five-year period beginning after the date of adoption of the ordinance codified in this chapter shall be combined for the purposes of determining the need for compliance with this section.
(Ord. 19-1 § 3; Ord. 24-1, 1/17/2024)
§ 17.26.060 Changes to and/or Substitutions of Nonconforming Uses.
Nonconforming uses shall not be expanded, modified, or substituted for another nonconforming use except as provided below.
A.
Expansion. Nonconforming uses shall not expand in intensity and/or physical footprint.
B.
Absence of Permit. Any use that is nonconforming solely by reason of the absence of a Use Permit may be changed to a conforming use by obtaining the appropriate Use Permit pursuant to the requirements in Chapter 17.38, Use Permits.
C.
Substitutions. The Zoning Administrator may allow substitution of a nonconforming use with another nonconforming use pursuant to the following.
1.
Limitation on Use. The allowance for a substitution is limited to the use and its operations and activities as specifically described in the approval of the substitution.
2.
Duration. The allowance for the new nonconforming use shall expire five years from the date of approval.
3.
Public Notice Required. Public notice pursuant to Section 17.35.060, Public Notice, shall be provided.
4.
Public Hearing. A public hearing shall be held if requested by the applicant or other interested person(s) in writing and received by the Zoning Administrator within 10 days of the mailed notice.
5.
Required Findings. To allow substitution of a nonconforming use with another nonconforming use, the following findings must be made:
a.
The existing nonconforming use was legally established and has not ceased to operate, whether with the intent to abandon the use or not, for a continuous period of one year, or six months for any property fronting West Capitol Avenue or within the Central Business District;
b.
The proposed new use will cease to operate and vacate the site no later than five years from the date of approval;
c.
Alterations, enlargements, additions, improvements, or other changes to any building or structure do not exceed 10% of the replacement value of the building or structure;
d.
The operation of the proposed new use will comply with the standards included in Chapter 17.28, Performance Standards;
e.
The proposed new use will not result in an average daily trip increase of more than five percent of the current use based on the Institute of Traffic Engineers (ITE) trip generation rates;
f.
The proposed new use would not be detrimental to public health, safety, or welfare;
g.
The proposed new use would not preclude or interfere with implementation of the General Plan or any applicable adopted specific, area, or community plan;
h.
The proposed new use will not depress the value of nearby properties or create conditions that would impede their redevelopment or use in compliance with the General Plan;
i.
The proposed new use will be no less compatible with the purposes of the district and surrounding uses that comply with the requirements of this title than the nonconforming use it replaces; and
j.
The proposed new use will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area or be detrimental or injurious to property and improvements of adjacent properties, the surrounding area, or the neighborhood because of noise, odors, dust, glare, vibrations, or other effects.
D.
Conditions. The Zoning Administrator may impose reasonable conditions deemed necessary to ensure compliance with the required findings. The Zoning Administrator may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
(Ord. 19-1 § 3)
§ 17.26.070 Elimination of Nonconforming Uses and Structures.
A.
Elimination of Nonconforming Uses and Structures.
1.
Nonconforming Uses Not Occupying a Structure or Occupying a Structure with Valuation Less Than $2,500. The following nonconforming uses shall be discontinued and removed from their sites within three year(s) from the effective date of the ordinance codified in this title:
B.
Time for Elimination When Use or Structure Becomes Nonconforming. Whenever a use or structure becomes nonconforming, the period of time prescribed in this chapter for the elimination of the use or the removal of the structure is computed from the effective date of the change that results in the nonconforming status of the use or structure.
C.
Burden of Proof. The burden of proof as to the nonconforming status of any use or structure shall rest with the property owner, tenant, and/or resident.
(Ord. 19-1 § 3)
§ 17.26.080 Establishment of Amortization Periods.
Where a period during which a nonconforming use or structure is to be discontinued and removed from their site is to be established, such period shall be established as follows.
A.
The Zoning Administrator shall submit the nonconforming use or structure and a recommended amortization period, based on the criteria in subsection C.1, to the Planning Commission for review;
B.
The Planning Commission shall hold a public hearing, noticed pursuant to Chapter 17.35, Common Procedures, to consider the recommended amortization period. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amortization period to the City Council.
C.
After receiving the recommendation from the Planning Commission, the City Council shall hold a public hearing, noticed pursuant to Chapter 17.35, Common Procedures, to consider the recommended amortization period.
1.
The City Council may establish a maximum time for which the nonconforming use shall be permitted to continue after considering the following in relation to the use or structure:
a.
The amount of investment or original cost of the use or structure;
b.
The present actual or depreciated value of the use or structure;
c.
The remaining useful life of the use or structure;
d.
The remaining term of the lease;
e.
The date or dates of construction;
f.
Amortization of the business or structure for tax purposes;
g.
The salvage value;
h.
The threat to the public health, safety, and welfare posed by the continuance of the nonconforming use; and
i.
Other factors as appropriate.
2.
The time period established by the City Council shall be no less than three years in length.
(Ord. 19-1 § 3)
§ 17.26.090 Maintenance of and Additions and Enlargements to Nonconforming Structures.
Nonconforming structures may be continued and maintained in compliance with the following provisions.
A.
Maintenance and Repairs. Structural and non-structural maintenance, repair, and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge the structure, change the building footprint, or increase building height or roof pitch. This excludes any improvements required to meet accessibility requirements.
B.
Additions. Additions to and/or enlargements of nonconforming structures are allowed if the addition or enlargement complies with all applicable laws and requirements of this title, the use of the addition/enlarged area of the property is authorized by this title, and there is no increase in the discrepancy between existing conditions and the requirements of this title, except as provided below:
1.
Nonconforming Setbacks, Residential Zones. In Residential Zones, a nonconforming setback may be maintained and extended, and shall not be considered an increase in the discrepancy, provided that:
a.
A new encroachment into any other required setback is not created;
b.
The height of the portion of the structure that is within the required setback is not increased; and
c.
Any residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted.
(Ord. 19-1 § 3)
§ 17.26.100 Repair and Replacement of Damaged or Destroyed Nonconforming Structures.
A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster that was not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with them, may be restored or rebuilt subject to the following provisions.
A.
Restoration When Damage is 50% or Less of Value. If the cost of repair or reconstruction is less than or equal to 50% of the appraised value of the structure, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed. The determination of the appraised value shall be made by a professional appraiser selected by the City, whose fee shall be paid by the building or property owner.
B.
Restoration When Damage Exceeds 50% of Value. If the cost of repair or reconstruction exceeds 50% of the appraised value of the structure, as determined pursuant to subsection A above, the land and building shall be subject to the requirements of this title, except as provided below:
1.
Non-Residential Structures. Any nonconforming use must permanently cease. The Zoning Administrator may approve a Minor Use Permit for the structure to be rebuilt to the same size, extent, and configuration as previously existed provided that the use of the structure is permitted or conditionally permitted in the zone. In such cases any expansion or change to the previous use must conform to the requirements of this chapter.
2.
Residential Structures. Any nonconforming residential structure may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed subject to a Zoning Clearance in the case of single-unit dwellings or Zoning Administrator approval in the case of other residential uses, unless the review authority finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood.
C.
Timing. Building permits must be obtained within two years of the date of the damage or destruction and construction shall be completed within one year of issuance unless another time period is specified through Zoning Administrator consideration. Building permits must be maintained valid through the completion of the project.
(Ord. 19-1 § 3)
§ 17.26.110 Abandonment of Nonconforming Uses.
If the nonconforming use ceases to operate, whether with the intent to abandon the use or not, for a continuous period of one year, or six months for any property having any frontage on West Capitol Avenue or within the Central Business District, it shall be considered abandoned and shall not be resumed, reestablished, reopened, or replaced by any other nonconforming use, except as provided in this section. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Zoning Administrator that the use was legally established and has not been abandoned.
A.
Abandonment. The time period set forth above shall commence when the use ceases to operate, whether with the intent to abandon the use or not, and any one of the following occurs:
B.
Extension of Abandonment Period. The Zoning Administrator may approve an additional one-year time period during which the use will not be considered abandoned; provided, that the Zoning Administrator finds that economic conditions warrant the additional time. If such additional time period is approved, the total period during which the use will not be considered abandoned shall not exceed two years from the date the use ceased to operate.
(Ord. 19-1 § 3)
§ 17.26.120 Abatement.
The provisions of this chapter are in addition to existing State law authority to declare and abate a public nuisance pursuant to California law and other applicable provisions of the municipal code. If a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the City pursuant to the municipal code and Chapter 17.46, Enforcement.
(Ord. 19-1 § 3)
§ 17.27.010 Purpose.
The purposes of this chapter are to:
A.
Require parking spaces and loading spaces for all land uses that are sufficient in number, size, and arrangement;
B.
Minimize the negative environmental and urban design impacts of parking lots, driveways, and drive aisles within parking lots;
C.
Ensure the provision of adequate off-street bicycle parking;
D.
Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts within parking lots and, where appropriate, create buffers from surrounding land uses;
E.
Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of required spaces in transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand;
F.
Encourage modal shift; and
G.
Reduce urban run-off and heat island effect.
(Ord. 19-1 § 3)
§ 17.27.020 Applicability.
A.
New Buildings and Land Uses. On-site parking and loading shall be provided in accordance with this chapter at the time any main building or structure is erected or any new land use is established.
B.
Existing Non-Residential Buildings.
1.
When a change in use, expansion of use, or expansion of floor area creates an increase of 30% or more in the number of required parking or loading spaces, additional parking and loading shall be provided for such addition, enlargement, or change in use when that change would result in more than 10 new parking spaces being required.
2.
Existing parking and loading not in excess of the minimum requirements shall be maintained. Parking and loading in excess of minimum requirements may be removed.
3.
A change in tenancy or ownership is not considered a change in use unless the new occupant is in a different use classification than the former occupant.
4.
If the number of existing parking and loading spaces is greater than the requirements for a proposed use, the number of excess parking spaces may be counted toward meeting the requirements for any change, expansion, or major alteration.
C.
Existing Residential Buildings. Parking in accordance with this chapter shall be provided where additional dwelling units are created through the alteration of an existing building or construction of an additional structure or structures.
D.
When Constructed. Parking and loading facilities required by this chapter shall be constructed or installed prior to final inspection or the issuance of a Certificate of Occupancy for the uses that they serve.
(Ord. 19-1 § 3)
§ 17.27.030 General Provisions.
A.
Existing Parking and Loading to Be Maintained. No existing parking and loading area serving any use may be reduced in amount or changed in design or location below the requirements for such use, unless equivalent substitute facilities are provided.
B.
Nonconforming Parking and Loading. An existing use of land or structure shall not be deemed to be nonconforming solely because of a lack of parking and/or loading facilities required by this chapter, if facilities used for parking and/or loading as of the date of adoption of this title are not reduced in number to less than what this chapter requires.
C.
Accessibility. Parking and loading areas shall be accessible for its intended purpose during all hours of operation.
D.
Stacked Parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. If stacked parking managed by an attendant is used for required parking spaces, an acceptable form of guarantee must be filed with the Zoning Administrator ensuring that an attendant will be present while the parking lot is in operation.
E.
Assigned Parking. Lots developed with multiple uses and a shared parking area shall not assign parking spaces to individual tenant spaces or uses, except that parking spaces for residential uses in a mixed-use development shall be assigned to residential occupants.
F.
Unbundling Parking from Residential Uses. The following rules apply to the sale or rental of parking spaces accessory to attached single unit and multi-unit development of four units or more in the Bridge District Specific Plan, Washington Specific Plan, and Central Business District Zone unless waived by the Zoning Administrator as infeasible:
1.
All off-street spaces shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space.
2.
In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential owners or renters of three-bedroom or more units, second to owners or renters of two-bedroom units, and then to owners and renters of other units. Spaces shall be offered to tenants first. Non-tenants may lease with a provision for 30 days to terminate the lease.
3.
Renters or buyers of on-site affordable units shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwelling units.
(Ord. 19-1 § 3)
§ 17.27.040 Required Parking Spaces.
Each land use is subject to the following minimum and maximum parking space requirements unless otherwise provided in another section of this title.
A.
Minimum Number of Spaces Required. Each land use shall be provided at least the number of parking spaces stated in Table 17.27.040, Required Number of Parking Spaces. The parking requirement for any use not listed in Table 17.27.040 shall be determined by the Zoning Administrator based upon the requirements for the most similar comparable use, the characteristics of the proposed use, and any other relevant data regarding parking demand.
TABLE 17.27.040: REQUIRED NUMBER OF PARKING SPACES | |
|---|---|
Land Use Classification | Required Parking Spaces |
Residential Use Classifications | As specified below |
Residential Housing Types | • 1 per studio or 1-bedroom unit |
• 1.25 per 2-bedroom unit | |
• 1.5 per unit with 3 or more bedrooms | |
Plus 1 guest space per every 10 units | |
For units subject to an affordable housing agreement, the number of required parking spaces shall be reduced by 25% | |
Caretaker Unit | 1 per unit |
Group Residential | 1 per employee, plus 1 per bedroom or 1 per every 2 beds, whichever is greater |
Residential Care Facilities | |
Small | None beyond the parking required for the residential housing type |
Large | 1 per every 3 beds |
Residential Facility, Assisted Living | 1 per every 3 beds |
Single-Room Occupancy | 0.5 per unit |
Supportive Housing | None beyond the parking required for the residential housing type |
Transitional Housing | None beyond the parking required for the residential housing type |
Public and Semi-Public Use Classifications | 1 per 400 square feet of floor area, except as specified below |
Campground | 1 per site |
Hospitals and Clinics | |
Hospitals | 1 per every 3 beds |
Skilled Nursing Facilities | 1 per every 3 beds |
Park and Recreation Facilities | To be determined by the Zoning Administrator based on use, facilities, and proximity |
Parking Lots and Structures | None required |
Schools | To be determined by the Zoning Administrator based on use, facilities, and proximity |
Commercial Use Classifications | 1 per 400 square feet of floor area, except as specified below |
Animal Care, Sales, and Services | |
Boarding/Kennels | 1 per employee, plus a loading/unloading area for animals |
Commercial Entertainment and Recreation | |
Cinema/Theaters | 1 per 40 square feet of seating area |
Outdoor Entertainment and Outdoor Recreation | 1 per 1,000 square feet of lot area |
Eating and Drinking Establishments | CBD, MU-C, WF, Washington Specific Plan, and Bridge District Specific Plan Zones: 1 per 400 square feet of floor area Other Zones: 1/200 square feet of floor area |
Hotels and Motels | CBD, MU-C, WF, Washington Specific Plan, and Bridge District Specific Plan Zones: 0.5 per guest room Other Zones: 1 per guest room |
Nurseries and Garden Center | 1 per 750 square feet of floor area |
Retail Sales | |
Building Materials, Sales, and Services | 1 per 750 square feet of floor area |
Industrial Use Classifications | 1 per 1,000 square feet of floor area, except as specified below |
General Industrial | 1 per 2,000 square feet of floor area |
Warehousing and Storage | |
Indoor Warehousing, Storage, and Wholesaling and Distribution | 1 per 2,000 square feet of floor area |
Outdoor Storage | 1 per 10,000 square feet of lot area |
Personal Storage | 2 plus 1 per 1,000 square feet of storage unit area |
Transportation, Communication, and Utility Use Classifications | 1 per 400 square feet of office, except as specified below |
Marina | 1 per 2 boat slips |
1.
Calculation of Required Spaces.
a.
Parking Ratios.
i.
Floor Area. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated.
ii.
Employees. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.
iii.
Bedrooms. Where a parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standards of the building code as a sleeping room shall be counted as a bedroom.
iv.
Students. Where a parking or loading requirement is stated as a ratio of parking spaces to students (including children in day care), the number is assumed to be the number of students at the State-certified capacity or at building code occupancy where no State certification is required.
B.
Maximum Number of Spaces Allowed. To support walking, transit, and other forms of non-automobile transportation in urban infill areas and to eliminate the incentive to build as much parking as possible, the number of parking spaces to be provided is limited. In the CBD, MU-C, MU-NC, WF, Washington Specific Plan, and Bridge District Specific Plan Zones, on-site parking shall not exceed 2.6 spaces per 1,000 square feet or 150% of the number of parking spaces required pursuant to Table 17.27.040, Required Number of Parking Spaces, whichever is greater. This limitation may be waived or modified pursuant to Chapter 17.40, Modifications, based on the following findings:
1.
Special conditions exist that will increase parking demand at the site. Conditions include but are not limited to, the nature of the proposed operation; lack of transit service or other transportation alternatives; or transportation characteristics of persons residing, working, or visiting the site;
2.
The use will not be adequately served by the maximum allowed number of parking spaces; and
3.
