Division 4 — OFF-STREET PARKING, LOADING AND LANDSCAPING

The intent and purpose of this section is to provide adequate and properly designed parking areas. The parking standards imposed hereunder are intended to promote vehicular and pedestrian safety; compatibility between parking areas and surrounding neighborhoods, protect property values by providing such amenities as landscaping, walls, and setbacks, and improve the appearance of the city.

Notwithstanding the provisions of section 9120 et seq. of this article, for the purposes of this division, the following words and phrases are defined as follows:

A.

Alternative transportation means the use of modes of transportation other than the single passenger motor vehicle, but not limited to carpools, vanpools, buspools, public transit, walking and bicycling, motorcycles, mopeds, and electric powered vehicles are excluded from this definition.

B.

Applicable development means any development project that is determined to meet or exceed the project size threshold criteria contained in section 9654.4 (Transportation demand management).

C.

Buspool means a vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

D.

Carpool means a vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis.

E.

Developer means the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this section as determined by the property owner.

F.

Development means the construction or cumulative additions of new building square footage. Existing square footages shall be exempt from these requirements. All calculations shall be based on gross square footage.

G.

Employee parking area means the portion of total required parking at a development used by on-site employees. Unless specified in this article, employee parking shall be calculated as follows:

H.

Preferential parking means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

I.

Property owner means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of this section either directly or indirectly or by delegating such responsibility as appropriate to a tenant and/or his (her) agent.

J.

Tenant means the lease of facility space at an applicable development project.

K.

Total area means the area of all floors or levels included within exterior walls of a building or structure. If a building or structure does not have exterior walls, the "total area" of the building or structure shall be the useable floor area of the building or structure, or the usable area under the horizontal projection of the roof.

L.

Transportation demand management (TDM) means the alteration of travel behavior, usually on the part of the commuters, through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed workweeks).

M.

Trip reduction means reduction in the number of work-related trips made by single occupant vehicles.

N.

Vanpool means a vehicle carrying seven (7) or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven (7) to fifteen (15) adult passengers, and on a prepaid subscription basis.

O.

Vehicle means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

(Ord. No. 93-226U, § 3, 3-10-93)

Accessible off-street parking areas shall be provided and maintained as set forth in this section. Parking access areas shall provide parking and maneuvering room for motor vehicles and for pedestrian safety based on the anticipated occupancy of the related building, structure or area of land or water. Where there is a combination of principal uses in any one (1) facility, the sum of the parking requirements of these uses shall be provided unless otherwise provided. If the calculation of parking requirements results in the requirement for a fraction of a parking space, such parking space need not be provided unless the fraction exceeds fifty (50) percent. This section shall not be construed to prohibit the installation and maintenance of more parking spaces than the minimum required.

A.

Seats or seating capacity. Where the standards for parking set forth in this section are based upon seating capacity, the capacity shall be determined by reference to the actual seating capacity of the subject area based upon the number of seats or one (1) seat per eighteen (18) inches of bench or pew length and one (1) seat per twenty-four (24) inches of booth length for dining, but in no case shall seating be less than as required by the Uniform Building Code. For other areas where seats are not fixed, the seating capacity shall be determined in accordance with the Uniform Building Code.

B.

Planter or landscaped areas. Where the standards set forth in this section or elsewhere in this Code require the installation of planters or landscaped areas within or adjacent to parking areas, such planters or landscaped areas shall be planted, irrigated and maintained with live landscaping such as lawn, ground cover, trees or shrubs, and surrounded by a six-inch-high curb. The landscaped areas shall not be less than the width specified excluding any perimeter curbing. Parking in the oak tree drip lines shall be discouraged and regulated by the provisions of section 9657 et seq.

C.

Building permit. Plans submitted for a building permit to construct a building which has public parking areas shall include the design of the required parking area drawn to scale. Such plans shall include all parking spaces and maneuvering areas, curb cuts, landscaping and other improvements. The building

permit shall not be issued until such parking plans have been approved by the director of planning and community development or his or her designee and no final completion inspection shall be approved until the parking spaces and required landscaping are installed.

D.

Change of occupancy. Whenever the parking demand is increased due to a change of occupancy which does not involve any new construction requiring a building permit, the director of planning and community development or his or her designee shall review the parking requirements of the proposed use if new business license is required for the change of use. In such case no new business license shall be issued until the department of planning and community development has approved the parking plan. Two (2) copies of such plan drawn to scale shall be submitted to the director of planning and community development or his or her designee for approval. The plan shall show the entire subject property and shall show the means of ingress and egress, location of the building, parking spaces, landscaping, barrier curbs, irrigation system, lights and any other proposed facilities. The plan shall be approved if it conforms to the intent and provisions of this part.

E.

Parking reductions. A proponent of a business or industrial project may provide alternative facilities or programs which serve to reduce parking demand or return for a reduction in vehicle parking requirements, subject to the provisions below. Vehicle parking requirements shall be reduced in accordance with the following provisions:

1.

Preferred carpool/vanpool parking spaces. The parking requirements for developments which guarantee preferred parking spaces (e.g., covered, shaded, or near building entrance) to employees who participate regularly in a carpool or vanpool shall be reduced by one (1) vehicle space for every one (1) space which is marked and reserved for carpools/vanpools at a preferred location provided that the maximum reduction shall not exceed two (2) percent of the required parking.

2.

Request for special review of parking. Parking reductions exceeding the maximums specified in subparagraph (1) above, or modifications of parking improvement requirements, may be granted by the planning commission, whenever such reduction or modification is considered in connection with a review of site plans by the commission, or is heard in connection with a rezoning, use permit, or variance. Such reduction or modifications shall only be permitted in unusual circumstances. The project proponent shall submit with the request whatever evidence and documentation is necessary to demonstrate that unusual conditions warrant a parking reduction, such as the multiple use of a parking area by uses having peak parking demands which occur at different times; floor plans which indicate that the floor area devoted to customer or employee use is less typical for the building proposed; or that other programs will be implemented by the developer or tenant(s) which will result in a demand for parking at the site which is less than would otherwise occur, such as the provision of monetary incentives to employees who regularly utilize public transit or participate in a carpool or vanpool.

t the floor area devoted to customer or employee use is less typical for the building proposed; or that other programs will be implemented by the developer or tenant(s) which will result in a demand for parking at the site which is less than would otherwise occur, such as the provision of monetary incentives to employees who regularly utilize public transit or participate in a carpool or vanpool.

The recordation of agreements or covenants, prior to issuance of a building permit, which ensures that appropriate programs are implemented for the life of the use shall be required as a condition of approval of the parking reduction.

F.

Existing facilities. Any building or use for which parking facilities become substandard by the adoption of this part shall be considered a nonconforming use. Such nonconforming use may continue, but no enlargement or expansion shall be made in such use or building, unless the required number of parking spaces or parking areas imposed by this part are provided. Any change of occupancy or use in an existing building or lot which requires more parking space shall provide the additional parking areas required by this section.

G.

Parking of nonregistered vehicles. Automotive vehicles or trailers of any kind or type without current registration shall not be parked or stored in the front yard or side street yard of any lot.

H.

Change of parking requirements. The amendment of the parking requirements set forth in this section shall not render a use previously approved in accordance with the provisions of this section nonconforming.

I.

Tandem parking. Except where specifically permitted by this section, parking spaces shall not be in tandem. All parking spaces shall be free of obstructions, and parking shall be accomplished in a continuous forward movement. Tandem parking shall mean one (1) parking space located behind another parking space which has no direct access to the driveway or street.

J.

Provisions for residential uses.

1.

Parking locations. Off-street parking spaces for single-family detached dwellings shall be located on the same lot or parcel on which the dwelling is located. Off-street parking spaces for all other dwellings shall be located on the same development site and on the same lot or parcel or not more than two hundred (200) feet from the lot or parcel on which the dwelling is located.

2.

Senior citizen parking. The planning commission may reduce the total number of parking spaces required for senior citizen housing by up to twenty-five (25) percent, based upon a finding that the proposed development is located within five hundred (500) feet of a shopping center or is served adequately by a transportation system. The number of spaces which are required to be covered may be reduced by up to fifty (50) percent, based upon evidence submitted by the developer that the reduction is directly related toward providing dwelling units to meet the needs of low and moderate income senior citizen households

located within five hundred (500) feet of a shopping center or is served adequately by a transportation system. The number of spaces which are required to be covered may be reduced by up to fifty (50) percent, based upon evidence submitted by the developer that the reduction is directly related toward providing dwelling units to meet the needs of low and moderate income senior citizen households

as defined and provided for in the housing element of the General Plan. In no instance shall the number of covered parking spaces be fewer than one (1) per four (4) dwelling units.

