Zoneomics Logo
search icon

Westminster City Zoning Code

ARTICLE 3

Site Planning and General Development Standards

§ 17.300.005 Purpose.

The provisions of this Chapter address standards for site planning, project design, and operation and are intended to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, protects the use and enjoyment of neighboring properties, and is consistent with the General Plan.
(Ord. 2456 § 2, 2010)

§ 17.300.010 Applicability.

A. 
Standards. The standards of this Chapter shall be considered in combination with the standards for each zoning district outlined in Article 2, Zoning Districts, Permitted Land Uses, and Zone-Specific Standards. Where there may be a conflict, the standards specific to the zoning district as outlined in Article 2 shall override the general standards contained herein.
B. 
Compliance. All structures, additions to structures, and uses shall comply with the standards of this Chapter as determined applicable by the Director, except as specified in Chapter 17.610, Nonconforming Uses, Structures, and Parcels.
(Ord. 2456 § 2, 2010)

§ 17.300.015 Access.

A. 
Access to Streets
1. 
Every structure shall be constructed on or moved to a legally recorded parcel with a permanent means of access to a public street, in compliance with City standards.
2. 
All structures shall be properly located to ensure safe and convenient access for servicing, fire and police protection, and required parking.
3. 
Parcels on a private street that were legally established before the effective date of this Title are exempt from the required compliance with the latest adopted City standards for private streets.
4. 
All commercial, industrial, and residential off-street parking spaces shall have access to a public street or alley and shall be in parking facilities that are provided with safe internal circulation, entrances, exits, drives, and aisles consistent with City standards.
5. 
Whenever possible, access drives shall be located on side streets or alleys.
6. 
Each loading area shall be accessible from a street or alley, or from an on-site drive connecting with a street or alley. Such access may be combined with access to a parking lot if located so that loading activities do not obstruct normal on-site parking and traffic flow.
B. 
Pedestrian Access
1. 
All multiple-family residential, mixed use and nonresidential developments shall provide a minimum of one pedestrian walkway of no less than four feet in width from each adjoining street frontage connecting said street with either the main building entrance or common pedestrian corridor, as deemed necessary and appropriate by the Director.
2. 
A paved walkway shall be provided in areas of high pedestrian traffic.
3. 
When shopping centers are set back from the street with parking in front, street-adjacent freestanding pad buildings with minimum front setbacks shall be provided along 10 to 20 percent of the street frontage. These freestanding pad buildings shall be oriented toward the street and shall provide connections to the street frontage to encourage pedestrian access and to visually link the center to the street. Landscaping shall be provided on all four sides (except where loading space is required) of the building with emphasis on the street-adjacent side.
4. 
Accessible pedestrian linkages between buildings in commercial developments/shopping centers shall be provided, including safe and convenient accessible pedestrian access from parking areas to the buildings and uses within the center.
5. 
Parking areas shall be designed so that pedestrians walk parallel to moving motor vehicles.
(Ord. 2456 § 2, 2010)

§ 17.300.020 Setback Regulations and Exceptions.

A. 
Purpose and Intent. This Section establishes standards to ensure the provision of open areas for access to and around structures, access to natural light and ventilation, landscaping, recreation, separation of incompatible land uses, and space for privacy, traffic safety, and visibility.
B. 
Setback Requirements
1. 
All structures shall conform to the setback requirements identified for each zoning district as outlined in Article 2 and with any special setbacks established by this Title for specific uses.
2. 
All setbacks shall be open and unobstructed from the ground upward, with the exception of trees and other plant materials and except as provided elsewhere in this Title.
C. 
Exemptions from Setback Requirements. The minimum setback requirements of this Title shall apply to all uses/structures with the exception of:
1. 
Fences, hedges, walls and other like structures as listed in Section 17.300.030, and within the height limitations of this Title;
2. 
Landscaping;
3. 
Grade-level decks, with or without hand rails, steps, terraces, and other site design elements that are placed directly upon the finish grade and are up to 24 inches above the surrounding finish grade;
4. 
Refuse and recyclable materials storage areas as provided in Section 17.300.045 (Refuse and Recyclable Materials Storage Requirements).
D. 
Limitations on the Use of Setback Areas. Required setback areas shall only be used as follows:
1. 
Structures. Required setback areas shall not be occupied by structures other than:
a. 
Structures and uses that are exempt from the setback requirements as outlined in Section 17.300.020.C;
b. 
Accessory structures in compliance with Section 17.400.130, Residential Uses—Accessory Structures;
c. 
Detached accessory structures and architectural features as outlined in Table 3-1.
2. 
Parking. Required residential front and street side yard setbacks shall be landscaped and may not be used for off-street parking, the temporary standing of vehicles or for the permanent storage of motor or recreational vehicles, except as may be permitted under the provisions of Section 17.320.030.J, Parking Standards for Recreational Vehicles in the R1 Zoning District. In the R1 zoning district, and for single-family uses in any residential district, temporary standing of vehicles shall be permitted on driveways in required front yards and street side yards. Driveways, inclusive of walkways, shall not cover more than the percentages listed below unless the property contains an SB 9 Two-Unit Housing Development, Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit in which case the maximum width for driveways, excluding walkways, shall be allowed an additional 5 feet:
a. 
Fifty percent of the front yard for lots greater than or equal to 60 feet wide.
b. 
Fifty-five percent of the front yard for lots less than 60 feet wide, but greater than or equal to 55 feet wide.
c. 
Sixty percent of the front yard for lots less than 55 feet wide, but greater than or equal to 50 feet wide.
d. 
Sixty-five percent of the front yard for lots less than 50 feet wide, but greater than or equal to 45 feet wide.
e. 
Seventy percent of the front yard for lots less than 45 feet wide, but greater than or equal to 40 feet wide.
f. 
Seventy-five percent of the front yard for lots less than 40 feet wide.
g. 
Fifty percent of the street side yard on corner lots.
E. 
Measurement of Setbacks. Setbacks shall be measured as follows. See Figure 3-1, Location and Measurement of Setbacks, for illustration.
-Image-11.tif
Figure 3-1 Location and Measurement of Setbacks
1. 
Future right-of-way improvements. Setbacks shall be measured from the line shown on any Street Improvement Plans and/or resulting from corner cut-off required by the Public Works Department.
2. 
Front setback. The front setback shall be measured at right angles from the nearest wall of the structure to the front lot line, except as follows:
a. 
Corner parcels and reverse corner lots. The setback measurement of corner parcels and reverse corner lots shall be taken from the lot line separating the narrowest street frontage of the lot from the street.
b. 
Flag lots. The setback measurement of flag lots shall be taken from the nearest point on the wall of the structure facing the street to the point where the access strip ("flag pole") meets the bulk of the parcel, establishing a building line parallel to the lot line nearest to the public street or right-of-way. See Figure 3-2, Flag Lot, for illustration.
-Image-12.tif
Figure 3-2 Flag Lot
3. 
Side and street-side setback. The side and street-side setbacks shall be measured at right angles from the nearest point on the side property line to the nearest wall of the structure establishing a yard that extends from the rear line of the required front yard, or front property line where no front yard is required, to the rear yard.
4. 
Rear setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the rear line of the main building nearest the rear lot line, establishing a yard that extends across the full width of the lot.
F. 
Allowed Projections/Intrusions into Setbacks. Architectural features and accessory uses/structures may extend into the front, side, and rear setbacks, as well as required open space, as outlined in Table 3-1.
Table 3-1
Allowed Projections/Intrusions into Setbacks
Architectural Feature or Accessory Use/Structure1
Maximum Projection into Required Setback
Front
Side
Rear
Awning, canopy, eave, and cornice (residential or nonresidential zoning district)
5 feet, but no closer than 2 feet to any front lot line
2 feet 6 inches, but no closer than 2 feet to any side lot line
5 feet, but no closer than 2 feet to any rear lot line
Balcony, porch (covered or uncovered), terrace, landing, and outside stairway open and unenclosed by anything other than railings (residential or non-residential zoning district)
5 feet, but no closer than 3 feet to any front lot line
3 feet, but no closer than 2 feet to any side lot line
5 feet, but no closer than 3 feet to any rear lot line
Bay window (cantilevered) and media niche (residential zoning district)
18 inches
18 inches
18 inches
Masonry chimneys and fireplaces, attached (residential zoning districts)
20 inches
20 inches, but no closer than 3 feet to any side lot line
20 inches
Masonry chimneys and fireplaces, detached (residential zoning districts)
Not permitted
3 feet, but no closer than 2 feet to any side lot line
5 feet, but no closer than 3 feet to any rear lot line
Roof overhangs, at least 8 feet above grade (residential zoning districts)
2 feet
2 feet
2 feet
Barbecues (residential zoning districts)
Not permitted
3 feet, but no closer than 2 feet to any side lot line
5 feet, but no closer than 3 feet to any rear lot line
Detached residential accessory buildings or structures (residential zoning districts)
See Section 17.400.130
Notes:
1
See Article 7 for definitions of "architectural feature" and "accessory uses and structures."
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011; Ord. 2511 § 2, 2014; 2022; Ord. 2575 § 2, 2021; Ord. 2580U § 5)

§ 17.300.025 Height Measurement and Height Limit Exceptions.

A. 
Purpose and Intent. This Section outlines the provisions for building height limits and exceptions to height limits.
B. 
Height Limits. All structures shall meet the following standards relating to height limits, except for fences and walls, which shall comply with the provisions of Section 17.300.030, Fences, Hedges, and Walls, and the allowable exceptions identified in Section 17.300.025.C, Measurement and Height Limit Exceptions.
1. 
Maximum height. The height of structures shall not exceed the standard established by the applicable zoning district as outlined in Article 2.
2. 
Height measurement. See definition of "building height" in Article 7 and Figure 7-1, Building Height Measurement, for illustration.
C. 
Exceptions to Height Limits. Exceptions to the height limits identified in this Section shall apply in the following manner:
1. 
Architectural features (see Article 7 for definition of "architectural feature") that are non-habitable design elements such as towers, gables, spires, cupolas, antennas (except wireless communication facilities), artificial windbreaks, and similar structures and necessary mechanical appurtenances may be built not higher above the street than twice the building height limit established for the district in which such structures are located; provided that no such structure in excess of the district building height limit shall be used for sleeping or eating quarters, or for any commercial purpose other than such as may be incidental to the permitted use of the main building. Additionally, derricks for drilling for oil may be 160 feet in height.
2. 
Flag poles, as provided in Section 17.330.050, Special Provisions.
(Ord. 2456 § 2, 2010)

§ 17.300.030 Fences, Hedges, and Walls.

A. 
Applicability. Fences, walls used as fences, latticework screens, hedges, thick growths of shrubs or trees, open-mesh wire fences, and walls shall be installed and maintained in compliance with the provisions outlined in this Section. These regulations do not apply to fences required by the City for reasons of public safety.
B. 
General Height Limitations. Fences, hedges, and walls shall comply with the height limitations outlined in Table 3-2. See Figure 3-3, Measurement and Location of Fence or Wall Height, for illustration of height limitations.
Table 3-2
Maximum Height of Fences, Hedges and Walls
Location
Maximum Height
Additional Requirements
Specific Zone
R1 zoning district, side and rear yard
6 feet
When an R1-zoned property abuts a freeway right-of-way, fence, hedge, and wall height shall be no less than 8 feet
All zoning districts other than R1, side and rear yard
8 feet
When the fence does not abut property in an R1 zoning district
All Zones
Front Yard
Within the required front setback of any lot or the required rear yard of any through lot
3 feet
For properties located in the R2, R3, R4, and R5 zoning districts and that are developed with multiple-family units, refer to Section 17.300.030.E
Within the front yard setback of any flag lot, the maximum permitted height of a fence, block wall, or hedge shall be 6 feet. Within the 20-foot front yard of the 'flag pole' on any flag lot, the maximum permitted height of a fence, block wall, or hedge shall be 3 feet.
Corner-Lot Exception
Any point within 25 feet of the point of intersection or center of the corner cutoff of two streets or a street and an alley
3 feet
In the case of a corner lot that abuts an alley, not more than 3 feet in height at any point within 10 feet of said point of intersection
Any point within 10 feet of the point of intersection of a corner lot that abuts an alley
3 feet
Not applicable
That portion of the rear yard of a corner lot that abuts the front yard of any adjacent lot for a distance not to exceed 10, and for an equal distance not to exceed 10 along the exterior side lot line of said corner lot, in order to create a triangular area in which sight distance would not be impaired above 3 feet in height
3 feet
Not applicable
-Image-13.tif
Figure 3-3 Measurement and Location of Fence or Wall Height
C. 
Measurement of Height. The height of a wall or fence along an interior property line shall be measured from the higher natural or established grade of the two abutting properties. If the wall is within five feet of the public right-of-way, the height of the wall shall be measured from the grade of the abutting right-of-way.
D. 
Materials and Design. Fences and walls should be built with attractive, durable materials, including, but not limited to, redwood, wrought iron, textured concrete block, or formed concrete with reveals. Chainlink fencing, corrugated metal fencing, and/or fiberglass fencing, and "tennis windscreens" are not permitted within the front yard or street side yard areas.
E. 
Multiple-Family Residential. A 6-foot high fence may be permitted within the front yard 20-foot setback for multiple-family units in the R2 to R5 zoning districts, subject to the provisions of Article 5 and provided that no other variances to the WMC are proposed. Such fences shall maintain the following standards in addition to subsection (D – Materials and Design):
1. 
Fencing material may extend above 3 feet in height but not exceeding 6 feet in height, as measured from the highest finished grade abutting the fence, provided such vertical extension does not impair visibility through the obscuring of more than 10 percent of the area in the vertical plane. This is equivalent to 1-inch wide balusters placed approximately 9 inches on center. Masonry pilasters used above the 3-foot level shall be no more than one-foot wide. Variations in design are subject to site plan approval, and shall be evaluated on a case-by-case basis.
2. 
All proposed fencing materials shall be decorative in nature. Fences shall not consist solely of vertical wrought-iron balusters.
3. 
Fences shall be behind 5-foot wide perimeter landscaping area, provided that existing site features do not prohibit such a setback. Variations in landscaping-area design are preferable, with intermittent placement and/or varied widths, in a consistent design, being encouraged. Variations due to existing site-design constraints shall be evaluated on a case-by-case basis.
4. 
Vehicle entrance gates shall be set back a minimum of 20 feet from the property line in order to provide for a vehicle holding area. All gates/fences shall be provided with lock boxes, subject to fire department and police department approval.
F. 
Special Wall and Fencing Requirements
1. 
Screening of outdoor equipment, storage, and work areas shall be provided in accordance with Section 17.300.035, Screening.
2. 
Temporary fencing may be approved as deemed necessary and appropriate by the Director.
3. 
Whenever an off-street parking area is adjacent to or across an alley from property being used for residential purposes, a solid masonry wall 6 feet in height shall be erected and maintained along the property line so as to physically separate the parking area from the residential property. Such wall shall be 3 feet in height when within the required front or street side-yard setback. Where no front or street side-yard setback is required, such wall shall be 3 feet in height when within 10 feet of the street right-of-way.
4. 
Whenever an off-street parking area is across a street from property being used for residential purposes, a masonry wall not less than 3 feet in height shall be erected and maintained along the street side of the lot and no closer to the street than the required depth of the yard in the adjoining residential area.
5. 
All property used for cemetery purposes shall be enclosed by a fence, wall, or structure used as a wall, not less than 8 feet in height; however, that any such fence, wall, or structure installed within 50 feet of an intersection shall be wire mesh or similar material so as not to obstruct traffic visibility.
6. 
Where any property used for industrial purposes has a common property line with property zoned for residential purposes, a solid masonry or concrete block wall shall be provided not less than 8 feet in height on such property line, except where the face of a building is on such property.
7. 
Where any property in the M1 zoning district is used for supply or storage yards, or other uses that are permitted to be conducted outside of a building (e.g., stock and public scales), that portion of the property that is so used shall be enclosed with a wall or chain-link fence not less than six feet in height, in order to discourage trespassing, provided that where the face of a building is on any site boundary, no separate wall or fence is required to be installed along the boundary line occupied by the face of the building.
G. 
Security Fencing. Fences in all zoning districts shall not incorporate electrical currents, concertina ribbon, razor wire, razor ribbon, and/or pointed, protruding, or sharp objects or elements, or similar type of restraining device except as provided in Section 17.300.035.H. (Exception: Wrought-iron fences may incorporate decorative arrowhead and curved point tips.)
H. 
Barbed-Wire Fencing
1. 
Where outside activities are conducted in the C1 and C2 zoning districts, including new and used vehicle sales, mobile home sales, recreation vehicle storage facilities, and electrical distribution stations, or in the CM, M1, and M2 zoning districts where storage of hazardous materials is permitted, or in high risk areas such as electrical or pump stations, a maximum of four strands of strong barbed wire may be permitted under the following conditions:
a. 
The barbed wire is placed on top of a wall or fence at least 6 feet in height;
b. 
The barbed wire strands do not raise the total height of the wall or fence above 8 feet;
c. 
The barbed wire is not adjacent to public walkways in the CR and C1 zoning districts; and
d. 
The barbed wire does not encroach over public right-of-way at any location.
2. 
Barbed wire is prohibited on or between properties and adjacent to public walkways in the R1 to R5 zoning districts.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011; Ord. 2580U § 6, 2022)

§ 17.300.035 Screening.

