Part 18 — MEDICAL AND ADULT CANNABIS CULTIVATION, MANUFACTURING AND DISTRIBUTION

The purpose of regulating commercial cannabis production activity (as defined in Chapter 127 of the City Municipal Code) is to comply with California state law in a manner designed to minimize negative impact on the city, and to promote the health, safety, morals, and general welfare of residents and businesses within the city. (Ord. 1461, passed 11-3-21; Am. Ord. 1501, passed 4-5-23)

(A) Chapter 127: Medical and Adult Use Commercial Cannabis Production. All commercial cannabis production activity shall comply with all applicable provisions of Title XI, Chapter 127, Medical and Adult Use Commercial Cannabis Production, of the City Municipal Code.

(B) Outdoor cultivation. Owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the city to use or allow such premise to be used for the outdoor cultivation of cannabis plants is prohibited in the city.

(C) Development agreement required. Prior to operating in the city and as a condition of issuance of a permit, the applicant shall enter into a development agreement (as governed by California Government Code §65864, et seq.) with the city setting forth the terms and conditions under which the facility will operate that is in addition to the requirements of Title XI, Chapter 127 , including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan, and elevation, to conform with manufacturing uses under the BPMC), and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the city.

(D) Maximum number of commercial cannabis permits. No more than 25 permits issued pursuant to Title XI, Chapter 127, each with a maximum of 22,000 square feet of permitted commercial cannabis production activity may

be allowed, maintained, or operated in the city at any time; except that, distribution only, shall be allowed a maximum of 40,000 square feet.

(E) Security. All security requirements set forth in Title XI, Chapter 127, Medical and Adult Use Commercial Cannabis Production, of this code are applicable.

(Ord. 1461, passed 11-3-21; Am. Ord. 1501, passed 4-5-23)

The development standards set forth in subchapter 153.050, Commercial and Industrial Zones, shall apply to commercial cannabis facilities, unless otherwise specified here. The location and types of commercial cannabis facilities shall be limited as follows:

(A) Proximity to schools, day-care centers, or youth centers. A commercial cannabis facility shall not be located within 600 feet of a school, day-care center, or youth center.

(B) Proximity to residential zoning districts. A commercial cannabis facility shall not be located within 50 feet from a dwelling unit within a residential zone; except that commercial cannabis distribution may be allowed within a proximity of 24 feet from a dwelling unit within a residential zone. However, when the commercial cannabis activity is exclusively manufacturing food and/or edible cannabis products and no other products, and there is no on-site extraction of cannabis or cannabis products, the proximity may be 25 feet of a dwelling unit within a residential zone. (C) Maximum square footage. Each approved permit shall not exceed 22,000 square feet of commercial cannabis floor area; except that commercial cannabis distribution may be allowed not to exceed 40,000 square feet of commercial cannabis floor area.

(D) Facility. A commercial cannabis facility shall comply with the following:

• (1) All activity shall occur in an enclosed locked structure. Locks shall be of commercial grade. Residential door locks are prohibited.

(2) From a public right-of-way, there should be no exterior evidence of the manufacturing, cultivation and/or distribution of medical and adult use cannabis.

(3) All licensed premises shall comply with the city’s lighting standards including, without limitation, fixture type, wattage, illumination levels, and shielding and secure the necessary approvals and permits, as needed.

• (4) All windows on the licensed premises shall be appropriately secured and all cannabis securely stored.

(5) All operations conducted within a licensed premises, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes.

(6) Areas that are wet locations, and the electrical system in such areas must comply with Title 8 of this code, Article 300.6(0) of the National Electric Code, city and California building codes, fire codes, electrical codes, and all other applicable laws.

(7) Licensed premises are permitted under this chapter under a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction shall be fire sprinkled per the Fire Code. For all commercial cannabis facilities that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

• (a) A Group F-1 fire area exceeds 12,000 square feet.

• (b) A Group F-1 fire area is located more than three stores above grade plane.

• (c) The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet;

(8) All licensed manufacturing and cultivating premises shall possess air scrubbers or a filtration system capable of eliminating odors from escaping the building before operating.

(9) Licensed distribution facility. Staff reserves the right to require a licensed distribution facility to install air scrubbers or a filtration system capable of eliminating odors from escaping the building if the facility is found to emit cannabis odors.

(10) The manufacture, distribution, and transportation of edible cannabis products shall be conducted in a manner that complies with all applicable food safety laws for the protection of humans consuming cannabis.

(11) All products, storage facilities, utensils, equipment, and materials used for the manufacture of edible cannabis products shall be approved, used, managed, and handled in accordance to the provisions of all state and county health and safety laws regarding the preparation, distribution, labeling, and sale of food.

(12) Any manufacturing site that proposes to prepare, store, dispense, and distribute edible cannabis products shall comply with the relevant provisions of all state and county health and safety laws regarding the preparation, distribution, labeling, and sale of food.

(13) No food production shall be allowed in a facility where edible cannabis products are manufactured to avoid the unintentional contamination of non-cannabis foods with cannabis.

(14) All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be state certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual shall be on record at the permitted premises where said individual participates in the production of edible cannabis products.

(E) Security. All security requirements set forth in Title XI, Chapter 127, Medical and Adult Use Commercial Cannabis, of this code are applicable.

(1) Security cameras shall be installed and maintained in good working condition, and used in an on-going manner with at least 240 continuous hours of digitally recorded documentation in a format approved by the Chief of Police and/or his designee. The cameras shall be in use 24 hours per day, seven days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, manufacturing or cultivation areas, all doors and windows, and any other areas as determined by the Chief of Police and/or his designee.

(2) Entrances to any storage areas shall be locked at all times and under the control of licensee's staff.

(3) The business entrance(s) and all window areas shall be illuminated during evening hours. The applicant shall comply with the city's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc., and secure the necessary approvals and permits as needed.

(4) All windows on the licensee's building shall be unopenable or locked and all product securely stored.

(5) Each licensee shall implement a system to track the cultivation and manufacturing of cannabis in order to prevent the licensee from diverting or transporting cannabis to any location not authorized by state laws or any local law or regulation.

(6) All waste and disposal containers shall be stored in a secure area, and under the control of licensee's staff.

(7) Each licensed premises shall have a security alarm system, installed by a licensed alarm company that alters the alarm monitoring company on all premises entry points and windows.

(8) Each licensed premises must be continuously monitored by an alarm monitoring company.

(9) The licensed premises shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises.

(10) Upon request, each licensee shall make available to the Chief Executive Officer or any state or local law enforcement agency, for a purpose authorized by this chapter or state or local law enforcement purpose, all information related to security alarm systems, recordings, monitoring, and alarm activity.

(11) Prior to exercising the privileges of a permit under this chapter, an applicant must install fully operational video surveillance and camera recording system. The recording system must record in digital format and meet the

requirements outlined in this section.

(12) All physical non-cloud based video surveillance records must be stored in a secure area that is only accessible to the management staff of the licensed premises.

(13) Video surveillance records and all recordings must be made available upon request to the Chief of Police or any other state or local law enforcement agency for a purpose authorized by this chapter or for any other state or local law enforcement purpose.

(14) Video surveillance records shall be held in confidence by all employees and representatives of the Chief Executive Officer, except that the Chief of Police or his designee may provide such records and recordings to a state or local law enforcement agency for a purpose authorized by this chapter or for a state or local law enforcement purpose.

(15) A sign shall be posted in a conspicuous place near each point of public access that shall be not less than 12 inches wide and 12 inches high, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising all persons entering the licensed premises that a video surveillance and camera recording system is in operation at the licensed premises and recording all activity as provided in this chapter.

(16) The licensed premises should use video surveillance equipment and a camera system that can be accessed remotely 24 hours a day by the Baldwin Park Police Department and the city, as specified in each development agreement.

(17) Video surveillance equipment shall, at a minimum, consist of digital or video recorders, cameras capable of meeting the recording requirements described in this section, video monitors, digital archiving devices, and a color printer capable of delivering still photos.

(18) All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the licensed permit holder of any prolonged surveillance interruption and/or the complete failure of the surveillance system.

(19) Licensed premises are responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored areas.

(20) All video surveillance equipment shall have sufficient battery backup to support a minimum of four hours of recording in the event of a power outage.

(21) Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the licensed premises.

(22) All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points.

(23) The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions. If the licensed premises has a cannabis cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes.

(24) Areas in which cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.

(25) Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur.

(26) At least one camera must be dedicated to record the access points to the secured surveillance recording area. (27) All outdoor cultivation areas must meet the same video surveillance requirements applicable to any other indoor limited-access areas.

(28) Surveillance recording equipment must be housed in a designated, locked and secured room or other enclosure with access limited to authorized employees, agents of the Chief Executive Officer, state or local law enforcement agencies for a purpose authorized by this chapter or for any other state or local law enforcement purpose, and service personnel or contractors.

(29) The licensee must keep a current list of all authorized employees and service personnel who have access to the surveillance system and/or room on the licensed premises. Licensed premises must keep a surveillance equipment maintenance activity log on the licensed premises to record all service activity, with the identity of the individual(s) performing the service, the service date and time, and the reason for service to the surveillance system.

(30) Off-site monitoring and video recording storage of the licensed premises or an independent third-party is authorized as long as standards exercised at the remote location meets or exceeds all standards for on-site monitoring. (31) Each licensed premises located in a shared building must have a separate surveillance room/area that is dedicated to that specific licensed premises. All minimum requirements for equipment and security standards as set forth in the section apply to the review station.

(32) All camera views of all recorded areas must be continuously recorded 24 hours a day.

(33) All surveillance recordings must be kept for a minimum of 90 days and be in a format that can be easily accessed for viewing on premises. Video recordings must be archived in a format that ensures authentication of the recording as legitimately captured video and guarantees that no alteration of the recorded image has taken place. (34) The surveillance system or equipment must have the capabilities to produce a color still photograph from any camera image, live or recorded.

(35) The date and time must be embedded on all surveillance recordings without significantly obscuring the picture.

(36) Time is to be measured in Pacific Standard Time in accordance with the U.S. National Institute of Standards and Technology.

(37) After the 90-day surveillance video retention schedule has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purpose. Surveillance video recordings may not be destroyed if the permit holder knows or should have known of a pending criminal, civil, or administrative investigation or any other proceeding for which the recording may contain relevant information. (Ord. 1461, passed 11-3-21)

153.130 SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS

The site planning and general development standards in this subchapter regulate the use of all buildings, structures and land within the city and are established to encourage high-quality design, enhance the aesthetic character of the city’s neighborhoods and business districts, ensure compatibility between adjacent land uses, minimize public hazards and prevent the creation of nuisances and other conditions that are potentially harmful. (Ord. 1346, passed 5-2-12)

The standards in this subchapter shall apply to all new construction, and to the renovation and alteration of existing uses or structures in all zones.

(Ord. 1346, passed 5-2-12)

With the exception of the following, every required yard area shall remain open and unobstructed from the ground upwards:

• (A) Maximum two foot projection. The following architectural and structural features may project up to two feet into a required yard area:

• (1) Cornices, eaves, belt courses, sills, bay windows, buttresses or other similar architectural features;

• (2) Stairways, balconies and fire escapes; and

• (3) Guard rails.

• (B) Maximum three foot projection. The following architectural and structural features may project up to three feet into a required yard area:

• (1) Planting boxes and masonry planters ; and

• (2) Fireplace structures.

(C) Projection and lot line minimum distance. A minimum distance of three feet shall be maintained between any permitted projection and any lot line.

Figure 153.130.030-1: Permitted Projections into Setbacks.

(Ord. 1346, passed 5-2-12)

(A) Measurement of building height. Building height shall be measured as the vertical distance from the average level of the finished grade of the lot to the highest roof point of the building being measured.

Figure 153.130.030-2: Measurement of Building Height.

(B) Exceptions to building height. Penthouses or roof structures that house elevators, stairways, tanks, ventilation fans or other equipment used to operate and maintain the building, skylights, flagpoles, chimneys, smokestacks, fire or parapet walls and other similar structures may exceed the building height standard by a maximum of 15 feet, provided any such projection above the maximum permitted building height shall be subject to Zoning Clearance review, pursuant to subchapter 153.210, Administrative Procedures.

(Ord. 1346, passed 5-2-12)

All buildings and structures shall be built and maintained in accordance with the following architectural standards.

(A) Exterior siding composition. Each structure shall have and maintain exterior siding composed of brick, wood, stucco, concrete or other similar material as approved by the City Planner. Metal siding and corrugated plastic or metal are prohibited.

(B) Roofing material. Each structure shall have and maintain a roof constructed with wood shake, shingle, asphalt, composition, tile (slate, concrete or clay) or other similar roofing material as approved by the City Planner. Metal roofing is prohibited.

(C) Eave projection. Each dwelling shall have and maintain an eave projection between 18 inches and 24 inches on at least two opposing sides.

(D) Security bars. Security bars shall not be mounted on the outside of an exterior wall, window or door of any dwelling unit.

(E) Design Guidelines Manual. All development shall comply with the adopted Design Guidelines Manual applicable to the type of development proposed.

(Ord. 1346, passed 5-2-12)

(A) Height. Fence and wall height shall be measured as the vertical distance from the lowest ground elevation or finished grade to the highest point of the fence or wall.

(B) Height in residential zones. The following additional standards shall apply to all residential zones.

(1) Walls, fences and hedges shall not exceed three feet in height within or along any front yard area. However, any fence consisting of wrought iron or combination wrought iron and pilasters, whereby the solid pilasters do not comprise more than 30% of the lineal fence length, shall be permitted to a maximum height of five feet.

• (2) Walls, fences and hedges shall not exceed six feet in height within or along any side or rear yard area.

• (3) Barbed wire, including, but not limited to, razor wire, razor tape or razor ribbon, are prohibited on any residentially zoned lot.

• (4) Corrugated metal and plastic as fencing materials are prohibited.

• (5) Chain link as fencing material is prohibited within any front yard or street side yard area.

(C) Height in commercial and industrial zones. Walls, fences and hedges in commercial and industrial zones shall not exceed eight feet in height within or along a side yard or rear yard area.

(D) Retaining wall height. A retaining wall containing fill shall comply with the above height requirements, except the height of the wall used to retain the fill shall not contribute to the height of the wall. However, the overall height of the wall, including the retaining portion of the wall, shall not exceed ten feet.

(E) Front yard fence or wall. The construction, installation, or significant modification of any fence or wall in a front yard area shall require Zoning Clearance pursuant to subchapter 153.210, Administrative Procedures. Figure 153.130.030-3: Fence and Wall Regulations.

(Ord. 1346, passed 5-2-12)

• (A) Development standards. All refuse collection areas shall comply with the following development standards.

• (1) The refuse collection area shall be enclosed by a six-foot-tall masonry wall with an opaque and latchable gate.

• (2) The minimum dimensions of the refuse collection area shall measure six feet in width and eight feet in length.

• (3) An area directly in front of the refuse collection area measuring at least six feet by eight feet shall be

maintained free of any obstacles to permit easy access. This area shall be paved with concrete no less than five inches thick.

(4) The refuse collection area shall be screened in a manner approved by the City Planner so that the contents are not visible from any public street or adjacent property.

Figure 153.130.030-4: Refuse Collection Enclosures

(5) The refuse collection area shall be conveniently located to the uses served to allow easy refuse disposal and collection by refuse vehicles.

• (B) Maintenance. All refuse collection areas shall be maintained in a clean, safe and sanitary manner.

• (C) Common refuse facilities. For those multi-family residential uses which have common refuse facilities, the following regulations shall apply.

(1) Table 153.130.060 lists the minimum number of refuse bins that shall be provided and maintained. TABLE 153.130.060

Note (1) Each bin shall have a minimum capacity of three cubic yards.

(2) In addition to the refuse collection area, a minimum 25-square-foot area shall be provided for the collection of recyclable materials.

(3) The refuse collection area shall be located no more than 150 feet from the dwelling units served.

(D) Commercial and industrial refuse collection facilities. All commercial and industrial uses shall comply with the following refuse collection facility regulations.

(1) For any one business or combination of businesses in a building or related collection of

buildings containing 1,000 to 20,000 square feet of gross leasable floor area, one refuse collection facility shall be provided.