3.

Commercial vehicles in residential zones. No vehicle which is registered for commercial purposes pursuant to applicable provisions of the Vehicle Code, which exceeds five thousand five hundred (5,500) pounds in unladen gross weight, shall be parked or such vehicles left standing on any residentially zoned property in excess of thirty (30) consecutive minutes, unless the actual loading or unloading of such vehicle is in progress on such property, or is fully screened from view from any public street. Violation of this section is an infraction and shall be punishable as provided in section 1200(b) of the Agoura Hills Municipal Code.

4.

Assigned spaces. One (1) of the required parking spaces for each multifamily dwelling unit shall be an assigned parking space, not more than two hundred (200) feet away from the unit to be served.

K.

Provisions for commercial uses.

1.

Parking locations. In commercial zones off-street parking shall be located on the same lot as, or on a lot contiguous to, the building, structure, or use to be served.

2.

Spaces not for repair, servicing or storage. Required parking spaces shall not be used, or be permitted to be used, for the repair, servicing, or storage of vehicles or for the storage of materials.

3.

Racks not counted as parking spaces. For auto repair shops or other similar uses, the racks and pump blocks shall not be considered in calculating the required parking spaces.

4.

Uses not specified. Commercial parking requirements for uses not specified in this part shall be based upon a standard of one (1) space per two hundred fifty (250) square feet of gross floor area, unless the director of planning and community development or planning commission approve a different parking requirement, based on the most comparable uses specified in this part.

5.

Shared parking. For the purposes of this section, "shopping center" shall mean a group of architecturally unified commercial and retail establishments built on a site which is planned, developed, and managed as an operating unit.

For shopping centers containing at least 25,000 and up to 50,000 square feet of total building area, where office spaces exceed ten (10) percent of the total gross floor area, that portion in excess of ten (10) percent of the gross floor area shall be calculated at one (1) parking space per three hundred (300) square feet.

Where cinema spaces exceed ten (10) percent of the total gross floor area, that portion in excess of ten (10) percent of the gross floor area shall be calculated at one (1) parking space per one hundred (100) square feet.

Where restaurant, café, or other food and beverage service uses exceed ten (10) percent of the total gross floor area, that portion in excess of ten (10) percent of the total gross floor area shall be calculated at one (1) parking space per one hundred (100) square feet.

For shopping centers containing 50,000 square feet or more of total building area, a shared parking reduction shall be allowed for the shopping centers based on the following:

TABLE I: SHARED PARKING

Note: For residential mixed-use development, residential parking shall be provided per section 9654.6 in addition to the parking requirement for other proposed nonresidential uses. To be considered for shared parking reduction for nonresidential parking spaces, a shared parking analysis shall be completed by the applicant based upon a city accepted methodology, using a qualified traffic or parking consultant, and ultimately approved by the director.

Source: Based upon ULI Shared Parking 2nd Edition, ITE Parking 3rd Edition

L.

Provisions for industrial uses.

1.

Parking locations. For industrial uses, all parking shall be on the same site. Off-site parking may be permitted by a conditional use permit if the applicant can demonstrate the need therefor and a covenant running with the off-site parking lot is executed and recorded to ensure that the required parking will be provided for the life of the use. The off-site parking may be located up to five hundred (500) feet from the lot to be served, but no more than fifty (50) percent of the required off-street parking spaces may be located off the site.

2.

Spaces not for repair, servicing or storage. Required parking spaces shall not be used or be permitted to be used for the repair, servicing, or storage of vehicles or for the storage of materials.

3.

Racks not counted as parking spaces. For auto repair shops or other similar uses, the racks and pump blocks shall not be considered in calculating the required parking spaces.

(Ord. No. 142, § 2, 12-9-87; Ord. No. 226U, § 2, 3-10-93; Ord. No. 12-395, § B.3, 3-14-2012)

9654.3. - Design standards.

A.

Parking stall sizes. Each standard off-street parking space shall be at least the following minimum sizes:

Unless approved by the planning commission, compact off-street parking spaces are not permitted. The planning commission may allow no more than thirty (30) percent of the required number of parking spaces to be sized for compact vehicles in instances where on-site design constraints, such as irregular topography, lot configurations, or parcel size necessitate the use [of] compact parking spaces. The planning commission may also allow no more than thirty (30) percent of the required number of parking spaces to be sized for compact vehicles in instances where additional on-site landscaping is provided beyond the requirement for the zoning district and the provisions of section 9654.5 et seq. The additional

landscaping shall be equal in size to at least fifty (50) percent of the parking area saved by installing compact parking spaces in lieu of standard parking spaces. For purposes of this section, additional landscaping located in required yard areas shall not apply.

All compact off-street parking spaces approved by the planning commission shall be at least the following minimum sizes:

All compact off-street parking spaces approved by the planning commission shall be clearly marked "Compact Cars Only." Compact spaces shall not be permitted for automotive repair facilities.

All standard and compact parking stalls shall be clearly pinstriped.

==> picture [399 x 506] intentionally omitted <==

B.

Handicapped requirements. Off-street parking spaces shall be provided for handicapped persons. The number of parking spaces to be provided therefor shall be as follows:

All parking spaces for the physically handicapped shall be located in proximity to curb ramps or other pedestrian walks providing the most direct access to the primary entrance(s) of the building(s) served by the parking lot.

Each handicapped off-street parking space shall be at least fourteen (14) feet wide and striped to provide a nine-foot parking area and a five-foot loading and unloading area. When more than one (1) space is provided, in lieu of providing a fourteen-foot space for each parking space, two (2) spaces can be provided within a twenty-three-foot wide area striped to provide a nine-foot-wide parking area on each side of a fivefoot loading and unloading area in the center. The minimum length of each stall shall be eighteen (18) feet.

Each handicapped parking space shall be clearly marked with the international symbol of accessibility in white paint, at least three (3) feet in size.

C.

Covered parking spaces. Covered off-street parking spaces provided for commercial and industrial uses shall follow the minimum size standards as outlined in subsection A. Covered off-street parking spaces provided for residential uses shall be at least ten (10) feet by twenty (20) feet inside clear space.

D.

Access and circulation. Each entrance and exit to a parking area shall be constructed and maintained so that any vehicle entering or leaving the parking area shall be clearly visible at a distance of not less than ten (10) feet to a person approaching such entrance or exit on any pedestrian walk or footpath shall be visible to each other. Speed bumps shall be considered for parking areas over one hundred (100) parking spaces.

All exits from parking lots shall be clearly posted with stop signs, and stop bars, and appropriate directional signs shall be maintained when necessary and as required by the director of planning and community development.

1.

Residential access. Driveway access to parking spaces for a single-family dwelling unit shall not be less than fifteen (15) feet in width. Driveway access used to serve more than two (2) dwelling units shall not be less than twenty (20) feet in width. Driveway access to all uses other than residential shall have a width of

not less than fourteen (14) feet if one-way, or not less than twenty-six (26) feet for a two-way, combined entrance and exit, access.

2.

Commercial access. Additional limited time parking shall be provided in conjunction with the placement of automatic tellers and similar structures or facilities.

E.

Paving. All areas used for parking and accesses to such parking areas shall be completely paved with asphalt or concrete surfacing, or such other alternative materials as approved by the city engineer. Further, all parking areas and accesses shall be provided with adequate drainage as approved by the city engineer. Any portion of the parking area not paved shall be landscaped.

F.

Aisle width. Minimum aisle widths shall be as follows:

Where two-way traffic is permitted, the minimum aisle width shall be twenty-six (26) feet.

G.

Wall. A parking area which abuts a residentially zoned parcel or lot shall be separated therefrom by a sixfoot-high solid masonry wall. Such wall shall be reduced to three (3) feet in height within the front yard area of an abutting residential zone. Along the freeway a combination of a mounded, enlarged landscaped area and a three and one-half (3½) foot wall shall be provided.

A parking area which is separated by a street from a parcel or lot in a residential zone or a freeway shall have a solid masonry wall or mounded landscaping averaging three and one-half (3½) feet in height along such street.

H.

Parking structure standards. Parking structures, underground parking, subterranean parking, and similar parking facilities shall be permitted only upon planning commission approval. Underground and subterranean parking is encouraged to increase landscaping and minimize hillside grading.