A. 
Purpose and Intent. This Section establishes standards for the screening and separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface-parking areas.
B. 
Screening Between Different Land Uses
1. 
Walls shall be used to provide a buffer between residential and commercial and/or industrial uses. A 6-foot high masonry wall shall be placed on, or just inside, the property line adjoining a residential zone. The wall shall be lowered to a maximum of 3 feet in the front yard setback area to allow the adjoining residential property to have adequate view clearance for traffic safety.
2. 
Evergreen trees shall be planted no further apart than 20 feet on-center, depending on species, to screen parking lots and large building walls, decrease perceived noise impacts, and provide a visual buffer between commercial and residential uses.
3. 
The maximum height of the walls shall comply with the provisions of Section 17.300.030, Fences, Hedges, and Walls.
4. 
The walls shall be architecturally treated on both sides, subject to the approval of the Director.
C. 
Screening of Storage and Equipment Areas. Outdoor storage and equipment areas can present a negative visual experience, especially in commercial areas. Therefore, any equipment, whether on the roof, side of building, or ground shall be concealed from public view under the following provisions.
1. 
Mechanical equipment (e.g., air conditioning, heating, exhaust, and ventilation ducts), refuse and recyclable materials storage areas, and utility services shall be screened from public view from adjoining public streets and rights-of-way and from surrounding area(s) zoned for residential or open space uses as determined by the Director. Any equipment, whether on the roof or side of a building, or at ground level, shall be screened. The method of screening shall be architecturally integrated with the principal building in terms of materials, color, design, and size. Also, the method of screening shall be architecturally compatible with other on-site uses in terms of color, material, and architectural style as determined by the Director.
2. 
Mechanical equipment such as ground transformers located away from a building shall be screened from public view, including the top, if practical, so that the site appears free of all such devices.
3. 
All utility connections, gas storage tanks, storage and maintenance equipment, telephone junction boxes, etc., shall be screened through the use of fencing, berming, landscaping, and siting within the existing terrain.
4. 
Outside storage and work areas shall be screened with a solid sight-obscuring masonry wall, a minimum of six feet in height, of a type and design approved by the Director. The wall shall include sight-obscuring gates. The wall and gate(s) shall be continuously maintained in good repair.
5. 
Site operations in conjunction with outdoor uses, including the loading and unloading of equipment and materials, shall be conducted entirely within a walled area.
D. 
Screening of Loading Areas
1. 
Loading areas shall be screened so that they are not visible from street frontages or any freeway corridor. A solid masonry wall shall be designed to screen loading areas and, where necessary, to mitigate noise impacts.
2. 
Loading facilities shall not be at the front of buildings, where it is difficult to adequately screen them from public view.
E. 
Screening of Parked Cars at the Street Periphery
1. 
A continuous barrier shall be provided to screen parked cars at the street periphery.
2. 
A 36-inch-high hedge or other landscaping screen shall be placed along the frontage adjacent to parking stalls to screen parking areas at the street periphery.
F. 
Screening of Dish Antennas. Dish antennas shall be screened with vegetation or other natural or manmade materials in compliance with the provisions of this Article. The minimum screening height shall be six feet. If roof-mounted, the antenna shall be located so as to minimize its projection above the roof line as viewed from a height of six feet from any point along a property line or lines abutting a public street or streets. Any projection of six feet above the roof line shall be screened in compliance with the provisions of this Article. Additional provisions related to dish antennas can be found in Section 17.400.180, Dish Antennas.
(Ord. 2456 § 2, 2010)

§ 17.300.040 Outdoor Lighting.

A. 
Purpose and Intent. Outdoor lighting can present a negative visual and/or psychological effect on individuals, especially in areas where residential uses abut or are in close proximity to commercial, office, or industrial areas. This Section outlines the provisions for the installation and operation of outdoor lighting.
B. 
General Standards for Outdoor Lighting. Exterior lighting shall comply with the following requirements:
1. 
All exterior lighting shall be designed, arranged, directed, or shielded in such a manner as to contain direct illumination on-site, thereby preventing excess illumination and light spillover onto adjoining land uses and/or roadways. Additionally, outdoor lighting shall be located and designed to prevent a significant increase in the overall ambient illumination.
2. 
All lighting fixtures shall be architecturally integrated with the character of the principal structure(s).
3. 
Uniformity or, where appropriate, compatibility of lighting type (i.e., height, wattage, energy efficiency, base support, finish material, texture, color, and style of poles and luminaires) shall be provided.
4. 
Landscaping and pedestrian-walkway lights shall have a low height.
5. 
Security lighting shall be provided at all entrances/exits.
6. 
All lights and illuminated signs in a parking area shall be directed away from adjacent properties and the public right-of-way.
7. 
Loading areas shall have lighting for security and safety purposes. All illumination shall be directed away from adjoining properties.
(Ord. 2456 § 2, 2010)

§ 17.300.045 Refuse and Recyclable Materials Storage Requirements.

A. 
Purpose and Intent. This Section establishes the standards for the storage and loading of recyclable materials and refuse.
B. 
General Standards. The following standards shall apply to all new refuse and recyclable materials storage:
1. 
Refuse and recyclable material storage areas shall not be located in any required front yard and street side yard.
2. 
Refuse and recyclable material storage areas shall not obstruct vehicular access and maneuvering area for any parking stall, nor shall a refuse and recyclable material storage area obstruct any driveway, drive aisle, loading area, or pedestrian walkway.
3. 
For non-residential uses, refuse and recyclable material storage areas shall not be located within side or rear yard setbacks when yards abut residential uses or any area required to be maintained as unencumbered according to any public safety laws as adopted.
4. 
Refuse and recyclable material storage area gates shall be oriented to minimize visibility from adjacent properties and the public right-of-way.
5. 
All structures used as refuse and recyclable material storage areas shall incorporate architectural features (i.e., color, material, building design features, etc.) of the buildings associated with such storage areas to ensure design consistency.
6. 
For multi-family residential uses (2 or more units), if a refuse and recyclable materials storage area is located more than 100 feet walking distance from the dwelling (excluding garage or parking area), then trash compactors shall be required for each dwelling that is more than 100 feet from a refuse and recyclable materials storage area. In no case shall a refuse and recyclable materials storage area be located more than 250 feet walking distance from the dwelling (excluding garage or parking area).
C. 
Standards for Single-Family and Multi-Family Residential Projects up to 4 Units are Listed Below in Table 3-3.
Project Description
Minimum Standards
A. New Single-Family Residential
A minimum of 3 cubic feet of space for the collection and storage of refuse and recyclable material shall be provided for each dwelling.
Each collection area shall be located either in a side yard; completely screened behind a gate that is a minimum of 40 inches in width to accommodate a 90-gallon mobile container, fence, or wall; or inside a garage. If the collection area is inside a garage, the minimum required dimensions for parking as outlined in Chapter 17.320, Off-Street Parking and Loading, shall be maintained.
B. New Multi-Family Residential (2—4 Units)
One 65- or 90-gallon trash container and one 65- or 90-gallon recycle container for each unit; or two 3-cubic yard bins for each development. When bins are used instead of trash and recycle containers, then the construction and design standards specified in the Midway City Sanitary District's Commercial Solid Waste and Recycling Design and Construction Standards shall apply.
D. 
Standards for All Other Development Projects Listed Below in Table 3-4 are Subject to the Midway City Sanitary District's Commercial Solid Waste and Recycling Design and Construction Standards.
Project Description
Minimum Standards
A. New Development
Subject to the Standards specified in the Midway City Sanitary District Commercial Solid Waste and Recycling Design and Construction Standards or as may be amended.
Commercial and industrial uses.
Institutional uses, including private schools, places of assembly, public facilities and all other nonresidential uses.
Multi-family residential uses with 5 or more units with shared refuse and recycling materials storage areas. If multi-family residential uses with 5 or more units do not have a shared refuse and recycling materials storage area, it must comply with single-family residential standards in Table 3-3 and must meet location and accessibility standards and other applicable Midway City Sanitary District requirements.
B. Modifications to Existing Structures or Uses
Physical changes to a property or use listed in Section A of this table, where the cost of improvements exceeds $75,000.00.
Change of use that generates food waste, grease and/or vehicle fluids, or packaging materials.
Any other project with the potential to pollute storm water and/or to discharge pollution into the City's storm sewer system.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011; Ord. 2529 § 2, 2016)

§ 17.310.005 Purpose.

The purposes of this Chapter are to:
A. 
Establish uniform landscape standards for new projects, as well as provide a mechanism to require the upgrade of existing landscaping in developments when improvements are proposed;
B. 
Enhance the aesthetic appearance of developments throughout the City by providing standards related to the quality and functional aspects of landscaping;
C. 
Increase compatibility between abutting land uses and between land uses and public rights-of-way by providing landscape screening or buffers;
D. 
Provide for the conservation of water resources through the efficient use of irrigation, appropriate mix of plant materials, use of artificial turf, water recycling features, and regular maintenance of landscaped areas;
E. 
Enhance and increase the compatibility of abutting land uses and public rights-of-way by providing landscape screening and buffers where appropriate.
(Ord. 2456 § 2, 2010)

§ 17.310.010 Applicability.

A. 
New Projects. All new proposed development shall provide landscaping in compliance with the requirements of this Chapter, as applicable.
B. 
Existing Uses. The renovation of an existing building or center offers opportunities to upgrade existing on-site landscaping to be consistent with the provisions of the WMC. It is the City's policy to require the improvement of landscaping to the greatest extent practical, considering existing site conditions. In the case of an existing use, if the amount of required landscaping cannot be accommodated because of existing buildings or other physical constraints of a site, the applicant shall provide landscaping toward meeting the landscape requirements, as the Director determines can be reasonably accommodated.
C. 
Changes to Existing Turf or Groundcover. When turf and/or groundcover is proposed to be replaced with one or more landscape material as allowed in this Chapter, and where such change of landscape material is determined not to require a building or landscape permit, plan check or design review, such change shall be subject to a Zoning Clearance, as specified in Chapter 17.515 of this Title. For single-family residential uses, Section 17.310.033 shall apply.
D. 
Artificial Turf. The Artificial Turf Design Standards, as stated in Section 17.310.035 of this Chapter, are applicable to all zoning districts and all uses.
E. 
Projects Subject to the City's Water Efficiency Landscape Measures. Projects subject to all of the City's Water Efficiency Implementation Measures and provisions stated in the City's adopted Handbook of Water Efficiency Landscape Measures, in addition to the provisions stated in this Chapter include all of the following:
1. 
New Landscape Projects. New landscape projects, except for cemeteries, with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check or design review.
2. 
Rehabilitated Landscape Projects. Rehabilitated landscape projects, except for cemeteries, with an aggregate landscape area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check or design review.
F. 
Projects Subject to Limited Portions of the City's Water Efficiency Landscape Measures. Projects subject to limited portions of the City's Water Efficiency Implementation Measures and provisions stated in the City's adopted Handbook of Water Efficiency Landscape Measures include the following:
1. 
Cemeteries. At a cemetery, Sections 2.9, 2.10, and Appendix C of the City's adopted Handbook of Water Efficiency Landscape Measures shall apply to new landscape projects and Sections 2.9, 2.10 and 3 of the City's adopted Handbook of Water Efficiency Landscape Measures shall apply to rehabilitated landscape projects.
2. 
Graywater Use. New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on-site is subject only to Appendix A of the City's adopted Handbook of Water Efficiency Landscape Measures.
G. 
Exceptions to Chapter 17.310. This Chapter shall not apply to landscaping for:
1. 
Single-family homes, except where subject to the Water Efficiency Landscape Measures, Section 17.310.033 (Modifications to Existing Single-Family Residential Landscaped Areas), and Section 17.310.035 (Artificial Turf);
2. 
Cemeteries, except where subject to the Water Efficiency Landscape Measures;
3. 
A registered local, State, or Federal historical site;
4. 
Publicly-owned parks and open space and government-owned facilities, except where subject to the Water Efficiency Landscape Measures;
5. 
Public schools.
H. 
Exceptions to Water Efficiency Landscape Measures. Projects exempt from the Water Efficiency Landscape Measures, as specified in the City's adopted Handbook of Water Efficiency Landscape Measures but are otherwise subject to the requirements of this Chapter, include the following:
1. 
Ecological restoration projects that do not require a permanent irrigation system;
2. 
Mined-land reclamation projects that do not require a permanent irrigation system;
3. 
Plant collections, as part of botanical gardens and arboretums open to the public;
4. 
Registered local, State, or Federal historical sites.
I. 
Optional Compliance with the Water Efficiency Landscape Measures. New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements established in the City's adopted Handbook of Water Efficiency Landscape Measures or conform to the prescriptive measures contained in Appendix A of the City's adopted Handbook of Water Efficiency Landscape Measures.
(Ord. 2456 § 2, 2010; Ord. 2528 § 2, 2016)

§ 17.310.015 Landscape Area Requirements.

A. 
Setbacks. All setback and open-space areas not occupied by driveways, parking areas, walkways, building projections, or approved hardscape areas shall be landscaped. Planters shall be placed adjacent to the street, around buildings, and in parking lots. Front-yard setbacks and high visibility areas shall be landscaped.
B. 
Sight-Distance Triangle. Within a triangular area 10 feet on a side on either side of an access drive, no object shall exceed a height of 30 inches above the top of the curb.
-Image-14.tif
C. 
Location of Planted Areas. Parking-lot landscaping shall be designed so that pedestrians are not required to cross planted areas in order to reach building entrances from parking areas. This should be achieved through proper orientation of planted fingers and islands.
D. 
Bumper-Overhang Areas. In areas where vehicles will overhang a landscape planter, an additional two feet of planter area shall be required. This area shall be planted with low ground cover that is not likely to be damaged by vehicles. See Figure 3-4, Bumper-Overhang Area, for illustration.
-Image-15.tif
Figure 3-4 Bumper-Overhang Area
E. 
Parking Lot Perimeter Landscaping
1. 
Adjacent to streets.
a. 
Parking areas for nonresidential uses adjoining a public street shall be designed to provide a minimum 4-foot wide (inside dimension) landscaped planting strip between the street right-of-way and parking area.
b. 
The landscaping shall be designed and maintained to screen parked cars from street views and plant materials shall be selected to provide a minimum height of 36 inches at the time of planting. The Director may approve screening of less than 36 inches when deemed necessary to protect the public interest. Screening materials may include a combination of plant materials, earth berms, solid masonry walls, raised planters, or other screening devices to meet the intent of this requirement; however, the use of solid masonry walls without plant cover, as a screening material, is prohibited.
c. 
Shade trees shall be provided at a minimum rate of one tree for every 5 parking stalls. The minimum size of trees shall be 15-gallon.
2. 
Adjacent to residential uses.
a. 
Parking areas for nonresidential uses adjoining residential uses shall be designed to provide a minimum 4-foot wide (inside dimension) landscaped planting strip between the parking area and the common property line bordering the residential use.
b. 
To address land use compatibility issues such as nuisance, noise, and light or glare, a solid masonry wall shall be provided along the property line to the maximum height allowed in Table 3-2.
3. 
Within multifamily or small lot residential areas.
a. 
There shall be no more than 10 spaces of uninterrupted parking within open parking areas. Each 10 spaces (or less) shall be separated from adjacent parking spaces by a landscaped area equal in width and depth to a standard parking space (9 feet x 18 feet).
-Image-16.tif
(Ord. 2456 § 2, 2010)

§ 17.310.020 Landscape Standards.