(2) For any one business or combination of businesses in a building or related collection of buildings containing 20,001 square feet or more of gross leasable floor area, one refuse collection facility for the first 20,001 square feet, plus one additional facility for each 15,000 square feet in excess of 20,001 shall be provided. (Ord. 1346, passed 5-2-12)

The following standards are established to regulate the maintenance of all properties, land uses and structures within the city.

(A) Property maintenance. All properties within the city shall be kept and maintained in a clean, neat, orderly, operable and usable condition that is safe both to occupants and passers-by. This requirement applies to buildings, portions of buildings, paving, fences, walls, landscaping, water, earth and any other structure or natural feature.

(B) Building and structure maintenance. All buildings and structures shall be kept and maintained as follows in a manner that does not detract from the appearance of the immediate neighborhood and that protects the health, safety and welfare of the use, occupants and the general public:

(1) Buildings and structures shall be maintained in such a manner to prohibit dry rot, warping, termite infestation, decay, cracking, peeling or chalking to ensure that the building is not unsafe, unsightly or in a state of disrepair.

(2) Building exteriors, driveways, chimneys, gutters, downspouts, sidewalks and walkways shall be maintained in such a manner to prohibit broken, deteriorated, substantially defaced, structurally unsound or other similar conditions to ensure that such structures are not dangerous, defective or unsightly.

(3) Structurally unsafe buildings, including, but not limited to, those with known fire hazards, faulty weather protective roofs, broken window and doors, partially constructed structures, unoccupied and open buildings, abandoned signs and damaged buildings shall be demolished, removed or fenced to prevent public access or harm. (4) Maintenance of premises shall be in harmony or conformity with the maintenance standards of adjacent properties to prohibit substantial diminution of the enjoyment, use or property values of adjacent properties.

(C) Fence and wall maintenance. All fences and walls shall be kept and maintained as follows in a manner that does not to detract from the appearance of the immediate neighborhood, and that protects the health, safety and welfare of the user, occupant and general public:

(1) Fences and walls shall not be sagging, broken, rotted or have defective, broken or missing support posts, fence boards or other structural members.

(2) Fences and walls shall be maintained in such a manner to prohibit dry rot, holes or warped or leaning areas, or other hazardous conditions harmful to property owners, occupants or passers-by.

(3) Fences and walls shall be maintained free of graffiti.

(4) Fences and walls shall not be used as clotheslines.

(D) Paved area maintenance. All paved areas including sidewalks, driveways and private roadways shall be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood, and that protects the health, safety and welfare of the user, occupant and general public.

(E) Yard and landscaping maintenance. All yards, landscaped areas and other open space areas of private property shall be kept free of trash, old building materials, junk, unlicensed or inoperative vehicles, broken or discarded furniture, appliance, building materials, toys, boxes, salvage materials, clotheslines, shopping carts and other such material and equipment which, by its appearance, location or use, makes it incompatible with the principal use or other predominate principal uses in the neighborhood.

(F) Ground and water maintenance. Erosion, subsidence and surface water problems within a property shall be abated.

(G) Residential use and storage of solid waste containers. The following provisions apply to residential use and storage of solid waste containers:

(1) Trash receptacles shall not be permanently stored in the front yard of any residential property be may be placed no earlier than 6 p.m. on the day before collection and must be put away no later than 24 hours following collection.

(2) All items too large to fit into containers including, but not limited to, appliances, furniture and mattresses, shall be disposed of by self-transport of such items to end-disposal facilities.

(3) All loose materials which normally fit into containers but which are excess as a result of special

circumstances such as holidays shall be bundled and tied securely to prevent them from blowing or scattering and shall be placed beside the containers.

(4) No resident shall deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.

(5) Removal of trash or other scavenging from private residential solid waste containers is prohibited.

(H) Nonresidential use and storage of solid waste containers. The following provisions apply to nonresidential use and storage of solid waste containers:

(1) All establishments and institutions which generate solid waste for collection by the city or approved contractors shall provide appropriate containers for storage of solid waste, as proscribed by this subchapter.

(2) Containers shall be kept covered at all times.

(3) No owner, manager or employee of a commercial or industrial business or any institution shall deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for

disposal of litter by pedestrians.

(Ord. 1346, passed 5-2-12)

To safeguard against vehicle, bicycle and pedestrian collisions caused by visual obstructions at street intersections, a clear cross-visibility area shall be maintained at the intersection of public rights-of-way, unobstructed by any fence or wall taller than 36 inches above the street grade, as provided in the diagram to the right. At any corner formed by the intersection of two streets, the required clear cross-visibility area shall be a triangle having two sides, each 15 feet long extending along the curb line of each street.

(Ord. 1346, passed 5-2-12)

(A) Dedication as condition of approval. To mitigate potential problems associated with project generated traffic and circulation, dedication of right-of-way and construction of street related improvements may be required as a condition of approval of permits.

(B) Dedication standards. The following standards shall govern any street dedications or improvements:

(1) No new construction or renovation shall be granted utility connections and a certificate of occupancy until one-half of the street along the lot frontage is dedicated and improved according to city standards. For development of a portion of a lot, dedication and improvement shall apply only to abutting streets of that portion of the lot.

(2) Additional street improvements shall not be required when the abutting street is already improved according to city standards.

(3) A deed granting an easement for a public street shall be submitted to the City Engineer before approval of any permit.

(4) All streets shall be dedicated to the width established in the General Plan Circulation Element.

(5) Street improvements shall include curb and gutter, pavement, sidewalks, storm drains and a landscaped parkway, or as otherwise denoted by the Director of Community Development and Director of Public Works.

(6) Street dedications shall include a clear cross-visibility area at intersections pursuant to § 153.130.090.

(C) Dedication interpretation authority. Whenever uncertainty exists regarding the need for street dedication and improvement, the Director of Public Works shall determine the need for dedication or improvement based upon road standards studies and information contained in applicable plans.

(Ord. 1346, passed 5-2-12)

The following standards are established to enhance and preserve the city’s visual and aesthetic image through the placement and use of color on structures.

• (A) Colors on new structures. The following standards shall govern any new structures within all commercial, industrial, residential and open space zones.

(1) The primary exterior color of the building shall be limited to an earthen hue background color, which is integral or applied consistently to the exterior material. Acceptable colors include off-whites, siennas, light grays, beiges, tans, browns, or other similarly subdued tones, shades or colors as determined by the Director of Community Development.

(2) Special architectural features may use brighter colors as an accent. Colors shall complement the main body color of the building, as well as highlight decorative details (such as ornaments, trims, fascias inlays, tile, ironwork, awnings and other architectural features), as determined by the Director of Community Development.

(3) Exterior structure colors shall be reviewed in conjunction with a request for any type of entitlement review as required by this code or as a result of any determination of non-conforming status.

(4) Exterior building elevation plans and color samples indicating proposed color schemes shall be provided as required by the Director of Community Development.

(5) Approval authority for colors on the exterior of all buildings shall be by the Director of Community Development or Design Review Committee, as applicable.

(C) Colors on existing structures. Existing structures which are a color that does not comply with the provisions of this section shall be required to comply within five years of written notice to the property owner. Structures which are painted after 2004 with a color(s) that does not comply with the provisions of this section shall be required to comply with this ordinance within 90 days of written notice to the property owner.

(Ord. 1346, passed 5-2-12)

(A) Canopy structures within view of public right-of-way. Canopy structures located within the view of a public right-of-way, which includes any front yard area, side yard and driveway areas, shall be prohibited in all residential zones, with the following exception.

(1) Canopy structures with a projected canopy area of no greater than 200 square feet, a height no greater than eight feet and a length of no greater than 20 feet may be permitted in a rear yard area that is fully screened by fencing or shrubs at least six feet in height.

(B) Canopy structure maintenance. Canopy structures shall be maintained in good condition. Torn fabric and bent or broken support members shall be replaced or repaired as needed. Any structure considered to be in disrepair, as determined by the Director of Community Development, shall be repaired, replaced or removed from the site.

(C) Covering material. Reflective, mirrored-type covering material is prohibited.

(D) Nonconformity and abatement. Any existing canopy shall be deemed nonconforming and is subject to immediate abatement. In no event shall any such structure be permitted to remain. Should the city receive notice of a violation relating to any canopy structure, the property will be issued a notice to completely remove the canopy structure from the site within 72 hours of receiving the notice.

(E) Temporary canopy. A temporary permit may be issued for the placement of a temporary canopy once a year per property, not to exceed a period of five days. Such permit issuance shall be subject to review and approval of the Planning Division.

(Ord. 1346, passed 5-2-12)

153.135 OBJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY RESIDENTIAL AND MIXED-USE DEVELOPMENT

(A) This chapter establishes objective design standards for new multi-family residential developments and mixeduse developments with a residential component, with the intent of achieving and maintaining high-quality site planning and building design in a manner that conforms to community design priorities.

(B) The provisions of this chapter apply to residential projects containing two or more residential dwelling units, including duplexes, triplexes, flats, townhouses, and multi-story, mid-rise building types, and mixed-use projects with at least two-thirds of the square footage designated for residential use. Upon the request of an applicant and demonstrated ability to comply with the provisions of this chapter, such applications qualify for ministerial processing. This chapter does not apply to single-family residences, historic properties, commercial-only projects, or any other non-residential projects.

(Ord. 1502, passed 7-5-23)

These objective design standards supplement and are in addition to the development standards for the applicable zoning district in which a proposed project is located. Ch. 153 of this code establishes the city zoning regulations. Where conflict between these objective design standards and other provisions of this title exists, the provisions of this chapter shall govern.

(Ord. 1502, passed 7-5-23)

(A) Site planning and orientation.

(1) Vehicle entry to project. Vehicle entries to multi-family residential projects shall be clearly indicated by textured paving or stonework that contrasts to the driveway materials.

(2) Pedestrian entry. Primary pedestrian entries to multi-family residential projects shall contain a combination of monumental architectural features consisting of a combination of trellises, columns, archways, or arcades and textured paving, stonework, or tiles that clearly identifies and distinguishes the entrance.

TABLE 153.135.030

(3) Street-facing building orientation. Buildings facing a public or private street shall have front entries oriented to such street.

(4) Non-street-facing orientation. Buildings that are not adjacent to a public or private street shall have front entries that are oriented to one of the following interior common areas.

• (a) Paseos;

• (b) Courtyards;

• (c) Open space, on-site.

(5) Mixed-use building orientation. The non-residential components of a mixed-use development shall face primary street frontages and public sidewalks.

(6) Side setback buffer. Residential units in a solely residential project shall be buffered from adjacent nonresidential and single-family residential uses by a landscaped buffer of a minimum four feet width consisting of live plant materials that grow to a height of at least six feet. Such landscaping is permitted within the side yard setback.

(7) Setback continuity. Notwithstanding the minimum front and side yard setback standards established by §§ 153.040 and 153.070, the front and side yard setbacks of a new building shall be allowed to match the same front and side yard setbacks as the existing adjacent structures.

(B) Circulation: vehicular and pedestrian.

(1) Principal vehicular access. Principal vehicular access into residential developments shall be through an entry driveway. Access via a parking aisle is not permitted.

(2) Landscaped island. For properties containing more than 150 feet of street frontage, a minimum eight foot wide landscaped island shall be incorporated into the driveway entry area for a minimum distance of at least 20 feet to separate driveway lanes for ingress and egress.

(3) Parking interconnectivity. Parking areas shall be internally connected and shall use shared driveways within the development.

(4) Pedestrian connectivity. All structures, facilities, parking areas, amenities, common areas, and open space areas within a development shall be internally connected by pedestrian pathways.

(5) Identification of pedestrian entrances and walkways. Pedestrian entrances and walkways shall be distinguished from vehicle access areas by the use of materials that contrast the vehicle access areas through use of contrasting paving materials or paving color, a landscaped barrier, and/or grade differences.

(6) Pedestrian walkway width. Pedestrian walkways shall be a minimum of four feet in width, with the exception of ground floor residential unit entry walks from the sidewalk to the front door, which shall be a minimum of four feet and maximum of five feet.

(7) Separation of pedestrian pathways. Pedestrian pathways shall be separated from interior roads by the following type of physical barrier:

(a) Grade separation of six inches or more;

(b) Planting strip of at least six inches high and four feet in width.

(8) Pedestrian pathways in parking lots. Pedestrian pathways shall be provided in parking lots between parking areas and building entrances and shall consist of special paving as identified in this section, or a landscaped or trelliscovered path.

(9) Pedestrian pathway connection to public sidewalks. Pedestrian pathways that are immediately accessible from a building when exiting or entering shall be provided between the public sidewalk and such primary building entry.

(C) Parking. The following standards shall apply in addition to § 153.150.

(1) Parking facilities. Parking shall be provided on site either in on-grade or underground structures, surface parking lots, carports, or attached garages.

(2) Multiple surface parking lots. Where surface parking lots are provided for developments with more than 40 residential units or 20,000 square feet or more of leasable commercial space, such surface lots shall consist of a series of connected smaller parking lots, each with no more than 75 spaces.

(3) Parking structure walls. All parking structure walls facing a public right-of-way, and any other parking structure walls greater than 25 feet in length shall include design features consisting of textured surfaces, articulation, murals, decorative grating, and/or landscaping covering a minimum of 50% of the wall surface area at full growth. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development. For the purposes of this division, articulation includes faux windows, arches, grillwork, building offsets, and stone/tile building materials.

(4) Parking between ROW and building. Parking between the public right-of-way (ROW) and a building shall not occupy more than 30% of any linear street frontage of the site.

(5) Carports. Carport structures shall match the color, materials, and roof slope of the main structures in the project, except that flat, aluminum carports are prohibited. Carports shall be painted the same colors as the primary building in the project.

(6) Tuck-under parking. Parking below grade or behind the living spaces is permissible. Tuck-under parking areas shall not be visible from the adjacent public street.

Figure 153.135.030-1: Tuck Under Parking

(D) Open space. The following open space standards shall apply in addition to the requirements of § 153.040.040.

(1) Location of open space. Required common residential open space areas shall be located internal to the project site and shall not directly abut any adjacent public roadway.

(2) Visibility. Common open space areas that include children’s play areas shall be sited so they can be seen from the interior of adjacent residential units and any abutting common areas. Common open space shall be located and arranged to allow a clear line of sight into the space from pedestrian walkways on the interior of the site. Continuous vegetative screens, solid fences, or solid walls that enclose common open space areas shall not exceed three feet in height.

(3) Private open space. Private open space, including but not limited to patios and balconies, shall be contiguous to the unit served. Any balcony facing a public street shall be at least 60% enclosed to screen any materials placed on the balcony.

(4) Landscaped open space. A minimum of 50% of the common open space shall be provided as a landscaped area or garden, with the remaining area in hardscape or including at least one of the following amenities:

• (a) Sports courts;

• (b) Swimming pools;

• (c) Children’s play areas.

• (E) Tree preservation. The provisions of § 153.165 shall apply.

• (Ord. 1502, passed 7-5-23)

(A) Architectural style.

(1) Building design reference guide. For the purpose of defining a known collection of architectural styles for the purposes of this section, the reference guide shall be the most currently published version of A Field Guide to American Houses: The Definitive Guide to Identifying and Understanding America’s Domestic Architecture by Virginia Savage McAlester or American House Styles: A Concise Guide by John Milnes Baker, AIA. The city may identify an alternative source or sources, provided such source is made known publicly and readily.

(2) Identification of architectural style. Using the building design reference document identified in this section, projects shall identify an architectural design style to be used. The building design shall incorporate at least five of the following features characteristic of a single specific architectural design style, including building elements of that style, with roof type and characteristic pitch and exterior building wall symmetry or asymmetry required to be at least two of the features:

• (a) Roof type and characteristic pitch;

• (b) Roof rake, eave overhang, and cornice detail;

• (c) Building wall symmetry or asymmetry, and detail;

• (d) Window type, relative proportion, shape, and detail;

• (e) Door type, relative proportion, shape, and detail;

• (f) Porch type, relative proportion, shape, and detail;

• (g) Characteristic building materials.

• (3) Transitions from street.

(a) Street-fronting common building entrances and street-fronting individual unit entrances shall have transitions from the street consisting of a covered stoop or porch that provides weather protection and is elevated from the adjacent walkway by at least 18 inches. Such entrance shall incorporate any required Americans with Disabilities Act (ADA) accommodations.