All parking spaces within such facilities shall be restricted for the exclusive use of property owners, tenants, employees, and other users of the building which such facilities serve. Such restrictions shall be implemented through the installation of appropriate signing and circulation and controlled access devices.

Appropriate security measures shall be incorporated into the design of such facilities including but not limited to security gates, fencing, and lighting.

I.

Parking lot illumination. Parking lot illumination shall be directed away from residential areas and public streets so as not to produce a glare as seen from such areas in order to ensure the general safety of other vehicular traffic and the privacy and well being of the residential areas.

All light poles, standards, and fixtures shall be a maximum of sixteen (16) feet in height.

J.

Parking lot slope. Parking lots shall not have a slope exceeding four and one-half (4.5) percent, except for access ramps or driveways which shall not exceed a slope of ten (10) percent.

K.

Wheel stop standards. Wheel stops shall be installed two (2) feet from the edges of the required sidewalks, planters, and landscaped areas for all parking spaces in order to protect the required sidewalks, planters and landscaped areas from vehicular overhang and to protect any structure from vehicular damage. The regular planter curb may function as the wheel stop but the planter shall be a minimum of six (6) feet in width. All wheel stops shall be maintained in good condition.

L.

Bicycle parking standard. A stationary bicycle rack or facility designed to secure the frame and both wheels of the bicycle, where the bicyclist supplies only a locking device, shall be provided at the ratio of one (1) bicycle space for every twenty-five (25) parking spaces. A fully enclosed bicycle space or locker which is accessible only to the owner or operator of the bicycle and protects the bicycle from inclement weather may be provided, but not in-lieu of the required bicycle rack(s). Specific facilities and location (i.e. provision of racks, lockers, or locked room) shall subject to approval by the City."

M.

Off-street loading and unloading spaces. General office uses shall have the following off-street loading and unloading spaces:

Retail/commercial and industrial/manufacturing uses shall have the following off-street loading and unloading spaces:

Each loading space for general office uses and for retail/commercial uses less than thirty thousand (30,000) square feet shall be located off the street and shall be twelve (12) feet in width by twenty-five (25) feet in width by twenty-five (25) feet in depth by fourteen (14) feet in vertical clearance. All other loading spaces, regardless of use, shall be twelve (12) feet in width by fifty (50) feet in depth by fourteen (14) feet in height.

(Ord. No. 223, § 2, 1-27-93; Ord. No. 226U, §§ 2, 5, 3-10-93; Ord. No. 96-265, § 1, 1-15-97)

9654.4. - Transportation demand management.

A.

Transportation demand and trip reduction measures.

1.

Applicability of requirements. Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures. All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

2.

Development standards.

a.

Nonresidential development of twenty-five thousand (25,000) square feet or more shall provide, to the satisfaction of the city, a bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

1.

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

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

3.

Ridesharing promotional material supplied by commuter-oriented organizations;

4.

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

5.

A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

b.

Nonresidential development of fifty thousand (50,000) square feet or more shall comply with section 9654.3.A.2.a. above and shall provide all of the following measures to the satisfaction of the city:

1.

Not less than fifteen (15) percent of employee parking area, shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for a building permit, to the satisfaction of the city. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/marked as demand warrants.

2.

Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven (7) feet, two (2) inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

c.

Nonresidential development of one hundred thousand (100,000) square feet or more shall comply with sections 9654.3.A.2.a. and 9654.3.A.2.b. above, and shall provide all of the following measures to the satisfaction of the city:

1.

A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.

2.

Sidewalk or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in development.

3.

If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city will consult with any public agency which provides or is authorized by law to provide transit services to the general public in the project area for the purpose of determining whether or not such plans or permits shall include provisions for transit waiting shelter(s). The building inspector shall not issue any building permits or approve any improvement plans for any applicable project unless (s)he has received one of the following from the transit agency;

(a)

Written certification that adequate provisions have been made for the construction and/or placement of a transit waiting shelter at the public right-of-way adjacent to the project, including the granting of any easement necessary to accommodate the shelter, or

(b)

Written notification that no transit waiting shelter is needed adjacent to the project.

This section shall not be interpreted to require the construction or placement of transit waiting shelters at a distance of more than one hundred (100) feet from the perimeter of the project site. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops.

4.

Safe and convenient access from the external circulation system to bicycle parking facilities onsite.

B.

Monitoring. All facilities and improvements required to be constructed pursuant to Ordinance No. 226U shall be shown on building plans for the development. The building owner shall submit annual reports to the director of planning and community development which indicate the participation rate of the tenant(s) and the implementation procedures used in the transportation demand management program. The first report shall be submitted one (1) year after a certificate of occupancy has been issued by the department of building and safety, and annually thereafter.

C.

Enforcement. A violation of the provisions of this chapter shall be punishable as provided in chapter 2, article I of this Code, and/or any other remedy provided by the law.

(Ord. No. 226U, § 4, 3-10-93)

A.

Purpose. The intent and purpose of this section is to provide an enhanced pedestrian experience and exterior visual interest of non-residential properties regulating size, placement, and design of landscaping and other amenities accessible to the public. Together, landscaping and other outdoor amenities are intended to enhance the visual environment, promote public safety, moderate the temperature, and reduce noise and glare.

B.

Area requirements. Fifteen (15) percent of the total parking area, including the driveway areas, shall be landscaped. Such landscaped areas shall be distributed throughout the entire parking area, as evenly as possible, in a manner approved by the director of planning and community development.

In addition, except for approved access ways, a twenty-foot-wide fully landscaped planter shall be provided along the full property lines adjacent to any public or private street or highway whenever the parking area abuts a public or private street. The planning commission may allow for up to ten (10) feet of parking space encroachment within this landscape planter where it can be adequately demonstrated that the encroachment is necessitated due to on-site design constraints such as irregular lot configurations or parcel size, or would result in an improved site design. No more than fifty (50) percent of the length of the required twenty-foot-wide fully landscaped planter located along the full property lines adjacent to a public or private street or highway may be encroached upon. Any reduction in the landscape area due to parking encroachment shall be substituted for an equal amount of landscaping elsewhere on the property.

A ten-foot-wide fully landscaped planter shall be provided along the property lines adjacent to properties zoned residential, whenever the parking area abuts such properties.

C.

Special landscape design standards.

1.

Parking lot landscaping shall include shade trees, from an approved list, placed so as to cover fifty (50) percent of the total parking area with tree canopies within fifteen (15) years after the issuance of the building permit for the related building, structure or other improvement.

2.

Canopy reduction option for retail developments—Planning Commission Review.

A.

For any new retail developments, any exterior remodel of existing retail developments that includes changes to the parking lot, or any other parking lot remodel at existing retail developments, the fifty (50) percent tree canopy coverage requirement of subsection 9654.5.C.1 may be reduced by up to twenty (20) percent provided that the parking area, including driveways, are enhanced with pedestrian amenities with an equivalent square foot coverage area to offset the reduction of tree canopy coverage. The request for reduction in the fifty (50) percent tree canopy coverage requirement in subsection 9654.5.C.1 shall be reviewed by the planning commission.

(a)

The pedestrian amenities shall include:

i.

Shade structures such as carports, trellises, and arbors;

ii.

Other amenities such as decorative paving and walkways in the parking lot, raised landscape planter seats, benches, fountains, art pieces, and other pedestrian amenities of similar intent approved by the city.

(b)

Calculation of the coverage:

i.

Shade structures defined in subsection 9654.C.2.A.(a).i.: The total square footage of shade structures shall apply toward equivalent tree canopy coverage.

ii.

Other amenities defined in subsection 9654.5.C.2.A.(a).ii: One-half (½) of the square footage of coverage of other amenities shall apply toward equivalent tree canopy coverage.

(c)

Parking lot plan review: An application for a site plan review application shall be filed with the department of planning and community development along with a parking lot plan. The parking lot plan shall show the existing and proposed landscaping with the proposed pedestrian amenities and any other pertinent information deemed applicable for the planning commission to render a decision.

B.

In the event that an applicant's development cannot meet the requirements of subsections 9654.5.C.1, and 9654.5.C.2, such applicant may request the option of paying an in-lieu fee, in amount established by resolution of the city council, Only those properties that cannot meet the requirements of subsections 9654.5.C.1 and 9654.5.C.2 are eligible for the option of the payment of said in-lieu fee only if all of the following findings can be made by the planning commission.

(a)

Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of subsections 9654.5.C.1 and 9654.5.C.2 deprives such property of privileges enjoyed by other property in the vicinity and other retail developments.