A. 
General Requirements
1. 
Minimum landscape area. On sites proposing new development, a minimum of 15 percent of the site shall be landscaped in an effective manner.
2. 
Minimum width of landscaped areas. Landscaped tree planters shall be a minimum width of 4 feet.
3. 
Concrete curb/mow-strip. When in or adjacent to a parking area or drive aisle, planted areas shall be protected with a minimum 6-inch high concrete curb above the surrounding pavement or ground level.
4. 
Maintenance. Landscape areas shall be continuously maintained as approved by the City. Plant materials shall be maintained and trimmed so as to not encroach into the public right-of-way. Trees and shrubs shall not interfere with lighting of the premises or access to emergency apparatus and shall not obstruct the sight distance necessary for safe vehicle travel. Trees shall be trimmed above the ground level to accommodate pedestrian and vehicular traffic. Species shall be selected accordingly.
5. 
Irrigation. All planted areas shall be provided with a permanent automatic irrigation system. This watering system shall consist of piped water lines terminating in an appropriate number of sprinklers or hose bibs to ensure a sufficient amount of water for plants within the planted area.
6. 
Decorative hardscape. Decorative and creative hardscape designs that are consistent with the Design Guidelines Manual shall be encouraged and may be apportioned towards the required 15 percent minimum landscape area, provided that the hardscape design comply with the following criteria:
a. 
A mix of surface colors and textures that creates a pattern such as pavers, tile, brick, colored and stamped concrete (except painted concrete), or any other durable surface shall be utilized;
b. 
Properly irrigated raised planters, pots, hanging or suspended planter boxes, vases, etc., that are consistent with the theme and architecture of the development;
c. 
Site furniture such as benches, on-site light standards, bollards, gazebos, public art, etc., that shall not be located in the public right-of-way and shall be consistent with the theme and architecture of the primary building(s);
d. 
Up to 50 percent of the required landscape area may utilize decorative hardscape.
7. 
Landscape placement restriction. Plant materials shall be placed in such a manner that they do not interfere with the lighting of the premises or restrict access to emergency apparatus such as fire hydrants or fire alarm boxes. Trees or large shrubs shall not be planted under overhead transmission/telephone utility lines or over underground public utilities if their growth might interfere with such utilities.
B. 
Planting Materials
1. 
Trees.
a. 
Number of trees. At least one tree shall be provided for every 500 square feet of total landscaped area. From the total required, at least one tree shall be provided in the parking area, within tree wells or in landscape planters, for every 5 parking spaces.
b. 
Tree container size. The minimum tree-container sizes for all trees on a site shall be specified as follows: 20 percent of all required trees shall be of 24-inch box size or larger and the remaining trees shall not be less than 15-gallon size.
c. 
Placement of trees. Trees shall be placed as follows:
i. 
A minimum of 5 feet between the center of a tree and the edge of a driveway, water or gas meter, or sewer lateral;
ii. 
A minimum of 10 feet between the center of a tree and the point of intersection of the edge of driveways with streets or walkways;
iii. 
A minimum of 10 feet between the center of a tree and a utility pole;
iv. 
A minimum of 8 feet between the center of a tree and fire hydrants or fire-department sprinkler and standpipe connections.
2. 
Groundcover and shrubs.
a. 
Groundcover requirements. Groundcover requirements shall be as follows:
i. 
Turf and artificial turf areas should be limited and trees, shrubs, and ground cover should be planted wherever possible;
ii. 
A minimum of 3 inches of mulch shall be applied to all non-turf planting areas;
iii. 
Live plants used as groundcover shall be provided in a sufficient quantity to achieve 100 percent coverage of all planted areas, excluding areas comprised of non-living forms of groundcover, within 1 year;
iv. 
Crushed rock, pebbles, redwood chips and other forms of decorative pervious materials may be used as groundcover in lieu of live plants, provided that no individual landscaped planter area shall be without shrubs and/or trees.
b. 
Number of shrubs. One shrub or vine shall be provided for every 50 square feet of landscaping area.
c. 
Shrub size. Shrub size shall not be less than 5 gallons.
d. 
Placement of shrubs. Large shrubs shall be placed as follows:
i. 
A minimum of 5 feet between the center of a tree or large shrub and the edge of driveway, water or gas meter, or sewer laterals;
ii. 
A minimum of 10 feet between the center of a tree or large shrub and the point of intersection of the edge of driveways with streets or walkways;
iii. 
A minimum of 10 feet between the center of a tree or large shrub and a utility pole;
iv. 
A minimum of 8 feet between the center of a tree or large shrub and fire hydrants or fire department sprinkler and standpipe connections.
C. 
Plant Selection—Drought-Tolerant Plants. Landscaping shall emphasize drought-tolerant plants whenever/wherever possible. The use of cactus, however, shall be very limited and used only in small areas for accent.
D. 
Irrigation
1. 
Plants that require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Lawn areas and planters shall be irrigated by separate valves.
2. 
Drip systems shall be installed whenever feasible.
3. 
A separate backflow-prevention device and anti-siphon valves shall be installed for irrigation systems.
4. 
A rain-sensing overriding device shall be used so that the irrigation system will automatically turn off in the event of rain.
5. 
The irrigation system shall be designed to prevent overspray and water runoff onto adjacent properties, non-irrigated areas, walks, roadways, or structures.
6. 
An automatic irrigation system using pop-up sprinkler heads shall be required for all new landscapes. Backflow preventers and anti-siphon valves shall be provided in compliance with current codes. Low-flow sprinkler heads shall be used wherever possible.
7. 
The landscape designer shall certify that the plans were designed with the intent to provide the maximum feasible water conservation. This certification shall be located on the irrigation plans and signed by the designer.
8. 
An irrigation schedule that takes into consideration the soil conditions, seasonal changes, and plant material shall be prepared by the landscape architect or contractor and included on the plans. Watering shall be scheduled according to the specifications of Section 13.14.050, Permanent water conservation requirements–Prohibition against waste, of the Westminster Municipal Code. The irrigation schedule shall:
a. 
Include a run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station;
b. 
Provide the amount of applied water recommended on a monthly basis.
9. 
Sprinkler heads and risers shall be protected from car bumpers. Pop-up heads shall be installed near curbs and sidewalks.
10. 
All trees shall be securely staked with double staking and/or guy-wires. Root barriers may be required for some tree species and locations.
11. 
All irrigation systems shall be designed to reduce vandalism by placing controls in appropriate enclosures.
E. 
Maintenance
1. 
A maintenance schedule that requires periodic water-flow checks, overspray, and viability and growth of the plant materials shall be prepared by the landscape architect or contractor. The maintenance check should be performed by the property owner or designated representative every 6 months.
2. 
Irrigation devices shall be repaired as soon as a fault is detected. Repair of irrigation equipment shall be done with the originally specified materials or their equivalent.
(Ord. 2456 § 2, 2010; amended during Supplement No. 2, 1/12; Ord. 2528 § 3, 2016)

§ 17.310.025 Additional Landscape Standards Applicable to Projects Subject to the City's Water Efficiency Landscape Measures.

Compliance with Water Efficiency Landscape Measures. In addition to the landscape standards specified in Section 17.310.020, Landscape Standards, of this Chapter, all landscape projects subject to the Water Efficiency Landscape Measures, as identified in Section 17.310.010(E) and (F), Applicability, of this Chapter, shall also fully comply with the provisions stated in the City's adopted Handbook of Water Efficiency Landscape Measures. Terms used within this Chapter in regards to the applicability and implementation of the City's Handbook of Water Efficiency Landscape Measures are defined in said Handbook.
(Ord. 2456 § 2, 2010; Ord. 2528 § 4, 2016)

§ 17.310.030 Landscape Plan Application Requirements.

A. 
Submission of Landscape Documentation Package Required. A Landscape Documentation Package shall be required for all projects and uses applicable to the provisions of this Chapter, with the exception that the submission of a Landscape Documentation Package shall not be required for changes to existing landscapes as specified in Section 17.310.010(C) (Changes to Existing Turf or Groundcover), Section 17.310.010(D) (Artificial Turf) and Section 17.310.033 (Modifications to Existing Single-Family Residential Landscape Areas).
B. 
Contents of Landscape Documentation Package. A Landscape Documentation Package shall include all of the following:
1. 
Project data—Specifications. The project data for all submittals shall include all of the following:
a. 
Project name, address of parcel(s), and assessor parcel number(s);
b. 
Name and address of property owner(s), project applicant(s), landscape architect(s) or person(s) responsible for preparing plans, and contact person(s);
c. 
Date of plan preparation;
d. 
Index of all sheets submitted (i.e., landscape design, irrigation, etc.).
2. 
Landscape design—Plan specifications. The landscape design (planting and hardscape) plan(s) shall be drawn on the projects base sheets at a scale that accurately and clearly identifies:
a. 
Landscape plans have been prepared and stamped by a professional appropriately licensed in the State of California to provide professional landscape design services, including, but not limited to, a licensed landscape architect, the architect of the development that includes the proposed landscape, or a licensed landscape contractor;
b. 
Plant materials, including trees, shrubs, live groundcover, turf, other vegetation, and decorative pervious materials used as groundcover. In addition to the new plant materials, all existing plants to remain and to be removed or relocated shall be identified. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated;
c. 
All property lines and street names;
d. 
Streets, driveways, walkways, steps and other paved areas;
e. 
Pools, ponds, water features, fences and retaining walls;
f. 
Designation of all hardscape and decorative hardscape areas including total square feet of the hardscape area and the total square feet of the decorative hardscape area. Each decorative hardscape area shall be dimensioned, and the total decorative hardscape area shall also be expressed as a percentage of the total required landscaping;
g. 
Decorative pervious materials used as groundcover, including the total square feet of area devoted to decorative pervious materials, the percentage of such area to the total required landscaping and dimensions for each planted area where decorative pervious materials are provided;
h. 
Existing and proposed buildings and structures including pad elevations, if applicable;
i. 
Natural features including rock outcroppings, existing trees, and existing shrubs that will remain;
j. 
Tree staking, plant installation, soil preparation, and any other applicable planting and installation details;
k. 
A calculation of the total planted area and percentage of turf area;
l. 
Designation of recreational areas;
m. 
Landscape-installation specifications;
n. 
Landscape-maintenance specifications, including the landscape contractor's maintenance period;
o. 
A table showing the quantity of planting material required per Section 17.310.020(B);
p. 
The location of all site improvements required to comply with an approved Water Quality Management Plan.
3. 
Irrigation design—Plan specifications. The irrigation design plan shall be drawn on the projects base sheets, at the same scale as the landscape design plan, and shall accurately identify:
a. 
Irrigation plans have been prepared and stamped by a professional appropriately licensed in the State of California to provide professional landscape design services, including, but not limited to, a licensed landscape architect, the architect of the development that includes the proposed landscape, or licensed landscape contractor;
b. 
Location and size of separate water meters for the landscaped areas as required, including service line and size;
c. 
Location and size of the point of connection for the existing or modified irrigation system;
d. 
Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral pipes, valves, sprinkler heads, moisture-sensing devices, rain switches, quick couplers, backflow prevention devices, and automatic rain shut-off devices;
e. 
Static water pressure at the point of connection to the public water supply;
f. 
Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pounds per square inch) for each remote-control valve and head radius or water coverage for each head (diameter for full heads);
g. 
Estimated annual water use expressed in inches per square foot of landscaped area per year;
h. 
Hydrozones of high, medium, and low water usage, differentiated by color or patterning. All plants listed on the plant list or legend shall be classified and grouped by category of hydrozone;
i. 
Table or sheet showing compliance with the irrigation requirements outlined in Section 17.310.020(D);
j. 
Symbols, brand name and model number for each sprinkler head and irrigation device.
C. 
Projects and Uses Subject to Water Efficiency Landscape Measures. All projects and uses determined to be subject to the City's Water Efficiency Landscape Measures, as specified in Section 17.310.010, Applicability, of this Chapter, shall be subject to the additional Landscape Documentation Package requirements as stated in the City's adopted Handbook of Water Efficiency Landscape Measures.
(Ord. 2456 § 2, 2010; Ord. 2528 § 5, 2016)

§ 17.310.033 Modifications to Existing Single-Family Residential Landscaped Areas.

A. 
The provisions of this Section apply to all single-family residential uses.
B. 
Within any yard area, required to be landscaped as specified in Section 17.300.020(D)(2) (Setback Regulations and Exceptions), where an area of existing turf, plants, shrubs, and/or trees greater than 200 square feet is proposed to be removed for the purpose of modifying or replacing the existing landscaping within such yard area, and where artificial turf is not proposed, then the following provisions shall apply:
1. 
Decorate pervious materials, such as crushed rock, pebbles, or wood chips may be provided as groundcover, in lieu of turf and other live landscaping, provided that a ratio of at least one plant, shrub, or tree for each 25 square feet of area devoted to decorative pervious materials shall be provided within the same yard area that is required to be landscaped. A minimum of 60 percent of all required plants or shrubs shall be at least 5 gallons in size and all trees shall be at least 15 gallons in size. Decorative pervious material areas shall not be used for parking.
2. 
Decorative hardscape materials, consisting of rock, stone, brick, sculptural elements or similar impervious materials may be included within the overall landscaped area, not to exceed 50-percent of the required landscaped area for any front or street side yard. Decorative hardscape areas shall not be used for parking.
3. 
The property owner(s) or authorized agent shall obtain a Zoning Clearance, as specified in Chapter 17.515 of this Title, for the purpose of determining compliance with the provisions of this Section, prior to modifying or replacing the existing landscaping.
4. 
No portion of a landscaped area shall be used for parking.
(Ord. 2528 § 6, 2016)

§ 17.310.035 Artificial Turf.

A. 
For all uses requiring a landscape plan as specified in Section 17.310.010, proposed artificial turf areas shall be shown on a landscape plan and considered as part of the overall proposed landscape design. For uses which are not subject to the Landscape and Irrigation Design Standards as specified in this Chapter, the property owner or owner's authorized agent shall be required to comply with the provisions stipulated in Section 17.310.035(B), prior to the installation of any artificial turf area.
B. 
The installation and use of artificial turf shall be subject to the following standards:
1. 
Allowed materials include cut-pile in-filled type artificial turf, composed of nylon, polyethylene and/or polypropylene as defined in Article 7 of this Title.
2. 
All areas of artificial turf shall have a 8-year to 12-year minimum no-fade warranty.
3. 
The use of indoor or outdoor plastic or nylon carpeting as a replacement for artificial turf shall be prohibited. Artificial shrubs, flowers, trees, and vines in-lieu of living plant materials shall be prohibited.
4. 
All artificial turf areas shall be anchored at the edges and seams, with a proper drainage system. A bender board, acceptable to the City, shall be installed to prevent intrusion of living plant material into the artificial turf area.
5. 
All artificial turf areas must be maintained in a green, fadeless condition at all times and shall simulate the appearance of a well maintained lawn.
6. 
Vehicle parking shall be prohibited on artificial turf.
7. 
Installation shall be performed by a licensed professional in accordance with the manufacturer's requirements and specifications.
For single-family residential uses, where artificial turf is proposed in the front and/or street side yard areas, at least ten percent of such yard area shall be devoted to live plants, including live turf, shrubs, groundcover and trees.
(Ord. 2456 § 2, 2010; Ord. 2528 § 7, 2016)

§ 17.320.005 Purpose.

This Chapter establishes regulations to ensure that sufficient off-street parking and loading facilities are provided for all uses and that parking and loading facilities are properly designed and located to meet the needs of specific uses, and to protect adjacent uses and property.
(Ord. 2456 § 2, 2010)

§ 17.320.010 Applicability.