Figure 153.135.040-1: Transitions from Street

(b) For projects that front an arterial street, the street floor entrance level shall be raised at least two feet to protect the privacy of ground floor units.

• (B) Roof treatments.

• (1) Roof variation.

(a) Flat and low slope roof. Roof height shall be varied with a minimum two foot to maximum four foot vertical difference between a minimum 30 feet and a maximum 50 feet horizontally.

(b) Pitched roof. For a roof structure that extends more than 50 feet along any building wall, the roof line shall vary by incorporating at least two of the following architectural elements:

1. Cornices a minimum of every 30 feet;

2. Variation in roof form (orientation, pitch, height) every 50 feet;

3. Dormers a minimum of every 30 feet.

Figure 153.135.040-2: Pitched Roof

(2) Prohibited roofs. Mansard roofs and segments of pitched roofs applied only at the building’s edge shall not be permitted.

(3) Eave projection. For buildings that provide eaves, each dwelling shall have and maintain an eave projection between 18 inches and 24 inches on at least two opposing sides, except as may otherwise be prescribed by the selected architectural style referenced above in division (A)(1).

(4) Exterior roof ladders. Exterior roof ladders shall be prohibited. Roof access shall only be provided from the building interior.

(5) Vents, gutters, and drain spouts. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof construction or if exterior, shall consist of materials and a style characteristic of the selected architectural design style referenced above in division (A)(1). Plastic material shall be prohibited.

• (C) Exterior building walls.

(1) Articulation. All building walls facing a public or private street shall be articulated for at least 80% of each wall length to break up building mass. All other building walls shall be articulated for at least 60% of each wall length. Buildings shall have a break in massing through articulation at least every 50 feet along the wall. Articulation shall be provided through changes in wall planes that protrude and/or recess with a minimum dimension of two feet, except for balconies which shall protrude a minimum of four feet. Articulation shall also consist of at least four of the following approaches and reflect the selected architectural style of the building referenced above in division (A)(1).

(a) Recessed and/or protruding window openings that are recessed or protrude at least six inches from the building façade;

(b) Recessed or protruding entrances, including porches and patios, that extend or protrude at least 36 inches from the building façade;

• (c) Balconies;

• (d) Bay windows;

• (e) Moldings;

• (f) Recessed glazing and storefronts by at least six inches;

• (g) Vertical pilasters that reflect internal building structure and/or are integral to the selected architectural style;

• (h) At least two changes in color and texture along wall surfaces;

• (i) Indented portions of walls;

• (j) Lower wall wainscots, built-up or recessed reveals, trims, and other projections along different levels of wall surface;

• (k) Cantilevers;

• (l) Varied front door entry footprint within the same structure of a minimum four feet.

Figure 153.135.040-3: Articulation

(2) Massing. For any lot adjacent to an R-1 zoning district, any building façade adjacent to that R-1 zoning district shall have any floor above the second floor stepped back from the second floor a minimum of four feet starting with the second-floor building plane. Intrusion into the step-back plane is allowed for up to 25% of the horizontal wall plane.

(3) Detail articulation. Exterior building wall and window details such as trim, shutters, and posts shall be characteristic of the selected architectural design style of the building referenced above in division (A)(1).

(4) Vertical elements. Where vertical architectural elements are used based on their characteristic tie to the architectural design style selected, their vertical emphasis shall be minimized by use of a minimum of three of the following approaches.

• (a) Incorporating horizontal bands, reveals, trims, and overhangs along different levels of the wall surface;

• (b) Limiting towers or pilasters to a maximum height of one story;

• (c) Limiting tower elements to one per building;

• (d) Varying the spacing and distribution of architectural elements and details along

• building walls;

• (e) Limiting entry treatments to the first story of the building.

Figure 153.135.040-4: Vertical Elements

• (D) Windows, doors, and balconies.

• (1) Horizontal window bands. Horizontal window bands over 40 feet in length shall be prohibited.

• (2) Street-facing windows. Windows shall be provided facing the street for all units adjacent to the street.

• (3) Bay windows. Bay windows shall project at least two feet but no more than three feet from the exterior building wall.

• (4) Security bars. Security bars shall not be mounted on the outside of an exterior wall, window or door of any dwelling unit.

• (5) Operable windows. Operable windows shall have screens for ventilation.

• (6) Window frames. Raw or clear anodized aluminum window frames are prohibited.

• (7) Balcony depth. Balconies shall have a minimum depth of four feet.

• (8) Consistency with architectural style. Door, window and balcony design, materials, and placement shall be characteristic of the chosen architectural design style of the building pursuant to the reference guide identified in division (A)(1).

(9) Window and door trims. Windows and doors shall be either trimmed or recessed. When trimmed, the trim material shall not be less than three-and-one-half inches in width by nine inches in depth when protruding from the wall. Foam trim molding shall be prohibited on the ground floor. When recessed, the primary building siding material shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door face by at least three inches in depth.

• (E) Garage doors.

(1) Garage door placement. Garage doors shall not face a public street but shall be oriented toward an alley, private street, or driveway internal to the project.

• (2) Garage door treatments. Garage doors shall include at least one of the following detail treatments:

• (a) Windows;

• (b) Paneled surface;

• (c) Minimum of two colors.

• (3) Garage doors visible from a street shall be recessed at least three feet from the garage wall.

Figure 153.135.040-5: Garage Doors

(F) Stair well. Exterior stairways shall be designed as an integral part of the project’s architecture and shall incorporate solid wall portions, columns, and/or a decorative balustrade. Stairwells shall not be oriented to the street, but shall face interior spaces (such as plazas, gathering areas, parking areas and pedestrian paths) and shall not be separated from these areas by landscaping, fences or walls taller than three feet. The design shall be of the same materials and color of the building. Open metal and pre-fabricated stairwells shall be prohibited.

(G) Corner lot treatments. Buildings on corner lots that have two stories shall include at least one of the following features. Buildings that are three stories or more at the corner shall include at least two of the following features at the corner.

• (1) Change in primary wall material and color;

• (2) Change in wall plane or a minimum depth of two feet;

• (3) Entry to ground floor retail or primary building entrance;

• (4) Different fenestration pattern from the primary exterior building wall.

Figure 153.135.040-6: Corner Lot Treatment

• (H) End unit treatments. Units at the ends of buildings shall incorporate windows on each floor and shall include at

least two of the following articulation methods for every 20 feet of the exterior building wall length.

• (1) At least two changes in color and texture along wall surfaces;

• (2) Indented portions of walls;

• (3) Lower wall wainscots;

• (4) Built-up or recessed reveals, trims, and other projections along different levels of wall surface;

• (5) Vertical pilasters that are load bearing and/or are integral to the selected architectural style;

• (6) Cantilevers.

Figure 153.135.040-7: End Unit Treatment

• (I) Building materials.

(1) Exterior building wall materials. The following table identifies permitted and prohibited exterior building wall materials. Materials not listed are prohibited unless approved through a discretionary review process.

TABLE 153.135.040

• (a) Primary material. A material of the highest use percentage on the building, at least 60%;

• (b) Secondary material. A material used by a lesser percent than the primary material, a maximum of 40%;

• (c) Accent material. A material used for wall, window, or roof trim, or on building elements, including doors and dormers.

• (2) At least two materials shall be used on any exterior building wall, in addition to glazing, railings, and trim.

• (3) Sustainable materials shall be used for a minimum of 25% of the building exterior, and shall consist of a minimum of one of the following properties:

• (a) Certified as zero of low volatile organic compounds (VOS) pursuant to State Green Building Code.

• (b) Qualified as rapidly renewable by being harvested within ten years.

• (c) Salvaged from the existing site.

• (d) Produced within southern California.

• (e) Containing a recycled content of 80% or above.

• (4) Buildings with false exterior building walls or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

• (5) Materials shall be characteristic of the selected architectural design style pursuant to division (A)(1).

• (J) Roofing materials.

(1) General. Each structure shall have and maintain roof materials consisting of wood shake, shingle, asphalt, composition, fiber cement, or tile (slate, concrete or clay). Metal roofing and roofing of a glossy or reflective surface are prohibited.

• (2) Roofing material compatibility. Roofing materials shall be compatible with the selected architectural style and design of the structure pursuant to division (A)(1).

• (3) Natural barrel clay tile roof replacement. Natural barrel clay tile roofs shall be replaced with the same material and color in repairs, remodels, and additions.

(4) Roof color treatment. The colors of natural roofing materials (such as barrel tiles and slate) shall be left natural and not be altered by staining or painting. Colors of synthetic roofing materials shall simulate natural materials

by use of earth tones, as defined in § 153.220.060. The blending of more than two colors on a roof is prohibited. (K) Colors.

(1) An earth-tone color palette shall be required for all structures. Additionally permitted colors are off-whites and light grays. Within the permitted color palette, the primary exterior color of the building shall be limited to an earthen hue background color, off-white, or light gray which is integral or uniformly applied to the exterior material, while special architectural features may use brighter colors as an accent.

(2) The number of colors appearing on the entire building exterior shall be a minimum of two and a maximum of four colors (or tones of the same color), including trim and accent colors. The selection of colors shall be the same among multiple buildings within a project. Changes in color due to a change in building material are not considered an additional color.

(Ord. 1502, passed 7-5-23)

(A) Landscaping. The following objective landscape design standards are in addition to the landscape standards in §§ 153.150.110, 153.160.030, 153.160.040, and 153.160.050.

(1) Front setback buffer. The front yard setbacks of street-facing residential ground-floor units shall include a minimum four foot deep landscaped area along the adjacent public sidewalk.

(2) Landscaping along driveways and buildings. A strip of landscaping at least two feet wide shall be installed and maintained adjacent between any driveway and abutting property line and adjacent to buildings, except where a paved surface is required to accommodate HVAC and similar equipment.

(3) Landscaping in yard setbacks. Front yard setbacks and side yard setbacks adjacent to a public right-of-way and/or private streets shall be landscaped in their entirety, except for driveways and pedestrian walkways.

(4) Native plants. Landscaped areas shall include at least 25% native plant species selected from those listed by the California Native Plant Society specific to the Eastern San Gabriel Valley on Calscape.

(5) Areas to be landscaped. Landscaping shall be provided in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other required improvements and amenities. Landscaping materials shall not be located such that at maturity they obstruct pedestrian paths and vehicular access along the public right-of-way, private streets, and driveways. Landscaping adjacent to pedestrian and vehicular paths shall either be raised planting surfaces or separated by a minimum six inch-high concrete curb.

(6) Trees, shrubs, and groundcover. Trees shall consist of both evergreen and deciduous varieties, the distribution of which shall be the applicant’s choice, provided that no more than 50% of trees shall be deciduous. At least five different species of shrubs and groundcover shall be used in planter areas.

(7) Use of turf. Notwithstanding compliance with the state Model Water Efficient Landscape Ordinance, the maximum area permitted for turf shall be 30% of the total landscaped area on site. Turf shall not be used in planting strips narrower than five feet wide and slopes over 15% to ensure adequate irrigation and to prevent run-off.

(8) Decorative water features. When decorative water features (such as pools, ponds or waterfalls) are used in landscaped areas, such features shall incorporate water recycling, and, as available, use of reclaimed water.

(9) Water-efficient landscaping. Landscape and irrigation plans shall conform to the requirements of § 153.160.

(10) Non-plant landscaping materials. No more than 20% of any landscaped area shall consist of the following non-plant materials. Gravel shall be prohibited.

• (a) Decomposed granite;

• (b) Bark;

• (c) Decorative pebbles;

• (d) Rocks;

(e) Boulders.

(11) Prohibited artificial materials. Artificial turf and plants are prohibited.

• (B) Pavement.

(1) Pedestrian paving. Pedestrian pathway paving materials shall consist of any of the following: stamped or scored concrete, interlocking unit pavers, tiles, bricks, or stone. Asphalt shall be prohibited. Decorative paving shall be used to delineate crossings at circulation drives and parking aisles and shall consist of any of the materials listed in § 153.135.030(B)(4).

(2) Driveway entry treatment. The first 20 feet of a vehicular driveway entry shall be composed of at least one of the following treatments and shall be provided for the full width of the driveway: pavers, stamped or scored concrete, stone, brick, or exposed aggregate.

(3) Driveway material prohibited. The use of asphalt for driveways is prohibited.

(C) Trash and recycling collection areas. In addition to the requirements set forth in § 153.130.070, the following shall apply.

(1) Design. Enclosures shall be designed to use the same materials and colors as the buildings they serve.

(2) Proximity to residences. Enclosures shall not be located within 20 feet of any adjacent property zoned for or occupied with residential use, and from any pedestrian path or vehicle driveway.

(3) Lighting. Lighting of enclosures shall be provided for nighttime security and use and shall conform to this chapter.

(4) Access. Access to the enclosure and enclosure dimensions shall conform to solid waste provider requirements.

(5) Separation. Enclosures shall be separated from adjacent parking stalls with a minimum three foot wide planter area.

(D) Utility and mechanical equipment.

(1) Roof-mounted. Roof-mounted mechanical units shall be fully screened from view from adjacent public rightsof-way and incorporated into the roof design through increased slope, screening, or enclosures. Screening and enclosures shall match the materials, colors, and style of the building architecture.

Figure 153.135.050-1: Roof-Mounted Mechanical Units

(2) Ground-mounted. Ground-mounted mechanical, electrical, and utility equipment shall be placed a minimum of ten feet away from any pedestrian pathway and/or vehicle driveway. Ground-mounted equipment shall be screened by a wall or fence that shall match the color of the primary buildings in the project, or landscaping. Screening height shall exceed the equipment height by a minimum of one foot, but in no case shall be taller than six feet.

(3) Utility and mechanical equipment shall not be located within any required open space area.

(4) Air conditioning units. Air conditioning and HVAC units shall be located along the side or rear of the building, or on the roof, consistent with division (D) of this section.

(5) Water heater units. Water heater units shall be located within the building envelope and not exterior of the building walls.

(E) Mailbox locations. Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents, or at individual units.

(F) Exterior lighting. All pedestrian pathways, vehicle parking areas, bicycle parking areas, structure entries, trash enclosures, landscaped areas, and common open space areas shall be illuminated for safety and security consistent with the requirements of § 153.140.040. Light fixtures shall be decorative, and wall pack lights are prohibited. Lighting shall be recessed or hooded, downward directed, and located to illuminate only the intended area. (Ord. 1502, passed 7-5-23)

(A) Ground-floor non-residential exterior building wall transparency. Ground-floor building walls for spaces with non-residential uses that face public streets and sidewalks shall consist of a minimum of 60% windows that extend between three and eight feet in height above the finished floor. The purpose is to provide unobstructed views into the non-residential space. The windows shall have a visible light transmittance greater than 80%, and without tint or coloration in the glass substrate.

(B) Public area. Any building that extends more than 75 linear feet along a street-facing property line shall include an open space area directly accessible from the sidewalk. Such space shall have minimum dimensions of 16 feet and minimum area of 300 square feet to accommodate either a publicly accessible courtyard/plaza or outdoor seating for public dining.

(C) Loading areas. Loading areas for the commercial components of mixed-use developments shall be located out of view of any public right-of-way and shall be shielded or enclosed to ensure compliance with the noise standards set forth in § 153.140.070.

(D) Mailboxes. In mixed-use developments, separate mailbox and package delivery/pick-up areas shall be provided for the residential and commercial components of a project.

(Ord. 1502, passed 7-5-23)

For proposed projects that deviate from one more design standards, such applications shall be subject to the provisions of Part 7 of § 153.210. Project applications where a deviation from a standard is requested shall not be considered a ministerial review.

(Ord. 1502, passed 7-5-23)

153.140 PERFORMANCE STANDARDS

The performance standards in this subchapter are established to minimize public hazards, prevent the creation of nuisances and other conditions that are potentially harmful or discomforting, protect and improve the environment and the appearance of the community and deter blighting.

(Ord. 1346, passed 5-2-12)

The performance standards in this subchapter shall apply to all new construction, renovation and alteration of existing uses or structures in all zone districts. Buildings and land uses shall not be used or constructed if they create a dangerous, noxious, fire, explosive or other hazard; noise or vibration; smoke, dust, odor, air pollution or glare; or liquid or solid wastes in amounts that adversely affect surrounding areas. These standards shall be applied in addition to the development standards required for each zone.