(b)

The granting of the in-lieu fee payment request will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and other retail developments.

(c)

The strict interpretation and enforcement of subsections 9654.5.C.1 and 9656.5.C.2 of the zoning ordinance would result in practical difficulty or unnecessary hardship inconsistent with the objectives of this article; and

(d)

The granting of the in-lieu fee payment request will not be detrimental to the public health, safety or welfare, or materially injurious to the subject property or adjacent properties.

(Ord. No. 226U, § 2, 3-10-93; Ord. No. 265, § 2, 1-15-97; Ord. No. 11-386, §§ 3, 4, 6-8-2011)

A.

Purpose. The intent and purpose of this section is to provide properly designed off-street parking areas adequate in capacity, location and design to prevent traffic congestion.

The allocation of off-street parking is intended to provide a sufficient number of off-street parking spaces that are in proportion to the need created by the particular land use.

B.

Parking spaces required. The number of off-street parking spaces shall be no less than the following:

*Based on the average parking rate for fast casual, quality, high turnover-sit down, and fast-food with drive-through categories within the Institute of Transportation Engineers (ITE) Parking Generation Manual 5[th ] edition.

(Ord. No. 169, § 1, 4-11-90; Ord. No. 177, § 1, 11-14-90; Ord. No. 203, § 3, 10-9-91; Ord. No. 223, § 1, 1- 27-93; Ord. No. 226U, § 2, 3-10-93; Ord. No. 240, § 13, 9-8-93; Ord. No. 00-305 § 4, 1-10-2001; Ord. No. 03-317, § 1, 3-12-2003; Ord. No. 12-395, § B.3., 3-14-2012; Ord. No. 14-406, § 10, 5-14-2014; Ord. No. 21-456, § 11, 8-25-2021; Ord. No. 23-470, § 5, 6-28-2023)

DIVISION 5. - SIGN REGULATIONS[[17]]

Footnotes:

--- ( 17 ) ---

Editor's note— Ord. No. 19-444, § 3, adopted Oct. 23, 2019, amended Div. 5 in its entirety, in effect repealing and reenacting said division to read as set out herein. The former Div. 5, §§ 9655—9655.13, pertained to similar subject matter and derived from Ord. No. 05-330, § 1, adopted May 11, 2005; Ord. No. 06-340, § 1, adopted Dec. 13, 2006; Ord. No. 08-354, § 3, adopted Sept. 10, 2008; and Ord. No. 15-415, § 2, adopted Feb. 25, 2015.

The purpose and intent of these regulations is to establish uniform sign regulations to:

A.

Preserve and enhance the unique character and visual appearance of the city;

B.

Assure proper expression through visual communications involving signs that are compatible with the character and environment of the community;

C.

Enhance the visual quality of the city's scenic highways;

D.

Promote fairness in competition and retain identity in the business community while recognizing the importance of well-designed business signs;

E.

Recognize the integral part played by signs in the overall appearance of the city;

F.

Reduce possible traffic and safety hazards by prohibiting signs that are distracting to motorists;

G.

Recognize the function and importance of signs for businesses and the benefit of well-designed business signs to the community as a whole;

H.

Provide guidance and direction for sign users and sign designers as to what constitutes appropriate signs in the city;

I.

Implement the goals of the city's general plan, with particular regard to developing a city that is visually attractive and to preserving and enhancing the visual quality of the community's streets and highways; and

J.

Safeguard the life, health, property, and public welfare by regulating and controlling the design, quality of materials and construction, illumination, location, and maintenance of all signs in a content-neutral manner, while providing functional flexibility and promoting good design.

(Ord. No. 19-444, § 3, 10-23-2019)

No person shall place, erect, modify, alter or repaint, or permit the placement, erection, modification, alteration or repainting of any sign, unless otherwise specifically exempted by this part, without first obtaining a sign permit in accordance with the provisions of this division. All signs shall be erected and maintained in conformity with this division. The standards regarding number and size of signs regulated by this division are maximum standards unless otherwise stated.

(Ord. No. 19-444, § 3, 10-23-2019)

Notwithstanding the provisions of section 9120 et seq. of this article, for the purposes of this part, the following words and phrases are defined as follows:

A.

Area, sign means the area in square feet determined by drawing a line around the outer perimeter of the writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. If the sign consists of more than one (1) section or module, all of the area, including the area between the sections or modules, shall be included in the computation of sign area. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area. Only one (1) face of a double-faced sign with parallel opposing faces, and bearing identical copy shall be used in computing the area of a sign.

B.

Awning sign means any sign or graphic attached to, painted on or applied to an awning or awning canopy.

C.

Banner means a strip of cloth, thin plastic or other flexible material on which a sign is painted, printed, or otherwise displayed.

D.

BUG rating means the type and amount of light spillage from the fixture's source. The B in BUG represents the backlight. Backlight is the amount of stray light behind the light source. The U represents uplight, which is the amount of light that passes vertically beyond a horizontal plane of the light source, and G stands for glare, which is the light cast within a person's field of view where glare is produced.

E.

Candelas (cd) means the System of Units (SI) used to measure the brightness of a source of light (its luminous intensity).

F.

Candela per meter[2] (cd/m[2] ) means the units of luminous intensity in the International System of Units (SI), defined as the luminous intensity per unit area.

G.

Changeable copy sign means a sign or portion of a sign where it is possible to change the copy on a frequent basis.

H.

Commercial or business park complex means a group of two (2) or more tenants which are situated as an integral unit, on either a single parcel of land or separate parcels of land, where such businesses utilize common off-street parking or access.

I.

Director means the director of planning and community development or such director's designee.

J.

Externally lighted sign means a sign whose immediate source of illumination is not enclosed by the surface of the sign structure.

K.

Flag means a piece of fabric, usually rectangular in shape, that is usually displayed hanging free from a staff or pole, to which it is attached by edge so that it will float, play, or shake in an air current.

L.

Frontage, building means the exterior building wall facing or oriented towards a public or private right-ofway. The amount of frontage shall be measured continuously along such building wall for the entire length of the subject business or use.

M.

Frontage, primary means the frontage, which provides the subject building with its main or principal orientation to a public or private right-of-way, whether or not such frontage has a public entrance to the building. In shopping centers or multiple tenant buildings, the primary frontage shall be established as part of a sign program.

N.

Frontage, secondary means any frontage, other than the primary frontage, that has a public entrance to the subject building.

O.

Fully shielded (light fixture) means a light fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal. Any structural part of the light fixture providing this shielding must be permanently affixed, and part of the fixture, not part of any surrounding building or architectural elements.

P.

Halo illumination means a form of internal illumination where channel lettering is used and the light source is hidden behind and glows around the edges of letters or symbols giving the effect of a light halo.

Q.

Illuminance means the amount of light falling onto a unit area of the surface (luminous flux per unit area) - measured in foot candles.

R.

Inflatable sign means an object made of an airtight material, generally greater than eighteen (18) inches in diameter at its widest point, filled with air or gas to form a three (3) dimensional shape and used as a sign.

S.

Internally illuminated means illumination produced by a light source contained within a sign and not directly visible to the eye.

T.

Legal nonconforming sign means a sign that was originally erected or installed in compliance with all structural, locational, design, building, and electrical regulations at the time of its erection or installation, but which no longer conforms to the provisions of this division.

U.

Logo means an individual sign, separated from the business letters, consisting of any name, symbol, trademark, letter style, words, figures, or decorative motifs.

V.

Lumen means the unit of luminous flux; used to measure the amount of light emitted by lamps.

W.

Luminance means the intensity of light reflected or emitted from a unit area of surface, such as a sign face - measured in cd/m[2 ] .

X.

Monument sign means a sign that is a ground-mounted sign, completely self-supporting, with a solid base separating the sign copy from the grade. A monument sign can be single-sided or double-sided and only back-to-back faces shall constitute one (1) monument sign.

Y.

Neon sign means an illuminated sign affected by a colorless, odorless light source consisting of a neon or gas tube, which is bent to form letters, symbols or other shapes.

Z.

Outdoor advertising display, structure or sign means a commercial sign placed for the purpose of advertising products or advertising services that are not produced, stored, or sold on the property upon which the sign is located. This shall also mean a billboard.

AA.

Pole sign means a freestanding sign that is supported by one (1) or more poles or uprights on the ground.

BB.

Portable sign means any sign that is not permanently attached to the ground or any structure and is capable of being moved, including but not limited to "A-frame," "H-frame" or "sandwich board" type signs. A portable sign is not a temporary window sign as provided in section 9655.10.A.