Every use and structure, including a change, modification, alteration, or expansion of a use or structure, shall provide parking and loading areas in compliance with the provisions of this Chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this Chapter are satisfactorily completed.
(Ord. 2456 § 2, 2010)

§ 17.320.015 General Parking Regulations.

A. 
Parking and Loading Spaces to be Permanent. All off-street parking spaces and areas required by this Chapter shall be maintained for the duration of the improvement or use requiring such parking spaces or areas. Such spaces and areas shall be used exclusively for the temporary parking of passenger automobiles or light trucks not exceeding one ton in capacity, and shall not be used for the sale, display for advertisement, or for repair of motor vehicles, except emergency repair, or for the storage or display of any other item unless in conjunction with a seasonal or intermittent use with the approval of a Temporary Use Permit (Chapter 17.540), Special Event Permit, or during construction activities.
B. 
Located on Same Site. Parking and loading facilities shall be located on the same site as the use the facilities serve. However, off-site parking may be permitted subject to the requirements outlined in Section 17.320.025, Alternative Parking Provisions.
C. 
Located Off-Street. All parking and loading facilities required by this Chapter shall be provided off-street and shall not be located within any public street, sidewalk, alley, or parkway, unless expressly allowed by other provisions of this Title.
D. 
Unimproved Areas. Portions of a parking area not improved for parking or loading facilities or needed for vehicular circulation shall be landscaped in compliance with plans approved by the City.
E. 
Nonrequired Parking. Where off-street parking space(s) are provided but not required by this Chapter, such parking spaces shall comply with the standards specified for required parking spaces.
F. 
Maintenance. All off-street parking facilities shall be maintained at all times in a clean, orderly, and safe condition.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011)

§ 17.320.020 Number of Parking Spaces Required.

Each use shall provide at least the minimum number of parking spaces required by this Section.
A. 
Parking Requirements by Land Use. Each land use shall be provided the number of parking spaces required by Table 3-5, Parking Requirements by Land Use, except where a greater number of spaces are required through a Conditional Use Permit or other permit approval.
B. 
Basis for Calculations. In any case where Table 3-5 establishes a parking requirement based on the floor area of a use in a specified number of square feet (e.g., 1 space per 350 square feet), the floor area shall be construed to mean gross floor area. Where any fractional number of parking spaces is required for residential uses, only the fractional number shall be rounded up to the next whole number.
C. 
Multitenant Sites. In the case of mixed uses or occupancies, the total number of required off-street parking spaces shall be the sum of the number required for each use, except that:
1. 
Offices, retail businesses, and eating and drinking establishments businesses within a retail shopping center shall comply with the parking space requirements for the shopping center as a whole as provided in Table 3-5.
2. 
The site qualifies for shared parking in compliance with Section 17.320.025(B), Shared Parking.
D. 
Nonresidential Change of Use, Expansion of Structure
1. 
When the use of a structure changes to a use that is required by Table 3-5 to have the same number of parking spaces as the immediately previous use, no additional parking spaces shall be required for the new use, provided that the previous use was legally established and the number of spaces has not decreased.
2. 
When the floor area of an existing structure is increased, additional parking spaces shall be provided on-site as required by this Chapter for the additional floor area.
3. 
When a change in use requires more off-street parking than the previous use, additional parking spaces shall be provided equivalent to the difference between the number of spaces required by this Chapter for the immediately previous use and the total number required by the new use.
E. 
Uses Not Listed. Parking for land uses not specifically listed in Table 3-5 shall be provided based on the most similar use in the table as determined by the Director.
F. 
Bench, Pew, or Bleacher Seating. Where fixed seating is provided in the form of benches, pews, or bleachers, a seat shall be construed to be not less than 18 inches of continuous bench space for the purpose of calculating the number of required parking spaces.
Table 3-5
Parking Requirements by Land Use
Land Use
Required Parking Spaces
Residential
Accessory dwelling units
See Section 17.400.135
Boardinghouses, lodging houses, fraternity or sorority houses, student dormitories, student housing facilities
1 parking space for every 2 guest rooms, dwelling units, or living units
Emergency shelter facilities
1 parking space for each staff member , plus 1 parking space for each 5 beds and ½ space for each room designated for families with children
Multifamily dwellings (two or more units)
For units with 1 or fewer bedrooms (bachelor) – 1 enclosed garage space per unit and 0.5 off-street, open parking space per unit
For units with 2 bedrooms – 1 enclosed garage space per unit and 1 off-street, open parking space per unit
For units with 3 or more bedrooms – 2 enclosed garage spaces per unit and 0.5 off-street, open parking spaces per unit
Residential care facilities
6 or fewer residents – as required for the type of dwelling
7 or more residents – 1 parking space for every 3 patient beds
Single-family dwellings in any residential district
For dwellings with 4 or fewer bedrooms – two-car enclosed garage having minimum interior dimensions of 20 feet in width and 20 feet in depth
For dwellings with 5 or more bedrooms – 3 enclosed garage spaces with minimum interior dimensions of 10 feet by 20 feet (for each space) and 3 open parking spaces with minimum dimensions of 9 feet by 19 feet
Commercial
Animal boarding and kennels
1 parking space per 350 square feet of indoor use area, plus 1 space per 1,000 square feet of outdoor use area
Banks and financial services and medical offices
1 parking space per 200 square feet of gross floor area, or major fraction thereof, except that within a retail shopping center, the parking standards for retail shopping centers shall apply
Business and professional offices, public or private utility offices
1 parking space for every 200 square feet, or major fraction thereof, of gross floor area of the story containing the greatest square footage; and 1 parking space for every 500 square feet, or major fraction thereof, of gross floor area of all other stories. If single story, 1 parking space for every 200 square feet shall be provided. If within a retail shopping center, the parking standards for retail shopping centers shall apply
Cemeteries
1 parking space for every 3 persons employed; 1 parking space for every 3 seats in any church chapel; and 1 parking space for every 350 square feet of floor space used for retail sales of services or commodities
Child day care center
3 parking spaces, plus 1 parking space for every 6 children in attendance
Hotels and motels
2 parking spaces plus 1 per room
Plant nurseries
5 parking spaces, plus 1 additional parking space for every 250 square feet, or major fraction thereof, of building floor area, excluding lath and greenhouses
Retail and service uses, general stand alone
1 space per 250 square feet, or major fraction thereof, of gross floor area
Retail shopping centers up to 100,000 square feet
1 space per 250 square feet, or major fraction thereof, of gross floor area
Retail shopping centers above 100,000 square feet
1 space per 300 square feet, or major fraction thereof, of gross floor area
Veterinary clinics
1 space per 200 square feet, or major fraction thereof, of gross floor area
Eating and Drinking Establishments
Bars, night clubs
Entertainment, including bar, cocktail lounge, and night club: 1 space for every 100 square feet of gross floor area, plus 1 space per every 30 square feet of dance floor area. Outdoor service areas shall be based on Outdoor dining standards
Freestanding restaurants offering patron seating, not part of a retail shopping center
1 parking space for every 100 square feet, or major fraction thereof, of gross floor area
Outdoor dining
No additional parking is required for outdoor dining area (open-air dining) no greater than 25% of the gross floor area of the enclosed restaurant or 1,000 square feet, whichever is smaller. In cases where the outdoor seating area is more than 25% of the gross floor (or 1,000 square feet, whichever is smaller) area of the enclosed restaurant area, the portion of outdoor seating area exceeding 25% (or 1,000 square feet, whichever is smaller) of the gross floor area of the enclosed restaurant shall be calculated at one parking space per 100 square feet of the gross outdoor dining floor area. The allowance for outdoor dining shall not be applicable to any establishment offering a total of 12 or fewer seats, inclusive of all seating located indoors and within an outdoor dining/seating area
Restaurants offering patron seating (13 or more seats) within retail shopping centers
For retail centers up to 100,000 sf:
20% of the gross floor area of such retail shopping center may be allocated to retail food and beverage service businesses at 1 parking space for every 250 square feet, or major fraction thereof, of gross floor area
For that portion of all restaurant floor area exceeding 20% of the total shopping center floor area: 1 parking space per 100 square feet, or major fraction thereof, of gross floor area
For retail centers over 100,000 sf:
25% of the gross floor area of such retail shopping center may be allocated to retail food and beverage service businesses at 1 parking space for every 300 square feet, or major fraction thereof, of gross floor area
For that portion of all restaurant floor area exceeding 25% of the total shopping center floor area: 1 parking space per 100 square feet, or major fraction thereof, of gross floor area
Take-out, restaurants and cafés, offering no seats or tables or offering 12 or fewer seats, inclusive of all indoor and outdoor seating
Parking requirement covered under the general requirements for shopping centers or 1 parking space for every 250 square feet or major fraction thereof of gross floor area if stand alone
Vehicle Sales
Automobile dealership
1 space for each 2,000 square feet of lot and building area used for the display or storage of automobiles exclusive of aisles and turning areas, plus 1 space for each 1.5 employees during the time of maximum work shift
Motorcycle dealership
1 space for each 400 square feet of gross floor area
Vehicle Services
Carwash – self service (unattended)
2 spaces per every washing stall (for queuing and drying)
Carwash – full service
10 spaces; plus 10-space queuing area for drying of vehicles; plus queuing area for 3 vehicles ahead of each wash lane
Carwash – automated, accessory to service station
4 spaces plus queuing area for 3 vehicles ahead of the wash lane (in addition to the parking required for fueling station)
Service stations (with/without convenience store)
1 space per 250 square feet, or major fraction thereof, of gross floor area
Maintenance, repair, installation, and detailing
1 space for every 250 square feet of gross floor area
Recreation, Education and Public Assembly
Assembly uses, places of worship, clubs, mortuaries with congregational services, meeting halls, membership organizations, sports arenas, stadiums, and theaters
1 parking space for every 4 permanent seats in the principal assembly area or room. Where no permanent seats are provided, 1 parking space for every 100 square feet of floor area in the principal assembly room
Commercial recreation activities:
Outdoor recreation facilities
As determined by a Conditional Use Permit or comprehensive plan
Tennis, racquetball, handball, or other courts
2 parking spaces per court, plus 1 parking space per 300 square feet for ancillary uses
Health/fitness facilities
1 parking space per 250 square feet
Indoor amusement/entertainment facilities:
Arcades
1 parking space per 250 square feet
Batting cages
2 parking spaces per cage
Bowling alleys
5 parking spaces per lane, plus required spaces for ancillary uses
Pool and billiard rooms
1 parking space per 250 square feet
Schools:
Elementary and junior high schools
2 parking spaces for every classroom; additional parking for auditoriums and stadiums shall not be required
High schools
10 parking spaces for every classroom; additional parking for auditoriums and stadiums shall not be required
Colleges, junior colleges, and universities
15 parking spaces for every classroom, additional parking for auditoriums and stadiums shall not be required
Studios for dance, art, music, photography, martial arts, etc.
1 space per 250 square feet of gross floor area
Industrial, Manufacturing and Processing
Industrial & manufacturing establishments
1 parking space for every 400 square feet (may include office space [incidental to the primary use] comprising up to 25 percent of the total floor area), or major fraction thereof, of gross floor area
Laundries and dry cleaning plants
1 space per 250 square feet
Outdoor sales, equipment rental yards, display or storage garage
5 parking spaces, plus 1 parking space for every 500 square feet, or major fraction thereof, of gross floor area
Warehousing and distribution facilities
1 space per 1,000 square feet (may include office space [incidental to the primary use] comprising up to 10 percent of the total floor area), or major fraction thereof, of gross floor area
Warehouses and storage buildings
1 parking space for every 1,000 square feet, or major fraction thereof, of gross floor area
(Ord. 2456 § 2, 2010; Ord. 2473 § 2, 2011; Ord. 2474 § 2, 2011; Ord. 2478 § 2, 2011; Ord. 2479 § 2, 2011; Ord. 2504 § 3, 2013; Ord. 2506 § 5, 2013; Ord. 2507 § 4, 2013; Ord. 2522 § 2, 2015; Ord. 2549 § 3, 2018; Ord. 2580U § 7, 2022)

§ 17.320.025 Alternative Parking Provisions.

Where conditions preclude the provision of the number of required parking spaces on the lot for which the parking is required, the following procedures for alternative parking are available, subject to City approval.
A. 
Off-Site Parking. The use of off-site parking to satisfy the requirements outlined in Table 3-5 shall be provided in compliance with the following standards.
1. 
Location. Off-street parking on an adjacent lot used in conjunction with said uses shall be located within 300 feet of the entrance of the primary building(s).
2. 
Terms of off-site parking. A City-approved covenant shall be recorded that includes a description of the off-site parking, a requirement that the owner of the separated lot maintain the required parking for the life of the use to which it is covenanted, and a provision for liquidated damages for violations of the conditions of approval.
3. 
Loss of off-site spaces.
a. 
Notification to the City. The owner or operator of a business that uses approved off-site space to satisfy the parking requirements of this Chapter shall immediately notify the Director of any change of ownership or use of the property for which the spaces are required, and of any termination or default of the agreement between the parties.
b. 
Effect of termination of agreement. Upon notification that a lease for required off-site parking has terminated, the Director shall determine a reasonable time in which one of the following shall occur:
i. 
Substitute parking is provided that is acceptable to the Director; or
ii. 
The size or capacity of the use is reduced in proportion to the parking spaces lost.
B. 
Shared Parking. Two or more nonresidential uses shall be allowed to meet the parking requirements of this Chapter by sharing the same off-street parking facilities, subject to the approval of an Administrative Use Permit and the following conditions:
1. 
The shared parking spaces may be located on the same parcel or two or more parcels;
2. 
A parking demand study prepared by a licensed traffic engineer and approved by the Director is submitted which finds that:
a. 
The uses which are proposed to be served by the parking have traffic-generation characteristics that justify the expectation that adequate parking will be available, or
b. 
That the characteristics and proximities of the businesses are such that multiple-destination trips would be expected to occur, which would reduce the number of spaces required; and
3. 
All parties to a shared parking arrangement granted under this Section, shall enter into a covenant with the City which shall be recorded in the Office of the County Clerk/Recorder. This covenant shall bind this parking arrangement until such time that it can be demonstrated, to the satisfaction of the Director, that other off-street parking has been provided in compliance with the Westminster Municipal Code requirements, or that the use that necessitated the arrangement has ceased or has been altered so as to no longer require the recorded off-street parking.
(Ord. 2456 § 2, 2010)

§ 17.320.030 Parking Design and Layout Standards and Guidelines.