Parking demand generated by the project will exceed the maximum allowed number of parking spaces and have a significant impact on the supply of on-street parking in the surrounding area.
(Ord. 19-1 § 3)
§ 17.27.050 Parking Reductions.
The number of parking spaces required by Section 17.27.040, Required Parking Spaces, may be reduced as follows if the Director finds any or all of the following criteria. Parking reductions are cumulative; all applicable parking reductions may be applied in determining the number of required parking spaces.
A.
Ground Floor Uses, CBD, MU-C, MU-NC, Washington Specific Plan, and Bridge District Specific Plan Zones. The first 5,000 square feet of a ground floor nonresidential use in CBD, MU-C, MU-NC, Washington Specific Plan, and Bridge District Specific Plan Zones is exempt from parking requirements.
B.
Motorcycle Parking. Motorcycle parking may substitute for up to five percent of the required number of parking spaces. Each motorcycle space must be at least four feet wide and seven feet deep, and can accommodate two-wheeled motorized vehicles, including scooters, mopeds, and similar vehicles.
C.
Sites with Multiple Uses. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced by 25% with Zoning Administrator approval if the below findings are made. In order to evaluate a proposed project's compliance with the below criteria, submittal of a parking demand study that substantiates the basis for granting a reduced number of parking spaces may be required.
1.
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;
2.
The proposed shared parking provided will be adequate to serve each use;
3.
Parking spaces in the shared parking facility will not be reserved for individual tenants, owners or their visitors without approval of an overall parking management plan; and
4.
A shared parking agreement will be recorded.
D.
Urban Infill. The required number of parking spaces shall be reduced by 50% of the normally required number of spaces for projects that are located within the Bridge District, Washington Specific Plan and Central Business District Zone.
E.
Car Sharing Programs. Required parking spaces may be substituted with designated carshare vehicle parking spaces, and the required number of parking spaces may be reduced, pursuant to the following.
1.
Carshare Parking Designation. A maximum of 20% of the required parking spaces may be designated as carshare vehicle parking spaces.
2.
Reduction Allowed.
a.
Parking Areas with 50 or Fewer Parking Spaces. A five percent reduction in the required parking shall be allowed where five percent of the required spaces are designated as carshare vehicle parking spaces.
b.
Parking Areas with 51 or More Parking Spaces. A 10% reduction in the required parking shall be allowed where 10% of the required spaces are designated as carshare vehicle parking spaces.
3.
Accessibility. Car sharing spaces shall be made available to a car share organization for purposes of providing car share services for service subscribers. In addition to conforming to the requirements of Section 17.27.090, Parking Area Design Standards, the parking area shall be designed to be accessible to local and non-local car share subscribers 24 hours a day, seven days a week.
a.
Exception. Car share parking spaces may be occupied by non-car share vehicles, if it is demonstrated to the satisfaction of the Director that no car share organization can make use of the parking spaces. These spaces shall not be separately leasable and shall be made available on a first come, first serve basis.
4.
Deed Restriction. Prior to issuance of a Building Permit, a deed restriction shall be recorded identifying the number and location of the car share parking spaces. The location of the car share spaces shall be subject to approval by the Zoning Administrator.
F.
Other Parking Reductions. Required parking for any use may be reduced through approval of a Minor Use Permit as follows.
1.
Criteria for Approval. A Minor Use Permit for a parking reduction may be approved if the Zoning Administrator finds that special conditions exist that will reduce parking demand at the site. Conditions include, but are not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program.
2.
Parking Demand Study. In order to evaluate a proposed project's compliance with the above criteria, submittal of a parking demand study that substantiates the basis for granting a parking reduction may be required.
(Ord. 19-1 § 3)
§ 17.27.060 Location of Required Parking.
A.
Parking shall not be located within a required front or street-facing yard setback. However, driveways on residential lots count towards required residential parking.
B.
Required parking shall be located on the same lot as the use it serves, except as allowed in subsection (B)(1)(a).
1.
Off-Site Parking Allowances. Required parking may be located off site provided that the following conditions are met.
a.
Location.
i.
CBD, MU-C, MU-NC, WF, and the Bridge District and Washington Specific Plan Zones. Any off-site parking facility must be located within 1,350 feet, along a pedestrian route, of the principal entrance containing the use for which the parking is required.
ii.
Zones Other Than the CBD, MU-C, MU-NC, WF, or the Bridge District and Washington Specific Plan Zones. Any off-site parking facility must be located within 500 feet, along a pedestrian route, of the principal entrance containing the use for which the parking is required.
b.
Evidence of Access and Right to Use. The applicant shall provide evidence from the owner or manager of the off-site parking facility that customers, clients, employees, and other users of the subject use have access to and use of the off-site parking facility.
(Ord. 19-1 § 3)
§ 17.27.070 Bicycle Parking.
A.
Short-Term Bicycle Parking. Short-term secure bicycle parking shall be provided 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 secure bicycle parking spaces shall be at least five percent of the requirements in Section 17.27.040, Required Parking Spaces, with a minimum of four secure bicycle parking spaces provided per establishment.
2.
Location.
a.
Short-term secure bicycle parking shall be located outside of pedestrian walkways, and within 100 feet of a main entrance to the building it serves.
b.
Short-term secure bicycle parking shall be located outside of the public right-of-way except as allowed through an encroachment permit.
c.
Where the secure bicycle parking area is not visible from the main entrance of the buildings, signs located at the main entrance of the building shall identify the location of bicycle parking.
3.
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 (two points of contact) 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.
4.
Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving other bicycles. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance shall be provided from vehicle parking spaces.
 FIGURE 17.27.070.A: SHORT-TERM BICYCLE PARKING |
B.
Long-Term Bicycle Parking. Long-term bicycle parking shall be provided to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.
1.
Parking Spaces Required.
a.
Multi-Unit Residential, Group Residential, and Single-Room Occupancy. A minimum of one long-term bicycle parking space shall be provided per every five dwelling units.
b.
Parking Structures. Long-term bicycle parking shall be provided at a minimum ratio of one bicycle parking space per 25 vehicle parking spaces.
c.
Other Uses. Any establishment with 25 or more full-time equivalent employees shall provide long-term bicycle parking at a minimum ratio of one bicycle parking space per 25 vehicle parking spaces.
2.
Location. Long-term bicycle parking must be located on the same lot as the use it serves and near the facility entrance. In parking structures, long-term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building shall identify the location of bicycle parking.
3.
Covered Spaces. 100% of required long-term bicycle parking for multi-unit residential development shall be covered. A minimum of 50% of long-term bicycle parking required for other land uses shall be covered. Covered bicycle parking can be provided inside buildings, garages, bike lockers, or under roof overhangs, or awnings.
4.
Anchoring and Security. Long-term bicycle parking must be in:
a.
An enclosed bicycle locker;
b.
A fenced, covered, locked, or guarded bicycle storage area;
c.
A rack or stand inside a building that is within view of an attendant or security guard, visible from employee work areas, or within a secure/restricted bicycle storage room; or
d.
Other secure areas approved by the Director.
5.
Size and Accessibility. Each long-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving other bicycles. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance shall be provided from vehicle parking spaces.
(Ord. 19-1 § 3)
§ 17.27.080 Loading.
All uses requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide offstreet loading and unloading areas to handle the volume of truck traffic and loading requirements.
A.
Residential Uses. Residential uses with 10 or more units on a site shall provide a minimum of one passenger loading/unloading space near each common entrance. The Director may approve a modification to this requirement pursuant to Chapter 17.40, Modifications, if the Director finds that adequate loading space exists due to characteristics of the project site and nature of the use.
B.
Commercial and Industrial Buildings.
1.
Number of Loading Spaces Required. At a minimum, one loading space shall be provided for all commercial and industrial buildings in excess of 10,000 square feet plus one additional space for every additional 20,000 square feet of floor area.
a.
Multi-Tenant Buildings. The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be required, if each tenant space is not provided with a loading area. Drive-in roll-up doors for multi-tenant industrial projects may be substituted for required loading areas.
b.
Reduction to Number of Loading Spaces Required. The Zoning Administrator may waive the loading space upon finding that the applicant has satisfactorily demonstrated that, due to the specific nature of the use and building, such loading space will not be necessary.
c.
Additional Loading Spaces Required. Additional loading spaces may be required to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck deliveries.
2.
Location. Loading zones and docks shall be located to the rear of properties and no truck entrance door, loading zone, or dock-serving commercial vehicles shall be permitted to face a residential area within 500 feet as measured to the nearest residential property line.
a.
Exceptions. The location requirement may be modified or waived where the review authority finds that:
i.
The intended use of the property or the location of or shape of the site and/or existing development warrant a variance;
ii.
That street-facing loading areas will exhibit architectural treatment, or will be enhanced with landscaping, in such a way as to minimize visual and noise impacts; and
iii.
There are specific features of the site and design of the building such that strict application of the orientation requirement is impractical.
3.
Size and Dimensions. Each on-site loading space required by this section shall not be less than 10 feet wide, 35 feet long, and 14 feet high. The minimum size requirement may be modified if the Zoning Administrator finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.
4.
Screening. All loading zones and truck parking areas shall be screened from view by a minimum of an eight-foot high hedge, vine-covered fence, or wall and landscaping in accordance with the Landscape Development Guidelines of the City of West Sacramento. Screen walls shall be designed with comparable building materials to the primary structure on the property excluding metal.
(Ord. 19-1 § 3)
§ 17.27.090 Parking Area Design Standards.
All parking areas except those used exclusively for stacked or valet parking shall be designed and developed consistent with the following standards. Parking areas used exclusively for stacked or valet parking are subject only to subsections G through K. Stacked or valet parking areas which will allow parking sometimes without attendants must be striped in conformance with the layout requirements of this section.
A.
Tandem Parking. Tandem parking may be permitted to satisfy parking requirements in accordance with the following.
1.
No more than two vehicles shall be placed one behind the other.
2.
Both spaces shall be assigned to a single dwelling unit or non-residential establishment.
3.
Tandem parking to meet required parking for non-residential uses may be used for employee parking; the maximum number of tandem parking spaces shall not exceed 50% of the total number of spaces.
4.
Tandem parking to meet required parking for multi-unit residential development shall be located within an enclosed structure; the maximum number of tandem parking spaces shall not exceed 50% of the total number of spaces.
5.
Tandem parking shall not be used to meet the guest parking requirement.
B.
Parking Access.
1.
Shared Access. Non-residential projects are encouraged to provide shared vehicle and pedestrian access to adjacent non-residential properties for convenience, safety, and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties approved by the Director shall be recorded in the County Recorder's office, in a form satisfactory to the City Attorney.
2.
Forward Entry. Parking facilities of four or more spaces shall be provided with suitable maneuvering room so that all vehicles accessing the facility may enter an abutting street in a forward direction.
3.
Driveway Length. Driveways providing direct access from a public street to a parking facility, garage, or carport shall be at least 20 feet in depth.
C.
Size and Dimensions of Parking Spaces and Maneuvering Aisles. Parking spaces and maneuvering aisles shall meet the minimum size and dimensions established in Table 17.27.090.C.1, Parking Space Minimum Dimensions. Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces. Maneuvering aisles shall meet the minimum size and dimensions established in Table 17.27.090.C.2, Maneuvering Aisle Minimum Dimensions.
TABLE 17.27.090.C.1: PARKING SPACE MINIMUM DIMENSIONS | ||
|---|---|---|
Type of Parking Space | Width (feet) | Length (feet) |
Standard | 9 | 18 |
Compact | 8 | 16 |
Parallel | 10 | 24 |
Accessible | Compliant with the California Building Code | |
TABLE 17.27.090.C.2: MANEUVERING AISLE MINIMUM DIMENSIONS | ||
|---|---|---|
Angle of Parking | Width (feet) | |
One-Way | Two-Way | |
Parallel | 12 | 25 |
0-30 degrees | 12 | 25 |
31-45 degrees | 14 | 25 |
46-60 degrees | 16 | 25 |
61-90 degrees | 25 | 25 |
 FIGURE 17.27.090.C: DIMENSIONS OF PARKING SPACES AND MANEUVERING AISLES |
D.
Electric Vehicle Charging Stations.
1.
Where Allowed. Electric vehicle charging stations may be provided in any area designed for the parking or loading of vehicles.
2.
Where Required. In new or renovated parking areas with five or more parking spaces, a minimum of one electric vehicle charging station shall be provided for every five parking spaces.
E.
Striping and Marking.
1.
Space Outline. All parking spaces shall be clearly outlined with double striping three inches in width, in durable white paint designed for that purpose.
2.
Maneuvering Areas. All aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe movement.
3.
Compact Spaces. All compact spaces shall be clearly marked as such.
F.
Bumpers, Curbs, and Wheel Stops. A permanent curb, bumper, wheel stop, or similar device at least six inches high and thick shall be installed to protect buildings and landscaping from vehicular damage. If such protection is provided by a wheel stop, the stopping edge shall be placed no closer than two feet from the edges of the required sidewalks, planter or landscaped areas and from any building. The two feet beyond the wheel stop may be paved, landscaped with ground cover, or used as additional sidewalk width. No walkway used for a wheel stop may be less than seven feet wide.
G.
Paving and Surfacing. All parking spaces, driveways, maneuvering aisles, and other areas dedicated to parking shall be surfaced with a concrete, asphalt, masonry, turfstones, or another comparable durable and dustless surface, in accordance with Engineering Division specifications. All parking areas shall be graded and drained as to dispose of all surface water accumulated within the area. Site-specific pavement designs for alternative durable and dustless surfaces may be submitted to the Engineering Division for review.
H.
Perimeter Curbing. Parking areas designed to accommodate 10 or more vehicles shall provide a six-inch-wide and six-inch-high concrete curb along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.
I.
Heat Island Reduction. A heat island is the increase in ambient temperature that occurs over large paved areas compared to natural landscape. In order to reduce ambient surface temperatures in parking areas, at least 50% of the areas not landscaped shall be shaded, of light-colored materials with a solar reflectance index of at least 29, or a combination of shading and light-colored materials.
J.
Lighting. Parking lot lighting shall be required for areas designed to accommodate five or more vehicles, providing a minimum of one-half foot-candle and a maximum of three foot-candles of light during the hours of use from one-half hour before dusk until one-half hour after dawn.
1.
All lighting used to illuminate an off-street parking or loading area shall be designed to direct light and glare away from any adjoining lots, residential areas, and public streets.
2.
Lighting design shall be coordinated with the landscape plan to ensure that vegetation will not substantially impair the intended illumination.
3.
Bi-level lighting shall be employed where feasible and desirable.
K.
Landscaping. Parking areas shall be landscaped in accordance with the Landscape Development Guidelines of the City of West Sacramento and/or applicable planned development standards, specific plans, or design guidelines.
L.
Circulation and Safety.
1.
Visibility. Visibility shall be ensured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.
2.
Public Service Vehicles. Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing up unreasonable distances or making other dangerous or hazardous turning movements.
3.
Pedestrian Circulation. Separate vehicular and pedestrian circulation systems shall be provided where possible. Multi-unit residential developments of five or more units must provide pedestrian access that is separate and distinct from driveways. Parking areas for commercial and mixed-use developments that are 80 feet or more in depth and/or include 25 or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:
a.
Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125% of the straightline distance.
b.
Materials and Width. Walkways shall provide at least five feet of unobstructed width and be hard-surfaced.
c.
Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces using elevation changes, different paving and surfacing materials, and other methods.
d.
Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barriers.
 FIGURE 17.27.090.L.3.d: PEDESTRIAN CIRCULATION |
M.
Alternative Parking Area Designs. Applicants may submit alternative parking area designs to the appropriate review authority if they can demonstrate that variations in the requirements of this section are warranted to achieve environmental design and green building objectives, including, but not limited to, achieving certification under the LEED Green Building Rating System or equivalent, an alternative parking area design may be approved.
N.
Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall always be kept in good repair.
(Ord. 19-1 § 3)
§ 17.28.010 Purpose.
The purposes of this chapter are to:
A.
Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B.
Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C.
Protect industry from arbitrary exclusion from areas of the City.
(Ord. 19-1 § 3)
§ 17.28.020 Applicability.
The standards of this chapter shall apply to all uses and properties existing in the City at the time of adoption of this title.
The Planning Commission may approve a maximum five-year extension for compliance for existing uses with a contract and schedule for full compliance. The extension shall be based on the degree of expenditure needed to achieve full compliance compared to the total value of the improvements related to the use and the degree of hazard or impact to the adjoining properties and the community from the existing noncompliance with the standards.
(Ord. 19-1 § 3)
§ 17.28.030 General Standard.
Land and buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.
(Ord. 19-1 § 3)
§ 17.28.040 Measurement of Impacts.
Measurements necessary for determining compliance with the performance standards of this chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.