CC.

Projecting sign means a sign other than a wall sign suspended from or supported by a building or structure and projecting outward more than twelve (12) inches therefrom and perpendicular to the building.

DD.

Revolving sign means a sign that turns around or rotates, as on an axis.

EE.

Roof sign means a sign that is mounted on the roof of a building, or which is dependent upon a building for support, and which projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof. Signs placed on flat surface integrated into the mansard roof design shall not be considered roof signs.

FF.

Sign means any name, figure, painting, character, outline, spectacle, display, delineation, announcement, advertising, billboard, signboard, device, appliance or any other thing of similar nature to attract attention outdoors or on the face, wall or window of any building, and shall include all parts, portions, units and materials composing the same, together with the frame, background, support and anchorage therefor which is visible from outside the property. For the purpose of this part, a sign is not a sign if it is inside a building, located more than three (3) feet behind a window, and not facing a window in such a way as to be viewed from an outside public area.

GG.

Sign face means the surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frame and the background.

HH.

Single tenant building means a building used by one (1) occupant for an individual business.

II.

Temporary sign means any sign addressed in section 9655.10 and capable of being viewed from any public right-of-way, parking area, or neighboring property. A temporary sign is any sign consisting of cloth, canvas, light fabric, cardboard, wallboard, poster board, paint or other dispensable materials, with or without frames, and mounted or painted, if on a window, in a nonpermanent manner.

JJ.

Under canopy sign means a sign attached to or suspended from the underside of a projecting canopy protruding over a public or private sidewalk or right-of-way.

KK.

Wall sign means a sign attached to or erected on the exterior wall of the building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall.

LL.

Window sign means a temporary or permanent sign painted or attached to or within three (3) feet of the inside of the window upon the premises where the sign is displayed.

MM.

Yard sign means a temporary sign placed in the ground or attached to posts, or poles and is not attached to any building. A yard sign is not a portable sign as defined in section 9655.2.BB.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 4, 5-22-2024)

Except as otherwise provided in this division, the following signs are prohibited:

A.

Outdoor advertising displays, structures or signs.

B.

Portable signs.

C.

Exposed neon, flashing, or scintillating signs.

D.

Revolving signs.

E.

Any placard, bill, card, poster, sticker, banner, flag, sign, or other device affixed or attached to or located upon any public right-of-way area including street, walkway, crosswalk, curb, lamppost, hydrant, tree, telephone booth or pole, lighting system or any fixture of the police or fire alarm system. This prohibition does not apply to required government signs.

F.

Devices projecting or otherwise producing the image of a sign, as defined in section 9655.2.FF., on any surface or object.

G.

Signs that project or encroach into any existing or future public right-of-way.

H.

Automatic changing signs or electronic message signs.

I.

Streamers, banners, balloons, flares, flags, pennants, propellers, twirlers, and similar attention-getting displays or devices except as allowed by section 9655.10 (temporary signs).

J.

Pole signs, except for on-site directional signs.

K.

Signs or sign structures which by colors, wording, or location resemble or conflict with traffic control signs or devices.

L.

Signs that create a safety hazard by obstructing the view of pedestrian or vehicular traffic.

M.

Sign structures and supports no longer in use, for a period of sixty (60) days, by the owner, tenant, or lessee.

N.

Signs painted directly on an exterior wall, fence, fascia or parapet.

O.

Signs that display an obscene message or graphic representation of nudity or sexual acts.

P.

Roof signs.

Q.

Awnings that are internally illuminated.

R.

Inflatable signs.

S.

Signs that are installed after this date that do not conform to the provisions of these sections are prohibited.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 5, 5-22-2024)

A.

Sign area. The maximum allowable sign area shall be determined by drawing a line around the outer perimeter of the writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. If the sign consists of more than one (1) section or module, all of the

area, including the area between the sections or modules, shall be included in the computation of sign area. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area. Only one (1) face of a double-faced sign with parallel opposing faces, and bearing identical copy shall be used in computing the area of a sign.

B.

Sign height for ground-mounted signs. The maximum allowable sign height for ground-mounted signs shall be measured by the distance from the average adjacent ground level within five (5) feet of the base of the sign to the top of the sign.

C.

Sign lighting. No sign shall be illuminated after 11:30 p.m. or close of business, whichever occurs last.

D.

Owner's consent required. The consent of the property owner or person in control or possession of the property is required before any sign may be erected on any private property in the city.

E.

Obstruction of public passage. No signs shall be installed so as to obstruct any window, door, fire escape or other emergency exit of any building.

F.

Maintenance of signs. All signs shall be maintained in a neat and attractive, well-repaired condition. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair.

G.

Prohibited locations. No signs shall be located in such a manner as to face in the direction of or be visible to property in a residential district when such sign would be less than two hundred (200) feet from such residential property unless such sign faces and is parallel to a public right-of-way.

H.

Any noncommercial message may be substituted for the copy of any commercial sign allowed by this chapter. Any sign displaying a noncommercial message shall be deemed to be on-site.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 6, 5-22-2024)

9655.5. - Application and review procedures for permanent signs.

A.

Sign permit. Permanent signs shall only be constructed, displayed or altered with sign permit approval by the director or appropriate decision-making body. Sign permits shall be prepared, filed, processed, and approved or denied in compliance with this section. In addition to a sign permit, permanent signs may be subject to the issuance of a building permit if required by the Building Code.

B.

Application. An application for a sign permit shall be made on the form provided by the department of planning and community development and shall be accompanied by the required fee. Such application shall set forth and contain the following information and materials:

1.

The location and size of any existing or proposed buildings or structures on the property, which are or will be under the ownership or control of the applicant.

2.

When applicable, the location of off-street parking facilities, including major points of entry and exit for motor vehicles where signs are proposed.

3.

The position of the proposed sign and its relationship to existing or proposed adjacent buildings and structures, which are or will be under the ownership or control of the applicant.

4.

The proposed design, size, exact colors, materials, orientation, and location of the sign or sign structure.

5.

The method of attachment to any structure.

6.

A statement showing sizes and dimensions of all other signs existing on the property under the ownership or control of the applicant.

7.

A statement showing the size and color relationships of such sign or sign structure to the appearance and design of existing or proposed buildings and structures on the property.

8.

Photographs of all sides of any building and renderings or photo simulations of proposed buildings.

9.

Such other information as the department of planning and community development may require to secure compliance with this division.

C.

Review and approval authority. A sign permit shall be approved or disapproved by the director in compliance with the criteria set forth in subsection D below and the provisions of this division.

D.

Criteria. The following criteria shall be the only criteria used in reviewing an application for a sign permit:

1.

That the sign is consistent with the provisions of this division;

2.

That the location and orientation of the proposed sign, as well as the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions), are legible under normal viewing conditions prevailing where the sign is to be installed;

3.

That the proposed sign is consistent with the sign standards found in sections 9655.6 and 9655.7;

4.

That the proposed sign is consistent with the adopted sign design guidelines available at the planning and community development public counter.

E.

Findings for denial. If a sign permit application is denied, specific and detailed findings setting forth the reasons why the proposed sign violates the criteria set forth above in subsection D. or other provisions of this division shall be prepared in writing and mailed to the applicant or their agent and sign contractor within thirty (30) calendar days.

F.

Appeals. Any decision made by the director or the planning commission may be appealed in accordance with section 9655.14. The decision of the city council on any appeal shall be final.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 7, 5-22-2024)

A.

Sign integration requirement. All permanent signs shall be designed as an integral part of the total building design.

B.

Number of colors. All permanent signs, except as hereinafter provided, shall contain no more than three (3) different colors. Different shades shall be considered separate colors. The planning commission may consider a sign program with a multi-color sign palette utilizing a maximum of five (5) colors. For the purposes of this section, black and white shall be considered colors. Logos with registered trademarked colors are exempt from this provision.

C.

Types of material. The types of materials for sign structures shall, if possible and practicable, be compatible with materials used in the related buildings.

D.

Illumination of signs.

1.

Director review. Unless otherwise prohibited by this part, signs may be illuminated subject to the review and approval of the director to ensure that such illumination does not create any public safety hazards. The approval of any illuminated sign shall not be final until thirty (30) days after installation during which period the director may order the dimming of any illumination found to be excessively bright. Illumination shall be considered excessively bright when it prevents the perception of objects or buildings beyond or in the vicinity of the sign. In no case shall an illuminated sign or lighting device be placed or directed as to permit the beams and/or illumination therefrom to be directed or beamed upon a public street, walkway, or adjacent properties so as to cause glare or reflection that may constitute a traffic or safety hazard.