(Ord. 1346, passed 5-2-12)

(A) Hazardous materials standards. To protect the health and welfare of the residents and business community of the city, the use, storage, manufacturing or disposal of hazardous materials shall be regulated and monitored according to standards established by the United States Environmental Protection Agency (EPA), the California Department of

Health Services (DHS), the California Department of Toxic Substances Control (DTSC) and others identify hazardous materials and prescribe handling, use and disposal practices.

(B) Risk management and prevention program. A risk management and prevention program, together with an inventory statement that is in accordance with federal, state and local laws, shall be prepared for all structures and land uses using materials identified as hazardous by the EPA, DHS, DTSC or other agency, as applicable.

(C) Flammable materials and open fires. The use and storage of flammable or explosive materials shall comply with the fire prevention code of the city and all applicable ordinances. No open burning is permitted unless a written permit for such activity has been issued by the South Coast Air Quality Management District.

(D) Hazardous materials discharge. No liquid or solid waste or similar material that may contaminate water supplies, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements shall be discharged into the public sewer or private disposal system, except in accordance with the requirements of Baldwin Parks’ Public Works Code and other applicable regulations.

(E) Radioactivity. No activity that emits dangerous levels of radioactivity shall be permitted at any time. (Ord. 1346, passed 5-2-12) Penalty, see § 10.99

(A) Safety lighting. Lighting for safety purposes shall be provided at entryways, along walkways, between buildings and within parking areas.

(B) Lighting support structure height. Lighting support structures shall not exceed the maximum permitted building height for the zone in which they are located. However, in no event shall a lighting support structure exceed a height of 40 feet.

(C) Candle-power. The candle-power of all lights shall be the minimum required to accomplish the purpose of the light. The adjacent diagram shall be used as a guide for determining the lighting required.

(D) Constant light. Flickering or flashing lights shall not be permitted. All lights shall be constant and shall not change intensity or color more often than once every 30 minutes.

(E) Buffer areas. Light sources shall not be located in buffer areas, except those required to illuminate pedestrian walkways.

(F) Lighting orientation and shielding. All lights shall be directed, oriented and shielded to prevent light from shining onto adjacent properties, onto public rights-of-way, and into driveway areas in a manner that would obstruct motorists’ vision.

(G) Advertising signs lighting. Lighting for advertising signs shall not cause light or glare on surrounding properties.

(Ord. 1346, passed 5-2-12)

(A) Utility service connections. The developer or owner of a property shall be responsible for utility service connections, in cooperation with responsible utility companies.

(B) Underground utilities. To protect public safety and improve the appearance of the community, all new development shall be required to install all electrical distribution lines of 16 kilovolts or less, telephone, cable television and similar wires that provide customer services underground, except for the following:

(1) Utility poles within six feet of the rear lot line for terminating underground facilities;

(2) Temporary utilities while construction is ongoing;

• (3) Risers and poles as provided by the developer or owner;

• (4) Meter boxes, terminal boxes and similar equipment;

• (5) Transformers, except that all transformers shall be located in underground vaults where possible; and

• (6) Infill development in residential zones where existing overhead lines serve the area.

• (Ord. 1346, passed 5-2-12)

No activity shall be permitted if it causes electrical disturbance that affects the operation of equipment located beyond the property line. Radio, television and microwave transmitters shall be suitably wired, shielded and controlled so that they do not emit electrical waves or impulses that may affect other electronic devices or equipment. (Ord. 1346, passed 5-2-12) Penalty, see § 10.99

(A) Standards applicable to all zones. The regulations in this section aim to prohibit unnecessary, excessive and annoying noises from all sources, as certain noise levels are detrimental to the health and welfare of individuals. The standards apply to all land uses in all zones unless otherwise specified.

(B) Noise measurements. Noise shall be measured with a sound level meter that meets the standards of the American National Standards Institute (ANSI Section S1.4-1979, Type 1 or Type 2). The unit of measure shall be designated as a decibel (dBA). Noise levels shall be measured in dBA at the property line of the receptor property, and at least four feet above the ground and five feet from the nearest structure or wall. Where a boundary or wall exists, the measurement shall be made on the receptor property. A calibration check shall be made of the instrument at the time any noise measurement is made.

(C) Exterior noise standards.

(1) No person shall create or allow the creation of noise that causes the exterior noise level to exceed the noise standards set forth in Table 153.140.070 (C).

TABLE 153.140.070 (C)

(2) Increases in the allowable exterior noise levels listed in Table 153.140.070 (C) may be permitted in accordance with the standards outlined in Table 153.140.070 (D).

TABLE 153.140.070 (D)

(D) Interior noise standards.

(1) No person shall create or allow the creation of noise that causes the interior noise level when measured within any dwelling unit to exceed 45 dbA at any time.

(2) Increases in the allowable interior noise level may be permitted in accordance with the standards outlined in Table 153.140.070 (F).

TABLE 153.140.070 (F)

(E) Enclosed equipment. Utilization of compressors or other equipment, including, but not limited, to vents, ducts and conduits, but excluding window or wall-mounted air-conditioners, which are located outside of the exterior walls of any building, shall be enclosed within a permanent, noncombustible, view-obscuring enclosure to ensure that the equipment will not emit noise in excess of the ANSI standards.

(Ord. 1346, passed 5-2-12)

(A) Odor standards. Any process that creates or emits and odors, gases or other odorous matter shall comply with standards set by the South Coast Air Quality Management District.

(B) Continuous, frequent or repetitive odorous gases. No use shall be permitted to emit continuous, frequent or repetitive odorous gases such as to be detectable without the aid of instruments at or beyond the lot line of the site. An odor emitted no more than 15 minutes in any one day shall not be deemed as continuous, frequent or repetitive. (Ord. 1346, passed 5-2-12)

Vibration may disturb the conduct of certain activities and create discomfort for some individuals. To minimize the disturbance and inconvenience from vibrations, no person or use shall create, maintain or cause ground vibration that is discernable without the aid of instruments to a person of normal sensitivity at any point on a property that is adjacent to the property of the vibration source. The ground vibration caused by moving vehicles, trains, aircraft or temporary construction or demolition is exempted.

(Ord. 1346, passed 5-2-12)

153.150 OFF-STREET PARKING AND LOADING

The intent of the regulations in this subchapter is to ensure that all land uses in the city provide adequate off-street parking facilities, loading areas and vehicle movement areas; that the use of land does not adversely interfere with the circulation on public rights-of-way; that private on-site circulation does not pose potential safety issues; and that surrounding uses are insulated from noise and traffic impacts associated with off-street parking and loading activities. (Ord. 1346, passed 5-2-12)

Every use permitted in each zone shall provide and permanently maintain off-street parking facilities and vehicular loading spaces as required by the provisions of this subchapter. The minimum standards shall apply to all new construction and to the expansion, renovation, conversion or alteration of any existing use or structure in any zone. (Ord. 1346, passed 5-2-12)

(A) Parking plan. Parking lot design shall be reviewed in conjunction with a building permit or any other land use or development permit required for a project. Wherever four or more parking spaces are required for a new or modified development, a site plan of the premises shall be required. The site plan shall be submitted to the City Planner and shall include sufficient detail to determine compliance with the provisions of this subchapter. The Director of Community Development shall have the authority to require that the parking plan address ingress and egress locations, traffic movements and other operational conditions.

(B) Zoning clearance. Modification or improvement to an existing parking lot that impacts the parking space layout, or the configuration or number of parking stalls shall require a zoning clearance to authorize the modification, pursuant to subchapter 153.210, Administrative Procedures.

(C) Exempt from parking plan review. The following parking lot improvements shall be considered minor in nature and shall be exempt from parking plan review:

(1) Repair of any defects in the surface of a parking area, including holes and cracks;

(2) Resurfacing, slurry coating and restriping of a parking area with identical delineation of parking spaces; and

(3) Repair or replacement of damaged planters and curbs in the parking area.

(Ord. 1346, passed 5-2-12)

Table 153.150.040 below indicates the minimum number of parking spaces required for each listed land use. The following regulations shall apply to the calculation of required parking spaces.

(A) Fractional numbers. Any fractional parking space greater than or equal to one-half shall be rounded to the next whole number.

(B) Off-street parking for unlisted land use. The number of parking spaces required for land uses not specifically listed shall be determined by the City Planner based on common functional, product or compatibility characteristics

and activities. Such determination is considered a formal interpretation of the Zoning Code and shall be decided and recorded as such.

(C) Multiple uses on one site. If more than one land use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the number requirements prescribed for each land use.

• (D) Handicapped/accessible parking. Handicapped/accessible parking shall be provided as required by state law. Table 153.150.040

Warehousing and distribution 1 space/1,000 square feet of building area

Note: Building area defined as gross usable area

(Ord. 1346, passed 5-2-12)

All required parking facilities shall be constructed and maintained in accordance with the following regulations.

• (A) Minimum standard parking space dimensions and location. Each standard surface parking space shall comply with the following requirements:

(1) Have a minimum width of nine feet or eight and one-half feet, (when the end parking space is adjacent to a building, light standard, wall, or obstruction, a minimum clearance between the curbface and the face of obstruction shall provide a minimum of two feet);

• (2) Have a minimum length of 18 feet (the length includes a two-foot overhang);

• (3) Be located so that an automobile is not required to back onto a public street; and

• (4) Maintain at least 24 feet of backup space directly behind each parking space.

• (B) Minimum parallel parking space dimensions. Each parallel surface parking space shall comply with the following requirements:

• (1) Have a minimum width of ten feet; and

• (2) Have a minimum length of 23 feet.

• (C) Minimum enclosed garage parking space dimensions. Each enclosed garage parking space shall comply with the following requirements:

• (1) Have a minimum width of ten feet; and

• (2) Have a minimum length of 20 feet.

• (D) Parking located in required yard areas. All parking spaces and facilities shall not be located within a required front or street side yard area.

• (E) Underground parking facilities. Underground parking facilities shall comply with the following requirements:

• (1) The parking facilities may be located within a required yard area, except a required front yard area; and

• (2) The parking facilities must be constructed in a manner acceptable to the City Engineer to ensure that there will be adequate lateral support and safe vehicular and pedestrian ingress and egress.

(Ord. 1346, passed 5-2-12; Am. Ord. 1453, passed 6-17-20)

In addition to the requirements set forth in § 153.150.050, any parking lot or structure developed in conjunction with any commercial or industrial use that is legally established within a residential zone shall comply with the following standards and limitations.

• (A) Parking space ingress and egress. Each surface parking space shall be located so that an automobile is not required to back onto a public street or onto any adjacent lot developed with a residential use.

• (B) Passenger vehicle parking only. The parking facility shall be used solely for the parking of private passenger vehicles belonging to patrons of the permitted use.

(C) Parking facility location. The parking facility shall be located directly adjacent to the nonresidential use it serves.

(D) Perimeter wall. A minimum six-foot-high masonry block wall shall be constructed on any lot abutting any residentially zoned property. The wall shall be reduced to three feet in height in and along any required front yard area.

(E) Front yard. A front yard area of at least ten feet in depth is required for such parking facilities, which shall be fully landscaped.

(F) Landscaped buffer. In addition to the masonry block wall, a fully landscaped buffer strip measuring a minimum of three feet in depth shall be provided on the nonresidential side of the wall.

(G) Access driveway width. The parking facility shall have and maintain a minimum vehicular access driveway width of 20 feet. However, the Director of Community Development shall have the authority to require a wider driveway width based on city and county fire department requirements and/or other circumstances associated with the location, purpose, and design of the driveway.

(Ord. 1346, passed 5-2-12)

(A) Pavement. All off-street parking spaces, driveways and aisles shall be paved with concrete or asphalt concrete pavement in accordance with adopted city standards.

(B) Pavement maintenance. The pavement within all parking and storage areas shall be structurally sound, clean and free of dust, mud and trash. All pavement repair, reconstruction or restoration work shall be done in accordance with city standards.

(C) Striping. All parking spaces shall be clearly striped showing the layout of the intended parking stalls. Striping shall not be less than three inches in width and shall be maintained so it is clear and visible.

(D) Wheel stops. Suitable concrete curb wheel stops or continuous curbing designed to stop the movement of vehicles may be required as a condition of project approval. Such curbing shall be securely installed and permanently maintained.

(E) Signage. Where required as conditions of approval for safety purposes, approved exit, entrance and directional signs and markings shall be installed and maintained.

(F) Screening wall. A solid masonry wall shall screen all parking areas located abutting a residentially zoned lot, street or alley. The wall shall be a minimum of 6 feet in height along rear and side yards and 3 feet along front and street side yard areas. All wall heights shall be measured from the grade of the surface of the residentially zoned lot. A minimum six-foot tall landscape berm may be substituted for the required wall adjacent to a front or street side yard, at the discretion of the City Planner, or by discretionary applications subject to Planning Commission review and approval.

(G) Lighting. Suitable lighting shall be provided to adequately illuminate each parking area. The lighting shall be arranged and maintained to reflect light away from adjacent properties, pursuant to subchapter 153.140, Performance Standards.

(H) Surface runoff. All parking lots shall be designed to drain in a manner that collects surface runoff consistent with standards enforced by the City Engineer which implements the requirements of the National Pollutant Discharge Elimination System Permit.

(Ord. 1346, passed 5-2-12)

(A) Parking space access. All required off-street parking spaces shall be located in parking lots independently accessible from a street at all times.

(B) Location. All required off-street parking spaces shall be located within 300 feet of the use or development requiring such spaces. If the parking spaces are provided on a lot separate from the use it serves, a covenant, acceptable to the City Attorney, shall be recorded associating the parking spaces to the use or development so served.

(C) Parking located in required yard areas. Required off-street parking spaces shall not be located within any required front and/or street side yard area.

(D) Pedestrian and emergency access. Parking spaces shall not preclude direct and free access to stairways, walkways, elevators, pedestrian access ways or fire safety equipment. Such access shall maintain a minimum width of 44 inches, no part of which shall be within a parking space.

(E) City Engineer approval. To ensure that interference with traffic flow on adjacent streets and alleys will be minimal, the location and design of all entrances and exits to streets or alleys from off-street parking facilities shall be subject to approval by the City Engineer.

(Ord. 1346, passed 5-2-12)

Parking facilities shall be used only temporarily and in conjunction with the uses they serve. Parking facilities shall not be used for other purposes, including, but not limited to, the storage of vehicles.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

(A) Vehicle overhang. Overhang of vehicles into landscaped areas is permitted, provided no vehicle overhangs a sidewalk or walkway and further, provided the landscape area is three feet or more in depth.

(B) Motorcycle stalls. Motorcycle stalls may be used as an option to utilize areas that would otherwise not be of adequate size for conventional parking spaces. Unless otherwise determined by the City Planner for a particular project, motorcycle stalls shall not count toward the number of required parking spaces.

(C) Parking space abutting wall or pillar. Piers and pillars shall not encroach into parking spaces. Where a parking space is located abutting a wall, pillar or similar structure, the parking space width and/or length shall be increased by a minimum of two feet.

(D) Tandem parking prohibited. Each parking space shall be accessible without requiring the movement of another vehicle. Except as provided for in § 153.120.360(E)(1), tandem parking arrangements are specifically prohibited.

(E) Parking lot design. The city shall adopt by resolution and maintain standards for the design and development of parking lots. All parking lot design and development shall adhere to those standards.

(Ord. 1346, passed 5-2-12; Am. Ord. 1430, passed 12-5-18; Am. Ord. 1464, passed 11-17-21)

Within parking lots, landscaping shall be provided for shade and climate control, to enhance project design and to screen the visual impact of vehicles and large expanses of pavement. Landscaped areas within parking lots shall comply with the following standards.

(A) Trees required. Trees shall be planted and maintained in all parking lots at a ratio of one tree for every ten parking spaces. The trees shall be placed throughout the parking lot in a manner that will ensure that most portions of the lot receive tree shade. Trees shall be of a variety that provides a broad canopy. The minimum size of such trees at planting shall be 36-inch box.