(Ord. 19-1 § 3)
§ 17.28.050 Air Contaminants.
Uses, activities, and processes shall not operate in a manner that emits excessive dust, odor, fumes, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the Yolo-Solano Air Quality Management District (YSAQMD). The City shall consult with YSAQMD to determine which uses shall be equipped with emission-control devices or measures to preclude fugitive dust and particulate emissions from the site. Such devices or measures shall be approved by YSAQMD prior to issuance of a Building Permit or other approval authorizing construction activities. All devices shall be maintained by the owner.
(Ord. 19-1 § 3)
§ 17.28.060 Electromagnetic Interference.
Uses, activities, and processes shall not cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities, and processes shall comply with the applicable Federal Communications Commission regulations.
(Ord. 19-1 § 3)
§ 17.28.070 Fire and Explosive Hazards.
Uses, activities, and processes involving the use of, or storage of, flammable and explosive materials, shall be provided with adequate safety devices against the hazard of fire and explosion. No use shall store or process flammable or explosive materials more than the quantities exempted by the building code, unless a permit has been granted by the Fire Department. All incineration is prohibited with the exception substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the Fire Department deems it a practical necessity. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department.
(Ord. 19-1 § 3)
§ 17.28.080 Glare.
Uses, activities, and processes shall not be operated such that significant, direct glare, incidental to the operation of the use, is visible beyond the boundaries of the property where the use is located.
(Ord. 19-1 § 3)
§ 17.28.090 Hazardous and Extremely Hazardous Materials.
Uses, activities, and processes involving hazardous and extremely hazardous materials shall comply with the provisions of Chapter 8.18, Hazardous Materials, of the municipal code, fire and building codes, regulations of the California Department of Toxic Substances Control, and regulations of the County Environmental Health Agency. Hazardous materials shall include carcinogens and liquids and solids which are unstable at ambient temperatures. Projects utilizing hazardous and extremely hazardous materials shall comply with the following:
B.
Hazardous Material Management Plan. Projects using hazardous and extremely hazardous materials shall provide a Hazardous Material Management Plan for the review and approval by the Hazardous Materials Division, the Hazardous Materials Committee, and the Fire Department prior to final building inspection. Hazardous Material Management Plans shall demonstrate that adequate safety precautions have been taken to ensure the proper handling of hazardous and extremely hazardous materials, including, but not limited to, the following:
C.
Conditional Use Permit Required. If upon the review of the Hazardous Materials Management Plan, the Hazardous Materials Division or Hazardous Materials Committee determines that the hazardous and extremely hazardous materials pose a significant public health risk beyond the property line, the applicant shall be required to obtain a Conditional Use Permit approved by the Planning Commission.
D.
Hazardous Material Signage. All buildings or structures containing hazardous and extremely hazardous materials shall be labeled on all doorways and entrances with easy-to-read signs. Signs shall provide emergency response teams with information on the hazardous contents of the building or structure and proper containment procedures. Signage shall conform to standards established by the Fire Department.
(Ord. 19-1 § 3)
§ 17.28.100 Heat and Humidity.
Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with the ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase of more than five degrees Fahrenheit on another property.
(Ord. 19-1 § 3)
§ 17.28.110 Noise.
A.
Acoustic Study. An acoustic study shall be required for any proposed project which could create or be subject to a noise that exceeds the levels contained in Tables S-7.1 through S-7.4 in the General Plan.
B.
Noise Attenuation Measures. Any project subject to the acoustic study requirements of subsection A, Acoustic Study, may be required as a condition of approval to incorporate noise attenuation measures deemed necessary to ensure that noise standards are not exceeded.
1.
New noise-sensitive uses (e.g., schools, hospitals, churches, and residences) shall incorporate noise attenuation measures to achieve and maintain an interior noise level of 45 dBA.
2.
Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels.
3.
Emphasis shall be placed upon site planning and project design measures. The use of noise barriers shall be considered and may be required only after all feasible design-related noise measures have been incorporated into the project.
(Ord. 19-1 § 3)
§ 17.28.120 Radioactivity.
Uses, activities, and processes shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground.
(Ord. 19-1 § 3)
§ 17.28.130 Waste.
A.
Discharge. Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with Title 13, Public Services, of the municipal code, applicable regulations of the Central Valley Regional Water Quality Control Board.
B.
Containment. Waste shall be handled and stored to prevent nuisances, health, safety, and fire hazards, and to facilitate recycling. Material, including, but not limited to, paper products, plastic, dirt, sand, lime, seed, bran, chaff, wood refuse, and other readily transportable compounds, shall be contained in a way it cannot be tracked or carried by wind off site.
(Ord. 19-1 § 3)
§ 17.28.140 Vibration.
No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. Where vibration dampeners are proposed, project applications shall include an engineered study establishing the effectiveness of the dampeners based on actual conditions.
(Ord. 19-1 § 3)
§ 17.29.010 Purpose.
The purpose of this chapter is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this chapter is intended to:
A.
Balance public and private objectives by allowing adequate avenues for both commercial and noncommercial messages;
B.
Encourage signs as an effective channel of communication while preventing visual clutter that will detract from the aesthetic character of the City;
C.
Protect and improve the local economy and quality of life by preserving and enhancing the appearance of the streetscape;
D.
Maintain and enhance the City's appearance by regulating the location, number, type, quality of materials, size, illumination, and maintenance of signs;
E.
Restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians or drivers;
F.
Provide clear and unambiguous sign standards that enable fair and consistent enforcement; and
G.
Ensure that the constitutionally guaranteed right of free speech is protected.
(Ord. 19-1 § 3)
§ 17.29.020 Definitions.
As used in this chapter, the following terms shall have the following meanings:
A.
Animated Sign. A sign with messages that visually change, or images that move or appear to move, flash on or off, wink or blink with varying light intensity, show motion or create the illusion of motion, or revolve to create an illusion of being on or off.
B.
Awning Sign. A sign placed on an awning.
 FIGURE 17.29.020.B: AWNING SIGN |
C.
Balloon. Any air-or gas-filled device used for the purposes of signage or advertising.
D.
Billboard. A sign used for general advertising for hire, that is, some or all of the display area is customarily used to display the messages of advertisers or sponsors other than the owner of the sign.
E.
Canopy Sign. A sign attached to a fixed overhead shelter used as a roof, which may or may not be attached to a building.
 FIGURE 17.29.020.E: CANOPY SIGN |
F.
Commercial Message. A message on a sign, or portion of a sign, that promotes, informs, or proposes an economic transaction, primarily concerns the economic interests of the sign sponsor and/or audience, or is intended to further discussion in the marketplace of goods and services.
G.
Copy. Also called "sign copy." The visually communicative elements mounted on a sign.
H.
Damaged Sign. Any sign with cracked or broken panels, peeling paint, missing letters, or any sign that has been partially destroyed by any cause.
I.
Directional Sign. A sign that directs or guides pedestrian or vehicular traffic and which is nonadvertising in nature (e.g., handicapped parking, one-way, exit, and entrance).
J.
Electronic Copy. A sign having the capability of presenting variable message displays by projecting an electronically controlled pattern, and which can be programmed to periodically change the message display.
K.
Flag. Any fabric or banner containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.
L.
Freestanding Sign. A sign supported by structures or supports that are placed on or anchored in the ground, and which are structurally independent from any building.
 FIGURE 17.29.020.L: FREESTANDING SIGNS |
M.
Freeway Information Sign. A multi-tenant sign advertising freeway-oriented businesses near a freeway interchange.
N.
General Advertising for Hire. The advertising or promoting of other businesses, establishments or causes using methods of advertising, typically for a fee or other consideration, in contrast to self-promotion or on-site advertising.
O.
Government Sign. A governmental sign for control of traffic and other regulatory purposes, including street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety.
P.
Graffiti. Marks, such as inscriptions, drawings, or designs, which are placed, scratched, etched, painted, or sprayed on public or private property without the owner's consent.
Q.
High-Rise Building Identification Sign. A sign on a building of at least four stories indicating the name of the building or residential development.
R.
Illuminated Sign. A sign with an artificial source of light incorporated internally or externally for illuminating the sign.
S.
Inflatable Sign. A form of inflatable device (e.g., shaped as an animal, blimp, or other object) that is displayed, printed, or painted on the surface of an inflatable background, and is primarily installed outside a building to attract attention to or to advertise a business, a business location, a service, a product, or an event.
T.
Internally Illuminated Sign. A sign that is illuminated by a light source that is contained inside the sign where the message area is luminous, including cabinet signs and channel-letter signs.
U.
Master Sign Program. A coordinated sign plan which includes details of all signs (not including exempt or temporary signs) which are or will be placed on a site.
V.
Memorial Sign. An informational non-commercial sign, memorializing a person, event, structure, or site.
W.
Mobile Billboard. Any vehicle, or wheeled conveyance which carries, conveys, pulls, displays, or transports any sign or billboard for the primary purpose of advertising a commercial or noncommercial message, or other general advertising for hire.
 FIGURE 17.29.020.W: MOBILE BILLBOARD |
X.
Moving Sign. A sign or any portion thereof that rotates, moves, or appears to move in some manner by mechanical, electrical, natural, or other means.
Y.
Non-Commercial Message. A message or image on a sign that directs public attention to or advocates an idea or issue of public interest or concern that does not serve to advertise or promote any business, product, activity, service, interest, or entertainment.
Z.
Nonconforming Sign. A sign lawfully erected and legally existing on the effective date of the ordinance codified in this Code, but which does not conform to the provisions of this Code.
AA.
Outdoor Advertising Structure. Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.
BB.
Pennant. A device made of flexible materials (e.g., cloth, paper, or plastic) that may or may not contain copy, and which is installed for attracting attention.
CC.
Permanent Sign. A sign that is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall, or building.
DD.
Portable Sign. A moveable sign that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground, including, but not limited to, A-frame and H-frame signs are allowed subject to the following standards.
 FIGURE 17.29.020.DD: PORTABLE SIGN, A-FRAME SIGN |
EE.
Projecting Sign. A single-or double-faced sign that is perpendicular to the face of a building and projects more than 15 inches from the face.
 FIGURE 17.29.020.EE: PROJECTING SIGN |
FF.
Roof Sign. Any sign located on a roof of a building or having its major structural supports attached to a roof that extend above the roofline or parapet.
 FIGURE 17.29.020.FF: ROOF SIGN |
GG.
Sign. Any identification, description, illustration, or device illuminated or non-illuminated, which is visible to the public from any exterior public right-of-way, and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, or placard designed to advertise, identify, or convey information. A display, device, or thing need not contain lettering to be a sign.
HH.
Sign Area. The area contained within a single continuous perimeter enclosing all parts of such sign copy, excluding any structural elements outside the limits of the sign required to support the sign.
II.
Sign Face. An exterior display surface of a sign, including non-structural trim, exclusive of the supporting structure. The area of a sign which is available for mounting and public display of the visually communicative image.
JJ.
Traffic Sign. A sign for traffic direction, warning, and roadway identification.
KK.
Wall Sign. A sign affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of such building.
 FIGURE 17.29.020.KK: WALL SIGN |
LL.
Window Sign. A temporary or permanent sign with a single face of copy that is painted or installed on a glass window or door, or located within 12 inches from inside the window, in a manner that it can be viewed from the exterior of a structure.
 FIGURE 17.29.020.LL: WINDOW SIGN |
(Ord. 19-1 § 3)
§ 17.29.030 Applicability.
A.
The provisions of this chapter apply to all signs in all zones, constructed or physically altered on or after the effective date of the ordinance codified in this title, unless otherwise specified.
1.
The provisions of this chapter shall not be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings; create a safety hazard by impeding travel on sidewalks, bike lanes, or vehicle lanes; or violate any other reasonable time, place, and manner restrictions adopted by the City.
2.
The provisions of this chapter shall not require alteration of the display of any registered mark, trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.
B.
Regulatory Interpretations. The provisions of this chapter shall be applied in a content-neutral manner. Non-communicative aspects of all signs, not related to the content of the sign, shall comply with the provisions of this chapter. "Non-communicative aspects" include the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.
(Ord. 19-1 § 3)
§ 17.29.040 Exemptions.
The following signs are exempt from the permit requirements of this chapter, and do not count toward the maximum sign area limitation for a site, provided that they conform to the specified standards.
A.
Address Signs. Required address identification signs that are in conformance with the Building Code.
B.
Commercial Displays on Vehicles. Displays on vehicles related to the goods or services provided by the vehicle owner or operator and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the City.
C.
Directional Signs. Directional and/or informational signs not more than eight square feet in area or four feet in height for the direction or convenience of the public such as outlining/assisting vehicle and pedestrian circulation within a site, egress, ingress, and any public facilities such as restrooms, telephones, walkways, and other similar features.
D.
Flags. Flags that do not display a commercial message and are erected and located in accordance with the following standards:
1.
Maximum Allowable Sign Area. The maximum allowable sign area for an individual flag is 32 square feet.
2.
Maximum Sign Height. The maximum flagpole height is 30 feet.
3.
Location of Sign. Flagpoles shall not be located within any required setback.
4.
Maximum Number of Signs. No more than two flags per lot in Residential Zones, no more than three flags per lot in all other zones.
E.
Government Signs. Official notices issued by a court, public body, or office and posted in the performance of a public duty; notices posted by a utility or other quasi-public agency; signs erected by a governmental body to direct or regulate pedestrian or vehicular traffic; non-commercial bus stop signs erected by a public transit agency, or other signs required or authorized by law.
F.
Historic Plaques and Commemorative Signs. Historic plaques, memorial signs or tablets, or commemorative signs indicating names of buildings and dates of building erection, either attached to or cut into the surfaces of buildings, with a maximum allowable sign area of four square feet per sign.
G.
Interior Signs. Signs that are in the interior areas of a building or site not visible from the public right-of-way, and at least three feet from a window, door, or other exterior wall opening.
H.
Manufacturer's Mark. Manufacturer's marks, including signs on items such as vending machines, gas pumps, and ice containers with a maximum allowable sign area of four square feet per sign.
I.
Mobile Vendor Signs. Signs fixed to mobile vending vehicles that identify or advertise the name, product, or service provided by the vendor. Each mobile vending vehicle is limited to a maximum sign area of eight square feet.
J.
Nameplate. One nameplate for each tenant or occupancy not to exceed two square feet in area indicating the name of the occupant or tenant.
(Ord. 19-1 § 3)
§ 17.29.050 Prohibitions.
Unless otherwise permitted by a specific provision of this chapter, the following sign types are prohibited:
A.
Animated or Moving Signs. Animated, flashing, blinking, reflecting, revolving, or other similar sign with visibly moving or rotating parts or visible mechanical movement of any kind, unless expressly permitted by another section of this chapter.
B.
Balloons, Inflatable Signs, Streamers, Pennants and Other Attention-Getting Devices. Balloons, inflatable signs, streamers, pennants, and other attention-getting devices, made of light-weight fabric or similar material, designed to rotate or move with the wind, that direct, promote, or that are otherwise designed to attract attention.
C.
Cabinet or Can Signs. Internally illuminated cabinet and can signs.
D.
Fence Signs. Signs attached or painted on fences or freestanding walls that are not part of a building.
E.
General Advertising. Temporary signs that publicize or promote other businesses or causes using methods of advertising (in contrast to self-promotion, on-site sales, or on-site advertising). General advertising is also known as advertising for hire.
F.
Mobile Billboards. Any sign carried or conveyed by a vehicle for the primary purpose of general advertising for hire. This prohibition eliminates mobile billboard advertising within the City to reduce traffic congestion, promote the safe movement of vehicular traffic, to reduce air pollution, and improve the aesthetic appearance of the City. This prohibition does not apply to displays on vehicles related to the goods or services provided by the vehicle owner or operator and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the City.
H.
Search Lights and Klieg Lights. Search and Klieg lights when used as attention-attracting devices for commercial uses.
I.
Signs Located in the Public Right-of-Way or on Public Property. Other than official government signs or warning signs required by law, no inanimate sign can be placed in or project into the public right-of-way or on public property unless authorized by an encroachment permit.
J.
Signs Affixed to Trees. Signs affixed to or cut into trees or other living vegetation shall be prohibited.
K.
Signs on Terrain. Signs cut, burned, marked, or displayed in any manner on a street, sidewalk, cliff, hillside, or other terrain feature shall be prohibited.
L.
Signs Creating Traffic or Pedestrian Safety Hazards. Signs placed, located, or displayed in such a manner as to constitute a traffic or pedestrian safety hazard shall be prohibited.
1.
Signs that obstruct use of any door, window, or fire escape.
2.
Signs that impede normal pedestrian use of public sidewalks. A minimum unobstructed width of four feet must always be maintained.
3.