Standards for illumination of signs. Sign lighting shall be subject to the standards below:

a.

Externally illuminated signs.

i.

Externally mounted light fixtures shall be fully shielded to eliminate unnecessary backlight, uplight, or glare (BUG) and have an uplight (U) BUG Rating of U=0.

ii.

Externally illuminated light fixtures shall not exceed a color temperature of 3000 Kelvin (K)

iii.

Externally illuminated light fixtures shall be restricted to white bulbs only.

b.

Internally illuminated signs.

i.

Signs can be halo or concealed internally illuminated. Internal illumination can be used only when it is limited to lighting the sign letters and any state and/or federal registered trademark.

ii.

Lighting used for internally illuminated signs shall be restricted to white bulbs only.

iii.

Halo-illuminated signs shall not exceed a color temperature of 3000 Kelvin (K).

iv.

Internally illuminated signs shall not exceed a color temperature of 4000 Kelvin (K).

c.

Sign brightness.

i.

The maximum luminance value for any portion of a sign shall be 700 cd/m[2 ] . This includes any point within a sign face no matter the color and is inclusive of glare points on externally illuminated signs.

ii.

Average Brightness. The maximum average luminance within a sign face shall be 300 cd/m[2 ] . The average luminance within a sign face shall be calculated by adding together the luminance value of each unique illuminated sign feature or color, and then dividing the total luminance value by the total number of unique illuminated sign features or colors. (e.g., if a sign's lettering is entirely red with a luminance value of 200 cd/m[2 ] , while the sign's logo is entirely green with a luminance value of 300 cd/m[2 ] , the average luminance of the sign would be 250 cd/m[2 ] ).

iii.

For the purpose of compliance with this section, luminance values shall be measured fifty (50) feet from the face of a sign.

d.

Automatic dimmer control. All sign lighting must be equipped with:

i.

An automatic dimmer control to produce the illumination change required by subsection (c) of this section; and

ii.

A means to immediately turn off the display or lighting if the illuminated sign malfunctions.

E.

Screening. To minimize the visual mass and projection of the sign, all electrical transformer boxes and raceways shall be concealed from public view. If a raceway cannot be mounted internally behind the finished exterior wall, the exposed metal surfaces of the raceway shall be finished to match the background wall, or integrated into the overall design of the sign. All exposed conduit shall also be concealed from public view.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 8, 5-22-2024)

9655.7. - Standards for specific types of permanent signs.

The following standards are in addition to the standards set forth in section 9655.6 above.

A.

Wall signs.

1.

Location. The sign shall not be placed to obstruct any portion of a window, doorway, transom, or other architectural detail.

Maximum area and height. The maximum area and height shall be as defined in section 9655.8, permanent sign entitlement by land use. In no case shall the sign project above the edge of the roof of a structure.

3.

Projection from wall. The sign shall not project from the surface upon which it is attached more than required for construction purposes and in no case more than twelve (12) inches.

B.

Monument signs.

1.

Location. The sign shall be located a minimum of five (5) feet from any property line abutting a public or private street and shall comply with city standards for vehicular sight distance at the driveway intersection with the frontage street as determined by the city traffic engineer.

2.

Maximum area. The sign shall be a maximum of forty-eight (48) square feet in area. Only one (1) side of a double-faced (back to back) sign shall be included when calculating sign area. Sign area calculations shall not include architectural treatments or support structures.

3.

Maximum height. The maximum height of a monument sign shall be six (6) feet. Architectural treatments or support structures shall be included in the height measurement. The maximum allowable sign height shall be measured as the vertical distance from grade adjacent to the base of the sign footing, to the top of the sign, including the support structure and any design elements. In no case shall an artificial grade be established for the sole purpose of elevating the grade adjacent to the base of the sign footing for purposes of sign measurement.

4.

Materials and lighting. The use of plastic material as a background is not permitted. The sign background material shall be opaque, which means that any interior light source shall not penetrate the material and illuminate the background but shall be limited to illuminating the sign letters.

5.

Landscape requirements. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one (1) face of the sign. The director may reduce or waive this requirement on sites with existing landscaped setbacks pursuant to division 6 (section 9676 through 9676.7) and section 9655.12.C.

C.

Awning and canopy signs. Signs on awnings and canopy signs may be allowed only as an integral part of the awning or canopy to which they are attached or applied, as follows.

1.

Location. Signs may be placed only on awnings that are located on first story building frontages, including those fronting a parking lot or pedestrian way.

2.

Maximum area. The sign area devoted to awning and canopy signs shall be included in calculation of the maximum allowable wall sign area pursuant to section 9655.8 B.1.

3.

Overhead clearance. No structural element of an awning or canopy shall be located lower than eight (8) feet above finished grade.

4.

Sign text or logo area shall not occupy more than thirty (30) percent of the awning panel.

5.

Lighting. Awnings shall not be internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.

6.

Required maintenance. Awning and canopy signs shall be regularly cleaned and kept free of dust and visible defects.

D.

Under canopy signs.

1.

Location. The sign shall be placed or hung only on a ground floor facade, near the main entrance of each leasable tenant space.

2.

Overhead clearance. The lowest point of an under canopy sign shall be no lower than eight (8) feet above finished grade.

3.

Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign.

E.

Projecting signs.

1.

Maximum area. The sign area devoted to projecting signs shall be included the calculation of the maximum allowable wall sign area pursuant to section 9655.8 B.1. Size uniformity should be maintained along street frontages to the greatest extent possible. The text, copy and logo should not exceed seventy-five (75) percent of the sign background.

2.

Overhead clearance. The lowest point of a projecting sign shall not be lower than eight (8) feet above the ground level.

3.

Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign.

F.

Window signs. Window signs that are permanent and either painted on or affixed to the window, and which are visible from the public right-of-way or public areas, shall be allowed in addition to the total authorized sign area pursuant to section 9655.8 B.1. The cumulative sign area of this type of window sign shall not exceed five (5) square feet of the total window area. The total window area shall include the aggregate square footage of the vertical glass areas in the windows and entry doors in each individual storefront or tenant space. Exposed neon illumination, exposed fluorescent illumination and scintillating, flashing, animating or revolving signs are prohibited. Window signs are not subject to a sign permit.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 9, 5-22-2024)

9655.8. - Permanent sign entitlement by land use.

A.

Residential land use districts.

1.

Multi-family developments. One (1) monument sign, maximum forty-eight (48) square feet and six (6) feet in height, may be erected on each public street frontage upon which the complex has public access. In addition, interior signs which are visible from any public right-of-way, may be approved by the director provided that such signs do not exceed six (6) square feet in area and four (4) feet in height. Interior signs not visible from any public right-of-way shall not be subject to the requirements of this paragraph.

B.

Commercial, business park and planned development land use districts.

1.

Wall signs for business park, office and retail uses. Each tenant shall be limited to one (1) wall sign per primary frontage integrated into the design of the building. Except as otherwise provided by this part, the

following sign area limitations shall also apply:

a.

Office buildings shall be limited to one (1) sign.

b.

One (1) square foot of signage is allowed per each linear foot of storefront, tenant space, or primary building frontage.

c.

For each tenant located within one hundred (100) feet of any public or private street the maximum sign area shall not exceed fifty (50) square feet. For each tenant located more than one hundred (100) feet from any public or private street, the maximum sign area shall not exceed seventy (70) square feet.

d.

For tenants located in a multi-tenant building or center, the maximum sign length shall not exceed sixty-five (65) percent of the length of the tenant space in order to provide clear definition between signs and avoid a crowded appearance. Each sign shall be generally centered over the storefront or tenant space.

e.

Major tenants in shopping centers. The maximum allowable wall sign area for major tenants in shopping centers, which have a frontage greater than one hundred (100) feet, shall not exceed one (1) square foot of sign area for each foot of primary building frontage. In no event, however, shall the sign exceed two hundred (200) square feet.

f.

Businesses located on second floor in shopping centers. Businesses maintained exclusively on the second floor of a two-story commercial center building may be allowed one (1) wall sign, provided that the square footage of the wall sign not exceed one-quarter of the tenant frontage, or a maximum of ten (10) square feet, whichever is greater.

g.