(B) Perimeter planter landscaping. Landscaping within the perimeter planter between the parking lot and any right-of-way shall be designed and maintained for partial screening of vehicles to a minimum height of 36 inches, measured from the finished grade of the parking lot. Screening materials may include any combination of plant materials, earthen berms, raised planters or other screening device deemed acceptable by the City Planner or Planning Commission.

(C) Required landscaping. A minimum of 10% of the parking lot area shall be landscaped. Parking lot landscaping shall not count toward required landscape coverage otherwise required for the zone in which a project is located.

(D) Landscape irrigation and maintenance. All landscaped areas shall be equipped with an automated irrigation system and shall be maintained at all times in a neat and healthy condition. To the greatest extent possible, native and drought-tolerant plant materials shall be used.

(Ord. 1346, passed 5-2-12)

(A) Shared parking conditions. The shared use of parking facilities may be permitted where particular uses or activities meet the following conditions:

(1) Parking facilities for any nonresidential use may share parking facilities with another use only if no

substantial conflict exists in the principal operating hours of the uses proposed to share parking facilities.;

(2) The maximum distance between the outer boundaries of the uses proposed to share parking facilities shall be 300 feet;

(3) All prospective users shall agree upon the shared use of the off-street parking facilities; and

(4) The adjacent or nearby properties shall not be adversely affected by the proposed shared parking.

(B) Shared parking report required. A parking report shall be prepared for review and approval by the Director of Community Development documenting the parking requirements of each use proposing to share parking facilities and further documenting how the sharing arrangement will satisfy the parking needs of each affected use.

(C) Legal agreement approved and recorded. If approved by the Director of Community Development, all parties sharing parking facilities shall sign a legal agreement. Such agreement shall be approved by the City Attorney and the Director of Community Development, and recorded with the County Recorder’s office. Copies of the agreement shall be filed with the Director of Community Development.

(Ord. 1346, passed 5-2-12)

(A) Residential zones. The City and County Fire Department shall approve the driveway widths and clearances. However, the following minimum standards shall be observed for driveways in residential zones:

(1) The minimum driveway width for R-1-7,500 and R-1 zoned properties shall be nine feet. No more than one driveway shall be provided on R-1-7,500 and R-1 lot;

(2) The minimum driveway width for R-G and R-3 zoned properties shall be 26 feet; and

(3) The minimum lot street frontage for all residential zones shall be 50 feet where dual driveways are provided.

(B) Nonresidential zones. Driveways serving parking facilities in nonresidential zones shall a minimum width of 24 feet. However, the Director of Community Development shall have the authority to require a wider driveway width or allow a narrower driveway width based on City and County Fire Department requirements and/or other circumstances associated with the location, purpose, and design of the driveway.

(C) Shared driveways. Shared use of driveways used in combination with abutting properties are permitted for commercial and industrial lots when proper easements or agreements, approved by the City Attorney, have been

executed, recorded and filed with the city.

• (D) Safety considerations.

(1) Driveways shall be designed and located in such a manner so as to ensure proper visibility to on-street traffic. Driveway design shall take into consideration slopes, curvature, speed and conflicting turning movements in the area. A clear cross-visibility area shall be maintained pursuant to § 153.130.080 and be kept free of obstacles such as signs, landscaping and structures.

(2) Driveways shall not be located where they would impede traffic on streets or intersections.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

(A) Loading minimum dimensions. The minimum dimensions of a loading space shall be 15 feet in width, 15 feet in length and 14 feet of vertical clearance.

(B) Minimum loading spaces required. The number of off-street loading spaces shall be in compliance with the standards set forth in Table 153.150.140.

TABLE 153.150.140

(C) Loading maneuvering. Loading areas shall be designed so that all truck back-up maneuvering occurs entirely on private property and does not utilize any public right-of-way.

(D) Loading facilities located in setback areas. Off-street loading facilities may not be located within any required setback area.

(Ord. 1346, passed 5-2-12)

(A) Minimum bicycle parking required. Bicycle parking shall be provided for multi-family residential, public and civic facilities, schools, retail, commercial and office uses in accordance with the following regulations:

(1) For multi-family dwelling units, one bicycle space for every five units shall be provided;

(2) For public and civic facilities, one bicycle space for each three automobile parking spaces, not required to exceed 25 bicycle spaces; and

(3) For retail and office uses, five bicycle spaces for the first 25 automobile spaces shall be provided, plus one space per ten additional vehicle spaces, but not required to exceed 20 bicycle spaces.

(B) Bicycle parking location. Bicycle parking shall be located on a paved surface, in proximity to a building entrance, in a visibly secure and well-lit location and adjacent to the building served.

(C) Bicycle parking minimum dimensions. The minimum dimensions for bicycle parking areas shall be two feet by six feet, plus a five-foot maneuvering space behind the bicycle rack area. (Ord. 1346, passed 5-2-12)

(A) Off-street parking waiver. A maximum of 40% of the off-street parking required by this subchapter may be waived when the lot or parcel of land is located within 500 feet of a city-owned public parking facility, with such distance measured between the property line of the subject parcel and the nearest point of the city-owned public parking facility.

(B) Waiver application and in-lieu fee. An application for waiver shall be reviewed by the City Council, which shall consider the effect that the waiver would have on the availability of and need for public parking within the neighborhood of the project. The City Council may approve the application in whole or in part, or may deny the application, as it determines appropriate to protect public health, safety and welfare. If the City Council determines to grant the application in whole or in part, the developer of parking the lot or parcel shall pay to the city an in-lieu parking fee for each space waived, in an amount to be established by resolution of the City Council.

(C) Parking in-lieu fee special fund. All fees collected pursuant to this section shall be deposited into a special fund that shall be specifically utilized for the purposes of providing for, facilitating the use of or maintaining city-owned public parking spaces.

(Ord. 1346, passed 5-2-12)

153.160 WATER-EFFICIENT LANDSCAPING STANDARDS

(A) Landscaping minimum standards and guidelines. The landscaping standards in this subchapter are established to set forth minimum standards and guidelines for the design, maintenance and installation of water-efficient landscaping and irrigation systems. Landscaping shall be utilized to enhance the visual quality of the environment, to reduce heat and glare, to identify building entries, to provide shade, to relieve the monotony of long expanses of building and walls, to control soil erosion and to buffer areas and land uses potentially incompatible with one another. (B) Water conservation. Water conservation measures shall be addressed through the water-efficient landscape and irrigation design. Sustainable landscapes are encouraged through actions that conserve and recycle the resources invested in landscapes.

• (C) Legislative direction. The California State Legislature has found:

• (1) That waters resources in California are of limited supply and are subject to ever-increasing demands.

• (2) That the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses.

(3) That it is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource.

(4) That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection and replacing ecosystems lost to development.

• (5) That landscape design, installation, maintenance and management can and should be water efficient.

(6) That Cal. Const. Art. X, §2 specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use. (Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

(A) Landscape projects. After December 1, 2015 and consistent with Executive Order No. B-29-15, the provisions of this subchapter shall apply to all of the following landscape projects:

(1) New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review.

(2) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review.

(B) The reporting requirements of this subchapter shall become effective December 1, 2015 and the remainder of this subchapter shall be effective no later than February 1, 2016.

(C) Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this subchapter or conform to the prescriptive measures contained in § 153.160.225.

(D) For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to § 153.160.220(A)(5) of the city's Municipal Code.

• (E) Exceptions. The provisions of this subchapter do not apply to:

• (1) Registered local, state or federal historical sites;

• (2) Ecological restoration projects that do not require a permanent irrigation system;

• (3) Mined-land reclamation projects that do not require a permanent irrigation system; and

• (4) Plant collections as part of botanical gardens and arboretums open to the public.

• (Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

The landscaping standards provided in this section shall apply to all parcels within the city.

(A) Landscape Design Manual and Design Guidelines Manual. A Landscape Design Manual and a Design Guidelines Manual, adopted by resolution of the City Council, shall together establish criteria for the design and review of landscape and irrigation plans, and such criteria shall be adhered to in the design of landscape and irrigation plans.

• (B) Landscape height. Shrubs, flowers, plants and hedges shall not exceed three feet in height.

• (C) Tree location. Trees may be planted in any required yard area.

• (D) Landscaping and irrigation system. Landscaping and a permanent irrigation system shall be maintained in the area between the front property line and the dwelling, building or structure.

• (E) Landscaping maintenance. Landscaping and vegetation shall be maintained as follows:

• (1) All landscaped areas shall be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood, and that protects the health, safety and welfare of the user, occupants and general public.

• (2) All landscaped areas shall be kept and maintained in a neat and clean condition, free of weeds, debris, litter, dead, diseased or dying vegetation and broken or defective decorative elements.

• (3) Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned and watered to maintain a healthy, growing condition.

(4) Irrigation systems shall be kept in good working condition and repair to prevent leaks or public health hazards.

(5) Vegetative overgrowth shall not be permitted in a manner that is likely to harbor rodents, vermin, insects or other nuisances; or impedes, obstructs or denies pedestrian or other lawful travel on sidewalks, walkways or other public rights-of-way.

(6) All property owners shall water, prune, weed and otherwise maintain landscaping in the parkway portions of adjoining streets, including street trees.

(7) Parkway landscaping shall be maintained by the abutting property owner.

(F) Water Conservation in Landscaping Act. Landscape planting shall emphasize drought-tolerant and native species, complement the architectural design of structures on the site and be suitable for the soil and climatic conditions of the site. Consistent with the purposes of Cal. Gov’t Code §§65591 et seq. (Water Conservation in Landscaping Act), all new and rehabilitated landscape projects shall comply with the following water-conserving landscape requirements:

(1) To the greatest extent possible, landscape material shall consist of drought-tolerant plants. Low-water-use plants shall be used in at least 50% of the total planted area. Planted areas shall consist of plant material well-suited to the given soil and climate of the region. Plant selection shall take into consideration water conservation through appropriate use and groupings of plants that are well adapted to particular sites and require similar watering needs and climatic, geological and topographical conditions.

be used in at least 50% of the total planted area. Planted areas shall consist of plant material well-suited to the given soil and climate of the region. Plant selection shall take into consideration water conservation through appropriate use and groupings of plants that are well adapted to particular sites and require similar watering needs and climatic, geological and topographical conditions.

(2) The maximum area permitted for turf shall be 50% of the total landscaped area on the site. Higher percentages may be permitted when sod is an essential part of the development such as playing fields for schools or parks and residential model units. Turf usage shall only be permitted for highly visual and functional use areas. Turf shall not be permitted in areas difficult to irrigate, such as sidewalk strips, slopes over 15% or narrow pathways.

(3) Where decorative water features such as pools, ponds or waterfalls are used in landscaped areas, such features shall incorporate recycling of water and where available, use of reclaimed water. Decorative water features shall be designed to minimize water loss.

(Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

The following standards shall apply to all parcels in the R-1 -7,500, R-1, R-G and R-3 zones:

(A) Minimum landscaping of lot. A minimum of 20% of the entire lot shall be fully landscaped with plant materials.

(B) Minimum landscaping of front yard area. A minimum of 50% of the front yard area between the street and dwelling unit shall be fully landscaped. Non-landscaped areas shall only be used for the purpose of pedestrian and vehicular access.

(C) Minimum landscaping of side yard area. A minimum of 50% of the street side yard areas between the street and dwelling unit shall be fully landscaped.

(D) Landscape maintenance. The property owner shall be responsible for the maintenance of all landscaping, including parkway landscaping, with maintenance, including, but not limited to, watering, pruning, fertilizing and replacing deteriorated plant materials.

(E) Landscaping adjacent to driveways and buildings. A strip of landscaping shall be installed and maintained adjacent to all driveways and buildings located upon any R-G and R-3 zoned lots. The location, area and design of such landscaped areas are subject to review and approval by the Director of Community Development or designee. (Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

All new and rehabilitated landscaping plans undertaken in conjunction with any private development project on commercial, industrial, mixed-use and other nonresidential properties, or those projects requiring a grading, building or use permit, shall comply with the following standards:

(A) Unpaved areas. All unpaved areas, including those portions of required yard areas not utilized for vehicular and pedestrian access, shall be landscaped with plant material, including some combination of trees, shrubs, groundcover and turf. Dry landscape material may be incorporated into the landscape design.

(B) Automatic irrigation system. All landscaped areas shall be provided with an automatic irrigation system, unless the Director of Community Development finds that such an irrigation system, due to the size, location or configuration of the landscaped area, cannot reasonably be installed and maintained.

(C) Plant sizes and plant spacing. To achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, plant material sizes and plant spacing shall comply with the following standards:

(1) The minimum plant size for trees shall be 15 gallons, unless otherwise specified by the provisions of this chapter. Trees planted within ten feet of a street, sidewalk, paved trail or walkway shall be a deep-rooted species or shall be separated from paved surfaces by a root barrier to prevent physical damage to public improvements. A minimum distance of 15 feet is required between the center of trees to street light standards, water meters, back-flow prevention systems, sewer cleanouts and fire hydrants.

(2) The minimum plant size for shrubs shall be five gallons.

(3) Groundcover, including turf, shall be planted in a manner to provide 100% coverage within one year of initial planting.

(D) Freeway frontage landscaping. Lots with freeway frontage shall provide and maintain freeway frontage landscaping on private property fronting the freeway.

(E) Parking lot landscaping. Parking lot landscaping shall be provided pursuant to § 153.150.110.

(Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

(A) Preliminary Landscape Design Plan required. In conjunction with any application subject to design review, a Preliminary Landscape Design Plan shall be provided. The plan shall contain the information described in § 153.160.070, and shall be reviewed by the Design Review Committee for compliance with the landscape design criteria contained in §§ 153.160.030, 153.160.040 and 153.160.050. The design review process represents the basis for approval or denial of a design proposal. No grading, building or use permit can be issued until a project has received approval from the Design Review Committee.

(B) Landscape Design Plan. Following the granting of all required planning and subdivision approvals, full construction drawings shall be submitted to the Building Division for plan check approval. Drawings submitted for plan check shall include the entire Landscape Documentation Package described in § 153.160.080, including the approved Preliminary Landscape Design Plan. The Landscape Design Plan shall be in substantial conformity with the approved Preliminary Landscape Design Plan prior to issuance of building permits. (Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

A Preliminary Landscape Design Plan shall specify the items detailed below. Special design attributes may require detail drawings and/or the submittal of manufacturer's literature.

(A) Planting material. Locate and identify all landscape planting material, including trees, shrubs, groundcover and turf. Planting symbols shall be clearly drawn.

• (B) Reference. Reference planting symbols, specifying botanical name, common name, container size, spacing and quantities.

(C) Existing mature trees. Locate all existing mature trees, noting biological name, common name and approximate trunk size, measured at two feet above existing grade. Note trees to be removed, relocated on-site or maintained in place.

• (D) Hydrozones. Express variation in water need. Designate hydrozones as low, moderate or high water usage.

• (E) Hardscape. Locate and identify all paving and hardscape material.

• (F) Height. Locate and identify the height of all walls, fences and gates.

• (G) Outdoor amenities. Locate and identify all outdoor amenity features, including, but not limited to pools, spas, various water features, trellises, gazebos, play equipment, picnic tables and benches.

• (Am. Ord. 1379, passed 11-4-15)

The Landscape Documentation Package shall include the following elements:

• (A) The following project information shall be provided in the Landscape Documentation Package.

• (1) Date.

• (2) Project applicant.

• (3) Project address (if available, parcel and/or lot number(s)).

• (4) Total landscape area (square feet).

• (5) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed).

• (6) Water supply type (e.g., potable, recycled, well) and identify the local water purveyor.

• (7) Checklist of all documents in Landscape Documentation Package.

• (8) Project contacts to include contact information for the project applicant and property owner.

• (9) Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package."

• (B) Approved Preliminary Landscape Design Plan.

• (C) Water Efficient Landscape Worksheet as described in § 153.160.110.

• (D) Soil Management Report as described in § 153.160.120.

• (E) Landscape Design Plan as described in § 153.160.090.

• (F) Irrigation Design Plan as described in § 153.160.100.

• (G) Grading Design Plan as described in § 153.160.130.

• (Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

(A) Landscape design criteria. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package:

• (1) Plant material.