A. 
Access to Parking Areas and Parking Spaces. All commercial, industrial, and residential off-street parking spaces shall have access to a public street or alley, and shall be located in parking facilities that are provided with safe internal circulation, entrances, exits, drives, and aisles consistent with City standards.
B. 
Parking Space and Lot Dimensions
1. 
Parking spaces.
a. 
Residential parking spaces. Parking spaces within garages (for up to 3 cars) shall have minimum interior dimensions of 10 feet in width by 20 feet in length for each vehicle. For garages with parking spaces for more than 3 cars each parking space shall have a minimum interior dimension of 9 feet in width by 18 feet in length for each vehicle[1]. No affixed obstructions, such as, but not limited to, water heaters, washers and dryers, sinks, and furnaces/airconditioning units shall intrude on these designated parking areas. For garages, the measurement shall be from the face of the interior walls, not including structural supports.
-Image-17.tif
Figure 3-5 Residential Garage and Driveway Parking Dimensions
[1]
A space, the side of which is against a building, wall or fence must be no less than 11 feet in width.
2. 
Surface parking lots and parking structures. Minimum dimension of 9 feet wide and 18 feet deep for commercial, industrial and residential uses. Compact spaces are not permitted.
3. 
Driveway and site access standards. Drive aisles within parking areas shall be designed and constructed in compliance with the following standards:
a. 
Aisle width. The standards for the width, length, area, general design characteristics, and improvements of parking facilities, aisles, drives, entrances, and exits are hereby declared to be matters of a technical nature requiring periodic review based upon changes in motor vehicle size, operation, and design. For this reason, said standards shall be adopted by minute action of the City Council. All such standards shall be complied with as though listed verbatim herein.
b. 
Visibility. Drive aisles shall be designed and located so that adequate visibility is ensured for pedestrians, bicyclists, and motorists when entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility. Landscaping adjacent to a driveway and the walls of a building shall be designed not to interfere with motorists' views of the sidewalk and pedestrians' views of vehicles exiting the project.
C. 
Curbing and Wheel Stops
1. 
Parking areas shall be separated from buildings by either a raised concrete walkway or landscaped strip. Parking shall be separated from adjacent landscaping with a continuous concrete curb, at least 6 inches high and 6 inches wide, which may function as a wheel stop.
2. 
In areas where vehicles will overhang the landscape planters, an additional 2 feet of planter area shall be required. This area shall be planted with low ground cover that is not likely to be damaged by vehicles. See Figure 3-4, Bumper-Overhang Area, for illustration.
3. 
All off-street parking spaces shall have wheelstops, not less than 6 inches in height and 6 inches wide, erected at least 2-1/2 feet from any building wall, fence, property line, walkway or parking space. Wheel stops or curbs are not required when two parking spaces are contiguous at the width ("head to head"). Alternative barrier designs to protect planted areas may be approved by the Director.
D. 
Landscaping. Parking area landscaping shall be provided in compliance with Chapter 17.310, Landscaping.
E. 
Lighting. Parking areas within nonresidential areas shall have lighting that provides adequate illumination for security and safety. All illumination, including security lighting, shall be directed downward, away from adjacent properties and public rights-of-way. Lighting locations shall take into account the location and expected mature characteristics of on-site landscape materials.
F. 
Directional Areas and Signs
1. 
Striping.
a. 
Parking spaces, aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles.
b. 
All off-street parking spaces shall be outlined by white stripes painted on the surface area, not less than 4 inches wide, or by other means approved by the Director; and marked entrances, exits, aisles, and such other safety devices as may be required to ensure safe movement of vehicles shall be required.
2. 
Traffic signs. The Director may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient ingress and egress and circulation of vehicles in a parking facility.
G. 
Surfacing
1. 
Driveways and turning and maneuvering areas shall be paved with not less than 2-1/2 inches of asphalt, or an equivalent surfacing meeting City standards and specifications, and shall be maintained in good repair.
2. 
Alternative surfaces for parking and loading areas may be approved by the Community Development Director and Public Works Director, provided that the material used meets aesthetic standards as determined by the Community Development Director, and improves drainage and permeability.
H. 
Interior Parking Clearance. Parking spaces within an enclosed building shall be provided with safe entrances and exits, turning and maneuvering areas, vertical clearance and driveways that comply with City standards and specifications.
I. 
Special Parking Requirements for Residential Uses
1. 
Parking spaces shall be conveniently located near the dwelling units they serve, and in no case shall they be more than 100 feet from an entrance to the building.
2. 
Covered parking.
a. 
In the R1 zoning district, all parking required to serve the primary residence shall be fully covered within a garage.
b. 
In the R1 zone, carports or coverings may be permitted only in addition to the minimum number of garage spaces required by this Title and subject to the R1 zoning district development standards outlined in Table 3-5, Parking Requirements by Land Use.
3. 
Guest parking. Guest parking for multiple-family residential uses shall be designated and restricted for the exclusive use of the guests with appropriate signs and pavement markings.
4. 
Location. Parking spaces shall be located only in garages, carports, parking structures, and in areas identified and approved for guest parking.
5. 
SB 9 two-unit housing developments. Notwithstanding subsections 2, 3, and 4 above, required and non-required parking for property in the R1 zoning district developed with an SB 9 two-unit housing development may be provided within an enclosed garage, carport, as open spaces, or in a tandem configuration so long as the tandem spaces (one vehicle parked behind another vehicle) are designated for the same unit.
J. 
Parking Standards for Recreational Vehicles in the R1 Zoning District. A recreational vehicle not exceeding 13 feet 6 inches in height, or the maximum height for such vehicles as allowed by the State of California, may be parked within the rear yard of an R1-zoned lot developed with a single-family home, with no time restrictions for recreational vehicle parking applicable. Under no circumstances shall the recreational vehicle be used for living or sleeping quarters when parked on an R1-zoned lot.
1. 
The storage of one recreational vehicle per R1 zoning district lot within the 20-foot front yard setback and/or within the unfenced street side-yard setback for more than 72 hours consecutively is permitted, provided that all of the following standards and criteria are satisfied:
a. 
A recreational vehicle may be stored in a front yard setback only between the main driveway to the required garage and the nearest side property line.
b. 
A recreational vehicle may be stored within the required side yard setback adjacent to a public street only if such storage meets the requirements of this Section.
c. 
A recreational vehicle shall be stored only on a permanent pad such as concrete slab, asphalt, or other all-weather durable paved surface sufficient in size to accommodate the entire length and width of the recreational vehicle and the area necessary to maneuver the recreational vehicle into the storage location without driving over the public curb or landscape area.
d. 
A recreational vehicle shall not block vehicular access to the required 2- or 3-car garage.
e. 
A recreational vehicle shall not overhang into the public right-of-way or onto a neighbor's property.
f. 
A recreational vehicle shall be stored so that access of a minimum of 32-inch clearance is provided to required side and rear yards.
g. 
A recreational vehicle shall not block emergency access to or from the residence access or restrict light and air to the subject or surrounding residences.
h. 
A recreational vehicle storage area shall comply with all standard City public works requirements, including, but not limited to, those related to the design of the curb, gutter, and drive approach for access.
i. 
The storage area shall be used exclusively for the storage of the recreational vehicle and shall be kept free of any trash or debris.
j. 
Nothing in this Section shall be construed to allow the storage of inoperable recreational vehicles in the R1 zoning district. For the purposes of this Section, an inoperable vehicle is one that is not capable of moving or operating as it typically would if it were not in need of repair.
k. 
A recreational vehicle shall not be parked or stored within the minimum interior side yard setback.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011; Ord. 2580U § 8, 2022)

§ 17.320.035 Bicycle Parking.

Bicycle parking shall be provided for all multifamily projects and nonresidential uses in compliance with this Section.
A. 
Number of Bicycle Spaces Required
1. 
Multifamily projects shall provide bicycle parking spaces equal to a minimum of 10 percent of the required vehicle spaces, unless a separate secured garage space is provided for each unit. The bicycle spaces shall be distributed throughout the project to the extent feasible.
2. 
Retail commercial uses shall provide bicycle parking spaces equal to a minimum of 5 percent of the required vehicle spaces, and shall be distributed to conveniently serve customers and employees of the project.
3. 
Other nonresidential uses providing employment shall provide bicycle parking spaces equal to a minimum of 5 percent of the required vehicle spaces, and shall be distributed to conveniently serve employees and visitors to the project.
4. 
Where the provisions of this Section conflict with the provisions of Section 17.400.165, Transportation Demand Management, the provision requiring the greater number of bicycle parking facilities shall prevail.
B. 
Bicycle Parking Design—Parking Equipment. Each bicycle parking space shall include a stationary parking device to adequately secure the bicycle, as approved by the Director.
(Ord. 2456 § 2, 2010)

§ 17.320.040 Loading Area Requirements.

A. 
Standards for Loading Areas. Off-street loading areas shall be provided as shown in Table 3-6. Loading areas shall be dimensioned to accommodate the largest truck expected to make deliveries to the tenant, and shall be positioned on the property in a manner that does not cause the truck to encroach into drive aisles, parking spaces, pedestrian ways, or other exclusive areas.
Table 3-6
Off-Street Loading Area Requirements
Tenant Use Area in Square Feet
Number of Bays Required
Less than 10,000
0
10,000–30,000
1
30,001–60,000
2
60,001–100,000
3
100,001–150,000
4
Every additional 50,000 beyond 150,000
1
B. 
Design Standards for Loading Areas. Loading areas shall be provided in the following manner:
1. 
Access. Each loading area shall be accessible from a street or alley, or from an on-site drive connecting with a street or alley. Such access may be combined with access to a parking lot if located so that loading activities do not obstruct normal on-site parking and traffic flow.
2. 
Lighting. Loading areas shall provide lighting for security and safety purposes. All illumination shall be directed away from adjoining properties to prevent light spillage.
3. 
Loading ramps/docks. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances.
4. 
Location. Loading areas shall be located as follows:
a. 
As near as possible to building openings providing loading access;
b. 
Situated to avoid adverse impacts upon neighboring properties;
c. 
Loading areas shall be set back a minimum of 25 feet from any residential district, and shall be sound buffered to the maximum extent feasible;
d. 
Loading spaces shall be located to ensure that all vehicular turning maneuvers occur on-site.
5. 
Screening. Loading areas shall be screened so that they are not visible from street frontages or any freeway corridor. A solid masonry wall shall be provided and designed to screen the loading area and mitigate noise impacts.
6. 
Identification. Loading areas shall be striped and signed to indicate that the loading areas are for "Loading Only."
C. 
Loading Areas for Food Markets. Loading areas required for food markets are provided in Article 4.
(Ord. 2456 § 2, 2010)

§ 17.330.005 Purpose.

This Chapter provides a comprehensive system for the regulation of signs in the City. Sign regulation is enacted to serve the interests of community aesthetics and vehicular and pedestrian safety; to protect and preserve property values; and to improve the visual environment of the City so as to promote commerce, investment, tourism, and visitation, and the overall quality of life for persons living in, doing business in, or visiting the City. The provisions of this Chapter are also intended to promote the public health, safety, and general welfare of persons driving, parking, biking, walking, or residing or conducting business within the City, by reducing visual distractions to motorists and by making signs and advertising displays more attractive, aesthetically pleasing, and effective.
Signs are especially an important part of any commercial district. They help customers find the stores for which they are looking. Signs are primarily identifiers; it should not be their purpose to advertise. When too many signs are located along a street, they create unattractive clutter, they compete with one another, and their effectiveness as identifiers is therefore greatly reduced. It is the intent of the sign regulations provided herein to provide each business in the City with the opportunity to erect a fair and adequate amount of signage that will achieve the stated purposes.
The regulations of this Chapter are not intended to permit any violations of the provisions of any other lawful ordinance, or to prohibit the use of any sign required by any law superior to that of this Title.
A. 
Regulatory Interpretations. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited nor restricted by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the Uniform Building Code, then the Director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter. Architectural compatibility shall be analyzed on the basis of size, location, color, construction materials, and design of the sign structure, without consideration of the message to be displayed on a sign, other than the distinction between on-site and off-site commercial messages.
B. 
Discretionary Approvals. Whenever a sign or proposed sign is subject to any discretionary approval process, including but not limited to, a variance, Conditional Use Permit, or Administrative Use Permit, then no consideration will be given to sign copy or message to be displayed, other than a determination as to whether the message will constitute off-site commercial copy. This principle applies equally at all levels of approval, from the Director to the Council.
C. 
Noncommunicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, and so forth, stand enforceable independently of any permit or approval process.
(Ord. 2456 § 2, 2010)

§ 17.330.010 Applicability.

A. 
Signs Regulated. The sign standards provided in this Chapter shall apply to all signs in all zoning districts. A sign may be erected, placed, established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions and other requirements of this Chapter. All signs shall also comply with the City of Westminster Design Guidelines Manual.
B. 
Applicability to Sign Content. The provisions of this Chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial.
C. 
Definitions. Definitions of specific types of signs and other terms used in this Chapter are contained in Article 7, Definitions.
(Ord. 2456 § 2, 2010)

§ 17.330.015 English-Language Identification.

For public safety considerations, where the message provided on a wall sign is in a language other than English, the business shall provide upon said sign English language identification in the form of the business name and/or the street address.
(Ord. 2456 § 2, 2010)

§ 17.330.020 Area and Height Computation.

The following principles shall control computation of sign area and height:
A. 
Computation of Area of Individual Signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed based upon a single geometric shape (square, rectangle, oval, etc.) that forms the perimeter (outer edge) of all the text and/or graphics of a sign and not around individual lines or groupings of sign text and/or graphics. In this manner, can-type signs and signs affixed to a wall without a clear border are treated similarly.
B. 
Computation of Area of Multifaced Signs. The sign area for a sign with more than one face shall be computed by calculating the area of a single geometric shape that will include all sign faces visible from any one point and that will produce the largest square footage. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 48 inches apart, the sign area shall be computed by the measurement of one of the faces.
C. 
Computation of Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases where the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street. See Figure 3-7 for illustration of sign height measurement.
-Image-18.tif
Figure 3-7 Sign-Height Measurement
D. 
Computation of Maximum Total Permitted Sign Area per Lot. The permitted sum of the area of all individual signs on a lot shall be computed by applying the formula contained in Table 3-9 to the lot frontage, building frontage, or wall area, as appropriate, for the zoning district in which the lot is located.
E. 
Administrative Adjustment to the Area and Height Computation. The Director may permit an increase to the maximum allowed sign area or height restrictions, not to exceed 10 percent of the maximum allowed area or height, when the following findings can be made:
1. 
The proposed adjustment is consistent with the goals, policies, and programs of the Westminster General Plan;
2. 
The proposed adjustment will not create a safety hazard and will fully comply with the building code as adopted by the City;
3. 
The proposed adjustment will not result in an adverse impact on the surrounding properties and the community.
(Ord. 2456 § 2, 2010)

§ 17.330.025 Temporary Signs.

A. 
Permitted Types. Permitted temporary signs on private property include:
Banners
Pennants
Flags
"Future Development" signs
Tract directional signs
Commercial "for rent" or "for lease" signs
Political signs
Please refer to Article 7 for definitions of temporary signs.
B. 
General Requirements. Temporary signs on private property shall be allowed only upon issuance of a temporary sign permit, which shall be subject to the following requirements:
1. 
Term and general standards. A temporary sign permit shall allow the use of a temporary sign in accordance with the following terms and standards:
a. 
Banners, pennants, and flags. Not to exceed 60 days during any calendar year. A temporary sign permit shall expire on December 31 of the year in which it is issued. There shall be no carry-over of unused term allotment into the succeeding year. Only one 60-day temporary sign-use period within any calendar year shall be allowed for each business premises and the 60-day period may be divided into no more than 2 display periods within any calendar year. The minimum period between display periods is 30 days. However, a business subject to a Grand Opening permit per Section 17.540.050 shall be entitled to the use of a temporary sign for up to 90 days. A single temporary banner, pennant, or flag permit may be issued and a single fee paid for multiple display periods not to exceed a total of 60 days during the calendar year, if the dates of the display periods and the message to be displayed during each period are known and are shown on the permit. If the dates of the additional display periods and the message to be displayed are not shown on the permit, then additional permits and fees will be required for any subsequent display periods. Refer to Table 3-11 and Section 17.330.085.B.7 for banner provisions.
b. 
Future development. Not to exceed 180 days during the first permit period, and not to exceed 90 days for any subsequent periods, provided that a finding can be made that there is diligent progress on the development. No temporary sign permit for future development shall be issued until all preliminary development approvals have been received, except that grading or construction permits need not be issued. Future development signs shall be removed upon issuance of a certificate of occupancy for the development, notwithstanding any time remaining on the permit. Renewal fees for a future development sign shall be one-half the original issuance fee. A future development sign shall not exceed an area of 40 square feet per sign face and an overall height of 10 feet. Such sign may be constructed of wood or metal or both. Not more than one such sign per 500 feet of street frontage shall be permitted, set back at least 10 feet from the ultimate street right-of-way line. Such sign shall be nonilluminated. A V-shaped sign may be considered one sign, provided that the distance between the legs of the V as viewed from above the sign looking down does not exceed 4 feet and the property has a minimum frontage of 500 feet. Otherwise, a V-shaped sign shall be considered two signs.
c. 
Tract directional. Not to exceed 180 days during the first permit period, and not to exceed 90 days for any subsequent renewal periods, except that if the cumulative display periods exceed one year, any further sign permit extensions shall be granted by the Commission, subject to conditions of approval. Such sign shall be located on a lot other than the property where the residential subdivision is located, provided that the owner of such lot has given written permission for such display. A tract directional sign advertising a tract not located in the City is prohibited. A tract directional sign shall not be a future development sign. Renewal fees for a tract directional sign shall be one-half the original issuance fee. The development standards for a tract directional sign shall be the same as for a future development sign. A tract directional sign shall be located on an arterial street.
d. 
Commercial "for rent" or "for lease" sign. Not to exceed one year during the first permit period, and not to exceed 180 days for any subsequent renewal period, for a cumulative total of two years or upon the rental or lease of 90 percent of the space available in the development, whichever occurs first. Any extensions beyond two years shall be approved by the Commission. The development standards for a commercial "for rent" or "for lease" sign shall be the same as for a future development sign.
e. 
Political signs. All political signs shall be removed within 30 days after the election without leaving debris. Political signs shall only be located on private property with the permission of the property owner. All such signs shall maintain a setback of at least five feet from any public right-of-way. Political signs shall comply with all requirements of this Chapter applicable to temporary signs except that they shall not be required to obtain a permit from the City. A political sign with dimensions greater than three feet by three feet constructed of paper, vinyl, cloth, or plastic may be mounted to a light-weight framework of wood or metal to provide rigidity or support. A free-standing political sign with dimensions of three feet by three feet or larger, and mounted upon, attached to, or painted on a solid wood, plastic, metal or plaster sheet or backing may be erected in the City, provided that the sign has the proper depth of footings and is properly braced per the Uniform Building Code according to the design characteristics of such sign. A political sign shall not exceed 40 square feet in area.
2. 
Other conditions. Temporary signs shall be subject to the requirements outlined in Tables 3-8 and 3-11, except that political signs shall not be subject to the requirements outlined in Table 3-11.
(Ord. 2456 § 2, 2010; Ord. 2548 § 2, 2018)

§ 17.330.030 Exempt Signs.