Signs that constitute a traffic hazard or obstruct the view of traffic, any authorized traffic sign, or signal device.
4.
Signs that create confusion or conflict with any authorized traffic sign or signal device due to color, location, wording, or use of specific phrases, symbols, or characters.
M.
Signs Producing Noise or Emissions. Signs producing visible smoke, vapor, particles, odor, noise, or sounds that can be heard at the property line shall be prohibited. This prohibition excludes menu boards with voice units at drive-through facilities.
N.
Signs for Prohibited Uses. A sign displaying a commercial message promoting a business that is a prohibited use and has not been established as a legal nonconforming use.
O.
Unauthorized Signs. Signs shall not be placed on private or public property without the permission of the property owner.
(Ord. 19-1 § 3)
§ 17.29.060 Sign Measurement.
A.
Measuring Sign Area. Building painting, striping, and supporting structures are not included in sign area. The sign area is the total area contained within the smallest rectangular perimeter encompassing the sign, structures, and any background embellishments. The sign area for individual channel letter signs is the area contained by the smallest rectangular perimeter that will encompass each word. The area of an individual sign shall be calculated as follows:
 FIGURE 17.29.060.A: MEASURING SIGN AREA |
1.
Single-Faced Signs. The sign area is the area of the sign face.
2.
Double-Faced Signs. Where two faces of a double-faced sign are located two feet or less from one another at all points or located at an interior angle of 45 degrees or less from one another, the sign area of double-faced signs is computed as the area of one face. Where the two faces are not equal in size, the larger sign face will be used. Where two faces of a double-faced sign are located more than two feet or greater than 45 degrees from one another, both sign faces are counted toward sign area.
 FIGURE 17.29.060.A.2: MEASURING DOUBLE-FACED SIGNS |
3.
Multi-Faced Signs. On a three-faced sign, where at least one interior angle is 45 degrees or less, the area of two faces (the largest and smallest face) must be summed to determine sign area. In all other situations involving a sign with three or more sides, sign area will be calculated as the sum of all faces.
 FIGURE 17.29.060.A.3: MEASURING MULTI-FACED SIGNS |
4.
Three-Dimensional Signs. Three-dimensional signs include those that consist of, or have attached to them, one or more three dimensional objects such as balls, cubes, clusters, sculpture, or statue-like trademarks. The sign area is the sum of all areas using the four vertical sides of the smallest rectangular prism that will encompass the sign.
 FIGURE 17.29.060.A.4: MEASURING THREE-DIMENSIONAL SIGNS |
B.
Measuring Sign Height. The height of a sign is the vertical distance from the uppermost point used to measure sign area to the existing grade immediately below the sign.
1.
Freestanding Signs. The height of freestanding signs, including freeway information signs, shall be measured as the vertical distance from grade at the edge of the right-of-way along which a sign is placed, to the highest point of the sign, including any structural or architectural component of the sign. When the grade at the edge of the right-of-way is higher than the site on which the sign is placed, that portion of the sign below the grade at the edge of the right-of-way shall not be included in determining the sign's overall height.
 FIGURE 17.29.060.B: MEASURING SIGN HEIGHT |
C.
Measuring Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or background embellishments.
 FIGURE 17.29.060.C: MEASURING SIGN CLEARANCE |
D.
Building Frontage. Building frontage shall be measured as the widest lineal dimension, parallel to the ground, of a continuous frontage. A building's frontage is considered continuous if projections or recesses in a building wall do not exceed 10 feet in any direction. For buildings with two or more frontages, the length of the frontage and allowable sign area shall be calculated separately for each building frontage.
 FIGURE 17.29.060.D: BUILDING FRONTAGE |
E.
Street Frontage. The length of street frontage is measured along the property line adjacent to the public right-of-way.
(Ord. 19-1 § 3)
§ 17.29.070 General Provisions.
A.
Applicable Codes. In addition to complying with the provisions of this section, all signs must be constructed in accordance with the Uniform Building code, the Uniform Sign Code, the Electrical Code, and all other applicable laws, rules, regulations, and policies.
B.
Changes to Copy of Approved Signs. Changes to the copy of approved signs that were legally established and have not been modified to become illegal are exempt from permitting pursuant to this title. Changes to copy do not include changes to the type or level of illumination of an approved sign.
C.
Noncommercial Signs. Non-commercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. For purposes of this chapter, all non-commercial speech messages will be deemed to be "on-site," regardless of location.
D.
Message Substitution. A non-commercial message of any type may be substituted, in whole or in part, for any duly permitted commercial message, any non-commercial message may be substituted for any non-commercial message, and any on-site commercial message may be substituted for any on-site commercial message.
1.
No Additional Approval Required. Such substitution of message may be made without any additional approval, permitting, registration, or notice to the City. This provision prevents any inadvertent favoring of commercial speech over non-commercial speech or favoring any non-commercial message over any other non-commercial message.
2.
Limitations. This provision does not allow the following:
a.
Create the right to increase the total amount of signage for a parcel, lot, or land use;
b.
Affect the requirement that a sign structure or mounting device be properly permitted;
c.
Allow a change in the physical structure of a sign or its mounting device; or
d.
Authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message.
E.
Sign Materials. All signs shall be made of sturdy, durable materials.
F.
Changeable Copy.
1.
Manual Changeable Copy. Manually changeable copy shall represent no more than 50% of the sign area.
2.
Automatic Changeable Copy and Electronic Message Center Signs. Electronic Message Center (EMC) signs and automatic changeable copy in which copy can be changed or altered by electric, electromechanical, electronic, or any other artificial energy means, are allowed subject to the following standards.
a.
Permit Required. All automatic changeable copy and electronic message center signs require Minor Use Permit approval, except service and gas station price signs and time and temperature signs.
b.
Display Duration. The display shall change no more frequently than once every eight seconds and must have an unlighted interval between copy displays of 0.3 second or more.
c.
Static Message. Displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination, or the flashing, scintillating or varying of light intensity.
d.
Light Intensity. 0.3 foot-candles over ambient lighting conditions when measured at a distance equal to the square root of 100 times the area of the sign in square feet. All electronic copy must be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot-candle measurements.
e.
Automatic Controls. All electronic message displays shall be equipped with automatic controls to allow for adjustment of brightness based on ambient lighting conditions.
H.
Encroachment. Signs mounted on private property may project into or above public property or the public right-of-way only with approval of an encroachment permit.
(Ord. 19-1 § 3)
§ 17.29.080 Signage Allowances by Zone.
This section establishes the types of signs and, where applicable, the total aggregate sign area, allowed per zone.
A.
Agricultural Zone. Non-residential uses that are the primary use on a site in the Agricultural Zone are allowed the following types of signs with a total aggregate sign area of one foot per eight feet of street frontage and subject to Section 17.29.090, Signage Standards for Specific Sign Types.
B.
Residential Zones.
1.
Residential Developments. Residential developments of two or more units or lots are allowed the following types of signs with a total aggregate sign area of one square foot per two dwelling units and subject to Section 17.29.090, Signage Standards for Specific Sign Types.
2.
Non-Residential Uses. Non-residential uses that are the primary use on a site in a Residential Zone are allowed following types of signs with a total aggregate sign area of one foot per eight feet of street frontage and subject to Section 17.29.090, Signage Standards for Specific Sign Types.
a.
Awning and canopy signs (Section 17.29.090.A, Awning and Canopy Signs)
b.
Freestanding signs (Section 17.29.090.B, Freestanding Signs)
c.
Projecting and shingle signs (Section 17.29.090.D, Projecting and Shingle Signs)
d.
Wall signs (Section 17.29.090.E, Wall Signs)
e.
Window signs (Section 17.29.090.F, Window Signs)
C.
Commercial and Mixed-Use Zones. The following types of signs are allowed in Commercial and Mixed-Use Zones subject to Section 17.29.090, Signage Standards for Specific Sign Types.
1.
Awning and canopy signs (Section 17.29.090.A, Awning and Canopy Signs)
2.
Freestanding signs (Section 17.29.090.B, Freestanding Signs)
3.
High-rise building identification signs (Section 17.29.090.C, High-Rise Building Identification Signs)
4.
Projecting and shingle signs (Section 17.29.090.D, Projecting and Shingle Signs)
5.
Wall signs (Section 17.29.090.E, Wall Signs)
6.
Window signs (Section 17.29.090.F, Window Signs)
D.
Employment Zones. The following types of signs are allowed in Employment Zones subject to Section 17.29.090, Signage Standards for Specific Sign Types.
1.
Awning and canopy signs (Section 17.29.090.A, Awning and Canopy Signs)
2.
Freestanding signs (Section 17.29.090.B, Freestanding Signs)
3.
High-rise building identification signs (Section 17.29.090.C, High-Rise Building Identification Signs)
4.
Wall signs (Section 17.29.090.E, Wall Signs)
5.
Window signs (Section 17.29.090.F, Window Signs)
(Ord. 19-1 § 3)
§ 17.29.090 Signage Standards for Specific Sign Types.
This section establishes standards for specific sign types that apply to all zones where such signs are allowed.
A.
Awning and Canopy Signs. Signs painted or printed on awnings, canopies, arcades, or similar attachments or structures are subject to the following standards.
1.
Maximum Allowable Sign Area. Awning and canopy signs shall have a maximum allowable sign area of 10 square feet, or 25% of the total awning area, whichever is less.
2.
Maximum Sign Height. Awning and canopy signs shall have a maximum height of 14 feet.
3.
Minimum Sign Clearance. Awning and canopy signs shall have a minimum sign clearance of eight feet.
4.
Maximum Number of Signs. Awning and canopy signs shall be limited to one per each establishment with an entrance or offering services under the awning or canopy.
5.
Illumination. Awning and canopy signs shall not be illuminated.
 FIGURE 17.29.090.A: AWNING AND CANOPY SIGNS |
B.
Freestanding Signs. Freestanding signs are subject to the following standards.
2.
Maximum Sign Height.
a.
Agricultural and Residential Zones. Six feet.
b.
Commercial and Commercial Highway Zones. Freestanding signs in the Commercial and Commercial Highway Zones, except for freeway information signs, shall have a maximum height of 12 feet.
c.
Mixed-Use Zones. Freestanding signs in the CBD, WF, MU-NC, and MU-C zones, shall have a maximum height of 8 feet.
d.
Employment and Public and Semi-Public Zones. Eight feet.
3.
Support Structure. The width of the support structure of freestanding signs shall be least one-third of the width of the sign face. The support structure shall be made of materials present on the façade of the building of the related business.
4.
Location of Sign. All freestanding signs shall meet visibility requirements pursuant to Section 17.22.160, Visibility at Intersections.
a.
Commercial and Mixed-Use Zones. Freestanding signs in the Commercial and Mixed-Use Zones shall be set back at least five feet from any street-facing property line, and at least 20 feet from any Residential Zone boundary.
b.
Employment Zones. Freestanding signs in the Employment Zones shall be set back at least five feet from any street-facing property line, and at least 20 feet from any Residential boundary.
c.
All Other Zones. Freestanding signs in all other zones shall be set back at least one foot for every foot of sign height.
C.
High-Rise Building Identification Signs. High-rise building identification signs are allowed on buildings of at least four stories, subject to the following standards.
1.
Maximum Allowable Sign Area. High-rise building identification signs shall have a maximum allowable sign area of one square foot per linear foot of building frontage.
2.
Location of Sign. High-rise building identification signs shall be located on the upper-most story of the building.
3.
Maximum Number of Signs. High-rise building identification signs shall be limited to one per building frontage.
 FIGURE 17.29.090.C: HIGH-RISE BUILDING IDENTIFICATION SIGNS |
D.
Projecting and Shingle Signs. Signs that project horizontally from the exterior wall of a building or are suspended beneath a marquee, covered walkway, canopy, or awning, are subject to the following standards.
2.
Maximum Sign Height. 15 feet.
3.
Minimum Sign Clearance. Eight feet.
4.
Maximum Number of Signs. One for each building frontage or tenant space.
5.
Projection Allowed.
a.
Projecting Sign. A projecting sign cannot extend more than four feet from the building to which it is attached and must be designed and located so as to cause no harm to street trees. Signs projecting into the public right-of-way are subject to an encroachment permit.
b.
Shingle Sign. A shingle sign cannot extend further than the outer edge of the marquee, covered walkway, canopy, or awning from which it is suspended.
6.
Illumination. Projecting and shingle signs shall not be illuminated.
 FIGURE 17.29.090.D: PROJECTING AND SHINGLE SIGNS |
E.
Wall Signs. Wall signs include any sign attached to, erected against or painted upon the wall of a building or structure. Wall signs are subject to the following standards.
1.
Maximum Allowable Sign Area. In all cases, wall sign copy shall not occupy more than 20% of the total area of the wall to which the sign is attached.
2.
Location of Sign.
a.
Wall signs shall not be placed higher than the second story of a building.
b.
Wall signs shall not cover or interrupt major architectural features, including such features as doors, windows, or tile embellishments.
c.
Wall signs shall not extend higher than the building wall upon which they are attached.
3.
Maximum Number of Signs. One per building frontage or tenant space.
4.
Attachment. Wall signs may be attached according to the following standards:
a.
Attached flat against or pinned away from a building wall, but not extending or protruding more than 15 inches from the wall; or
b.
Attached to the façade of a building or on a sloping roof (mansard roof), but not extending above the upper edge of the façade or the sloping roof.
 FIGURE 17.29.090.E: WALL SIGNS |
F.
Window Signs. Signs painted on or otherwise adhered directly onto a window and signs that block a window in any way are subject to the following standards.
(Ord. 19-1 § 3)
§ 17.29.100 Freeway Information Signs.
A.
Conditional Use Permit Required. Freeway information signs are allowed subject to a Conditional Use Permit approval.
B.
Maximum Allowable Sign Area. Freeway information signs shall have a maximum allowable sign area of 600 square feet. Any individual business identified by the freeway information sign shall have a maximum sign area of 100 square feet. Any individual parcel shall be limited to 50% of the sign area.
C.
Maximum Sign Height. Freeway information signs shall have a maximum height of 65 feet.
D.
Location of Sign. Freeway information signs shall be located within 1,000 feet of the start of the off-ramp to which they apply.
E.
Maximum Number of Signs. Freeway information signs shall be limited to one per side of a freeway interchange.
(Ord. 19-1 § 3)
§ 17.29.110 Sign Permit Required.
A.
Sign Permit Required. Except as otherwise provided in this chapter, it is unlawful for any person to affix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a face change of sign copy), move, or display any temporary or permanent sign within the City without first obtaining a sign permit from the Director. No sign permit is required for exempt signs or normal maintenance of a previously approved sign, unless a structural or electrical change is made.
B.
Application. Application for a permit shall be made upon forms provided by the Planning Division and accompanied by the required fee and application materials showing the following:
C.
Review and Decision.
1.
Upon acceptance of a sign application, the Director shall review the request for compliance with the standards and requirements of this chapter, and with any standards established in a Master Sign Program pursuant to Section 17.29.120, Master Sign Program.
2.
The Director's decision shall clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions.
D.
Agreement Required. No sign permit shall be issued, and no sign erected, unless the City and the sign owner have entered into a written agreement ensuring that the sign is erected and maintained in compliance with this chapter. The sign owner shall be solely responsible for all costs associated with construction, maintenance, and the ultimate removal of the sign. The agreement and the sign permit shall be revocable at any time for failure to comply with this chapter or the terms of the agreement, or if the City determines that the sign interferes with the public's safe use of the right-of-way.
E.
Permit Number Identification. A tag issued by the City indicating the sign permit number shall be affixed to the sign to be readily visible by City staff.
(Ord. 19-1 § 3)
§ 17.29.120 Master Sign Program.
A.
Purpose. The purpose of a Master Sign Program is to provide a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a more unified appearance.
C.
Application. A Master Sign Program application shall contain all written and graphic information needed to fully describe the proposed sign program, including the proposed location and dimension of each sign, as well as proposed color schemes, font types, materials, methods of attachment or support, and methods of illumination. A Master Sign Program application shall also include calculation of maximum allowable sign area, and total proposed sign area, for the site.
D.
Modifications to Sign Standards. A Master Sign Program may provide for modifications from the standards of this chapter.
E.
Review Authority. All Master Sign Programs are subject to review and approval of the Review Authority for the project with which the signs are associated. A Master Sign Program may be submitted separately or as part of the permit application for the project.
F.
Required Findings. The Review Authority must make all of the following findings in order to approve a Master Sign Program, in addition to the other applicable regulations in this section. The inability to make one or more of the findings is grounds for denial of an application.
1.
The proposed signs are compatible in style and character with any building to which the signs are to be attached, any surrounding structures and any adjoining signage on the site;
2.
Future tenants will be provided with adequate opportunities to construct, erect, or maintain a sign for identification; and
3.