• (a) Any plant may be selected for the landscape, providing the estimated total water use (as described in §

• 153.160.110(D)) in the landscape area does not exceed the maximum applied water allowance (as described in §

• 153.160.110(C)). To encourage the efficient use of water, the following is highly recommended:

1. Protection and preservation of native species and natural vegetation.

2. Selection of water-conserving plant and turf species.

3. Selection of plants based on disease and pest resistance.

4. Selection of trees based on applicable local tree ordinances or tree shading guidelines.

5. Selection of plants from local and regional landscape program plant lists.

• (b) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in § 153.160.100(A)(2)(d).

(c) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:

1. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude and varying degrees of continental and marine influence on local climate.

2. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines).

3. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

• (d) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).

(e) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required pursuant to Cal. Pub. Res. Code §4291(a) and (b). Avoid fireprone plant materials and highly flammable mulches.

• (f) The use of invasive and/or noxious plant species is strongly discouraged.

(g) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

• (2) Water features.

• (a) Recirculating water systems shall be used for water features.

• (b) Where available, recycled water shall be used as a source for decorative water features.

• (c) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

• (3) Mulch and amendments.

• (a) A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in

turf areas, creeping or rooting groundcovers or direct seeding applications where mulch is contraindicated.

• (b) Stabilizing mulching products shall be used on slopes.

• (c) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

• (d) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.

• (B) Landscape design plan attributes. The landscape design plan, at a minimum, shall have the following items:

• (1) North arrow.

• (2) Scale (preferably an engineer's scale of 1"=10' or 1"=20').

• (3) Delineated property lines and easements, including utility easements.

• (4) Adjacent streets, including location, dimension, and centerline.

• (5) Existing and proposed public improvements, including right-of-way and street dedications.

• (6) All existing and planned buildings and structures on site.

• (7) Delineate and label each hydrozone by number, letter or other method.

• (a) Identify each hydrozone as low, moderate, high water or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation.

• (b) Identify recreational areas.

• (c) Identify areas permanently and solely dedicated to edible plants.

• (d) Identify areas irrigated with recycled water.

• (e) Identify type of mulch and application depth.

• (f) Identify soil amendments, type and quantity.

• (8) Identify type and surface area of water features.

• (9) Identify hardscapes (pervious and non-pervious).

• (10) Identify location and installation details, and 24-hour retention or infiltration capacity of any applicable

stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited, to:

• (a) Infiltration beds, swales and basins that allow water to collect and soak into the ground.

• (b) Constructed wetlands and retention ponds that retain water, handle excess flow and filter pollutants.

• (c) Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff.

• (11) Identify any applicable rain harvesting or catchment technologies as discussed in §153.160.220 and their 24hour retention or infiltration capacity.

• (12) Identify any applicable graywater discharge piping system components and area(s) of distribution.

• (13) Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan."

(14) Bear the signature of a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape. (See Cal. Bus. & Prof. Code §§ 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701 and 7027.5, § 832.27 of Title 16 of the California Code of Regulations and Cal. Food & Agric. Code § 6721.)

(Am. Ord. 1379, passed 11-4-15)

(A) Irrigation system requirements. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package:

• (1) System.

(a) Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all nonresidential irrigated landscapes of 1,000 square feet and residential irrigated landscaped of 5,000 square feet or greater. A landscape water meter may be either

1. A customer service meter dedicated to landscape use provided by the local water purveyor; or

2. A privately owned meter or submeter.

(b) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory shall be required for irrigation scheduling in all irrigation systems.

(c) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressureregulating devices such as inline pressure regulators, booster pumps or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

2. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

(d) Sensors (rain, freeze, wind, and the like), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

(e) Manual shut-off valves (such as a gate valve, ball valve or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

(f) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system.

(g) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all non-residential landscapes and residential landscapes of 5,000 square feet or larger.

(h) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

(i) The irrigation system shall be designed to prevent runoff, low head drainage, overspray or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways or structures.

(j) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

(k) The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

(l) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in § 153.160.110 regarding the Maximum Applied Water Allowance.

(m) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard", All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

(n) It is highly recommended that the project applicant inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

(o) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

(p) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

(q) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.

(r) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turf grass.

• (s) Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

• (t) Areas less than ten feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

(u) Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel or other porous material. These restrictions may be modified if:

1. The landscape area is adjacent to permeable surfacing and no runoff occurs.

2. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

3. The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates strict adherence to irrigation system design criteria in §

153.160.100(A)(1)(h). Prevention of overspray and runoff must be confirmed during the irrigation audit.

(v) Slopes greater than 25% shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

• (2) Hydrozone.

(a) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions and plant materials with similar water use.

(b) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

(c) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

(d) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

1. Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor.

2. The plant factor of the higher water using plant is used for calculations.

• (e) Individual hydrozones that mix high and low water use plants shall not be permitted.

(f) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table which is required in the Water Efficient Landscape Worksheet. This table can also assist with the irrigation audit and programming the controller.

(B) Irrigation design plan requirements. The irrigation design plan, at a minimum, shall contain:

(1) The point of connection to the public water supply, and location and size of separate water meters for landscape.

(2) Location, type, size and manufacturer of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators and backflow prevention devices.

• (3) Static water pressure at the point of connection to the public water supply.

(4) Flow rate (gallons per minute), application rate (inches per hour) and design operating pressure (pressure per square inch) for each station.

• (5) Recycled water irrigation systems as specified in § 153.160.190.

• (6) The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan."

(7) The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor or any other person authorized to design an irrigation system. (See Cal. Bus. & Prof. Code §§ 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701 and 7027.5, §832.27 of Title 16 of the California Code of Regulations and Cal. Food & Agric. Code § 6721.)

• (Am. Ord. 1379, passed 11-4-15)

(A) Water Efficient Landscape Worksheet required. A project applicant shall submit the Water Efficient Landscape Worksheet, as provided in the Landscape Design Manual, which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. The ETWU must be below the MAWA. In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table contained in the waterefficient landscape packet available from the Community Development Director. Because the city is not covered by the Reference Evapotranspiration Table as provided in the Landscape Design Manual, projects shall use data from other cities located nearby in the same reference evapotranspiration zone, such as the City of Monrovia, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

(B) Water budget calculations. Water budget calculations shall adhere to the following requirements:

(1) The plant factor used shall be from the Water Use Classification of Landscape Species (WUCOLS) or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for low water use plants, from 0.4 to 0.6 for moderate water use plants and from 0.7 to 1.0 for high water use plants.

(2) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

(3) All Special Landscape Areas shall be identified and their water use calculated as described below.

(4) ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. (Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

Soil management report required. To reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his or her designee, as follows:

• (A) Submit soil samples to a laboratory for analysis and recommendations.

• (1) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

• (2) The soil analysis shall include, as applicable:

• (a) Soil texture.

• (b) Infiltration rate determined by laboratory test or soil texture infiltration rate table.

• (c) pH.

• (d) Total soluble salts.

• (e) Sodium.

• (f) Percent organic matter.

• (g) Recommendations.

• (B) The project applicant, or his or her designee, shall comply with one of the following:

• (1) If significant mass grading is not planned, the soil analysis report shall be submitted as part of the Landscape Documentation Package.

• (2) If significant mass grading is planned, the soil analysis report shall be submitted as part of the Certificate of Completion.

• (C) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

(D) The project applicant, or his or her designee, shall submit documentation verifying implementation of soil analysis report recommendations with Certificate of Completion.

• (Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

Grading. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff and water waste. A grading plan, prepared by a civil engineer, shall be submitted as part of the Landscape Documentation Package.

• (A) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including all of the following:

• (1) Height of graded slopes.

• (2) Drainage patterns.

• (3) Pad elevations.

• (4) Finish grade.

• (5) Stormwater retention improvements, if applicable.

• (B) To prevent excessive erosion and runoff, it is highly recommended that project applicants do the following:

• (1) Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to nonpermeable hardscapes.

• (2) Avoid disruption of natural drainage patterns and undisturbed soil.

• (3) Avoid soil compaction in landscape areas.

(C) The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law.

• (Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

Upon receipt of the permit for the Landscape Documentation Package and completion of the landscaping and irrigation system, the developer shall submit a Certificate of Completion, as provided in the Landscape Design Manual, to the Director of Community Development for review. The following details apply to the Certificate of Completion:

(A) Standard form. The Certificate of Completion shall be on a standard form approved by the Director of Community Development.

(B) Compliance statement. The Certificate of Completion shall include a statement that the landscaping and irrigation system have been installed in substantial compliance with the approved Landscape Documentation Package. It shall acknowledge the evaluation of the landscape and irrigation system by a California licensed landscape architect, landscape contractor or other individual deemed qualified by the Director of Community Development.

(1) Where there have been significant changes made in the field during construction, these 'as-built' or record drawings shall be included with the certification;

(2) SA diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

(C) Irrigation scheduling parameters. The Certificate of Completion shall include the irrigation scheduling parameters used to set the controller pursuant to § 153.160.150.

(D) Landscape and irrigation maintenance schedule. The Certificate of Completion shall include a landscape and irrigation maintenance schedule pursuant to § 153.160.160.

(E) Irrigation audit report. The Certificate of Completion shall include an irrigation audit report pursuant to § 153.160.170.

(F) Soils analysis report. The Certificate of Completion shall include a soils analysis report if not previously submitted with the Landscape Documentation Package pursuant to § 153.160.120.

(G) Submit Certificate of Completion to Director. The developer shall submit the Certificate of Completion to the Director of Community Development prior to the issuance of occupancy permits.

(H) Submit Certificate of Completion to purveyor and owner. The developer shall submit approved copies of the Certificate of Completion to the local water purveyor and property owner or his or her designee.

(Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

For the efficient use of water, all irrigation schedules shall be developed, managed and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

(A) Automatic irrigation controllers. Irrigation scheduling shall be regulated by automatic irrigation controllers.

(B) Allowable hours of irrigation. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor or other agency, a stricter schedule shall apply. Operation of the irrigation system outside the normal watering window is only allowed for auditing and system maintenance.

(C) Irrigation schedule implementation. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance. Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

(D) Automatic controller parameters. Parameters used to set the automatic controller shall be developed and submitted for each of the following:

• (1) The plant establishment period.

• (2) The established landscape.

• (3) Temporarily irrigated areas.

• (E) Stations. Each irrigation schedule shall consider for each station all of the following that apply:

• (1) Irrigation interval (days between irrigation).

• (2) Irrigation run times (hours or minutes per irrigation event to avoid runoff).

• (3) Number of cycle starts required for each irrigation event to avoid runoff.

• (4) Amount of applied water scheduled to be applied on a monthly basis.

• (5) Application rate setting.

• (6) Root depth setting.

• (7) Plant type setting.

• (8) Soil type.

• (9) Slope factor setting.

• (10) Shade factor setting.

• (11) Irrigation uniformity or efficiency setting.

• (Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

(A) Regular maintenance schedule required. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.

(B) Regular maintenance schedule contents. A regular maintenance schedule shall include, but not be limited to: routine inspection, auditing, adjustment and repair of the irrigation system and its components, aerating and dethatching turf areas, topdressing with compost, replenishing mulch, fertilizing; pruning, weeding in all landscape areas and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

(C) Irrigation equipment repairs. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

(D) Sustainable practices. A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.

(Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

(A) Landscape irrigation audit. All landscape irrigation audits shall be conducted by a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

(B) Irrigation water usage and report. For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in § 153.160.020, the following shall apply:

(1) The project applicant shall submit an irrigation audit report with the Certificate of Completion that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for the accurate programming.

(2) The city may require an irrigation water use analysis, irrigation audits, or irrigation surveys to ensure compliance with the maximum applied water allowance.

(Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.

(Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

(A) Recycled water irrigation systems. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

(B) Laws. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.

(C) Special landscape areas. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. (Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

Any proposed graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable city standards.

(Ord. 1379, passed 11-4-15)

(A) Stormwater best management practices. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

(B) Regional Water Quality Control Board. Project applicants shall refer to the Regional Water Quality Control Board for information on any applicable stormwater technical requirements.

(C) Friable soil. All planted landscape areas are required to have friable soil to maximize water retention and infiltration.

(Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

(A) Statement of intent. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.

(B) Education requirements.

(1) All model homes shall be landscaped and shall use signs and written information to demonstrate the principles of water-efficient landscapes described in this ordinance.

(2) Developers shall provide information to owners of new, single-family residential homes regarding the design, installation, management and maintenance of water-efficient landscapes.

(3) Signs shall be used to identify all models as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment and others that contribute to the overall water-efficient theme.

(4) Information shall be provided about designing, installing, managing and maintaining water-efficient landscapes.

(Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

(A) Existing landscapes requirements. This section shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size.

(1) For all landscapes that have a water meter, the city shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as:

MAWA = (0.8) (Eto)(LA)(0.62)

where:

MAWA = Maximum Applied Water Allowance (gallons per year)

ETo = Reference Evapotranspiration (inches per year)

• 0.62 = Conversion Factor (to gallons)

• 0.7 = ET Adjustment Factor (ETAF)

LA = Landscape Area including SLA (square feet)

• 0.3 = Additional Water Allowance for SLA

SLA = Special Landscape Area (square feet)

• (2) For all landscapes that do not have a meter, the city shall administer programs that may include, but not be

limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

(B) Landscape irrigation audits. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

(Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

Compliance with the following items is mandatory and must be documented on a landscape plan in order to achieve prescriptive compliance.

• (A) Submit a Landscape Documentation Package which includes the following elements:

• (1) Date.

• (2) Project applicant.

• (3) Project location including parcel number.

• (4) Total landscape area in square feet, including a breakdown of turf and plant material.

• (5) Project type (new, rehabilitated, public, private, home-owner installed).

• (6) Water supply type (potable, recycled, well) and identify the local retail water purveyor.

• (7) Contact information for the project applicant and property owner.

• (8) Applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option.”

• (B) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area unless contra-indicated by a soils test).

• (C) Plant material shall comply with all of the following:

• (1) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water;

• (2) For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water.

• (3) A minimum three inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

• (D) Turf shall comply with the following:

• (1) Turf shall not exceed 20% of the landscape area in residential areas, and there shall be no turf in nonresidential areas.

• (2) Turf shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every four feet of horizontal length;

(3) Turf is prohibited in parkways less than ten feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by subsurface irrigation or by other technology that creates no overspray or runoff.

• (E) Irrigation systems shall comply with the following:

• (1) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data.

• (2) Irrigation controllers shall be of a type which does not lost programming date in the event the primary power source is interrupted.

• (3) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.

• (4) Manual shut-off valves (such as gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.

(5) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014. "Landscape Irrigation Sprinkler and Emitter Standard," All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. (Ord. 1379, passed 11-4-15)

In addition to the requirements contained in this subchapter, regulations contained in subchapters 153.150, OffStreet Parking and Loading, and 153.200, Nonconforming Lots, Structures and Uses, may apply to landscaping. (Ord. 1346, passed 5-2-12; Am. Ord. 1379, passed 11-4-15)

153.165 TREE PRESERVATION AND PROTECTION

This subchapter establishes regulations and standards to promote the benefits of a healthy urban forest in the city. Trees are valuable long-term community assets by, among other things, providing increased shade which lowers energy needs for cooling, soil stabilization, absorption of stormwater, carbon sequestration, absorption of particulate matter, habitats for birds and other animals and general aesthetic benefits. The intent of this subchapter is as follows. (A) Public trees. Establish standards and measures for preserving and protecting trees located on public and private property.

(B) Mature trees. Establish standards and measures for preserving and protecting Mature Trees on private property.

(C) Tree canopy. Maintain, to the greatest extent possible, a maximum amount of tree canopy coverage throughout the city.

(D) Healthy trees. Maintain trees in a healthy condition through good arboricultural practices.

(E) Protect trees. Prohibit indiscriminate damage and destruction of trees in the city.

(Ord. 1346, passed 5-2-12)

Unless otherwise provided by another provision of this subsection, the provisions of this subsection shall apply to every public tree, every required tree and every mature tree located on private property.

(Ord. 1346, passed 5-2-12)

(A) Tree Advisory Board established. The Planning Commission is designated as the city’s Tree Advisory Board.

(B) Responsibilities. The Tree Advisory Board shall study the problems related to tree protection and preservation and determine the needs of the city related to tree planting and maintenance in public and private areas, establish and revise as needed the Tree Master Plan as provided in § 153.165.060, and hold discussions of tree-related issues at public meetings.