The following signs shall be exempt from regulation under this Chapter:
A. 
Any public notice or warning required by a valid and applicable Federal, State, or local law, regulation, or ordinance.
B. 
Any sign located at least 3 feet inside a building, not attached to an exterior window or door, or within an enclosed mall.
C. 
Works of art that do not include a commercial message.
D. 
Holiday lights and decorations with no commercial message, but only during reasonable periods before and after recognized local, State, or national holidays.
(Ord. 2456 § 2, 2010)

§ 17.330.035 Signs in the Public Right-of-Way.

No signs shall be permitted in the public right-of-way, except as specified below. Any sign installed or placed on public property, except in conformance with the requirements of this Section, shall be forfeited to the public and subject to confiscation. In addition to other remedies herein, the City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. Signs allowed in the public right-of-way are:
A. 
Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate vehicular or pedestrian traffic;
B. 
Informational signs of a public utility regarding its poles, lines, pipes, or facilities;
C. 
Bus-stop signs or bus-stop structures erected or placed by a public transit company or private company franchised by a governmental body;
D. 
Signs placed by educational, philanthropic, religious, and public service organizations; and by hospitals, libraries, and museums, all subject to the requirements and approval of the City Engineer;
E. 
Projecting signs, subject to the requirements of Tables 3-8, 3-9 and 3-11, as applicable thereto;
F. 
Warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized work or permitted work within the public right-of-way;
G. 
Electronic billboards permitted under Section 17.330.090, where the billboard projects over the width of any street, highway, public sidewalk, or other public right-of-way, provided that the applicant secures an encroachment permit, easement, or other required written permission from the City or appropriate governing agency.
(Ord. 2456 § 2, 2010; Ord. 2618, 4/9/2025

§ 17.330.040 Prohibited Signs.

All signs that are not expressly permitted under this Chapter, or are not exempt from regulation herein in accordance with Section 17.330.030, or are subject to the special provisions of Section 17.330.050, or that do not possess a special advertising privilege permit in accordance with Section 17.330.055, are prohibited in the City. Such signs include, but are not limited to:
A. 
Beacons;
B. 
Strings of lights;
C. 
Inflatable signs and balloons;
D. 
Moving or flashing signs;
E. 
Roof signs (but not integral roof signs);
F. 
Painted signs other than on carved wood or for temporary window display;
G. 
Abandoned signs advertising goods or services no longer available on the lot where the sign is located because such business has ceased for a period of 90 days or more;
H. 
Off-premises tract directional signs advertising land development projects outside the City;
I. 
Off-premises tract directional signs advertising land development projects within the City, except as permitted by Section 17.330.025;
J. 
Portable signs;
K. 
Faded, deteriorated, or damaged signs;
L. 
Any new or renovated sign not approved by the City;
M. 
Changeable message technology, except as provided in Section 17.330.050.C and any other applicable provisions of this Chapter.
(Ord. 2456 § 2, 2010)

§ 17.330.045 Master Sign Plans.

A. 
Requirement. A master sign plan shall be required for any of the following:
1. 
Multitenant developments of three or more separate businesses that either occupy the same building or lot, or share common access and parking facilities;
2. 
Whenever five or more signs are proposed for a development, whether for single or multiple tenants;
3. 
Whenever wall signs are proposed on multitenant buildings over one story in height, and having a shared building entry.
B. 
General Procedures. The following procedures shall govern the submission and approval of master sign plans:
1. 
Application. All applications for master sign plans shall be submitted as specified in Chapter 17.520.
2. 
Fees. Each application for a master sign plan shall be accompanied by applicable fees, which shall be established from time to time by Council resolution.
(Ord. 2456 § 2, 2010)

§ 17.330.050 Special Provisions.

Special provisions shall apply to the following uses and said uses shall be exempt from any other regulation of this Chapter that conflicts with this Section to the extent of such conflict and no further.
A. 
Automobile Dealerships, New and Used. In addition to any permitted permanent signs, automobile dealerships shall be permitted to display nonmetallic helium balloons 18 inches in diameter or less on the weekends (Friday 9:00 a.m. through Sunday 12:00 a.m.), and on legal holidays (9:00 a.m. on the day preceding the holiday through 12:00 a.m. on the day of the holiday, unless the holiday contains a weekend, in which case the display shall cease at 12:00 a.m. on Sunday or the last day of the holiday period, whichever occurs last), provided that they do not project over the public right-of-way, do not exceed an overall altitude above the ground of 30 feet or create a public nuisance. The use of large (over 18 inches in diameter) non-helium inflatable advertising devices (including cold-air balloons) shall be subject to Commission review at a non-public hearing. All such large non-helium inflatables shall be affixed to the ground or the roof of a building, and shall be limited to 12 weekends or holidays per calendar year. Automobile dealerships shall be permitted to display pennants, flags, and temporary signs of a uniform design affixed to light standards within the property limits, and car-top signs throughout the year. Banners shall be limited to 90 days of display per calendar year, upon approval of a temporary sign permit. All components of an advertising display shall be maintained in good condition and shall not be permitted to become unsightly or a public nuisance.
B. 
Apartment Complexes, 16 Units or More. In addition to any permitted permanent signs, apartment complexes containing at least 16 units may be permitted to display flags and banners advertising apartments for rent or lease subject to Commission review at a non-public hearing. Approval may be granted by the Commission for up to one year, renewable annually, with the exception of banners, which shall be limited to 110 days per year. Pennants are prohibited. Displays shall comply with the following requirements:
1. 
There shall be no more than one flag pole for every 30 lineal feet of frontage on a public street. The pole shall be located behind the property line. Additional poles, as approved by the Commission, may be placed along either side of the main walkway(s) leading to the main entrance(s) of the apartment complex.
2. 
Flag poles shall not exceed a height of 20 feet, and shall be placed in a vertical orientation. No flag pole shall encroach into the public right-of-way in any manner.
3. 
Flags shall only be attached to flag poles and shall not exceed a maximum of 24 square feet in size. Flags shall have a consistent color scheme and design. Only one flag per pole shall be permitted.
4. 
Banners shall be affixed to the building face or attached between two flag poles. Banners shall be limited to two per property. Banners shall not exceed a maximum size of 24 square feet, with no dimension measuring greater than eight feet. Banner colors shall have a consistent color scheme and design and be complimentary to buildings. Banners may be displayed from 3:00 p.m. Friday through 6:00 p.m. Sunday.
5. 
All flags and banners shall be maintained in good condition and shall be immediately replaced if they become dirty, faded, torn or detached from their anchor points.
C. 
Signs on Existing Buildings Undergoing a Renovation. Whenever a building renovation program is being proposed, consideration should also be given to the development of a new sign program.
1. 
When 50% or more of existing signs in a development are going to be replaced, the remainder of the signs shall also be replaced at the same time in accordance with an approved sign program.
2. 
Within multiple tenant centers, as signs are replaced they shall be brought into conformance with the standards established in this Title and the City's adopted Design Guidelines Manual. When 50% of the tenant signs have been replaced, the remainder of the signs shall also be brought into conformance with the standards established in this Title and the City's adopted Design Guidelines Manual.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012; Ord. 2618, 4/9/2025

§ 17.330.055 Special Advertising Permit.

A. 
General Provisions. A special-advertising permit may be granted to a business or use by the Commission pursuant to the provisions of Chapters 17.550, Conditional Use Permits, and 17.555, Administrative Adjustments and Variances, if two or more of the following circumstances are found to exist:
1. 
There are unique physical conditions pertaining to the business location that were not created by the applicant and are beyond the applicant's control, and which deprive the business or use of any reasonable ability to advertise its presence to the public.
2. 
There are no other physically feasible means of providing adequate signage for the site. Cost shall not be the determinant of feasibility.
3. 
The business is not located in a multitenant commercial or industrial development under one management.
4. 
The grant of the special advertising device will not be objectionable or potentially injurious to other property owners or tenants in the vicinity; will not be aesthetically incompatible with the surrounding area; will not constitute a traffic hazard by virtue of being unduly distracting due to motion or the appearance of motion, color, or design; will not encroach into the public right-of-way; and will not constitute a grant of a special privilege or right not afforded other property owners in the vicinity who are in the same zone district and are experiencing the same lack of adequate advertising opportunities.
5. 
The advertising display will be temporary but the proposed time period will be longer than the maximum allowed under a special event permit.
6. 
There are unique features or characteristics of the business or use that create special advertising needs that are not adequately addressed in this Chapter, such as automobile dealerships.
B. 
Sign Types. The following types of signs may be permitted either singly or in combination, as deemed appropriate and necessary by the Commission:
1. 
Inflatable devices of any type, nature, or description;
2. 
Off-premises business signs, provided that the advertising display advertise only the business or use requesting the special advertising device;
3. 
Portable signs;
4. 
Flags, pennants, or banners.
C. 
Sign Specifications. The Commission shall have the discretion to establish the following specifications for any sign approved as a special advertising device, except that no specification shall be greater than the minimum needed to address the special circumstances that the Commission finds to exist on the basis of substantial evidence:
1. 
Sign area;
2. 
Sign height;
3. 
Number of signs;
4. 
Location;
5. 
Design—Including, but not limited to, colors, materials, style, nature, size and content of the message, and lighting;
6. 
Type of sign(s);
7. 
Duration of display.
D. 
Commission Discretion. The Commission may call up any approval granted hereunder for review at any time and may modify or revoke the approval for sufficient cause after a duly noticed public hearing.
E. 
Other Conditions. The provisions of this Section shall apply solely to the circumstances listed under subsection A, and shall not substitute for the requirements of Chapter 17.555, Administrative Adjustments and Variances.
(Ord. 2456 § 2, 2010; amended during Supplement No. 20, 1/12)

§ 17.330.060 Nonconforming Signs.

Except as otherwise provided herein, the owner of any lot or other premises on which exists a sign that does not conform with the requirements of this Chapter or for which there is no current and valid sign permit shall be obligated to remove such sign or, in the case of a nonconforming sign, to bring it into conformity with the requirements of this Chapter.
A. 
Nonconforming Existing Signs and Terms. A sign that would be permitted under this Chapter, but which was in existence on the effective date of the ordinance adopting this Chapter, or on a later date when the property is annexed to the City, and that was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but that by reason of its size, height, location, design, or construction is not in conformance with the requirements of this Chapter, shall be issued a nonconforming-sign permit if an application is filed no later than 24 months from the effective date of the ordinance adopting this Chapter. For any sign on property annexed at a later date, applications for nonconforming-sign permits shall be submitted within 6 months of the effective date of the annexation or within such period as may be established in an annexation agreement between the City and the landowner. Signs that are the subject of applications received after the 24-month period stipulated above shall be subject to all of the terms and conditions of this Chapter and shall not be entitled to the protection of this Section.
A nonconforming-sign permit shall allow the sign(s) subject to such permit, which were made nonconforming by the adoption of this Chapter, to remain in place and be maintained for a period ending no later than 5 years from the date of issuance of the nonconforming sign permit, provided that no action is taken that increases the degree or extent of the nonconformity. Such signs are also subject to the provisions of subsection B of this Section. A nonconforming sign shall not be:
1. 
Changed to another nonconforming sign;
2. 
Structurally or electrically expanded or altered unless such alteration is to bring the sign into full conformance with all current provisions of this Chapter;
3. 
Relocated to another site on the same property;
4. 
Reestablished after discontinuance for 90 days or more;
5. 
Reestablished after damage or destruction of more than 50 percent of the value of the sign prior to said damage or destruction.
B. 
Lapse of Nonconforming Sign Permit. A nonconforming sign permit shall lapse and become void under the same circumstances as those under which any other sign permit may lapse and become void.
C. 
Sign Removal Required. A sign that was constructed, painted, installed, or maintained in conformance with a permit under this Section, but for which the permit has lapsed or not been renewed or for which the time allowed for the continuance of a nonconforming sign has expired, shall be forthwith removed without notice or action from the City.
D. 
Fees. Applications for permits for existing signs submitted before the expiration of the 24-month period set forth in subsection A shall be exempt from the initial fees adopted under authority of this Chapter, but not from any subsequent fees.
(Ord. 2456 § 2, 2010)

§ 17.330.065 Violations.

A. 
General Provisions. Any of the following shall be a violation of this Title and shall be subject to the enforcement remedies and penalties provided by this Chapter, by the City's Municipal Code, and by State law:
1. 
To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located;
2. 
To install, create, erect, or maintain any sign requiring a permit without such a permit;
3. 
To fail to remove any sign that is installed, created, erected, or maintained in violation of this Chapter, or for which the sign permit has lapsed; or
4. 
To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portion of this Chapter.
(Ord. 2456 § 2, 2010)

§ 17.330.070 Permits and Fees.

A. 
Required Fees. Each application for a sign permit under this Chapter shall be accompanied by applicable fees, which shall be established from time to time by resolution of the Council.
B. 
Exemptions. Notwithstanding the foregoing, nonprofit organizations located within the City that qualify as a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code (26 USCA Section 501(c)(3)), shall be specifically exempted from having to pay temporary banner-permit fees. The preceding exemption applies to banners alone, and the organizations shall still be required to obtain a temporary sign permit before a banner may be displayed.
(Ord. 2456 § 2, 2010)

§ 17.330.075 Enforcement and Remedies.

A. 
Any violation or attempted violation of this Chapter or of any condition or requirement adopted pursuant herein may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to State law. A violation of this Chapter shall be considered an infraction. The remedies of the City shall include the following:
1. 
Issuing a stop-work order for any and all work on any sign on the same lot;
2. 
Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity;
3. 
Imposing any penalties that can be imposed directly by the City under this Title;
4. 
Seeking in court the imposition of any penalties that can be imposed by such court under this Title;
5. 
In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the City under the applicable provisions of this Title and the Uniform Building Code for such circumstances;
6. 
In the case of an abandoned sign, as described in Section 17.330.040 of this Chapter, upon determining that a sign is abandoned, the City shall provide the property owner with written notice that said sign has been determined to be abandoned and furthermore, the property owner shall have 30 days to remove the sign. The property owner may appeal the determination of abandonment to the Director within 10 days of the date of the notice and may thereafter appeal the Director's determination, within 10 days of the date of such decision, to the City Manager. After the 30-day period, if no appeal has been filed and the sign has not been removed, said sign shall be in violation of this Chapter.
B. 
The City shall have such other remedies as are and as may from time to time be provided for or allowed by State law for the violation of this Title.
C. 
All such remedies provided herein shall be cumulative. To the extent that State law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
(Ord. 2456 § 2, 2010)

§ 17.330.080 Standards by Sign Type and Zoning District.