Directional signage and building addressing are adequate for pedestrian and vehicular circulation and emergency vehicle access.
G.
Lessees to Be Informed of Master Sign Program. Lessees within developments subject to the requirements of an approved Master Sign Program shall be made aware of the Master Sign Program in their lease.
(Ord. 19-1 § 3)
§ 17.29.130 Nonconforming Signs.
A.
Continuance and Maintenance. Reasonable and routine maintenance and repairs may be performed on signs that are nonconforming provided there is no expansion of any nonconformity.
B.
Abandonment of Nonconforming Sign. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of 90 days, the nonconforming sign must be removed.
C.
Restoration of a Damaged Sign. A nonconforming sign may be restored if it meets either of the following criteria:
1.
A sign with damage that does not exceed 50% of the total sign area, including hardware and attachments, provided that the repairs start within 60 days of the date of damage and are diligently pursued to completion.
2.
A sign that is a danger to the public or is unsafe as determined by the Building Official.
(Ord. 19-1 § 3)
§ 17.29.140 Sign Maintenance.
Each sign displayed within the City, including exempt signs, shall be maintained to comply with the following standards:
A.
Graffiti on a sign shall be removed within two days of notice of its placement on such sign.
B.
The display upon any sign area of a sign shall be maintained in good condition, without rips, tears, and similar damage.
C.
All parts, portions, units and materials composing a sign, together with the frame, background, surface, support or enclosure therefore shall be maintained in a safe condition, painted, and adequately protected from weathering with all braces, bolts and structural parts and supporting frames and fastenings reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.
D.
Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, or other dilapidated condition shall be promptly repaired, to the satisfaction of the City, or removed.
E.
Whenever any sign, by virtue of its physical nature and condition, poses an immediate and serious threat to the public safety, the sign may be removed by City personnel, or its physical deficiency cured, to the extent necessary to protect the public safety. The cost of such removal or repair shall be assessed against the sign owner.
F.
An on-premises sign identifying an activity, business, service or product shall be removed within 30 days following the actual discontinuance of the activity, business, service or product. If the sign is not so removed, the Director may have the sign removed in accordance with the public nuisance abatement provisions of this title.
(Ord. 19-1 § 3)
§ 17.29.150 Enforcement.
Signs that do not conform to the provisions of this chapter and are erected after its effective date without obtaining required permits thereby are declared to be unlawful and a public nuisance. All violations of this chapter shall be subject to enforcement remedies, penalties, and abatement as provided by Chapter 17.46, Enforcement, and Title 19, Nuisance Abatement Code, of the municipal code.
(Ord. 19-1 § 3)
§ 17.30.010 Purpose.
The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zones. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the public.
(Ord. 19-1 § 3)
§ 17.30.020 Applicability.
Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this title requires in the zone where the use or activity is proposed and all other applicable provisions of this title.
A.
The uses that are subject to the standards in this chapter shall be located only where allowed by base, specific plan, and overlay zone use regulations.
B.
The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by zone regulations, such as a Conditional Use Permit, except where this chapter establishes a different planning permit requirement for a specific use.
(Ord. 19-1 § 3)
§ 17.30.030 Accessory Uses.
An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zone. These regulations are found in the land use regulation tables in Division II, Zone Regulations, and may be subject to specific standards found in this chapter or within each zone, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Chapter 17.22, General Site Regulations.
(Ord. 19-1 § 3)
§ 17.30.040 Accessory Dwelling Units.
Accessory dwelling units shall comply with all provisions of the base, overlay, or specific plan zone, except as modified by this section.
A.
Residential Density. Even if requirements such as floor area ratio, proportionality (i.e. 50% threshold) to the existing or proposed primary dwelling unit's floor area, or other zoning standards cannot be met, the city must still allow an 850 square foot unit with setbacks of four feet from side and rear property lines, and up to the maximum building height permitted by the underlying zoning district.
B.
Primary Dwelling Unit Required. The lot shall contain an existing detached single-unit dwelling at the time an application for an accessory dwelling unit is submitted, or the application for the accessory dwelling unit may be made in conjunction with the development of the primary dwelling. For ADUs in multi-family dwellings see subsection C below.
C.
Number of Units. No more than one accessory dwelling unit and one junior accessory unit shall be permitted on any one lot. If the lot has an existing multifamily unit building then multiple ADUs are allowed in portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. Two detached ADUs can be added on a lot that has an existing multifamily dwelling.
D.
Floor Area. The allowable square footage is 850 square feet for a one-bedroom ADU and 1,000 for an ADU over one bedroom. Lots larger than one acre can continue to have an ADU up to 1,200 square feet. The Junior ADU maximum square footage is 500 square feet.
E.
Setbacks. Accessory dwelling units shall be setback four feet from the side and rear property lines except as provided below:
1.
Garage Conversions. No setback shall be required for an existing, legally permitted garage that is converted to an accessory dwelling unit. However, no addition may be constructed to the converted garage that increases the encroachment into the setback.
2.
Accessory Dwelling Unit Constructed Above a Garage. If an accessory dwelling unit is constructed above a garage, a setback of no more than four feet from the interior lot lines shall be required for the accessory dwelling unit.
F.
Design and Materials. The exterior design and materials of the accessory dwelling unit shall be visually compatible with the primary dwelling regarding the roof, building walls, doors, windows, horizontal/vertical expression, and architectural detail.
G.
Utilities. Accessory dwelling units shall be metered separately from the primary dwelling for gas, electricity, communications, water, and sewer service except for accessory dwelling units constructed entirely within existing structures pursuant to subsection I, Special Provisions for Accessory Dwelling Units Constructed Entirely Within Existing Structures.
H.
Required Parking. In addition to the required parking for the primary dwelling, an accessory dwelling unit shall be provided pursuant to Chapter 17.27, Parking and Loading.
1.
Parking Configuration. The automobile parking for the accessory dwelling unit may be provided in setback areas and through tandem parking unless the Public Works Director finds that parking in setback areas or tandem parking is not feasible based upon the topographical conditions of the specific site or region or fire and life safety conditions.
2.
Parking Exceptions for Certain Accessory Dwelling Units. Automobile parking is not required for an accessory dwelling unit in any of the following instances:
a.
The accessory dwelling unit is located within one-half mile of public transit.
b.
The accessory dwelling unit is located within an architecturally and historically significant historic district.
c.
The accessory dwelling unit is contained entirely within the permitted floor area of the existing primary residence or an existing accessory structure.
d.
When on-street parking permits are required but not offered to the occupant(s) of the accessory dwelling unit.
e.
When there is a car share vehicle located within one block of the accessory dwelling unit.
f.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit.
I.
Special Provisions for Accessory Dwelling Units Constructed Entirely Within Existing Structures. Notwithstanding any other provision of this section, The city shall ministerially approve an application for a building permit to create an accessory dwelling unit and shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge if all of the following requirements are satisfied.
1.
The lot is located with a Residential Zone on a lot that otherwise would not qualify for more than one dwelling unit.
2.
The construction will result in no more than one primary residence and one accessory dwelling unit, and one junior accessory dwelling unit on the lot.
3.
The proposed accessory dwelling unit will be contained entirely within the permitted floor area of the existing primary residence or an existing accessory structure on the same lot as the primary residence.
4.
The proposed accessory dwelling unit will have exterior access that is independent from the existing primary residence.
5.
The interior setbacks of all structures on the lot are sufficient for fire safety.
For purposes of this subsection to be considered, an existing primary residence or an existing accessory structure, the structure must be a legally permitted structure that conforms to current zoning or is legal nonconforming as to current zoning. Accessory dwelling units constructed pursuant to this subsection shall not be required to provide fire sprinklers if they are not required for the primary residence. |
(Ord. 19-1 § 3; Ord. 20-4 § 2)
§ 17.30.050 Adult Entertainment Uses.
Adult entertainment uses shall be located, developed and operated in compliance with following standards:
A.
Location. Adult entertainment uses shall be located a minimum of 600 feet from a Residential Zone and any TK-12 school, preschool, library, publicly-owned park, playground, church, synagogue or other place of worship to which the public is invited or permitted to attend.
B.
Hours of Operation. Hours of operation may be designated by the Planning Commission as condition to the issuance of a Use Permit if the Planning Commission finds, based on substantial evidence presented to it, that there is a need for regulation of hours due to a specifically identified significant problem linked to the adult entertainment use. When regulating the hours of operation of an adult entertainment use, the Planning Commission shall, whenever possible, designate hours which are consistent with the hours of operation of nearby businesses which are similar in nature. If shorter hours than those of nearby businesses of a similar nature are imposed, the Planning Commission shall:
1.
Identify in writing the need for such shorter hours;
2.
Make a specific finding, that a less restrictive condition or requirement would not alleviate the problems imposed by the longer hours of operation of such use; and
3.
Set forth the period of time after which the permit holder could seek review of the Planning Commission's designation of the hours of operation of the use.
C.
Nonconforming Uses. Notwithstanding any other provision of this title, adult entertainment uses which were in existence prior to the effective date of the ordinance codified in this title and made nonconforming by reason of the provisions of this section are subject to the following regulations:
1.
The use shall not be enlarged, increased or extended to occupy a greater area.
2.
Upon the damage of the building, or portion of the building, in which the adult entertainment use exists to the extent of more than 50% of the building's assessed value, the use shall be considered terminated and may not be resumed.
3.
If such use is discontinued for a continuous period of more than 90 days for any reason, the use shall be considered terminated and may not be re-established.
4.
The use shall be terminated within 180 days from the effective date of the ordinance codified in this title. A variance from this provision may be obtained if the use continues to be in noncompliance with the requirements of this section, upon the finding that the use is obligated by written lease entered into before October 18, 1989, for a period exceeding one year from the effective date of the ordinance codified in this title, or that the activity involves investment of money in a leasehold or improvements such that a longer period is necessary to prevent undue financial hardship.
a.
For this subsection, an option to renew a lease shall not be evidence that a use is obligated by a written lease for a period beyond the current term of the lease.
5.
Nonconforming adult entertainment uses shall, within 30 days from the effective date of the ordinance codified in this title, comply with all other applicable provisions of this title.
(Ord. 19-1 § 3)
§ 17.30.060 Animal Keeping.
Animal keeping is allowed as an accessory use to a primary residential use. Animals may be kept in compliance with Title 6, Animals, of the municipal code, and the following standards:
A.
Domestic Animals.
1.
Small Domestic Animals. Small domestic animals, including dogs, cats, potbellied pigs, hen chickens, and all animals recognized by regulation promulgated by the California Department of Fish and Wildlife as domestic animals except large domestic animals, may be kept in accordance with the following:
a.
Maximum Number. The following limits do not apply to small animals primarily kept in indoor enclosures such as fish, hamsters, and birds.
b.
Nonconforming Small Domestic Animal Keeping. Residents having more than four adult small domestic animals at the time of the effective date of ordinance codified in this title may continue to keep them provided that the animals:
2.
Large Domestic Animals. Large domestic animals including horses, burros and mules (family Equidae), domestic swine (family Suidae, excluding potbellied pigs), domestic cattle, sheep and goats (family Bovidae), and American Bison, may be kept in accordance with the following:
a.
Minimum Lot Size. One acre.
b.
Maximum Number.
i.
Beef cows, two years and over, one per acre;
ii.
Calves four to eight months, three for the first acre and one for each additional one-third acre;
iii.
Weaner calves eight or nine months, not exceeding 450 pounds, two for the first acre and one for each additional one-half acre;
iv.
Yearling steers and heifers more than 450 pounds, one per acre;
v.
All other cattle, one per acre;
vi.
Horses, burros or mules, one per acre;
vii.
Sheep or goats, five for the first acre and one for each additional one-fifth acre;
viii.
Lambs, weaning to one year, five for the first acre and one for each additional one-fifth acre;
ix.
Pigs, five for the first acre and one for each additional one-fifth acre; or
x.
Fowl, 40 for the first acre and 10 for each additional one-fourth acre.
3.
Fencing and Enclosure Regulations.
b.
Enclosure.
i.
Enclosure Required. Within the fenced area, an enclosure or shed shall be provided of sufficient size to provide cover for the animals kept on the parcel. An enclosure is not required for cats or dogs.
ii.
Enclosure Location. No part of the animal enclosure shall be located within 25 feet of any neighboring dwelling, within a required side or front setback, or within 300 feet of a community assembly facility, school or institution licensed by the State for the care or treatment of humans.
c.
Animal fecal matter more than which can be safely and sanitarily utilized on the premises shall be removed and shall not be allowed to accumulate.
B.
Bees.
2.
Hive Location.
a.
Hives shall be located at least five feet from all property lines.
b.
Hive entrances shall face away from or parallel to the nearest property line(s).
c.
Hives must either be screened so that the bees must fly over a six-foot barrier, which may be vegetative, before leaving the property, or be placed at least eight feet above the adjacent ground level.
3.
Hive Management.
a.
Hives shall be continually managed to provide adequate living space for their resident bees to prevent swarming.
b.
Hives shall be requeened at least once every two years to prevent swarming.
c.
A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property.
d.
Hive maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee-proof enclosure.
(Ord. 19-1 § 3)
§ 17.30.070 Automobile/Vehicle Sales and Services.
Automobile/vehicle sales and service establishments shall be located, developed and operated in compliance with following standards:
A.
Application Review. All automobile/vehicle sales and services establishments that require Use Permit approval are subject to the following requirements.
1.
Findings for Approval. The review authority shall only approve a Use Permit upon making the following findings:
a.
The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.
b.
The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.
c.
Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.
d.
Lighting is designed to be low-profile, indirect or diffused and to avoid adverse impacts on surrounding uses.
e.
The washing facility, if proposed, will not have an adverse impact on water supply and quality.
2.
Conditions of Approval. Conditions of approval may include limitations on operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or requirements for buffering, screening, lighting, planting areas, or other site elements, to avoid adverse impacts on adjacent lots or the surrounding area.
B.
Automobile/Vehicle Sales and Leasing. Automotive servicing or repair is permitted as an accessory use for automobile/vehicle sales and leasing establishments that offer maintenance and servicing of the type of vehicles sold on site.
C.
Automobile/Vehicle Service and Repair, Major and Minor. In addition to other applicable standards of this section, major and minor automobile/vehicle service and repair uses, as well as any other uses, such as auto dealerships or service stations, that perform auto servicing as an accessory activity, are subject to the following standards:
1.
Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and other service equipment shall be located inside a building.
2.
Work Areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.
3.
Vehicle Storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Section 17.22.130, Screening. Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the City.
4.
Litter. The premises shall always be kept in an orderly condition. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.
D.
Automobile/Vehicle Washing. In addition to other applicable standards of this section, automobile/vehicle washing facilities are subject to the following standards:
1.
Washing Facilities. No building or structure shall be located within 30 feet of any public street or within 20 feet of any interior property line of a Residential Zone. Vehicle lanes for car wash openings shall be screened from public streets to a height of 40 inches. Screening devices shall consist of walls and/or berms with supplemental plant materials.
2.
Hours of Operation. Automobile/vehicle washing facilities are limited to 7:00 a.m. to 10:00 p.m., seven days a week. When abutting a Residential Zone, the hours of operation shall be between 8:00 a.m. to 8:00 p.m., seven days a week.
(Ord. 19-1 § 3)
§ 17.30.080 Cannabis.
Cannabis uses shall be located, developed and operated in compliance with following standards. Violations of this section shall constitute a public nuisance and may be enforced pursuant to the provisions of Title 19, Nuisance Abatement Code, of the municipal code.
A.
Cannabis Retail. Cannabis retailers, microbusinesses and dispensaries are regulated pursuant to Chapter 5.28, Cannabis Retail.
B.
Cultivation. The following regulations shall apply to the cultivation of cannabis within the City.
1.
Indoor Cultivation in Residential Zones. The indoor cultivation of cannabis shall only be conducted within a detached, fully enclosed, and secure structure, or within a residential structure conforming to the following minimum standards:
a.
Any detached structure, regardless of square footage, constructed or altered for the cultivation of cannabis must comply with State and local building codes in effect at the time.
b.
Indoor grow lights shall not exceed 1,200 watts each and shall comply with the California Building, Electrical and Fire Codes as adopted by the City. Gas products (including, without limitation, CO2, butane, propane, and natural gas), or generators shall not be used within any detached structure used for the cultivation of cannabis.
c.
Any detached, fully enclosed and secure structure, or residential structure used for the cultivation of cannabis must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the California Building Code Section 402.3, Mechanical Ventilation, as now existing or as amended.
d.