(C) Appeals. Any decisions made by the Tree Officer with regard to tree maintenance and preservation on private property may be appealed to the Tree Advisory Board.

(Ord. 1346, passed 5-2-12)

(A) Tree Department designated. The Community Development Department is designated as the city’s Tree Department. The Tree Officer, who is designated by Chief Executive Officer, shall implement the functions of the Tree Department.

• (B) Responsibilities. The Tree Officer shall:

• (1) Make determinations on removing a tree from public or private property based upon a tree report prepared by a certified arborist, an analysis of the established tree removal criteria and any other relevant facts;

• (2) Issue permits and make any determinations specified under this subchapter; and

• (3) Prepare the Tree Master Plan for consideration by the Tree Advisory Board and the City Council.

(C) Consultation. All departments, agencies and personnel of the city shall consult with the Tree Officer prior to engaging in any action which would require the removal of, or which would otherwise substantially affect or seriously jeopardize the health of, any public trees.

• (Ord. 1346, passed 5-2-12)

(A) Private property owner responsibilities. It shall be the duty of the owner or person in possession of each lot in the city to:

(1) Accept, protect and provide adequate water to any Public Tree planted in parkways or other public right-ofway abutting such lots, and not to interfere with the city’s maintenance and pruning of such trees; and

(2) Notify the Tree Officer of any suspected tree hazards or maintenance needs of any Public Tree on his or her property. An application for trimming or removal is not required for such notification.

(B) City responsibilities. The city shall be responsible for planting, trimming, pruning, removing and other forms of maintenance of public trees.

(Ord. 1346, passed 5-2-12)

(A) Prepare Tree Master Plan. The Tree Officer or other employee designated by the Chief Executive Officer, in consultation with the Public Works Director, shall authorize preparation of a Tree Master Plan. The Tree Master Plan shall apply to Public Trees and shall include, in general, maps of streets and public areas in the city upon which there shall be designated a general plan for the uniform planting of trees, and specifications for the size and type of such trees permissible within parkways and other public places within the city. No species other than those included in this list may be planted in public areas without written permission of the Tree Officer.

(B) Administration and implementation. The Tree Department shall be responsible for administering and implementing the approved Tree Master Plan, and recommending to the Tree Advisory Board any changes or additions to the Tree Master Plan.

(Ord. 1346, passed 5-2-12)

(A) Planting. Only city personnel or contractors to the city shall plant trees on public property, including parkways. (B) Approval. All public tree plantings must first be approved by the Tree Officer as to type of tree species, location of planting and method of planting.

(Ord. 1346, passed 5-2-12)

(A) Pruning and removal. All pruning and removal of trees on public property shall be undertaken only by employees or contractors of the city.

(B) Certified arborist. Persons or firms engaged in the business of pruning, treating or removing any Public Tree shall be recognized by the International Society of Arboriculture as a certified arborist. All such persons or firms shall carry evidence of liability insurance and workmen’s compensation. No certification shall be required by any public employee doing such work in the pursuit of his or her public service endeavors.

(C) Public tree injury. It shall be unlawful to injure or destroy any public tree by any means, including, but not limited, to the following:

(1) Placement of fences, rocks, gravel, signs, stakes or any other objects immediately adjacent to a tree, excepting for watering basins for young trees and objects for the temporary protection of new plantings of ground cover;

(2) Construction of a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any such tree with a closing of less than 42 inches by 42 inches so as to shut off air, light or water from its roots;

(3) The piling of building material and equipment or other substance and materials around any such tree so as to cause injury thereto;

(4) Spraying or pouring any chemical or other deleterious matter on or around any such tree and the surrounding ground, lawn or sidewalk;

(5) Posting any sign, poster or notice on any such tree, or by fastening guide wires, cables, ropes, nails, screws or other devices to any such tree; and/or

(6) Causing or encouraging any fire near or around any such tree.

(D) Public tree construction protection. During the construction, repair, alteration, moving or removal of any building, structure or any other type of construction in the city, no person in control of such work shall leave any public tree in the vicinity of such activity without sufficient guards or protectors to prevent injury to the tree. Protectors shall include, but not be limited to, chain-link or wood fencing and staking, as determined by the Tree Officer.

(E) Application for tree pruning or removal. A decision on an application for tree pruning or removal shall be made according to the standards of this subchapter and shall be subject to the procedures for appeal and review set forth in § 153.210.150. All applications shall be reviewed by a certified arborist at the expense of the applicant.

(F) Written notice. No noticed public hearing shall be required for an application under this subchapter unless otherwise required by another section of this code or state or federal law. The Tree Officer shall give at least ten days written notice to abutting property owners prior to removal of any public tree. No notice shall be required if the public tree has been determined to be exempted from this subchapter pursuant to § 153.165.100. In the event of a decision under this subchapter for the removal of five or more public trees in a given area, the Tree Officer shall also notify the Tree Advisory Board.

(G) Replacement. The city may replace at no cost to the abutting property owner those Public Trees which necessitate removal and replacement, as determined by the Tree Officer. This may occur only in cases where the property owner was not responsible for the conditions and events necessitating replacement. (Ord. 1346, passed 5-2-12) Penalty, see § 10.99

(A) Tree removal permit. No person shall remove a mature tree or required tree on private property without first obtaining a permit from the Tree Officer. The Tree Officer shall grant a permit to remove a mature tree or required tree only if one of the following findings can be made:

(1) The mature tree or required tree constitutes a nuisance or hazard by virtue of its condition, location, species, proximity to existing structures, walkways or utilities;

(2) The removal of the mature tree or required tree is deemed necessary by a certified arborist to protect the health of other trees in the vicinity due to disease or infestation affecting the subject tree;

(3) The substantial trimming or removal of the mature tree or required tree is deemed necessary to accommodate solar access pursuant to the California Solar Shade Control Act of 1979;

(4) The substantial trimming or removal of the mature tree or required tree is necessary to prevent a substantial inconvenience or financial hardship to the property owner; or

(5) A suitable replacement tree in terms of species and ultimate size will be planted within six months of the permitted removal of the subject tree.

The size, location and species of the replacement tree(s) shall be determined by the Tree Officer with consultation of the applicant and taking into consideration such factors as the size, location, type of tree, number of trees on the property and number of trees in the surrounding neighborhood. The Tree Officer may consider the option of relocating the subject tree in another location on the subject property.

(B) Tree removal decision and appeal. A decision on an application for removal of a private tree shall be made according to the standards of this subchapter and shall be subject to the procedures for appeal and review set forth in § 153.210.150. No noticed public hearing shall be required for an application under this subchapter unless otherwise required by another subchapter of this chapter or state or federal law.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

The provisions of this subchapter do not apply to the following.

(A) Threat to public property or welfare. The removal or pruning of any tree which poses an imminent threat to public property or welfare, as determined by a member of a responding law enforcement agency, the Los Angeles County Fire Department or the Public Works Director.

(B) Normal pruning. Normal and routine trimming or pruning of trees on private property that does not result in damage or death to a tree and/or does not result in loss of more 50% of the live foliage and limbs or root base, and removal of deadwood.

(C) Required removal. The removal of any tree on public property as directed by any county, state or federal agency or insurance provider.

(D) Diseased or dead tree. The removal of a diseased or dead tree on public property as determined by the Tree Officer.

(E) Utility tree pruning. Tree pruning necessary to provide clearance from existing overhead electric lines as mandated by the California Public Utilities Commission.

(Ord. 1346, passed 5-2-12)

153.170 SIGN REGULATIONS

The intent and purpose of these sign regulations are to:

(A) Urban design and safety standards. Implement the city's urban design and safety standards as set forth in the general plan.

(B) City appearance. Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs.

(C) Pedestrian and vehicular traffic safety. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards.

(D) Traffic safety hazards. Eliminate traffic safety hazards to pedestrians and motorists posed by off-site signs.

(E) On-site signage. Generally limit private signage to on-site locations to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.

(F) Communication. Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages.

(G) Free speech. Respect and protect the right of free speech by sign display, while reasonably regulating the structure, location and other non-communicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics.

(H) Nearby effects. Minimize the possible adverse effects of signs on nearby public and private property.

(I) Visual quality. Serve the city's interests in maintaining and enhancing its visual appeal by preventing the degradation of visual quality which can result from excess signage.

(J) Protect investment and quality of life. Protect investments in property and lifestyle quality made by persons who choose to live, work or do business in the city.

(K) Residential neighborhoods. Defend the peace and tranquility of residential zones and neighborhoods.

(Ord. 1346, passed 5-2-12; Am. Ord. 1397, passed 4-5-17; Am. Ord. 1402, passed 11-15-17; Am. Ord. 1510, passed 6- 19-24)

(A) Compliance. Signs or advertising displays that are erected or maintained within the city shall comply with the provisions of this subchapter and any other applicable federal, state and local statues or laws.

(B) Additive requirements. The requirements of this subchapter, shall be applied in addition to any other requirements contained in the zoning code.

(C) Conflicts. In the event of direct and irreconcilable conflict between any provisions of this subchapter and any other provisions of the zoning code or this code, the more restrictive requirements shall govern.

(Ord. 1346, passed 5-2-12; Am. Ord. 1397, passed 4-5-17; Am. Ord. 1402, passed 11-15-17; Am. Ord. 1510, passed 6- 19-24)

(A) Sign permit required. Unless otherwise exempted by § 153.170.040, a sign permit shall be required prior to the placement, construction or physical alteration of the size, height or location of any sign or advertising display in the city. A sign permit may be obtained from the Planning Division pursuant to the provisions of §§ 153.210 et seq., Administrative Procedures.

(B) Variance. Signs that do not comply with the requirements of this subchapter, shall not be permitted unless a variance has been granted pursuant to the provisions of §§ 153.210 et seq., Administrative Procedures.

(Ord. 1346, passed 5-2-12; Am. Ord. 1397, passed 4-5-17; Am. Ord. 1402, passed 11-15-17; Am. Ord. 1510, passed 6- 19-24)

(A) Applicability. Unless otherwise specified, the signs listed in this subchapter are categorically exempt from the permit requirement. The signs listed in this section are subject to compliance with all other provisions of this subchapter and other applicable codes, regulations or rules.

(B) Restrictions on illumination. All exempt signs shall be non-illuminated, externally illuminated, or internally illuminated.

(C) Exempt signs. The following categories of signs do not require a sign permit:

• (1) Non-residential signs. On non-residential property:

(a) Up to 20 flags or pennants with a combined area of no more than 80 square feet on a staff or pole of no longer than 20 feet, however, no individual flag or pennant may exceed 15 square feet in area;

(b) Up to 15 permanent signs with a combined area of no more than 45 square feet and a height of no more than eight feet, however, no individual sign may exceed 15 square feet in area;

(c) Up to four temporary window signs with a combined area of no more than 24 square feet, however, no individual sign may exceed 12 square feet in area and no more than 40% of the area of any given window may be covered by window signs; and

(d) Up to eight other temporary signs with an combined area of no more than 30 square feet and a height of no more than four feet, however, no individual sign may exceed 15 square feet in area. Size limits for window signs with transparent backgrounds (instead of opaque backgrounds) placed on glass doors are doubled.

(e) Where properties include multiple tenants, each tenant may display two flags of no more than 12 square feet, and temporary or permanent signs with a combined area of no more than nine square feet, in addition to the nonresidential exemption provided above.

• (2) Residential signs. On residential property:

• (a) Up to three flags or pennants of up to ten square feet on a staff or pole of no longer than eight feet;

• (b) Up to three permanent signs with a combined area of no more than ten square feet and a height of no more than four feet;

• (c) Up to six temporary window signs with a combined area of no more than nine square feet, except that no more than 50% of the area of any given window may be covered by window signs; and

(d) Up to four other temporary signs with a combined area of no more than ten square feet and a height of no more than three feet.

(e) Where residential properties include multiple dwelling units, each dwelling unit may display one flag of no more than six square feet, and temporary or permanent signs with a combined area of no more than six square feet, in addition to the basic residential exemption provide above.

(Ord. 1346, passed 5-2-12; Am. Ord. 1397, passed 4-5-17; Am. Ord. 1402, passed 11-15-17; Am. Ord. 1510, passed 6- 19-24)

The following signs are prohibited on any property within the city:

• (A) Abandoned signs.

• (B) Animated signs, except as provided for electronic readerboard signs as permitted pursuant to § 153.170.080(D).

• (C) Inflatable/balloon signs.

• (D) Roof signs.

• (E) Murals.

• (F) Can (box) signs.

• (G) Off-site signs (billboards), except as approved as a part of a billboard relocation agreement pursuant to the

terms of this chapter or as provided for billboards or digital billboards permitted per § 153.170.110.

• (H) Off-site signs. Off-site identification signs, except government, civic signs as provided in this subchapter.

• (I) Portable signs, including A-frame, sandwich board signs, and vehicle-mounted signs.

• (J) Cross-visibility area. Any sign located within a required clear cross-visibility area.

• (K) Permission not granted. Signs erected without the permission of the owner of the property on which the sign is located.

• (L) Signs in the public right-of-way. Signs within or projecting over a public right-of- way.

(M) Imitation traffic signs. Signs which purport to be, are an imitation of, or resemble official traffic warning devices or signs, that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic, impede the flow of traffic or create a traffic hazard, excluding authorized on-site directional sites.

• (N) Painted signs. Signs painted directly on an exterior wall, fence, fascia or parapet.

• (O) Signs attached to utility poles. Signs attached to utility poles, unless specifically approved by the utility company in writing.

• (P) Signs attached other features. Signs attached to trees, fences, bridges or light poles.

(Q) Vehicle signs. Vehicle signs, where the primary purpose or use of the vehicle is the display of advertising material. This does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used.

• (R) Disrepair. Any sign that is in disrepair.

(Ord. 1346, passed 5-2-12; Am. Ord. 1397, passed 4-5-17; Am. Ord. 1402, passed 11-15-17; Am. Ord. 1510, passed 6- 19-24) Penalty, see § 10.99

(A) Permitted temporary signs. In addition to exempt temporary signs pursuant to § 153.170.040(C), temporary signs may be permitted on the site of any business holding a grand opening or promoting a special product, sale, or event. The following types of temporary signs are permitted under such circumstances, provided they comply with the applicable standards provided in division (B):

• (1) Banners not exceeding 50 square feet.

• (2) Pennants, with the area on which the pennants are located not to be permitted not permitted to exceed 15% of the square footage of the lot upon which they are located.

(B) Standard for temporary signs. Such temporary signs under division (A) shall comply with the following standards:

(1) Maximum number. A maximum of one temporary sign may be displayed for each non-residential property at any given time.

(2) Maximum duration. Each temporary sign may be displayed for a maximum of 30 consecutive days.

Temporary signs may be displayed up to four nonconsecutive times within a 12-month period.

(3) Location and attachment. Temporary signs shall be attached to the main building wall or fence and shall not extend above the roofline or height of the wall or fence on which they are located.

• (4) Balloons. Balloons shall not be used in conjunction with any temporary sign.

• (5) Attachment and illumination. Temporary signs shall not be freestanding or illuminated.

• (6) Safety and maintenance. Temporary signs shall be kept in a safe and presentable condition.

(Ord. 1346, passed 5-2-12; Am. Ord. 1371, passed 4-15-15; Am. Ord. 1397, passed 4-5-17; Am. Ord. 1402, passed 1115-17; Am. Ord. 1510, passed 6-19-24)

All signs, including exempt and temporary signs, located within all zones shall comply with the following regulations:

(A) Sign lettering and numbering.

(1) To facilitate emergency response by public safety personnel, the sign nearest to the public entrance of a business which utilizes any non-Roman alphabet letters, characters and/or symbols shall also contain a general description of the business and other entities occupying the building written in English. The English language portion of the sign shall be readable from the public right-of-way.

(2) In all cases where a sign or other zoning permit is required by this chapter or other law, the applicant shall submit to the city a certification, issued under penalty of perjury under the laws of the State of California, containing an English language translation of all non-Roman alphabet letters, characters and symbols proposed to be displayed on the sign. An application for such permit shall not be deemed complete until the applicant has provided such certification.