Only the signs and sign standards outlined in this Section shall be allowed unless otherwise expressly provided in Section 17.330.085, Standards for Specific Sign Types.
A. 
Sign Allowance. Signs shall be allowed on private property within the City in accordance with the provisions outlined in Table 3-8. Under no circumstances shall a sign be allowed unless it also conforms to the adopted design standards, and with the applicable requirements of Section 17.330.045. See Figure 3-8 for illustrations of sample sign types.
All signs denoted as P (permitted) in Table 3-8 shall only be allowed if:
1. 
The sign areas for all freestanding and building signs on the lot conforms with the maximum permitted sign area as determined by the formula for the zoning district in which the lot is located, as specified in Table 3-9; and
2. 
The size, location, and number of signs on the lot conform with the requirements of Tables 3-10 and 3-11, which establish permitted sign dimensions by sign type; and
3. 
The characteristics of the sign conform with the limitations outlined in Table 3-12.
The land use designations referenced in Tables 3-8, 3-9, 3-10 and 3-12 shall be as follows:
R1 – Residential, Single-Family
RM – Residential, Multiple (R2 to R5)
IN – Institutional, Semi-Institutional
C – Commercial and Mixed-Use
LS – Little Saigon District
CC – Civic Center District
I – Industrial Uses
PF – Public Facilities
V – Vacant Land
B. 
Permitted Sign Types and Required Standards. Tables 3-8 and 3-9 outline the permitted sign types and standards by zoning district.
Table 3-8
Permitted Signs by Type and Zoning District
Sign Type
R1
RM
IN1
PF
C
I
LS
CC
V
Freestanding
Monument
NP
P
P
P
P
P
P
P
NP
Pylon or pole sign11
NP
NP
P
P
P
P
P
P
NP
Incidental2
P
P
P
P
P
P
P
P
P
Billboard. electronic3
NP
NP
NP
NP
CUP
CUP
NP
NP
P
Billboard, static
NP
NP
NP
NP
NP
NP
NP
NP
NP
Building
Arcade
NP
NP
P
P
P
P
P
P
NP
Building marker 4
NP
P
P
P
P
P
P
P
NP
Can sign
NP
NP
NP
NP
NP
NP
NP
NP
NP
Canopy
NP
NP
NP
NP
P
P
P
P
NP
Identification5
P
P
P
P
P
P
P
P
NP
Incidental2
NP
P
P
P
P
P
P
P
NP
Marquee
NP
NP
NP
P
P
P
P
P
NP
Projecting 6
NP
NP
NP
P
P
P
P
P
NP
Roof, integral
NP
NP
P
P
P
P
P
P
NP
Suspended
NP
N
P
P
P
P
P
P
NP
Wall
NP
P
P
P
P
P
P
P
NP
Window
NP
NP
NP
NP
P
NP
P
P
NP
Miscellaneous
Banner7, 8
NP
P
P
P
P
P
P
P
NP
Flag7, 8, 9
P
P
P
P
P
P
P
P
NP
Pennant7, 8
P
P
P
P
P
P
P
P
NP
Temporary7
P
P
P
P
P
P
P
P
P
Special advertising privilege7
NP
NP
P
P
P
P
P
P
P
Inflatable device10
NP
NP
NP
NP
P
NP
NP
P
NP
Sign Characteristics
Animated
NP
NP
NP
NP
NP
NP
NP
NP
NP
Changeable copy
NP
NP
P
P
P
P
P
P
NP
Electronic message board12
NP
NP
AUP
AUP
CUP
NP
CUP
AUP
NP
Illumination, internal
NP
NP
P
P
P
P
P
P
NP
Illumination, external
NP
P
P
P
P
P
P
P
NP
Illumination, exposed bulb or neon
NP
NP
NP
NP
NP
N
NP
NP
NP
Inflatable
NP
NP
NP
NP
P
NP
NP
P
NP
Notes:
P = Permitted; NP = Not Permitted; NA = Not Applicable
1
This class of uses applies to institutional and quasi-institutional uses allowed under this Title within any zoning district, subject to a Conditional Use Permit. Such uses may include, but are not limited to, day care facilities, convalescent hospitals, senior housing, and similar uses.
2
No commercial message allowed on the sign if such message is legible from any location off the lot on which the sign is located (see Article 7 for definition of "commercial message"). In residential zones, only the address and name of the occupant is permitted. For a real estate sign, only the name, address, and phone number of the broker are permitted, as well as the words "for sale," "for lease," or "for rent."
3
Any billboard or permissible structural or electrical modification thereof permitted by this Chapter shall be subject to the regulations of this Chapter and Section 17.330.090, including the requirement for a Conditional Use Permit.
4
May include only building name, date of construction, or historical data on historic site; must be cut or etched into masonry, bronze, or similar material.
5
Only address and name of occupant allowed on sign.
6
If such sign is suspended or projects above the public right-of-way, the issuance and continuation of a sign permit shall be conditioned on the sign owner obtaining and maintaining in force liability insurance for such a sign in such form and amount as the Director may reasonably from time to time determine, provided that the amount of such liability insurance shall be at least $500,000 per occurrence per sign.
7
The provisions of Sections 17.330.025, 17.330.050 and 17.330.055 shall apply.
8
For apartment complexes of 16 units or more, the provisions of Section 17.330.050 shall apply.
9
Flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that in commercial and industrial zones such a flag not exceed 216 square feet (12 feet by 18 feet) in area and not be flown from a pole more than 60 feet in height. In residential zones, a flag shall not exceed 108 square feet (9 feet by 12 feet) and shall not be flown from a pole more than 35 feet in height. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such.
10
Inflatable devices are permitted for all automobile dealerships pursuant to Section 17.330.050. For all other commercial uses, inflatable devices are permitted only under the terms of Section 17.330.055.
11
The design of a pole sign is subject to Section 17.330.085(B)(4)(e).
12
Electronic message boards shall be limited to a maximum of one sign per site. Such signs shall only be permitted on sites with 100,000 square feet or more of gross floor area, except for institutional and public facility land uses, which are exempt from this minimum area requirement. Additionally, the electronic message board must be located at least 250 feet away from residential uses, as measured from the closest edge of the sign face to the exterior wall of the nearest habitable residential structure.
-Image-19.tif
Figure 3-8 Sample Sign Types
Table 3-9
Maximum Sign Area by Zoning District
Sign Type
R1
RM
IN1
PF
C
I
LS
CC
V
The maximum total amount of sign area permitted on each lot or principal use for freestanding and building signs (except incidental, building marker, identification and banner signs, and flags) shall not exceed the lesser of the following:
Freestanding2
Applicable to each lot regardless of number of principal uses
Maximum square footage
4
50
100
100
5003
100
5003
6003
NA
Square feet of signage per linear foot of street frontage
NA
NA
NA
NA
1
1
1
1
NA
Building
Applicable to each principal use on a lot
Maximum square footage4
4
50
100
100
200
200
200
200
NA
Percentage of building frontal area devoted to principal use to be used for signage4
NA
NA
15%
15%
15%
15%
15%
15%
NA
Notes:
NA = Not Applicable
1
Any billboard or permissible structural or electrical modification thereof permitted by this class of uses applies to institutional and quasi -institutional uses allowed under this Title within any zoning district, subject to a Conditional Use Permit. Such uses may include, but are not limited to, day-care facilities, convalescent hospitals, senior housing, and similar uses.
2
Chapter shall be subject to the regulations of this Chapter and Section 17.330.090, including the requirement for a Conditional Use Permit.
3
Refer to Table 3-10 for provisions regarding specific freestanding sign allowances for these principal uses.
4
Minimum sign area for commercial store-front signs shall be less than 40 square feet. All building-mounted signs shall be included in the total area, except for permitted temporary signs, banners, flags and incidental signs.
(Ord. 2456 § 2, 2010; Ord. 2618, 4/9/2025

§ 17.330.085 Standards for Specific Sign Types.

A. 
Required Standards. Tables 3-10 to 3-12 outline the required standards by specific sign types and characteristics.
Table 3-10
Number, Dimensions, and Location of Freestanding Signs by Zoning District
Sign Type
R11
RM
IN2
PF
C
I
LS
CC
V
Monument
Area (square feet/face)
NA
50
100
100
100
100
100
100
NA
Height (feet)
NA
6
6
6
6
6
6
83
NA
Setback (feet)4
NA
10
10
10
10
10
10
10
NA
Number permitted per lot
NA
1
15
NA
NA
NA
NA
NA
NA
Number permitted per feet of street frontage
NA
NA
NA5
NA5
1 per 3006
1 per 3006
1 per 3006
1 per 5003
NA
Pylon or pole sign7,8
Area (square feet/face)
NA
NA
100
100
100
100
100
200
NA
Height (feet)
NA
NA
25
25
25
25
25
253
NA
Setback (feet)3,4
NA
10
10
10
10
10
10
10
NA
Number permitted per lot
NA
NA
15
15
NA
NA
NA
NA
NA
Number permitted per feet of street frontage
NA
NA
NA5
NA5
1 per 3006
1 per 3006
1 per 3006
1 per 20003
NA
Notes:
NA = Not Applicable
1
Refer to Tables 3-8 and 3-9 for permitted free-standing sign allowances in the R1 zoning district.
2
This class of uses applies to institutional and quasi-institutional uses allowed under this Title within any zoning district, subject to a Conditional Use Permit. Such uses may include but are not limited to day-care facilities, convalescent hospitals, senior housing, and similar uses.
3
In the Civic Center Overlay, one pylon sign is permitted if the lot has at least 2,001 lineal feet of street frontage. The number of monument signs and their height are determined as follows:
Lineal Street Frontage
No. of Signs Permitted
Maximum height
0-100
none
NA
101-500
1
6
501-1,000
2
6
1,001-1,500
3
6
1,501-2,000
4
6
2,000 or more
4 monument
6
1 pylon
25
4
Setbacks for monument and pylon signs may be reduced to 3 feet if the City Engineer determines that such signs will not obstruct street visibility. No part of a pylon sign shall project into the public right-of-way.
5
On lots in residential zones that are developed with institutional/quasi-institutional uses or public-facility uses, one freestanding sign is permitted regardless of lineal street frontage, except that compliance with the provisions outlined in Table 3-9 is required for these uses. For these uses in a commercial or industrial zone, or within the Civic Center or Little Saigon Overlays, freestanding signs are permitted only in conformance with notes 3 and 6.
6
In commercial and industrial zones, and in the Little Saigon Overlay, the following limitations apply to monument and pylon signs:
Lineal Street Frontage
No. of Signs Permitted
0-100
none
101-300
1
301-750
2
751-1,500
3
1,501-2,000
4
Over 2,000
5
7
Any billboard or permissible structural or electrical modification thereof permitted by this Chapter shall be subject to the regulations of this Chapter and Section 17.300.090.
8
The design of a pole sign is subject to Section 17.330.085(B)(4)(e).
Table 3-11
Number and Dimensions for Specific Sign Types1
Sign Type
Number Allowed
Maximum Area
Minimum Vertical Clearance
Freestanding
Monument
See Table 3-10
See Table 3-10
NA
Pylon or pole sign
See Table 3-10
See Table 3-10
8 feet
Billboard2
1 per lot
See § +17.330.090
See § 17.330.090
Identification3
1 per building
50 square feet
8 feet
Incidental
Per master sign plan
Per master sign plan
Per master sign plan
Building
Arcade
1 per main entrance
Per master sign plan Table 3-9
9 feet
Building marker
1 per building
4 square feet
NA
Canopy
1 per principle use or building
25% of vertical surface of canopy/Table 3-9
9 feet
Identification3
1 per building
50 square feet
NA
Incidental
Per master sign plan
Per master sign plan
Per master sign plan
Marquee
1 per principle use or building
See Table 3-9
9 feet
Projecting4
1 per principle use or building
See Table 3-9
9 feet
Roof, integral
1 per principle use or building
See Table 3-9
NA
Suspended
1 per principle use or building
See Table 3-9
9 feet
Wall5
1 per principle use or building
See Table B
NA
Window6, 7, 8
1 per storefront window
25% of window/Table 3-9
NA
Miscellaneous
Banner6, 9, 10
1 per principle use
40 square feet/sign
9 feet
Flag9, 11, 12, 13
Per master sign plan
216 square feet
9 feet
Pennant6, 9
Per special event or temporary sign permit
NA
9 feet
Temporary4
Per special event or temporary sign permit
NA
4 feet
Special advertising device14
Per Section 17.330.055
Per Section 17.330.055
Per Section 17.330.055
Inflatable device15
Per Section 17.330.050 or 17.330.055
Per Section 15.40.110 or 17.330.055
30 feet
Notes:
NA = Not Applicable; CUP = Conditional Use Permit
1
No signs shall exceed any applicable maximum numbers or dimensions, or encroach on any applicable minimum clearance shown in this table.
2
Any billboard or permissible structural or electrical modification thereof permitted by this Chapter shall be subject to the regulations of this Chapter and Section 17.330.090, including the requirement for a Conditional Use Permit.
3
Identification signs shall not be allowed in addition to any other permitted freestanding or building sign, nor shall they exceed any other limitations imposed on pylon signs.
4
Projecting signs may project up to 2 feet into the public right-of-way only in the Civic Center Overlay, pursuant to footnote 5 of Table 3-8 and provided that the building is set back from the front property line no more than 5 feet.
5
One additional wall sign may be permitted for a principal use or building that faces two streets, provided that such second wall sign does not exceed 50 percent of the area of the first wall sign and is attached so as to face the second street frontage.
6
Temporary signs, including temporary window signs, pennants, and all other types of temporary signs, except for balloon and other inflatable or aerial signs, shall be subject to the provisions of Section 17.330.025.
7
A maximum of 1 neon-type window sign is allowed per business included within the 25 percent total allowable window sign area, except that neon tubing used solely to outline a window, or any portion of a window, no more than 12 inches from the edge of any window pane, shall be exempt from the calculation of the maximum sign-area requirements.
8
For purposes of computation of the allowable sign area, a window shall consist of the total glass area constituting a storefront window, but not including glass doors or opaque windows.
9
For apartment complexes consisting of 16 or more units, the provisions of Section 17.330.050 shall apply.
10
For grand openings, as permitted in Section 17.54.050. The maximum area of a banner may exceed 40 square feet; however, in no case shall it exceed an area equal to 15 percent of the face of the building to which it is affixed.
11
In all residential zones, a flag shall not exceed 108 square feet (9 feet by 12 feet) in area and the pole shall not exceed 35 feet in height.
12
For multitenant buildings, no more than one flag, such as a seasonal flag or corporate flag, per storefront shall be permitted.
13
A building permit shall be required for the construction of a flagpole.
14
Special advertising devices shall be subject to the provisions of Section 17.330.055.
15
Inflatable devices are permitted for all automobile dealerships pursuant to Section 17.330.050. For all other commercial uses, inflatable devices are permitted only under the terms of Section 17.330.055.
16
The design of a pole sign is subject to Section 17.330.085(B)(4)(e).
Table 3-12
Permitted Sign Characteristics by Zoning District
Sign Type
R1
RM
IN1
PF
C
I
LS
CC
V
Animated
NP
NP
NP
NP
NP
NP
NP
NP
NP
Changeable copy
NP
NP
P
P
P
P
P
P
NP
Electronic message board5
NP
NP
AUP
AUP
CUP
NP
CUP
AUP
NP
Illumination, internal2
NP
NP
P
P
P
P
P
P
NP
Illumination, external3
NP
P
P
P
P
P
P
P
NP
Illumination, exposed bulb or neon
NP
NP
NP
NP
NP
NP
NP
NP
NP
Inflatable4
NP
NP
NP
NP
P
NP
NP
P
NP
Notes:
P = Permitted; NP = Not Permitted
1
This class of uses applies to institutional and quasi-institutional uses allowed under this Title within any zoning district, subject to a Conditional Use Permit. Such uses may include, but are not limited to, day care facilities, convalescent hospitals, senior housing, and similar uses.
2
Backlit panels are prohibited. Panels shall be opaque if can-type signs are used and only the lettering shall appear to be illuminated. Backlit individually-cut letter signs are permitted. All electrical raceways shall be concealed, except that the Director may waive the requirement for concealed raceways if it can be found that such concealment is impractical due to the design of the building.
3
Direct and indirect lighting methods are allowed except that they shall not be harsh or unnecessarily bright. Reflectors shall be used to keep light from spilling beyond the limits of the sign face if direct lighting methods are used.
4
Inflatable devices are permitted for all automobile dealerships pursuant to Section 17.330.050. For all other commercial uses, inflatable devices are permitted only under the terms of Section 17.330.055.
5
Electronic message boards shall be limited to a maximum of one sign per site. Such signs shall only be permitted on sites with 100,000 square feet or more of gross floor area, except for institutional and public facility land uses, which are exempt from this minimum area requirement. Additionally, the electronic message board must be located at least 250 feet away from residential uses, as measured from the closest edge of the sign face to the exterior wall of the nearest habitable residential structure.
B. 
Sign Design Standards.
1. 
Overview. Signs are an important part of any commercial district, as they help customers identify the stores they are looking for. However, the purpose of signs shall not be to advertise. When too many large signs appear along a street, they compete for attention with one another, and their effectiveness as business identifiers is greatly reduced.
The following sign design standards shall be considered in addition to all other applicable requirements of this Title and Chapter 15.36, Uniform Sign Code, of the WMC.
2. 
General design requirements. The following general design requirements shall be consulted prior to developing signs for any project.
a. 
Consider the proportion of letter area. Letters on signs shall not occupy more than 75 percent of the sign panel area.
b. 
Address identification. Signs, especially free-standing signs, shall include the address of the business or commercial center, whenever appropriate or desirable.
c. 
Neon lighting. Neon lighting may be used as an architectural accent.
3. 
Building, wall or fascia signs.
a. 
Can-type signs. The use of can-type signs with translucent backlit panels are prohibited. Panels shall be opaque if a can-type sign is used and only the lettering shall appear to be illuminated. In cases where the sign area of the sign is no greater than 40 square feet, translucent backlit panels shall also be permitted.
b. 
Exposed raceways. Exposed raceways behind individual letter signs are prohibited as they emphasize the mechanics of the sign rather than the message. Buildings shall be designed to conceal electrical raceways. For existing buildings, exposed raceways may be permitted with the approval of the Planning Division when concealed electrical raceways are not possible, provided that the raceway is designed to blend with the building/structural wall to which it is attached.
c. 
Remove brackets and repair holes. When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Any holes that remain shall be patched and painted to match the surrounding portion of the building or sign support structure.
4. 
Freestanding signs.
a. 
Sign types. Freestanding signs, including monument, pole and pylon signs, are permitted pursuant to the following provisions and those outlined in Table 3-8.
b. 
Number, location, area, height, and design. The number, location, and area of a monument, pole or pylon sign shall be in compliance with the provisions outlined in Tables 3-9 to 3-11.
c. 
Monument signs. Monument signs shall be placed within a landscaped area that is at least equal to two times the square footage of the sign face.
All tenant sign panels on monument signs shall be no larger than the width of the architectural features of the sign and should be uniform in size and color. Simple, uncomplicated shapes should be used.
d. 
Pylon signs. Pylon signs shall be designed to be supported by two columns; bare poles are not permitted. The design of a pylon sign, including the supporting columns, shall be compatible and consistent with the design of the commercial development.
All tenant sign panels on pylon signs shall be limited in size to the width of the twin columns or architectural features of the sign and should be uniform in size and color. Simple, uncomplicated shapes should be used.
e. 
Pole signs. Monument signs are preferred; however, single pole signs are permitted provided that the pole is covered with a decorative skirt compatible with the design of the sign and with a width equal to at least half the width of the sign.
5. 
Window signs.
a. 
Number of signs. If permanent window signs are used, they shall be limited to one per window.
b. 
Sign area. The area of any permanent window sign shall be in accordance with the provisions outlined in Table 3-11.
c. 
Illuminated signs. Internally illuminated cabinet or "can" signs and changeable-copy signs should be placed at least three feet behind the window surface.
d. 
Placement. Limited to upper half of a window.
e. 
Location. Limited only to the ground floor for multi-story buildings.
6. 
Arcade signs.
a. 
Size. Arcade signs shall not exceed 12 inches by 30 inches in size.
b. 
Location. Arcade signs perpendicular and/or parallel to the building face may be installed in multitenant centers underneath arcade roofs. A minimum vertical clearance of 8 feet shall be provided between the walkway and the bottom of the sign.
-Image-20.tif
7. 
Banners.
a. 
Location. Banners shall be located on the building storefront wall above the business they identify and shall not be located on the roof of a building or on the railings.
b. 
Sign copy. Banners shall only advertise and identify the on-site business for which the permit is issued.
(Ord. 2456 § 2, 2010; Ord. 2548 §§ 3, 4, 2018; Ord. 2618, 4/9/2025)