A detached, fully enclosed, and secure structure used for the cultivation of cannabis shall be located in the rear yard area of a legal parcel or premises, maintain a minimum 10-foot setback from any rear and/or interior property line. In the case of a corner lot, the structure shall maintain the street side setback required in that zone. Detached structures used for cultivating cannabis are not eligible for zero lot line agreements. The structure must be enclosed and secured by a fence at least six feet in height.
e.
Cannabis cultivation for sale is prohibited.
f.
Cannabis cultivation may occur in both a detached structure and inside a residence on the same legal parcel so long as the total number of plants does not exceed that which is allowed under State of California law.
g.
Cannabis cultivation areas, whether in a detached building or inside a residence, shall not be accessible to persons under 18 years of age.
2.
Personal Manufacturing of Cannabis Prohibited. It is unlawful and a public nuisance for any person to cause, or allow, or participate in the manufacturing or compounding of cannabis or cannabis products for personal use by extraction methods within their residence or on their residential property.
3.
Cannabis Indoor Commercial Cultivation Facilities. Cannabis indoor commercial cultivation facilities are subject to the following standards.
a.
Approval of a Development Agreement by the City Council prior to operation.
c.
Public safety and security plan reviewed and approved by the City prior to operation.
d.
No exterior signage other than the building address.
e.
The facility shall have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the California Building Code Section 402.3, Mechanical Ventilation, as now existing or as amended.
f.
Outdoor Cultivation. It is unlawful and a public nuisance for any person to cause, or allow, or participate in the outdoor cultivation of cannabis plants within any zone in the City.
C.
Cannabis Laboratory Materials Testing Facility. Cannabis laboratory testing facilities are subject to the following standards.
1.
Approval of a Development Agreement by the City Council prior to operation.
3.
Public safety and security plan reviewed and approved by the City prior to operation.
4.
No exterior signage other than the building address.
5.
The facility shall have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the California Building Code Section 402.3, Mechanical Ventilation, as now existing or as amended.
D.
Cannabis Manufacturing Facility. Cannabis manufacturing facilities are subject to the following minimum standards.
1.
Approval of a Development Agreement by the City Council prior to operation.
3.
Public safety and security plan reviewed and approved by the City prior to operation.
4.
No exterior signage other than the building address.
5.
The facility shall have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the California Building Code Section 402.3, Mechanical Ventilation, as now existing or as amended.
E.
Wholesale Cannabis Logistics, Distribution, and Transportation Facility. Wholesale cannabis logistics, distribution and transportation facilities are subject to the following minimum standards.
(Ord. 19-1 § 3; Ord. 23-1, 3/15/2023)
§ 17.30.090 Drive-Through Facility.
Drive-in or drive-through facilities shall be located, developed and operated in compliance with the following standards:
A.
Conditional Use Permit Required. Drive-in and drive-through facilities may be allowed in nonresidential zones pursuant to Conditional Use Permit approval.
B.
Circulation Plan. A pedestrian and vehicular circulation plan shall be submitted for approval by the Review Authority. Such plan shall indicate how drive-through, pedestrian, and vehicular circulation will be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas and provide for pedestrian safety. The plan shall also indicate how vehicles will circulate to and through the drive-through or use drive-up facilities in manner that will not impede traffic flow on any public right-of-way.
C.
Drive Aisles. Drive-through aisles shall be inwardly focused within the site and located away from adjoining streets and adjoining properties, wherever feasible. Drive aisles shall be developed in accordance with the following except where modified by the Review Authority.
1.
A minimum 15-foot interior radius at curves and a minimum 12-foot width is required.
2.
A minimum queuing line of 100 feet shall be provided. The queuing line shall not block any parking space or portion of travel lane.
3.
Drive-in and drive-through entrances and exits shall be at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property.
4.
Entrances to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.
5.
Drive-through aisles shall be screened with a combination of decorative walls and landscape to a minimum height of 20 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.
D.
Pedestrian Walkways. Pedestrian walkways shall not intersect drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.
(Ord. 19-1 § 3)
§ 17.30.100 Emergency Shelters and Daytime Services Facilities.
Emergency shelters shall be located, developed, and operated in compliance with the following standards:
A.
Development Standards.
1.
All Facilities. The following standards apply to all emergency shelters.
a.
Emergency shelters shall be located a minimum of 300 feet apart from one another. Programs may have multiple buildings on the same parcel.
b.
On-site personnel shall be provided during hours of operation when clients are present.
c.
A staffed reception area shall be located near the entry to the facility.
d.
Facilities shall provide secure areas for personal property.
2.
Overnight Service Facilities. In addition to the standards in subsection A above, which apply to all emergency shelter facilities, facilities that provide overnight service are also subject to the following standards.
a.
Parking. Parking shall be provided in the ratio of one space for every 10 adult beds, plus an additional space designated exclusively for the manager. All parking shall be off street and on site.
b.
Hours of Operation.
i.
The facility shall operate with clients only permitted on site and admitted to the facility beginning at 4:00 p.m. for dinner service, check-in, and case management, and continuing to 7:00 a.m.
ii.
A curfew no later than 10:00 p.m. shall be established and strictly enforced. Clients shall not be admitted after the curfew, with exceptions allowed for client work schedules, special event attendance, and after hour admittance of clients by community organizations or public officials.
c.
Screening. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six-foot tall decorative wall or fence. Pets and shopping carts are not permitted on site.
d.
Lighting. Exterior lighting shall be provided for the entire outdoor and parking area of the property. Lighting shall reflect away from residential areas and public streets.
e.
Waiting Area.
i.
For facilities with on-site client intake, an enclosed or screened waiting area must be provided within the premises for clients and prospective clients to ensure that public sidewalks or private walkways are not used as queuing or waiting area.
ii.
A minimum of 200 square feet shall be provided for the waiting area, unless the Director determines that additional waiting space is required to meet the needs of the anticipated client load.
B.
Shelter Management Plan. The operator of an emergency shelter or daytime service facility shall submit a management plan for approval by the Director. At minimum, the management plan shall include the following provisions:
1.
A minimum of one staff member shall be awake and on duty, plus one additional staff or volunteer, on-premises when the facility is open. Facility staff shall be trained in operating procedures and safety plans. The facility shall not employ persons who are required to register as a sex registrant under Penal Code Section 290.
2.
Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who cannot be served by the establishment.
3.
Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed 180 days in a 365-day period.
4.
Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, staff shall make information available to the client of alternative programs and locations where they may seek similar service.
5.
Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies.
6.
Service providers shall provide for the timely removal of litter attributable to clients on the property and adjacent property under the control of the service provider.
7.
Service providers will provide the City with the contact information for an individual with the authority to address operational issues.
8.
Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility. Re-admittance policies for clients who have previously been expelled from the facility shall also be established.
9.
Alcohol and illegal drug use is prohibited on-site. Service providers shall expel clients from the facility if found to be using alcohol or illegal drugs on site.
10.
Service providers shall implement conditions and measures to maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.
11.
Other requirements as appropriate to ensure that the facility does not create a nuisance, including, without limitation, compliance with the provisions of Title 19, Nuisance Abatement Code, of the municipal code.
12.
Service providers shall ensure that all graffiti on the premises is promptly removed.
13.
Service providers shall establish affirmative measures to discourage loitering at the facility.
C.
Compliance with Other Applicable Standards. Emergency shelter facilities shall comply with all other laws, rules, and regulations that apply including building and fire codes. The facility shall be subject to City inspections prior to the commencement of operation.
(Ord. 22-21 § 2; Ord. 19-1 § 3)
§ 17.30.110 Farmer's Markets.
Farmer's markets shall be located, developed, and operated in compliance with the following standards:
A.
Management Plan. A management plan shall be prepared and provided to the Director. The management plan shall include the following:
1.
Identification of a market manager or managers, who shall be present during all hours of operation.
2.
A set of operating rules addressing the governance structure of the market; the method of assigning booths and registering vendors; hours of operation; maintenance; security; refuse collection; and parking.
B.
Hours of Operation. Market activities may be conducted between the hours of 7:00 a.m. and 10:00 p.m. with specific hours and duration to be approved by the City. Set-up of market operations cannot begin more than two hours prior to the operational hours of the market and take-down shall be completed within two hours of the close of the market.
C.
Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation and removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.
(Ord. 19-1 § 3)
§ 17.30.120 Home Occupations.
Home occupations shall be located, developed, and operated in compliance with the following standards:
A.
Applicability. This section applies to home occupations in any residential unit in the City regardless of the zoning designation. It does not apply to family day care, which is regulated separately.
B.
General Standards. All home occupations shall be located and operated consistent with the following standards unless otherwise allowed by State law:
1.
Residential Appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted.
2.
Location. All home occupation activities shall be conducted entirely within the residential unit, or within a garage that is attached to, and reserved for, the residential unit. When conducted within a garage, the doors thereof shall be closed, and the area occupied shall not preclude the use of required parking spaces for parking.
3.
Floor Area Limitation. No more than 25% of the floor area of the dwelling unit may be used in the conduct of the home occupation.
4.
Employees. No employees or independent contractors other than residents of the dwelling shall be permitted to work at the location of a home occupation except as otherwise allowed for cottage food operations.
5.
On-Site Client Contact. No customer or client visits are permitted except for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring) which may have up to two students at one time.
6.
Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other mode of electronic communication or except as otherwise allowed for cottage food operations.
7.
Storage. There can be no exterior storage of materials, supplies, and/or equipment for the home occupation.
8.
Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.
9.
Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a detached single-unit dwelling.
10.
Traffic and Parking Generation. Home occupations shall not generate a volume of pedestrian, automobile, or truck traffic that is inconsistent with the normal level of traffic in the vicinity or on the street on which the dwelling is located or which creates the need for additional parking spaces or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.
11.
Commercial Vehicles. The use of commercial vehicles for the delivery of materials or equipment to or from the premises is expressly prohibited.
C.
Prohibited Home Occupations. The following specific businesses are not permitted as home occupations:
(Ord. 19-1 § 3)
§ 17.30.130 Manufactured Home Parks.
Manufactured home parks shall be located, developed, and operated in compliance with the following standards, in addition to the requirements of Title 25, Housing and Community Development, of the California Code of Regulations:
A.
Minimum Site Area. The minimum site area for a manufactured home park shall be five acres.
B.
Minimum Number of Homes. The minimum number of manufactured homes within a manufactured home park site shall be 50.
C.
Minimum Setbacks. All manufactured home parks within a manufactured home park development shall be set back from perimeter property lines consistent with the required setbacks of the underlying base zone.
E.
Fencing and Perimeter Walls. A manufactured home park shall be enclosed by a solid decorative masonry wall seven feet in height, erected and maintained in the following areas:
1.
Along the property side of the street landscape setback, as defined by the Landscape Development Guidelines;
2.
Along all interior property lines, except the area within the required street side setback and any area used for pedestrian or vehicle access; and
3.
Along all property lines adjoining another private property.
F.
Internal Roadways. A manufactured home park shall be designed such that access to public roads is provided to the satisfaction of the Public Works and Fire Departments.
1.
Minimum Width. All roadways shall have a required minimum width of 22 feet, from curb to curb.
2.
Paving. All access roads, defined here as all roadways between points of ingress and/or egress to and from the manufactured home park to public roads, shall be paved.
3.
Design. Roadways shall be designed so that each living unit lot shall front upon a roadway within the development and provide convenient and reasonable traffic circulation. All circulation roads within a manufactured home park shall comply with the following standards:
a.
Roads shall be suitable for service vehicles;
b.
Roads shall be graded so there will be no depressions in which surface water will accumulate and remain;
c.
Roads shall be sloped to provide proper storm drainage run-off by means of surface or subsurface drainage facility; and
d.
Roads shall be maintained to avoid excess dust.
4.
On-Street Parking.
a.
Manufactured home parks constructed prior to September 15, 1961.
i.
Parking shall be prohibited on one-way, one-lane roadways less than 22 feet in width.
ii.
Parking Permitted on One Side of Roadway. Where parking is permitted on one side of the roadway, the roadway shall have a required minimum width of 22 feet.
iii.
Parking Permitted on Both Sides of Roadway. Where parking is permitted on both sides of the roadway, the roadway shall have a required minimum width of 30 feet.
b.
Manufactured home parks constructed on or after September 15, 1961.
i.
One-Way, One-Lane Roadways.
(A)
Parking shall be prohibited on one-way, one-lane roadways less than 22 feet in width.
(B)
Parking Permitted on One Side of Roadway. Where parking is permitted on one side of the roadway, the roadway shall be a minimum of 22 feet in width.
(C)
Parking Permitted on Both Sides of Roadway. Where parking is permitted on both sides of the roadway, the roadway shall be at least 30 feet in width.
ii.
Two-Way, Two-Lane Roadways.
(A)
Parking shall be prohibited on two-lane, two-way roadways less than 32 feet in width.
(B)
Parking Permitted on One Side of Roadway. Where parking is permitted on one side of the roadway, the roadway shall be a minimum of 32 feet in width.
(C)
Parking Permitted on Both Sides of Roadway. Where parking is permitted on both sides of the roadway, the roadway shall be at least 40 feet in width.
G.
Improvement of Existing Manufactured Home Parks. Upon the receipt of an application for the enlargement or extension of a manufactured home park in existence on April 22, 1987, the Planning Commission may modify the requirements of this section to the extent otherwise consistent with applicable law; provided that doing so will result in an overall improvement in the design or standards of the existing park.
(Ord. 19-1 § 3)
§ 17.30.140 Mobile Vending.
Mobile vending shall be located, developed, and operated in compliance with the following standards:
A.
Location. Mobile vendors may only operate in non-residential zones. Mobile vendor vehicles shall not be permitted as a permanent or proprietary location on any property within the City. Vehicles shall not be left unattended at any time, or be left on site when inactive, or stored overnight.
B.
Number. Maximum one mobile vendor per day per lot.
C.
Duration. Maximum four hours per day per lot. No lot may have a mobile vendor on site for more than 90 days total in any 12-month period.
D.
Allowed Products. Operations are limited to the sales of food and beverages for immediate consumption.
E.
Vehicle and Parking Requirements.
1.
Allowed Vehicles. Operations shall only be conducted from a motor vehicle, or vehicle with a trailer consistent with State law and County Health Department approvals. Other types of food vending from a temporary structure such as a push cart, standalone trailer, or kiosk are not allowed under this title.
2.
Required Parking. No dedicated parking spaces shall be required for a mobile vendor that meets the standards of this section.
3.
Displaced Parking. Mobile vendors may displace up to three required non-residential parking spaces for a maximum of four hours per day per parking lot, provided that no more than 10% of the total number of parking spaces on site are displaced. Required parking spaces for an existing nonresidential use may be displaced if the existing non-residential use is not open during the event.
4.
Paving. Mobile vendor vehicles shall only be stopped or parked on surface paved with concrete, asphalt, or another surface approved by the Director.
F.
Obstructions. Mobile vendor location and operations, including customers, seating, and equipment, shall not obstruct the right-of-way, sight distances, or otherwise create hazards for vehicle or pedestrian traffic. The location shall comply with applicable accessibility requirements and the Americans with Disabilities Act.
G.
Nuisance. Mobile vendors shall be responsible for keeping the area clean of any litter or debris and shall provide trash receptacles for customer use on site. No vendor shall ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within City limits. The use of prohibited or unpermitted signs for mobile food vendors is not allowed.
(Ord. 19-1 § 3)
§ 17.30.150 Outdoor Display and Sales.
Outdoor display and sales shall be located, developed, and operated in compliance with the following standards:
B.
Produce Displays. The outdoor display of fresh produce associated with an existing food and beverage retail sales establishment on the same site is allowed, subject to the following standards:
C.
Permanent or Ongoing Outdoor Display and Sales. The permanent or ongoing outdoor display of merchandise, except for vehicle sales and leasing requires Minor Use Permit approval and shall comply with the following standards:
1.
Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the subject parcel.
2.
Allowable Merchandise. Only merchandise sold at the business is permitted to be displayed outdoors.
3.
Location. The displayed merchandise shall occupy a fixed, specifically approved and defined location and shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.
D.
Outdoor Vending Machines Prohibited. Outdoor vending machines other than those for the sale of newspapers is prohibited.
(Ord. 19-1 § 3)
§ 17.30.160 Outdoor Dining and Seating.
Outdoor dining and seating shall be located, developed, and operated in compliance with the following standards:
A.
Applicability. The standards of this section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public right-of-way is subject to an encroachment permit issued by the Development Engineering Division.
B.
Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same lot or an adjacent lot.
C.
Hours of Operation. The hours of operation are limited to the hours of operation of the associated eating and drinking establishment.
D.
Pedestrian Pathway. A four-foot unobstructed pedestrian pathway shall be required. If there is more than a four-foot-wide pathway provided, outdoor dining may be located outside of the required four feet.
E.
Maintenance. Outdoor dining and seating areas shall always remain clear of litter.