Frontage on two (2) or more streets. A business located in a commercial or business park building having frontage on more than one (1) street may use the applicable maximum allowable wall sign area in section 9655.8.B.1. on one (1) frontage and one-half of the allowance on the second frontage. Said allowance shall only be utilized on the frontage on which the allowance is based.

h.

Two (2) or more public entrances. A business with a public entrance on a secondary frontage on a parking lot may have a sign located on such frontage which does not exceed ten (10) square feet.

i.

Freeway facing signage. Subject to approval of a sign program, all buildings in commercial, business park, or planned development land use districts, which either directly back or side upon Highway 101, may be permitted a total of one (1) freeway-facing sign, which shall not exceed twenty-five (25) square feet in size . The freeway-facing sign may be increased up to fifty (50) square feet in size in lieu of a sign intended to be on the primary frontage. A maximum of one (1) freeway-facing sign shall be allowed for a tenant occupying multiple buildings in a business park or commercial complex. This provision does not apply to those buildings or uses, which are separated by a public frontage road from the freeway.

2.

Monument Signs. In addition to the wall sign allowances in section 9655.8.B.1, monument signs are allowed as follows:

a.

Commercial center and business park with common name. Any commercial center and business park that has a common name is permitted one (1) monument sign.

b.

Commercial centers and business parks with frontage on two (2) or more streets. Any commercial center or business park with an access driveway on a public street frontage is permitted one (1) monument sign for each public street frontage with an access driveway.

c.

Single tenant building or office building. For a single business totally occupying a building, which is not part of a larger complex, project, center or park, one (1) freestanding monument sign is permitted.

3.

Other signs. In addition to the wall sign allowances in section 9655.8.B.1., the following signs on awnings, projecting signs, under canopy signs, permanent window signs, and signs at drive-thru lanes or windows are allowed:

a.

Signs on awnings. Painted, non-illuminated signs may be permitted on the borders of marquees, canopies, awnings, arcades, or similar structures or attachments. Such signs shall be counted toward the maximum wall sign area allowance pursuant to section 9655.8.B.1.

b.

Projecting signs and under canopy signs. One (1) projecting sign or under canopy sign shall be permitted. Such signs shall be counted towards the maximum wall sign area allowance pursuant to section 9655.8.B.1.

c.

Permanent window signs. Window signs are allowed pursuant to section 9655.7.F. as permanent signs. Window signs are not subject to a sign permit.

d.

Signs at a drive-thru lane or window. For a drive-thru facility, in addition to the signs allowed by section 9655.8.B., two (2) changeable copy signs with a maximum area of thirty (30) square feet each, a maximum height of seven (7) feet, and oriented internally away from the street are permitted.

C.

Gasoline service stations. Gasoline service stations are allowed the following signs, in accordance with state law:

1.

One (1) monument sign as allowed in section 9655.8.B.2. and one (1) changeable copy sign per street frontage, placed on the ground, not to exceed twenty (20) square feet in area and six (6) feet in height. Such sign shall comply with Business and Professions Code Section 13530 et seq. Digital lighting used for the text of changeable copy signs shall be restricted to white bulbs only. The changeable copy sign may be integrated into a monument that complies with the provisions of section 9655.8.B.2.

2.

Two (2) accessory wall signs. One accessory wall sign shall not exceed fifteen (15) square feet in size and the other accessory wall sign shall not exceed ten (10) square feet in size.

3.

Sign at fuel dispenser. A maximum of one (1) sign shall be allowed on or above the actual fuel dispensers not to exceed two (2) square feet in area.

4.

One (1) island canopy sign per street frontage. The sign shall not exceed the height of the fascia and ten (10) square feet in size.

D.

See chapter 5, part 6, for sign regulations for properties located in the Old Agoura Design Overlay District.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 10, 5-22-2024)

A.

Purpose. A sign program is intended to (1) integrate the design of the signs proposed for a development project with the design of the structures, into a unified architectural statement; and (2) provide a means for defining common sign regulations for multi-tenant projects and other users of multiple signs, in order to

encourage maximum incentive and latitude in the design and display of multiple signs, and to achieve, not circumvent, the intent of this chapter. For the purposes of this provision, a development project is a project involving the construction or remodeling of improvements on privately-owned property.

B.

Applicability. The approval of a sign program shall be required under the following circumstances, or whenever an applicant applying for a land use entitlement requests the approval of a sign program:

1.

New multi-tenant developments of three (3) or more separate tenants that share either the same parcel or structure and use common access and parking facilities.

2.

Whenever five (5) or more permanent signs are proposed for a new or existing development in the multifamily, business park, commercial, or planned development zones;

3.

When an existing shopping center requests an increase in the size, height, location, and number of monument signs pursuant to a landscape management agreement as specified in section 9655.12.C.

4.

Freeway facing signs pursuant to section 9655.8.B.1.i.

5.

Certain monument signs and sign materials pursuant to section 9553.5.A. and C. in the Old Agoura Design Overlay.

6.

Increase in the number of sign colors allowed pursuant to section 9655.6.B.

7.

The director determines that a sign program is needed to ensure compliance with the provisions of this chapter.

C.

Review and approval authority. The planning commission shall have the authority to review and approve a sign program.

D.

Application requirements. An application for a sign program shall include all information and materials listed in section 9655.5 and the filing fee set by the city's fee resolution.

E.

Standards. A sign program shall comply with the criteria established in section 9655.5.D. and the following standards:

1.

The program shall comply with the purpose of this chapter;

2.

The program shall be designed in a manner to be able to accommodate future revisions that may be required because of changes in use or tenants; and

3.

The program shall comply with the standards of this chapter, except that a variance or modification is allowed with regard to sign area, number, location, or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the intent of this division.

F.

Public hearing on proposed sign program.

1.

A public hearing shall be scheduled and notice shall be provided pursuant to section 9804 et seq.

2.

The planning commission may approve, conditionally approve or deny a proposed sign program. The planning commission shall not approve the application unless the following findings are made:

a.

The location of the proposed signs and the design of their visual elements are legible under normal viewing conditions prevailing where the sign is to be installed. Legibility shall be determined based solely on the elements of lettering, colors, decorative motifs, spacing, and proportion.

b.

The location and design of the proposed signs, their size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area. Compatibility shall be determined based solely on the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size, and the size and style of lettering. c. The proposed sign program is consistent with the City's adopted sign design guidelines and any applicable design guidelines in any adopted specific plan.

G.

Revisions to sign programs. Revisions to an existing sign program determined to be minor in nature may be approved by the director with a standard sign permit if the intent of the original approval is not affected.

Revisions that would substantially deviate from the original approval shall require the approval of a new comprehensive sign program approved by the planning commission.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 11, 5-22-2024)

A.

Temporary window signs. Temporary non-illuminated window signs are allowed in the commercial, business park, and planned development zones and are allowed in addition to the total authorized sign area but shall not exceed twenty-five (25) percent of the total window area; shall not exceed one (1) sign per window panel; and shall not exceed fifty (50) percent of any individual window panel. The total window area shall include the square footage of the aggregate vertical glass areas of windows and entry doors in each individual storefront or tenant space that are parallel to the primary street frontage serving the property. If more than one (1) street frontage serves the property, for purposes of displaying temporary window signs the primary street frontage may be determined by the business owner. Said signs may be displayed on any window; shall be measured as defined for sign area in this article; and shall be compatible in terms of colors with the permanent signs, except fluorescent colors shall be prohibited. A sign permit is not required for these signs.

B.

Yard signs.

1.

Residential and open space zones. A maximum of two (2) yard signs per lot not exceeding six (6) square feet in area and six (6) feet in height for each sign are allowed in the residential and open space restricted zones for a period not exceeding one hundred twenty (120) days in twelve (12) consecutive months. The planning director may approve an additional one hundred twenty (120) days for the display of yard signs during the time of residential real estate marketing upon submittal of evidence of active sale, rent, or lease by the property owner. A sign permit is not required for these signs.

2.

Commercial, business park, and planned development zones, with the approval of a sign permit. During the time that valid building permits exist for new construction or remodel, up to two (2) temporary yard signs, one not exceeding thirty-two (32) square feet in area and another not exceeding twenty-five (25) square feet, are permitted on the lot per street frontage. Such signs shall not exceed six (6) feet in height and removed before notice of completion is issued for the building(s) being constructed.

C.