§ 17.330.090 Electronic Billboard Freeway Signs.

A. 
Purpose. Electronic billboards, as defined in Section 17.700.010, are recognized as a legitimate form of commercial use in the City. However, the size, number, location, and illumination of electronic billboards can have significant influence on the City's visual environment, and can, without adequate control, create or contribute to blighted conditions. The purpose of this Section is to provide reasonable electronic billboard controls along the freeway corridors through the City, recognizing that community appearance and traffic safety are important factors in ensuring the general community welfare.
B. 
Conflicts with Other Provisions of the Zoning Ordinance. Electronic billboards allowed under the provisions of this Section shall be in addition to all other signs allowed by the Zoning Ordinance. The locations and heights of allowed electronic billboards shall be governed by this Section. If there is a conflict between the provisions of this Section and other Sections of the Zoning Ordinance, the provisions of this Section shall control.
C. 
General Provisions
1. 
Electronic billboards shall be allowed in commercial and industrial zones as a conditional use provided it meets all other requirements of this Section and subject to the limitations of this Section, and notwithstanding the provisions of any other Section of the Zoning Ordinance.
2. 
Sign permit required. To ensure compliance with the regulations contained in this Section, a sign permit shall be required to erect, repair, alter, relocate, or maintain any electronic billboard. Application for said permit shall be on a form provided by the City and shall be accompanied by a filing fee as set by City Council resolution.
3. 
Each individual proposal for construction of a new billboard structure, or modification of a billboard structure, shall be considered a separate application, and each application shall be separately and individually subject to the provisions in this Code relating to Conditional Use Permits, and the provisions and requirements of this Section. Multiple sites shall not be combined into one application.
D. 
Operating Agreement Required. Electronic billboards shall only be permitted when the City has entered into an operating agreement or development agreement with an electronic billboard owner to allow for an electronic billboard under certain circumstances, including: (1) generating revenue that enhances public services and benefits the community; (2) the provision of access to the City to a portion of the total available display time to allow the City to present messages of community interest and information, and public safety; (3) the provision of access to the appropriate agencies for the purpose of displaying "Amber Alert" messages and emergency-disaster communications; and (4) to establish quality and maintenance standards.
E. 
Locations Prohibited
1. 
Within a classified "landscaped freeway" pursuant to the State regulations relating to the California Outdoor Advertising Act (4 California Code of Regulations Section 2500 et seq.), as they currently exist or may hereafter be amended, unless authorized by Caltrans through a relocation agreement or declassification of a Section of landscaped freeway.
2. 
On sites that are not adjacent to Interstate 405 (I-405) or State Route 22 (SR-22) freeways.
3. 
On the roof of a building, whether the building is in use or not.
4. 
On the wall of a building or otherwise attached to, or integrated to, or suspended from a building.
5. 
Within 200 feet of residential uses, as measured from the closest edge of the electronic billboard sign face to the exterior wall of the nearest habitable residential structure, as such use exists on the date the electronic billboard Conditional Use Permit application is approved by the City. This minimum distance may be reduced if an independent engineering light study can demonstrate that effects to nearby residential uses at the proposed distance and height will not result in a lighting or glare impact above industry standards. For the purposes of this Section, a residential use is a home, mobile home, or dwelling unit located in a residential zone. For the purposes of this Section hotels, motels, or other transient occupancy units are not considered residential units.
6. 
The minimum distance between two (2) or more billboards or between billboards and the freeway right-of-way shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans). As of the adoption of the ordinance codified in this Section, the required minimum distance between electronic billboards is 1,000 feet between signs on the same side of the right-of-way. In the event that Caltrans modifies these or any related distance requirements, this Section shall automatically conform to and be governed by the latest applicable State standards.
7. 
In no event shall any billboard be permitted in any location which would result in a violation of any applicable Federal, State, or local law.
F. 
Development Standards
1. 
Maximum height. The maximum height of an electronic billboard shall be 90 feet. To justify the proposed height, applicants must provide, at a minimum, a rendering of the proposed billboard, along with one additional height at least 10 feet lower than the proposed billboard height; renderings taken from 500 feet and 750 feet away from the project site; and a plan-view exhibit showing the visibility of the proposed billboard from the applicable freeway. The City reserves the right to require additional information or a reduction in height if it is determined that the maximum height is not justified based on the site's topography, surrounding architectural context, and considerations for freeway traffic safety.
2. 
Minimum setback. The minimum setback distance of the electronic billboard column support post shall be at least 10 feet from any property line. The minimum setbacks may be reduced as a part of the Conditional Use Permit approval review if the Planning Commission finds, following a public hearing and absence of adverse comments from the community, that the electronic billboard as proposed will not be placed and/or designed in such a manner as to create a traffic hazard or negatively impact neighboring properties. Examples of such sign placement and/or design include, but are not limited to, signs which interfere with traffic sight distances, traffic flow or the visual access to a traffic sign; and signs with color, configuration, text, or location which cause them to be mistaken for, or otherwise imitate, a traffic sign or signal.
3. 
Maximum number per property. No more than one electronic billboard shall be permitted per individual property or site.
4. 
Public right-of-way encroachments. No portion of an electronic billboard shall project over the width of any street, highway, public sidewalk, or other public right-of-way unless the applicant secures written permission from the appropriate governing agency.
5. 
Driveways. Electronic billboards projecting over a driveway or driving aisle shall have a minimum clearance of 16 feet between the lowest point of the face, including architectural elements, and the driveway grade.
6. 
Pedestrian walkway. Electronic billboards projecting over a pedestrian walkway shall have a minimum clearance of 12 feet between the lowest point of the face, including architectural elements, and the walkway grade.
7. 
Minimum ground clearance. Electronic billboards shall have a minimum clearance of eight feet between the lowest point of the face, including architectural elements, and ground level so as not to provide an attractive nuisance for graffiti and vandalism.
8. 
Face orientation. Electronic billboards shall be designed to be viewed primarily by persons traveling on the Interstate 405 (I-405) or State Route 22 (SR-22) freeways. No electronic billboard shall have more than one face (display surface) oriented in the same vertical plane.
9. 
The electronic billboard shall be constructed to withstand a minimum wind pressure of 20 pounds per square foot of exposed surface.
10. 
Each electronic billboard shall comply with all applicable Federal, State, and local laws and regulations, including, but not limited to, the Highway Beautification Act of 1965 (23 U.S.C. § 131 et seq.), the California Outdoor Advertising Act (California Business and Professions Code Section 5200 et seq.), and the California Vehicle Code, as they currently exist or may hereafter be amended.
G. 
Standards of Design
1. 
Digital requirement. Only digital billboards are permitted. Static images, including, but not limited to, printed or painted billboards, are not allowed. This standard is enforced to ensure dynamic content delivery that can efficiently accommodate multiple advertisers and provide timely public service announcements.
2. 
The cylindrical column support post of all electronic billboards shall have an architectural facade or treatment approved by the City. The architectural treatment must enhance the billboard's appearance and be minimal and unobtrusive.
3. 
Maximum number of faces. No electronic billboard shall have more than two faces. A face shall be considered the display surface upon which an advertising message is displayed.
a. 
The faces of two-sided electronic billboards shall be identical in size.
b. 
The top, bottom, and sides of the faces shall be in alignment, and no portion of either face shall project beyond the corresponding portion of the other face. Architectural elements shall also be aligned on both sides of the electronic billboard.
4. 
Each face of the sign shall be no larger than 20 feet by 60 feet in dimension (total 1,200 square feet), with additional framing limited to what is necessary for structural support.
5. 
All new billboard structures shall be free of any visible bracing, angle iron, guy wires, cable, and/or similar supporting elements. All exposed portions of new billboards, including backs, sides, structural support members and support poles, shall be screened to the satisfaction of the Director of Community Development.
6. 
The utilities of each electronic billboard shall be underground.
7. 
City branding requirement. All electronic billboards shall incorporate the City of Westminster's logo as part of the overall design. The logo must be clearly visible and proportionally sized on each side of the billboard structure or its supporting elements, as approved by the City.
H. 
Operational Restrictions
1. 
No electronic billboard shall display flashing, shimmering, glittering, intermittent or moving light or lights. Exceptions to this restriction include time, temperature, and smog index units, provided the frequency of change does not exceed four-second intervals.
2. 
Minimum display time. Each message on the sign must be displayed for a minimum of four seconds or the minimum time allowed under the State of California Outdoor Advertising Act and Caltrans implementing regulations, whichever is the shorter period of time.
3. 
Maximum display time. Electronic billboard messages shall be displayed for no longer than two minutes at a time.
4. 
Each electronic billboard shall be designed to either freeze the display in one static position, display a full black screen, or turn off in the event of a malfunction.
5. 
No electronic billboard shall utilize technology that would allow interaction with drivers, vehicles or any device located in vehicles, including, but not limited to, a radio frequency identification device, geographic positions system, or other device.
6. 
No electronic billboard shall emit audible sound, odor, or particulate matter.
7. 
No electronic billboard shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic, by, for example, the use of the words "stop" or "slow down."
8. 
No electronic billboard shall involve any red or blinking or intermittent light likely to be mistaken for warning or danger signals, nor shall its illumination impair the vision of travelers on the adjacent freeway and/or roadways. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in California Vehicle Code Section 21466.5.
9. 
Each electronic billboard shall be provided with an ambient light sensor that automatically adjusts the brightness level of the electronic sign based on ambient light conditions.
10. 
Electronic billboards shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a distance of 250 feet for a sign with a nominal face size of 14 feet by 48 feet and a distance of 350 feet for a sign with a nominal face size of 20 feet by 60 feet, and shall otherwise comply with Section 5403(g) of the Outdoor Advertising Act and Section 21466.5 of the California Vehicle Code.
11. 
No electronic billboard shall be maintained in the City unless the name of the person or company owning or maintaining it and the identifying number of the electronic billboard are plainly displayed thereon, along with contact information at or near the base of the structure accessible to the public.
12. 
No digital billboard shall be operated or maintained so as to constitute an "improper display," as defined or described in Business and Professions Code Section 5403.
13. 
Each digital billboard shall be connected to the National Emergency Network and provide emergency information, including child abduction alerts (i.e., "Amber Alerts"), in accordance with local and regional first responder protocols.
I. 
Outdoor Advertising Permit. Billboards situated within 660 feet of the edge of the right-of-way and primarily visible to persons traveling on a freeway shall require a permit from Caltrans.
J. 
Additional Requirements. Prior to issuance of a building permit for any electronic billboard project subject to the requirements of this Chapter, the applicant shall provide the following:
1. 
The telephone number of a maintenance service, to be available 24 hours a day, to be contacted in the event that an electronic billboard becomes dilapidated or damaged.
2. 
Proof of property ownership or a lease demonstrating a right to install the electronic billboard on the subject property.
3. 
A list of locations of all electronic billboards in the City-owned or managed by the entity that will own or manage the subject electronic billboard.
K. 
Future Technologies. The technology currently being deployed for electronic billboards is LED (light emitting diode), but there may be alternate, preferred, or superior technology available in the future. Owners of electronic billboards are authorized to change the electronic billboards to any other technology that operates under the maximum brightness standards allowed by the relevant transportation authority.
L. 
After receiving approval to install an electronic billboard, owners of electronic billboards may replace the digital faces to their electronic billboard, however, the following shall apply:
1. 
All required permits are obtained.
2. 
All screening and architectural elements are maintained.
3. 
The number of physical sign faces shall not be increased.
(Ord. 2618, 4/9/2025)