(Ord. 19-1 § 3)
§ 17.30.170 Personal Services.
Personal service establishments shall be located, developed, and operated in compliance with the following standards:
A.
Hours of Operation. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. unless otherwise specified in a Use Permit.
B.
Massage Establishments. Massage establishments shall comply with Chapter 5.12, Massage Parlors, of the Municipal Code. Noncompliant establishments which offer massage in exchange for compensation, including sole proprietorships, shall be prohibited. Massage establishments shall comply with the following standards:
1.
No exterior window shall be tinted, covered, or obstructed such that visibility into the business is reduced or eliminated.
(Ord. 19-1 § 3)
§ 17.30.180 Recharging Stations.
Recharging stations may be provided in any area designed for the parking or loading of vehicles.
(Ord. 19-1 § 3)
§ 17.30.190 Recycling Facilities.
Recycling facilities shall be located, developed, and operated in compliance with the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code Section 14500) and the following standards:
A.
All Recycling Facilities. All recycling facilities shall be subject to the following standards:
1.
Security. Recycling facilities shall be secured from unauthorized entry or removal of material and have enough capacity to accommodate materials collected and collection schedule.
2.
Maintenance. Recycling facilities, including donation areas, shall be maintained in a dust-and litter-free condition and shall be swept daily.
B.
Reverse Vending Machines. In addition to the requirements of subsection A above, reverse vending machines shall be located, developed, and operated in compliance with the following standards.
1.
Maximum Size. Reverse vending machines shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.
2.
Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the zone in which the facility is located.
a.
Reverse vending machines shall only be established in conjunction with a commercial or community service host facility in compliance with applicable building and fire codes.
b.
Reverse vending machines shall be located within 30 feet of the entrance to the commercial or community service facility.
c.
Reverse vending machines shall not obstruct pedestrian or vehicular circulation.
3.
Material. Reverse vending machines shall be constructed and maintained with durable waterproof and rustproof material.
5.
Signs and Identification. Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative. The maximum sign area on a reverse vending machine is four square feet per machine, not including operating instructions.
6.
Hours of Operation. Operating hours shall be at least the operating hours of the primary use.
7.
Lighting. Reverse vending machines shall be illuminated to ensure comfortable and safe operations if operating hours are between dusk and dawn.
C.
Recycling Collection Facilities. In addition to the requirements of subsection A above, recycling collection facilities shall be located, developed, and operated in compliance with the following standards.
1.
Small Recycling Collection Facilities.
a.
Maximum Size. Small recycling collection facilities shall not exceed a building footprint of 500 square feet or occupy more than five parking spaces (not including space periodically needed for removal or exchange of materials or containers).
b.
Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the zone in which the facility is located.
i.
Small recycling collection facilities shall only be established in conjunction with a commercial or community service host facility in compliance with applicable building and fire codes.
ii.
Small recycling collection facilities shall be set back at least 10 feet from any street line, be at least 200 feet from the edge of any four-way intersection, and not obstruct pedestrian or vehicular circulation.
iii.
Attended small recycling collection facilities located within 100 feet of a property zoned or occupied for residential zone shall operate only during the hours between 9:00 a.m. and 7:00 p.m.
iv.
Containers for the 24-hour donation of materials shall all be at least 100 feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.
v.
Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
c.
Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.
d.
Items Accepted. Small recycling collection facilities shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the County Public Health Official.
e.
Signs and Identification. Signs shall comply with the requirements of Chapter 17.29, Signs. The Director may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes, but not for outdoor advertising.
i.
Informational Sign. Containers shall be clearly marked to identify the type of recyclables that may be deposited. The name and telephone number of the facility operator shall be conspicuously posted, along with the hours of operation, and a notice stating that no material shall be left outside the recycling enclosure or containers.
ii.
Additional Signs. In addition to informational signs, signs with a maximum sign area of 16 square feet are allowed.
f.
Storage. All recyclable material shall be stored in containers or in the mobile unit vehicle. Materials shall not be left outside of containers when attendant is not present.
g.
Parking.
i.
Customer Parking. No additional parking spaces are required for customers of a small collection recycling facility located at the established parking lot of a host use.
ii.
Attendant Parking. One space shall be provided for the facility attendant.
iii.
Parking Reduction. The number of parking spaces required for the primary host may be reduced to allow occupation of parking space by a small collection facility and/or attendant, provided all of the conditions are met:
(A)
The facility is located in a convenience zone, as designated by the California Department of Conservation;
(B)
The facility is certified by the California Department of Conservation;
(C)
A parking study shows available capacity during recycling facility operation;
(D)
The permit will be reconsidered at the end of 18 months; and
(E)
The parking space reduction does not exceed the requirements of Table 17.30.190, Allowed Parking Reduction to Accommodate Small Recycle Collection Facilities.
TABLE 17.30.190: ALLOWED PARKING REDUCTION TO ACCOMMODATE SMALL RECYCLE COLLECTION FACILITIES | |
|---|---|
Required Parking Space for Primary Host | Maximum Parking Space Reduction |
Commercial Facility Host Use | |
0 – 25 | 0 |
26 – 35 | 1 |
36 – 49 | 2 |
50 – 99 | 3 |
100 + | 4 |
Commercial Facility Primary Use | |
A maximum reduction of 5 spaces allowed when not in conflict with parking needs of the primary use | |
2.
Large Recycling Collection Facilities.
a.
Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the zone in which the facility is located.
i.
Large recycling collection facilities shall not abut any property with a residential use.
ii.
Large recycling collection facility located within 100 feet of property zoned, planned or occupied for residential use, shall not be in operation between 7:00 p.m. and 7:00 a.m.
iii.
Any containers provided for after-hours donation of recyclable materials will be at least 100 feet from any property zoned or occupied for residential use.
b.
Equipment. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for efficient temporary storage and shipment of material, may be allowed if all activities are fully enclosed within a building.
c.
Signs and Identification. Signs shall comply with the requirements of Chapter 17.29, Signs. The Director may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes, but not for outdoor advertising.
i.
Containers shall be clearly marked to identify the type of recyclables that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
ii.
The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
d.
Storage.
i.
All exterior storage shall be in sturdy containers which are covered, secured and maintained in good condition.
ii.
Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Chief.
iii.
No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.
iv.
Containers shall be constructed of durable waterproof and rustproof material, shall have enough capacity to accommodate materials.
e.
f.
Noise. Large recycling collection facilities shall not exceed noise levels of 60 dBA as measured at the property line of the nearest residentially zoned or occupied property, or 70 dBA at all other property lines.
g.
Parking. Large recycling collection facilities shall comply with the parking requirements of Chapter 17.27, Parking and Loading. An exception may be made to allow for a parking reduction where it can be shown that parking spaces are not necessary (i.e., when employees are transported in a company vehicle to a work facility).
i.
Customer Parking. The facility shall provide six parking spaces, or the number of spaces to accommodate the anticipated peak customer load, whichever is higher, except where the Director determines that allowing additional parking is appropriate to the site and compatible with surrounding businesses and public safety.
ii.
Commercial Vehicle Parking. One parking space shall be required for each commercial vehicle operated by the large recycling collection facility.
D.
Recycling Processing Facilities. In addition to the requirements of subsection A above, recycling processing facilities shall be located, developed, and operated in compliance with the following standards.
1.
All Recycling Processing Facilities. All recycling processing facilities shall be subject to the following criteria:
a.
No portion of an existing parcel shall be divided for the financial purpose of establishing a subleased recycling facility, nor shall any such facility receive approval, until the provisions of the Subdivision Map Act have been complied with and a record map or description is filed;
b.
All recycling facilities shall comply with the requirements of Chapter 17.27, Parking and Loading;
c.
All sites shall have access to a convenient water supply for cleaning purposes; and
d.
All sites shall be located near or have access to a storm drain.
2.
Light Processing Facilities. In addition to the requirements of subsection D.1. above, light processing facilities shall be located, developed, and operated in compliance with the following standards:
a.
Maximum Size. Light processing facilities shall not exceed 4,500 square feet.
b.
Location. In addition to the following requirements, recycling facilities shall comply with the setback requirements of the zone in which the facility is located.
c.
After-Hours Donation Containers.
d.
Equipment. Power-driven processing shall be permitted in compliance with Section 17.28.110, Noise. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.
e.
Items Accepted. Light processing facilities may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.
f.
Signs and Identification. Signs shall comply with the requirements of Chapter 17.29, Signs. The Director may authorize increases in the number, size, and nature of additional signs for necessary directional or identification purposes, but not for outdoor advertising.
i.
Containers shall be clearly marked to identify the type of recyclables that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
ii.
The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
g.
Storage.
i.
All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition.
ii.
Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Chief. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing.
h.
Screening. All processing and storage shall be screened from the public right-of-way, by operating in an enclosed building, or:
i.
Parking.
i.
Customer Parking. Adequate space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the Planning Commission determines that allowing additional parking is appropriate to the site and compatible with surrounding businesses and public safety.
ii.
Commercial Vehicle Parking. One parking space shall be provided for each commercial vehicle operated by the light processing facility.
j.
Noise. Light processing facilities shall not exceed noise levels of 60 dBA as measured at the property line of the nearest residentially zoned or occupied property, or 70 dBA at all other property lines.
k.
Operations.
i.
Shipments. Light processing facilities shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact, or bale ferrous metals other than food and beverage containers.
ii.
Personnel. Light processing facilities will be administered by on-site personnel during the hours the facility is open.
E.
Enforcement.
1.
All uses or changes in the use of the land, and the establishment, installation, operation and maintenance of any improvement of the land, shall comply with the provisions of this title and the applicable regulations of all agencies and departments having jurisdiction.
2.
This section applies to the establishment and continued use of all recycling facilities. All facilities in existence prior to the effective date of the ordinance codified in this title shall comply with the terms of this title within 120 days from its effective date. Any such use not in conformance after this 120-day period shall be deemed to be a violation of this title and subject to enforcement in accordance with Chapter 17.46, Enforcement.
3.
Should the actual construction deviate from the plan as approved, the certificate of occupancy shall be withheld until the construction is in conformance with the approved plan.
(Ord. 19-1 § 3)
§ 17.30.200 Single-Room Occupancy.
Single-room occupancy units shall be located, developed, and operated in compliance with the following standards:
A.
Minimum Size. Each unit shall have at least 150 square feet of floor area. No individual unit may exceed 400 square feet.
B.
Maximum Occupancy. Each unit shall accommodate a maximum of two persons.
C.
Lighting. Exterior lighting shall be provided for the entire outdoor and parking area of the property and shall comply with the requirements of Section 17.22.080, Lighting and Illumination.
D.
Laundry Facilities. Laundry facilities must be provided in a separate enclosed room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor.
E.
Cleaning Facilities. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor.
F.
Bathroom. Each unit shall require a separate bathroom containing a water closet, lavatory and bathtub or shower.
G.
Cooking Facilities. Each unit shall require a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than 30 inches in front.
H.
Closet. Each unit shall have a separate closet.
I.
Tenancy. Tenancy of units shall not be less than 30 days or more than 12 months.
J.
Facility Management. An SRO facility with 10 or more units shall provide full-time on-site management. An SRO facility with less than 10 units may provide a management office off site.
(Ord. 19-1 § 3)
§ 17.30.210 Solar Energy Systems.
Solar energy systems shall be located, developed, and operated in compliance with the following standards:
A.
Height, Ground-Mounted Solar Energy Systems. The maximum height of a ground-mounted solar energy collector system is 25 feet or the maximum height allowed in the base zone, whichever is less.
B.
Required Setback. Solar energy systems less than six feet in height may be installed within a required side and rear setback, but no closer than three feet to any property line. All other solar energy systems shall meet the required setback of the base zone.
C.
Solar energy systems shall be an accessory use in residential zones.
(Ord. 19-1 § 3; Ord. 24-1, 1/17/2024)
§ 17.30.220 Temporary Uses.
This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.
A.
Temporary Uses Not Requiring a Use Permit. The following types of temporary uses may be conducted without a Use Permit. Other permits, such as Building Permits, may be required.
1.
Yard Sales. Yard sales in compliance with the standards contained in Chapter 19.05, Property Maintenance, of the municipal code.
2.
Non-Profit Fund Raising. Fund raising activities by tax exempt organizations pursuant to 501(C) of the Federal Revenue and Taxation Code are allowed in Non-Residential Zones with no limitation on the number of occasions and duration.
3.
Temporary Construction Office Trailers. On-site temporary construction offices during the period of construction. Screening may be required by the Director.
4.
Sales Offices and Model Homes. Model homes with sales offices and temporary information/sales offices in new residential developments of five or more units or lots are subject to the following requirements.
a.
Time Limits.
i.
Temporary Sales Office. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six months or completion of the first phase of the development, whichever occurs first.
ii.
Model Homes. Model homes may be established and operated for a term period of three years or until completion of the sale of the lots or units, whichever comes first. One-year extensions may be approved by the Director until the sale of all lots/residences is completed.
b.
Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots or units within the development.
c.
Return to Residential Use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes shall be converted to its intended residential purpose.
B.
Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 17.39, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the Temporary Use Permit process to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.
1.
Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins and similar items may be permitted in accordance with the following standards. This subsection is only applicable to temporary seasonal sales that are not in conjunction with an existing business and are not applicable to farmers' markets or the sale of fireworks.
a.
Time Period.
b.
All items for sale, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state.
c.
The property shall not be used in such a manner as to create a nuisance due to noise, dust, litter, or other factors.
d.
The City reserves the right to shut down a temporary seasonal sales operation if the operation is posing safety concerns, has become a nuisance, or has violated any requirements of this subsection. All costs associated with the removal and/or abatement shall be paid for by the property owner.
2.
Special Events and Sales. Other short-term special events that do not exceed seven consecutive days, may be permitted in accordance with the following standards:
a.
Location. Events are limited to Non-Residential Zones.
b.
Number of Events. No more than four events at one site shall be allowed within any 12-month period.
c.
Parking. The available parking shall not be reduced to less than 66% of the minimum number of spaces required by Chapter 17.27, Parking and Loading.
d.
Time Limit. When located adjacent to a Residential Zone, the hours of operation shall be limited to 9:00 a.m. to 8:00 p.m.
e.
Temporary Outdoor Sales. Temporary outdoor sales, including, but not limited to, grand opening events, and other special sales events, are also subject to the following standards:
i.
Temporary outdoor sales shall be part of an existing business on the same site.
ii.
Outdoor display and sales areas shall be located on a paved or other approved hard surfaced area on the same lot as the structure(s) containing the business with which the temporary sale is associated.
iii.
Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
C.
Temporary Uses Requiring a Minor Use Permit. Other temporary events and special events, outdoor sales, and displays may be allowed with the approval of a Minor Use Permit so long as they are not intended to extend longer than one month and they are determined to not impact neighboring uses or otherwise create significant impacts.
(Ord. 19-1 § 3)
§ 17.30.230 Urban Agriculture.
Urban agriculture uses shall be located, developed, and operated in compliance with the following standards:
A.
Aquaculture. Aquaculture operations in Residential Zones shall be contained entirely within an enclosed structure or shall be located so as not to be visible from a public right-of-way.
B.
Community and Market Gardens.
1.
Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the City.
2.
Hours of Operation. Gardens shall only be tended between dawn and dusk unless additional hours are approved pursuant to a Minor Use Permit.
3.
Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoophouses are allowed and shall comply with the property development standards of the zone.
6.
Composting.
a.
Compost and compost receptacles shall be located so as not to be visible from a public right-of-way.
b.
Compost and compost receptacles shall be set back a minimum of 20 feet from residential buildings.
c.
In Residential Zones, composting is limited to the materials generated on site and shall be used on site.
7.
Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.
8.
Parking. Two parking spaces shall be provided on site or on street adjacent to the lot frontage.
C.
Private Gardens.
1.
Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoophouses are allowed and shall comply with the property development standards of the zone.
2.
Equipment. Only household garden tools and equipment, applicators and products, may be used. This includes, but is not limited to, soil preparation, cultivation, planting, application of chemicals, dust control, harvesting, etc. Pull behind equipment is prohibited.
3.
Composting. Composting is limited to the materials generated on site and shall be used on site.
D.
Urban Agriculture Stands. Urban agriculture stands are permitted on the site of an urban agriculture use subject to the following regulations:
1.
Maximum Size. Limited to 120 square feet unless a larger size is approved pursuant to a Minor Use Permit.
2.
Removal. Urban agriculture stands shall be dismantled and removed during non-operating hours.
3.
Sales. Product sales are limited to produce and value-added products grown and produced on site.
4.
Hours of Operation. Operating hours for an urban agriculture stand are limited to 7:00 a.m. to 8:00 p.m.
5.
Days of Operation. In Residential Zones, urban agriculture stands may operate a maximum of three days per week.