Charitable or community events. For a maximum thirty-day period prior to a charitable or community event occurring within the boundaries of the city and three (3) days after such event, one (1) temporary sign or banner not exceeding twenty (20) square feet may be displayed at a commercial complex in the commercial shopping center - mixed use (CS-MU) zone along each street frontage for a maximum of thirty-

three (33) days per event. In addition, such sign or banner may be displayed at the site of the event. Such signs and banners are in addition to all other signage allowed in this chapter. Such signs and banners shall not be illuminated or posted on trees, fence posts or public utility poles, or located within any public rightof-way. A sign permit is not required for these signs or banners.

D.

New tenancies.

1.

During a period of ninety (90) consecutive days from the issuance of the sign permit, the director may approve one (1) banner not exceeding twenty (20) square feet in area for any pending or recent occupancies of new tenant spaces on a parcel in which the tenancy is located in the commercial, business park, and planned development land use districts. Such signs may consist of one (1) banner on the exterior wall of the building within which the subject tenancy is located. The content of the banner may be changed during the ninety-day period.

2.

In addition, during the first four (4) days of a grand opening event, captive balloons, without regard to number, may be permitted provided that such balloons do not extend beyond the lowest point of the roofline of the business, obstruct other business in the vicinity, or interfere with pedestrian or vehicle traffic. No mylar or metallic balloons are allowed.

E.

Commercial and industrial real estate marketing period.

1.

Temporary on-site signs are allowed on properties in the commercial, business park, and planned development land use districts during the period of time when such properties are for sale, lease or rent on that parcel, if the property owner obtains a sign permit pursuant to the following requirements:

a.

One (1) sign per parcel; or

b.

One (1) sign per street frontage.

c.

Ground mounted signs shall not exceed three (3) feet by three (3) feet, or a total of nine (9) square feet in area and four (4) feet in height if attached to the ground by a pole(s) or other support structure.

d.

Wall or window signs shall not exceed two (2) feet by two (2) feet, or a total of four (4) square feet in area. Each sign shall be designed and located in a manner satisfactory to the director. No sign shall be illuminated and no banners are allowed. No other temporary yard signs shall be allowed beyond those allowed by this provision.

F.

Election periods. During the period from thirty (30) days before and seven (7) days after a local, state, or national election, additional temporary signs, not exceeding six (6) square feet in sign area and six (6) feet in height, are allowed on private property in all zones. A sign permit shall not be required for a temporary sign during this period.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 12, 5-22-2024)

9655.11. - Exempt signs.

The following are exempt from the requirements of this division.

A.

Government-maintained signs. Government-maintained signs include signs erected and maintained by the City of Agoura Hills, the State of California or the County of Los Angeles and used for public safety, temporary traffic control, public works or utility construction and maintenance.

B.

Flags. Flags that meet the following criteria are exempt from the requirements of this division:

1.

A maximum vertical dimension of five (5) feet;

2.

A maximum horizontal dimension of eight (8) feet;

3.

A maximum cumulative square footage of a flag on a parcel of forty (40) feet (one (1) side);

4.

A maximum of one (1) flag pole per developed site; and

5.

A maximum height of thirty-five (35) feet in the commercial, business park, and planned development zones and a maximum height of twenty-five (25) feet in the residential and open space-restricted zones. Flag poles are subject to the issuance of a building permit.

C.

Required signs. Official notices required to be posted by law, court, or other government agency.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 13, 5-22-2024)

9655.12. - Administration and enforcement.

A.

Duty to enforce. The director shall have the duty to enforce the provisions of this part.

B.

Modifications to sign standards.

1.

The director may administratively approve up to a ten-percent increase in the size of wall signs and the size and height of monument signs. This approval shall not be subject to the requirements in sections 9676 through 9676.7.

2.

Where an applicant is faced with exceptional circumstances related to the type or location of its business or is trying to achieve a special design effect the director may approve a sign modification for an increase from eleven (11) to fifteen (15) percent in the size of wall signs and the size and height of monument signs.

3.

The applicant shall have the burden of proving that:

a.

The sign is or will not be detrimental to surrounding uses or properties or the community in general; and

b.

The approval of such modification is consistent with the purposes of the general plan and this part, the sign criteria set forth in section 9655.5.D., and the adopted sign design guidelines and/or the design guidelines in any adopted specific plans.

4.

A sign modification shall be processed pursuant to division 6 (section 9676 through 9676.7).

5.

A request for an increase in size or height of a wall or monument sign by more than fifteen (15) percent, a request for additional signs, or a request to allow the relocation of signs shall be made as an application for a variance.

C.

Special consideration for additional signs with landscape maintenance agreement. To avoid conflicts between the visibility of signs in existing shopping centers and the city's parking lot shade coverage requirements, the planning commission may approve a modification to an existing sign program or a new sign program for an existing retail center or complex to allow modifications to the size, height, number, and location of monument signs if the property owner enters into a landscape maintenance agreement with the city. The landscape maintenance agreement shall among other items, include a provision to ensure that proper tree trimming methods are utilized. All proposed signage shall meet the following criteria:

1.

The sign shall not be detrimental to surrounding uses or properties or the community in general; and

2.

The approval of such modification shall be consistent with the purposes of the general plan and this part, the sign criteria set forth in subsection 9655.5 D. and the adopted sign guidelines.

D.

Removal of unsafe signs. Any sign that presents an immediate danger to the public health or safety may be removed by the city without prior notice. Alternatively, the director may issue a notice of violation and give the permit holder, property owner, or person in possession and control of the property forty-eight (48) hours to cure the violation. In the case of an unsafe sign removed by the city, the costs of such removal and storage shall be borne by the permit holder, property owner, or person in possession and control of the property, as applicable and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign, which has been removed and stored by the city, shall be released until the costs of removal and storage have been paid. If an unsafe sign remains unclaimed for a period of thirty (30) days after notice of removal is sent to the permit holder, property owners, or person in possession and control of the property, it shall be deemed to be unclaimed personal property and disposed of in accordance with the law.

E.

Removal of illegal signs on public property. The director shall remove or cause to be removed any sign unlawfully placed or located on public property or in a public right-of-way. The director shall notify the owner of such sign, if such owner is known, that its sign is being held at city hall and that it will be destroyed if not claimed by the owner within ten (10) days after the date of such notice. In the event that the owner does not claim such sign within said ten-day period, the director may destroy or otherwise dispose of such sign.

F.

Violations. Violation of this chapter is a misdemeanor unless otherwise charged by the prosecuting attorney as an infraction and shall be punishable as provided in section 1200(b) of this Code.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 14, 5-22-2024)

9655.13. - Nonconforming signs.

This section recognizes that the eventual elimination of existing signs that are not in conformity with the provisions of this chapter is as important as the prohibition of new signs that would violate these regulations.

A.

Continuation of a legal nonconforming sign. A legally established sign that does not conform to the provisions of this chapter may continue to be used, except that the sign shall not be:

1.

Structurally altered to extend its useful life;

2.

Expanded, moved, or relocated;

3.

Re-established after a business has been discontinued for sixty (60) days or more; or

4.

Re-established after damage or destruction of more than fifty (50) percent of the sign value, as determined by the director.

B.

Sign copy changes. The sign copy and sign faces of a nonconforming sign may be changed upon obtaining a sign permit provided that the change does not include a structural change in the display.

C.

Correction of nonconformities required. Approval of any buildings on a site or a change in the land use on a site shall require that all nonconforming signs on the site be brought into conformity with this chapter.

D.

Within sixty (60) days after a tenant vacancy in any commercial or industrial zone, all signs and support structures related to the prior tenant shall be removed.

(Ord. No. 19-444, § 3, 10-23-2019; Ord. No. 23-472, § 15, 5-22-2024)

A.

Any person seeking to appeal any decision of the director or planning commission must file a written notice of appeal with the city clerk and pay the applicable appeal fee established by city council resolution no later than fifteen (15) days after the date of the notice of the decision. The appeal notice shall state, with specificity, the factual and legal basis of the appeal. The city clerk shall expeditiously schedule a hearing

before the city council and notify the appellant, in writing, of the day, time and location of the hearing, which shall be held not later than thirty (30) days after the notice of appeal is received by the city; provided, however, the hearing may be held after such thirty-day period upon the request or concurrence of the appellant. The time for compliance of any original order shall be stayed during the pendency of the hearing before the city council.

B.

The city council or planning commission shall provide the appellant with a written decision within ten (10) working days of the conclusion of the hearing. In the event any such sign approval, denial or revocation, or remediation or removal order is upheld by the city council, the approval, denial, revocation or order shall be effective on the date of the action by the city council, and that action shall be final and conclusive.

(Ord. No. 19-444, § 3, 10-23-2019)