(Ord. 19-1 § 3)
§ 17.30.240 Wireless Telecommunication Facilities.
Wireless telecommunication facilities are subject to the Wireless Telecommunication Facilities Policy.
(Ord. 19-1 § 3)
§ 17.31.010 Purpose.
The purpose of this chapter is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this chapter is intended to:
A.
Balance public and private objectives by allowing adequate avenues for both commercial and noncommercial messages;
B.
Encourage signs as an effective channel of communication while preventing visual clutter that will detract from the aesthetic character of the City;
C.
Protect and improve the local economy and quality of life by preserving and enhancing the appearance of the streetscape;
D.
Maintain and enhance the City's appearance by regulating the location, number, type, quality of materials, size, illumination, and maintenance of signs;
E.
Restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians or drivers;
F.
Provide clear and unambiguous sign standards that enable fair and consistent enforcement; and
G.
Ensure that the constitutionally guaranteed right of free speech is protected.
(Ord. 19-1 § 3)
§ 17.31.020 Applicability.
A.
The provisions of this chapter apply to all signs in all zones, constructed or physically altered on or after the effective date of the ordinance codified in this title, unless otherwise specified.
1.
The provisions of this chapter shall not be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings; create a safety hazard by impeding travel on sidewalks, bike lanes, or vehicle lanes; or violate any other reasonable time, place, and manner restrictions adopted by the City.
2.
The provisions of this chapter shall not require alteration of the display of any registered mark, trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.
B.
Regulatory Interpretations. The provisions of this chapter shall be applied in a content-neutral manner. Non-communicative aspects of all signs, not related to the content of the sign, shall comply with the provisions of this chapter. "Non-communicative aspects" include the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.
(Ord. 19-1 § 3)
§ 17.31.030 Enforcement.
Signs that do not conform to the provisions of this chapter and are erected after its effective date without obtaining required permits thereby are declared to be unlawful and a public nuisance. All violations of this chapter shall be subject to enforcement remedies, penalties, and abatement as provided by Chapter 17.46, Enforcement, and Title 19, Nuisance Abatement Code, of the municipal code.
(Ord. 19-1 § 3)
§ 17.31.040 Damaged or Abandoned Signs.
Any sign that is dented, frayed, faded, damaged, or abandoned shall be removed by the sign owner. If such sign is not removed or repaired by the sign owner, the sign may be removed and abated by the City in accordance with Title 19 of the City's municipal code. All costs associated with the removal and/or abatement of such sign(s) shall be paid for by the sign owner.
(Ord. 19-1 § 3)
§ 17.31.050 Conflicts.
§ 17.31.060 Substitution of Noncommercial Message.
In each instance and under the same conditions to which this chapter permits any sign, a sign containing an ideological, religious, or other noncommercial speech shall be permitted wherever commercial signage is permitted.
(Ord. 19-1 § 3)
§ 17.31.070 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter for any reason shall be held to be invalid or unconstitutional, the decision shall not affect the remaining portions of the chapter. The City Council of the City of West Sacramento hereby declares that it would have passed this chapter and each article, section, subsection, paragraph, sentence, clause or phrase which is a part thereof, irrespective of the fact that any one or more articles, sections, subsections, paragraphs, sentences, clauses or phrases are declared to be invalid or unconstitutional. The City Council further specifically declares that the invalidity or unconstitutionality of this chapter shall not affect the validity of Chapter 17.29, and that the invalidity or unconstitutionality of Chapter 17.29 shall not affect the validity of this chapter.
(Ord. 19-1 § 3)
§ 17.31.080 Definitions.
As used in this chapter, the following terms shall have the following meanings:
A directional sign indicating where seasonally-based agricultural products and activities are available.
A sign with messages that visually change, or images that move or appear to move, flash on or off, wink or blink with varying light intensity, show motion or create the illusion of motion, or revolve to create an illusion of being on or off.
Any air-or gas-filled device used for the purposes of signage or advertising.
A sign that is painted or printed on lightweight flexible material and hung from a staff or other structure by ropes, wires, or similar means in a manner to minimize movement.
A message on a sign, or portion of a sign, that promotes, informs, or proposes an economic transaction, primarily concerns the economic interests of the sign sponsor and/or audience, or is intended to further discussion in the marketplace of goods and services.
Also called "sign copy." The visually communicative elements mounted on a sign.
Any sign with cracked or broken panels, peeling paint, missing letters, or any sign that has been partially destroyed by any cause.
A sign that directs or guides pedestrian or vehicular traffic and which is non-advertising in nature (e.g., handicapped parking, one-way, exit, and entrance).
Marks, such as inscriptions, drawings, or designs, which are placed, scratched, etched, painted, or sprayed on public or private property without the owner's consent.
A sign with an artificial source of light incorporated internally or externally for illuminating the sign.
A form of inflatable device (e.g., shaped as an animal, blimp, or other object) that is displayed, printed, or painted on the surface of an inflatable background, and is primarily installed outside a building to attract attention to or to advertise a business, a business location, a service, a product, or an event.
A sign that is illuminated by a light source that is contained inside the sign where the message area is luminous, including cabinet signs and channel-letter signs.
A sign or any portion thereof that rotates, moves, or appears to move in some manner by mechanical, electrical, natural, or other means.
A message or image on a sign that directs public attention to or advocates an idea or issue of public interest or concern that does not serve to advertise or promote any business, product, activity, service, interest, or entertainment.
A sign lawfully erected and legally existing on the effective date of the ordinance codified in this Code, but which does not conform to the provisions of this Code.
A device made of flexible materials, (e.g., cloth, paper, or plastic) that may or may not contain copy, and which is installed for attracting attention.
A sign that is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall, or building.
A moveable sign that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground, including, but not limited to, A-frame and H-frame signs are allowed subject to the following standards.
 PORTABLE SIGN, A-FRAME SIGN |
A single-or double-faced sign that is perpendicular to the face of a building and projects more than 15 inches from the face.
A sign advertising a sponsored event for the sale, lease, or exchange of real property.
A freestanding sign structure that identifies real property that is being advertised for sale, lease, or exchange, and provides directional arrows to indicate the location of the real property.
A sign advertising the sale, lease, or exchange of real property.
Any sign located on a roof of a building or having its major structural supports attached to a roof that extend above the roofline or parapet.
 ROOF SIGN |
Any identification, description, illustration, or device illuminated or non-illuminated, which is visible to the public from any exterior public right-of-way, and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, or placard designed to advertise, identify, or convey information. A display, device, or thing need not contain lettering to be a sign.
The area contained within a single continuous perimeter enclosing all parts of such sign copy, excluding any structural elements outside the limits of the sign required to support the sign.
An exterior display surface of a sign, including non-structural trim, exclusive of the supporting structure. The area of a sign which is available for mounting and public display of the visually communicative image.
A structure or device used for the public display of visual messages or images, which is typically made of lightweight or flimsy materials which is not intended for or suitable for long term or permanent display.
(Ord. 19-1 § 3)
§ 17.31.090 On-Site Temporary Signs.
A.
Portable Signs. A moveable sign that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground, including, but not limited to, A-frame and H-frame signs are allowed subject to the following standards.
1.
Maximum Sign Width. Two feet.
2.
Maximum Sign Height. Four feet.
3.
Location of Sign. Portable signs shall be located on private property within 20 feet of the entrance to the business it is identifying.
4.
Maximum Number of Signs. One per business where the business is not identified on any freestanding sign.
5.
Hours of Display. Portable signs shall be removed during hours when the establishment is not open to the public and cannot be displayed after the activity with which they are associated is over.
B.
Real Property Signs and Campaign Signs. Any temporary sign, banner, balloon, pennant, valance or advertising display for an election or for real estate sales or rental may be erected and located in accordance with the following standards. Tenants and units include planned future tenants and units to be constructed for which a planning approval has been granted or for which a Building Permit has been issued.
1.
Agricultural and Residential Zones.
a.
Maximum Allowable Sign Area. 10 square feet per street frontage.
b.
Maximum Sign Height. Six feet above existing grade.
c.
Location of Sign. Signs greater than three square feet in size shall be set back from all property lines a minimum of five feet.
d.
Additional Individual Unit Signs. For multi-unit residential developments, each ground floor unit is also allowed one sign up to three square feet in size and six feet in height. Each upper floor unit is allowed one sign up to three square feet in size and located no higher than the eave line or parapet line of the unit.
2.
Other Zones.
a.
Maximum Allowable Sign Area. 50 square feet per street frontage.
b.
Maximum Sign Height. Six feet above existing grade.
c.
Location of Sign. Signs between three and 10 square feet in size shall be set back from all property lines a minimum of five feet. Signs 10 square feet in size or larger shall be set back from all property lines a minimum of 10 feet.
d.
Additional Individual Tenant/Unit Signs. Each ground floor tenant/unit is allowed one sign up to three square feet in size and six feet in height. Each upper floor tenant/unit is allowed one sign up to three square feet in size and located no higher than the eave line or parapet line of the unit.
C.
Construction Signs. One sign per property not exceeding 32 square feet identifying contractors, owners, designers, lenders, etc., may be erected on sites of projects under construction on that property.
D.
Temporary Business Advertising Signs. Temporary business advertising signs may be placed on a business for a maximum of 30 consecutive calendar days for the first promotional event of the calendar year for a business and a maximum of 15 consecutive calendar days for all subsequent events for a business during that year.
1.
Temporary business advertising signs will be permitted a maximum of four times per calendar year per business.
2.
Display occurrences shall be interrupted by a minimum of 30 days.
3.
Businesses shall be limited to two banner signs per business.
4.
A banner sign shall not be freestanding and shall only be affixed to the façade of the building including canopies or awnings. Banner signs shall not be affixed to any other permanent or temporary structures, including freestanding walls, fences, and utility poles.
5.
Banner signs shall not extend above the roofline or parapet of the building.
E.
Time Limits. Temporary signs shall be removed within seven days after the conclusion of the event, the drive, the election, or the purpose served by the sign.
1.
Any such sign that remains more than seven days after the event shall be considered abandoned and the City Clerk and/or Public Works Director, or any of their agents, are authorized to remove the sign without notice.
F.
Removal. The City Clerk, Community Development, and/or Public Works Director, or any of their agents, are authorized to remove any sign found to be in violation of this section and shall store the sign in a safe location. The City Clerk and/or Public Works Director shall reasonably attempt to contact the person or entity responsible for posting the sign, such as the organization, campaign, committee, and/or candidate. If the sign is not retrieved within seven calendar days after such notification, or reasonable attempt thereof, the sign shall be considered as abandoned and the City Clerk and/or Public Works Director, or any of their agents, are authorized to dispose of the sign without further notice.
(Ord. 19-1 § 3)
§ 17.31.100 Off-Site Temporary Signs.
A.
Purpose. The purposes of this section are to:
2.
Promote the attractive appearance of the City by providing reasonable regulations off-site temporary signs;
3.
Ensure that off-site temporary signs will not, by their size, location, construction, or manner of display, endanger the public health and safety;
4.
Promote the public interest by protecting the safety of pedestrians and vehicles and against fire hazards;
5.
Maintain and enhance the City's visual appeal for residents and visitors by preventing the degradation of visual quality through unregulated off-site temporary signs;
6.
Direct traffic related to real property that is for sale, lease, or exchange, in a manner that minimizes visual clutter, reduces unnecessary traffic through neighborhoods, and provides an orderly, attractive, high-quality image of the City; and
7.
Direct the public to seasonal agricultural activities in the City.
B.
General Requirements. The following standards shall apply to all off-site temporary signs.
1.
Sign Type. Off-site temporary signs shall be directional signs.
2.
Permission of Owner. The owner of an off-site temporary sign must obtain the written permission of the property owner to place their sign on the property.
3.
Location of Sign. Off-site temporary signs shall be located outside of public right-of-way, public property, and vision triangles. Signs shall not be affixed or displayed in any manner to fences, walls, light poles, trees, bridges, curbs, benches, cables, street medians, sidewalks, public facilities, or utilities, or other signs or structure.
4.
Design of Sign. Off-site temporary signs shall not be illuminated. Materials shall not include paper but may include durable, weatherproof materials such as metal, plastic, laminated cardboard, or other similar materials. Off-site temporary signs shall be designed to ensure that the sign faces are securely fastened to the supporting structure, and that the supporting structure is securely fastened to the ground.
5.
Content of Sign. Off-site temporary signs shall identify the name and telephone number of the sign owner with a minimum of one-half inch lettering.
C.
Agricultural Directional Signs.
1.
Maximum Allowable Sign Area. Agricultural directional signs shall have a maximum allowable sign area of four square feet.
2.
Maximum Sign Height. Agricultural directional signs shall have a maximum height of four feet.
3.
Location of Sign.
a.
Arterial and Collector Roadways. On arterial and collector roadways, agricultural directional signs shall be placed a minimum of 500 feet from any other sign advertising the same agricultural product or activity.
b.
Local Roadways. On local roads, agricultural directional signs may be located at intersections where there is a choice of turning movements.
4.
Time Limits. Agricultural directional signs shall be displayed only during the active selling season of an agricultural product and must be removed after the active selling season is over.
D.
Real Property Kiosks. Real property kiosks are directional, freestanding signs that identify a master planned development and indicate its direction and location and shall only be allowed for master planned development.
1.
Maximum Allowable Sign Area. Kiosks shall have a maximum allowable sign area of 50 square feet. Additional sign area may be obtained subject to a Conditional Use Permit approval.
2.
Maximum Kiosk Height. Kiosks shall have a maximum height of 15 feet. Additional height may be obtained subject to a Conditional Use Permit approval.
3.
Location of Kiosk. Kiosks shall be placed a minimum of 500 feet from any other kiosk.
4.
Maximum Number of Kiosks. Kiosks shall be limited to four per master planned development.
5.
Content of Kiosks.
a.
Kiosks shall identify the name of the master planned development in the upper portion of the sign. City or community logos are permitted.
b.
Kiosks shall include directional signs identifying the names of developments within the master planned development, provided that real property is available for sale, lease, or exchange. No other advertising shall be allowed.
6.
Design of Sign. Kiosks shall be designed as an architecturally enhanced structure that includes features such as a roof element, decorative cap and cornice detail, stone clad, or masonry clad columns, stone-clad or masonry-clad foundations, carved/sculptured wood construction, or other architectural features as determined by the Director.
7.
Time Limits. Kiosks shall be removed 30 days after a Certificate of Occupancy or a final inspection has been issued for the last unit or building in the master planned development.
E.
Real Property Signs.
1.
Maximum Allowable Sign Area.
a.
Weekend Only. Real property signs limited to the weekend shall have a maximum allowable sign area of four square feet.
b.
Not Limited to the Weekend.
i.
Advertising Four or Fewer Lots. Advertisements for the sale, lease, or exchange of four or fewer lots shall be limited to one sign with a maximum allowable sign area of 20 square feet.
ii.
Advertising a Subdivision, or Five or More Lots. Advertisements for the sale, lease, or exchange of a subdivision, or five or more lots, provided the properties are not located within a master planned development, shall be limited to two signs with a maximum allowable sign area of 20 square feet for each sign.
2.
Maximum Sign Height. Real property signs shall have a maximum height of four feet.
3.
Location of Sign.
a.
Arterial and Collector Roads. On arterial and collector roads, temporary real property signs shall be placed a minimum of 500 feet from any other sign advertising the same real property.
b.
Local Roads. On local roads, real property signs may be located at intersections where there is a choice of turning movements.
4.
Design of Sign. Real property signs shall not be illuminated. Materials shall not include paper but may include durable, weatherproof materials such as metal, plastic, laminated cardboard, or other similar materials. Real property signs shall be designed to ensure that the sign faces are securely fastened to the supporting structure, and that the supporting structure is securely fastened to the ground.
5.
Time Limits.
F.
Real Property Event Signs. Real property event signs shall only be for events sponsored by realtors or the property owner and are only allowed for existing properties available for sale, lease, or exchange.
1.
Location of Sign.
a.
Arterial and Collector Roads. On arterial and collector roads, real property event signs shall be placed a minimum of 500 feet from any other sign advertising the same real property.
b.
Local Roads. On local roads, real property event signs may be located at intersections where there is a choice of turning movements.
2.
Design of Sign. Real property signs shall not be illuminated. Materials shall not include paper but may include durable, weatherproof materials such as metal, plastic, laminated cardboard, or other similar materials. Real property signs shall be designed to ensure that the sign faces are securely fastened to the supporting structure, and that the supporting structure is securely fastened to the ground.
3.
Time Limits. Real property event signs may be displayed no earlier than 8:00 a.m. on the day of the event and removed no later than 4:00 p.m. on the day of the event. Real property event signs shall not be displayed on days other than event days.
(Ord. 19-1 § 3)