• (B) Sign lighting and illumination.

(1) Unless otherwise specified for exempt and temporary signs, signs may be non-illuminated or internally illuminated. If internally illuminated, illumination of individual letters and logos is preferred. The Approving Authority of the sign permit may authorize external illumination.

(2) All signs shall be arranged, operated, shielded and maintained to prevent any glare, reflection, nuisance, inconvenience or hazardous interference of any kind to abutting or adjacent properties, streets and walkways.

(C) Sign location. No internally illuminated sign placed on any commercial or industrially zoned property shall be located within 50 feet of the lot line, if such line is shared with any residentially zoned lot, and if the sign face area is oriented toward the residentially zoned lot.

• (D) Sign aesthetics.

• (1) All newly erected signs shall comply with the Sign Design Guidelines Manual.

(2) All permanent signs located within any zone shall be compatible to the associated structure's architecture and design features.

(3) All permanent signs located on commercial and industrial structures shall be integrated within structure's architecture.

(Ord. 1346, passed 5-2-12; Am. Ord. 1397, passed 4-5-17; Am. Ord. 1402, passed 11-15-17; Am. Ord. 1510, passed 6- 19-24)

Table 153.170.080 identifies the types of signs permitted by zone district and the development standards applicable to such signs. In addition to the requirements set forth in table 153.170.080, the following criteria shall apply:

(A) Freestanding signs.

(1) As indicated in table 153.170.080, freestanding signs shall be permitted only in the FC, C-2 and I-C zones that have freeway frontage.

(2) The base of all freestanding signs shall be landscaped at the time of sign installation such that the base is fully obscured by landscaping to a minimum height of six feet within three years of landscape installation. Such landscaping shall be maintained in a neat and healthy condition at all times.

(B) Monument signs. Monument signs may be located in planter medians abutting a driveway or within the project driveway.

Table 153.170.080

(C) Wall signs.

(1) A maximum of three wall signs shall be permitted for each wall of a commercial unit that contains a main entrance or is adjacent to a street.

(2) A maximum of one wall sign shall be permitted for each wall of a commercial unit that does not contain a main entrance.

(3) Wall signs shall not project more than 18-inches from the building wall.

(4) Sign height shall be measured from the bottom to the top of the sign.

(D) Electronic readerboard sign.

(1) Sign defined. An ELECTRONIC READERBOARD SIGN is a sign that incorporates changeable messages which may be changed by remote or automatic means.

(2) Applicability and review.

(a) Electronic readerboard signs are allowed, subject to approval of a conditional use permit and design review, for businesses with a minimum of three acres (for the overall business), within the C-2, Fe, I-C and I Zones and along a designated truck route. This sign type may be installed in lieu of, but not in addition to, freestanding and/or monument signage permitted on-site.

(b) Design review shall include review of the following sign elements: sign style, sign height, sign size, number of other signs on the site, sign placement and sign materials, subject to the criteria established in this division.

(3) Orientation. Signs shall not face residentially zoned properties or residential uses, schools, hospitals, convalescent hospitals and other sensitive land uses as deemed appropriate through the conditional use permit process.

(4) Message duration. Messages shall remain static for a minimum of eight seconds. Message changes shall occur within a timespan of no more than one second.

(5) Activity. Messages on the electronic readerboard sign shall rotate only during normal business hours or as deemed appropriate though the conditional use permit process.

(6) Contrast. Electronic readerboard signs shall be adjusted to maintain contrast between the sign face and surrounding areas, subject to review and approval through the conditional use permit process.

(7) Illumination. The following provisions apply to the illumination of electronic readerboard signs:

(a) Automatic dimming controls shall be installed, either by photocell (hardwire) or via software settings, in order to bring the lighting level down to avoid spillover and light trespass onto abutting or adjacent properties and to avoid glare at any time of the day.

(b) Electronic readerboard signs shall be adjusted to minimize the degree of brightness and glare. Lighting levels should be sensitive to the environment and react with natural light sources, subject to review and approval through the conditional use permit process.

(Ord. 1346, passed 5-2-12; Am. Ord. 1371, passed 4-15-15; Am. Ord. 1397, passed 4-5-17; Am. Ord. 1402, passed 1115-17; Am. Ord. 1510, passed 6-19-24)

In addition to other standards set forth in this subchapter, the following land uses are subject to the following regulations:

(A) Service stations.

(1) Each service station may maintain a maximum of four canopy signs, each having no more than 50 square feet of sign face area.

(2) Each service station may maintain one permanently installed sign not to exceed 40 square feet in area.

(3) Each service station may maintain a maximum of two permanently installed or portable price signs not exceed 20 square feet in area.

(B) Automobile dealerships.

(1) Each automobile dealership may display banners and pennants with a total area not to exceed 15% of the square footage of the lot upon which they are located.

(2) Each automobile dealership may display a maximum of 20 banners attached to freestanding light standards. Each banner shall not exceed 50 square feet of area.

(3) Each automobile dealership may display one pennant for every 2,500 square feet of lot area, up to a maximum of 12 such pennants. Each pennant shall not exceed 20 square feet in area.

(Ord. 1346, passed 5-2-12; Am. Ord. 1371, passed 4-15-15; Am. Ord. 1397, passed 4-5-17; Am. Ord. 1402, passed 1115-17; Am. Ord. 1510, passed 6-19-24) Penalty, see § 10.99

(A) Compliance with codes and development standards. All signs shall comply with the appropriate provisions of the state Building Code, as adopted by the city, relative to design, construction, structural integrity, connections and safety. Signs shall also comply with the provisions of the applicable electrical code and the development standards.

(B) Maintenance. All signs shall be maintained in a good structural condition at all times and be kept neatly painted, including all metal parts and supports that are not made of a rust resistant material. Any crack, broken surface, malfunction, missing sign copy or other damaged portion shall be repaired or replaced.

(Ord. 1346, passed 5-2-12; Am. Ord. 1397, passed 4-5-17; Am. Ord. 1402, passed 11-15-17; Am. Ord. 1510, passed 6- 19-24)

Notwithstanding any other provision of this code, a static billboard or digital billboard (as defined below) may be installed with copy visible from within any interstate freeway corridor (as defined below), subject to all the following: (A) DIGITAL BILLBOARD. Any off- site advertising display (a static billboard), as defined in the California Business and Professions Code (BPC) § 5202, that uses state-of-the-art digital technology;

(B) INTERSTATE FREEWAY CORRIDOR. The area comprised of any interstate highway (as defined in BPC § 5215) and within 200 feet from the edge of the right-of-way (as defined BPC § 5222) and within a commercial or industrial zoned property;

(C) Each advertising structure (as defined in BPC § 5203), whether a static billboard or an advertising display that is used to support a digital billboard shall be placed within an interstate freeway corridor;

• (D) The static billboard or the digital billboard owner must:

• (1) Receive Caltrans' approvals, as necessary; and

• (2) Execute an agreement with the city by which each billboard owner agrees to

• (a) Indemnify, defend and hold harmless the city from any and all claims, lawsuits, awards and judgements,

including any reasonable attorney's fees and court costs, that may arise from the approval of a static billboard or a

digital billboard and associated advertising structure and removal of an applicable advertising structure that may or may not be required to be removed, in consideration for any one or more negotiated benefits, including but not limited to such items as new park signs, landscaping, sign removals, or development fees, pursuant to this section or to any other provision of this code, subject to the terms of that agreement; and

(b) Comply with any and all required mitigation measures, conditions of approval and all applicable provisions of this section and this code.

(E) The property owner upon which a static billboard or a digital billboard is to be erected executes an agreement with the city by which that owner consents to the city's entry onto his/her/its property to remove that static billboard or a digital billboard and associated advertising structure, as permitted in the agreement between the billboard owner and the city, and by which that property owner releases and indemnifies the city from liability for that permitted removal; (F) The new advertising structure cannot be used to support more than two digital billboards with each one facing in different directions;

(G) The entire portion of an advertising structure that comprises the active display face of a static billboard or digital billboard shall not be more than 48' in width, 14' in height nor 672 square feet in area; provided, that, in addition, an apron for a static billboard or digital billboard can extend up to a maximum of approximately 36" below that digital billboard face or five and one-half-foot top extensions or two-foot side extensions;

ure that comprises the active display face of a static billboard or digital billboard shall not be more than 48' in width, 14' in height nor 672 square feet in area; provided, that, in addition, an apron for a static billboard or digital billboard can extend up to a maximum of approximately 36" below that digital billboard face or five and one-half-foot top extensions or two-foot side extensions;

(H) The overall height of the advertising structure that is a static billboard or that includes a digital billboard, and excluding extensions, shall not be more than 65', as measmed from the highest point of the main road or interstate highway from which the advertising is to be viewed;

(I) The distance between two static billboards or between a static billboard and digital billboard shall be at least 500'. The distance between two digital billboards shall be at least 1,000'. The distance requirements shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans) and as defined in BPC § 5222;

(J) A digital billboard shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance of 250' perpendicular to the display face of the digital billboard. Each digital billboard shall have a light sensing device that will automatically adjust the brightness of the digital billboard to meet that foot candle requirement, as ambient light conditions change;

(K) Only if the city agreement requires the removal of existing advertising structures, then if four or less advertising structures are being replaced by new advertising structures with digital billboards, then at least eight additional display faces and the advertising structures supporting the eight additional display faces must be permanently removed from the city by the digital billboard owner receiving the approval and the removal of all the display faces and their respective advertising structures to be removed shall be completed prior to construction by that owner of any advertising structure, including a digital billboard;

(L) Only if the city agreement requires the removal of existing advertising structures, then if five or more advertising structures are being replaced by new advertising structures with digital billboards, then for each new advertising structures, above four new advertising structures, at least two additional display faces must be permanently removed from the city by the digital billboard owner receiving the approval and the removal of all the display faces and their respective advertising structures to be removed shall be completed prior to construction by that owner of any advertising structure including a digital billboard;

structures, above four new advertising structures, at least two additional display faces must be permanently removed from the city by the digital billboard owner receiving the approval and the removal of all the display faces and their respective advertising structures to be removed shall be completed prior to construction by that owner of any advertising structure including a digital billboard;

(M) A digital billboard shall only display a series of still images and each still image must be displayed for a minimum of four consecutive seconds. No still image shall have animation, movement, or the appearance of an optical illusion of movement of any part of the advertising structure and each still image shall not include flashing, scintillating lighting or the varying of light intensity or any other means of not providing constant illumination. Transition time between one still image and the immediate next still image shall not exceed one second; and

(N) (1) If a digital billboard installed pursuant to this section must be removed due to a final court order or judicially approved settlement resulting from a legal action brought by a third party, who is not related to the owner or operator of that digital billboard (the OWNER/OPERATOR ), that digital billboard replaced a non-digital billboard (the REPLACED NON-DIGITAL BILLBOARD ), and the replaced non-digital billboard was the subject of a previous formal written agreement with the city, then the owner/operator shall be permitted to reinstall a new state-of-the-art non-digital billboard (the REPLACEMENT NON-DIGITAL BILLBOARD ) on the same advertising structure used to support that digital billboard; provided, that the reinstallation of the replacement non-digital billboard must occur before the date the previous formal agreement would have terminated (the PREVIOUS TERMINATION DATE ), the replacement non-digital billboard and supporting advertising structure must be removed on or before the previous termination date and the replacement non-digital billboard must comply with all the applicable criteria for digital billboards, as set forth in in this section and the agreement referred to in division (D)(2).

(O) The following sections do not apply to signs approved per this § 153.170.110: §§ 153.050.030, 153.170.050(D) (Ord. 1510, passed 6-19-24)

Billboards are recognized as a legitimate form of commercial advertising in the city. However, the size, number, location and illumination of billboards can have significant influence on the city's visual character, and can, without appropriate control, create or contribute to visual light conditions. The purpose of this section is to provide the parameters under which existing billboards may be relocated and reconstructed subject to reasonable controls, while recognizing that community appearance is an important factor in ensuring the general community welfare. Nothing herein shall affect the right of any billboard in existence as of the date that this section becomes effective to continue to exist pursuant to an agreement or as a legal non-conforming use to be maintained pursuant to such agreement or in conformance with this chapter.

(A) General requirements.

(1) The requirements of this section shall apply to any off-site sign (billboard) project involving the installation or construction of relocated billboard, or the expansion, modification, or digitization of an existing billboard, or the addition of additional face(s) to an existing billboard within the city. Relocated billboards shall be permitted in the city only after an agreement has been negotiated and executed between the billboard operator/owner and city and a permit has been issued in accordance with the terms of this section. The agreement may include compensation to be paid to the city or the provision of other public benefits to be provided as a result of the relocation, installation and operation of any billboard or modification of an existing billboard within the city. All relocated billboards constructed shall comply with this chapter and all applicable requirement of the California Business and Professions Code and the California Code of Regulations.

(2) An owner or entity proposing an agreement for relocation shall establish that the relocated billboard meets one or more of the following eligibility requirements:

(a) The billboard proposed for complete demolition and relocation is the subject of any eminent domain action or threat of eminent domain action by a legally created public entity possessing eminent domain/condemnation authority and provides public benefits for such relocation;

(b) The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location so as not to conflict with the proposed development or redevelopment of the property and provides public benefits for such relocation as negotiated in the agreement;

(c) The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location within the city that lessens the overall negative aesthetic impacts on the city and its residents and provides public benefits for such relocation;

(d) The applicant has previously removed and completely demolished one or more billboards and maintains credits for such removal by the California Department of Transportation pursuant to California Business and Professions Code, § 5443.5 and such relocation benefits the city; or

(e) The applicant proposes to enhance, improve and modify an existing billboard already established within the city for the purpose of modernizing and improving the aesthetic appearance of such billboard.

(3) In the event of any conflict between any provision contained in this section and any other provisions contained elsewhere in this code, the provisions of this section shall govern.

(4) No billboard shall be approved and no existing billboard shall be modified without the applicant first providing proof of legal or equitable interest in the site proposed for relocation or modification, including, but not limited to a lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property for the term desired. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents.

(5) All billboard agreements shall include requirements that applicants obtain all additional federal and/or state permits for installation. Nothing contained in this section shall require the city to negotiate and/or approve an agreement on terms that are unacceptable to the City Council.

• (B) Physical requirements.

(1) The minimum distance between two or more billboards shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans). All distances shall be measured from the vertical centerline of each billboard face.

• (2) All utilities for each billboard shall be underground.

• (3) No billboard shall have more than one face (display surface) oriented in the same vertical plane. Additional display face may be added if used for on-premise advertising only in accordance with approved site plan.

(4) All billboards shall plainly display, and be visible from no less than 100 feet, the name of the person or company owning or maintaining it and the billboard identification number.

(5) All billboards shall be placed at least 100 feet from any single-family residential zone or single-family residential use. The measurement shall be from the closest edge of the billboard to the closest edge of the singlefamily residential zone or closest property line on which a single family residential use is located.

• (C) Application requirements; review procedures.

(1) Application requirements. In addition to the application requirements for sign permits required by this code, a person or entity wishing to enter into a billboard relocation agreement shall submit a request in writing for approval of an agreement that includes the following:

(a) The name, address phone number and other contact information of the person or entity proposing the agreement;

(b) Identification of the location proposed for a new or relocated or modified billboard and the billboard(s) being permanently removed or modified, where applicable;

(c) Information that establishes that the person or entity proposing the agreement has legal or equitable interest in the billboard being removed or modified and the site proposed for relocation or placement;

(d) Conceptual design drawings for the billboard that includes technical specifications to determine the billboard's compliance with this chapter;

(e) An explanation of the compensation to be paid or public benefits to be provided to the city; and

(f) The application must include photos of all existing signage or architectural renderings and elevations of proposed billboards as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed billboard.

(2) The applicant must pay a filing fee in accordance with an approved resolution. This fee shall be in addition to any other required fees for permits relative to the development of the property and shall be for the purpose of defraying the costs associated with city review and action on the application.

(3) Review process. All agreements shall be reviewed by the Planning Commission at a duly noticed public hearing. The public hearing shall be noticed in the same way that conditional use permits and variances are noticed pursuant to this chapter. The Planning Commission shall review the agreement and, after a duly noticed public hearing, make a recommendation to City Council, based on current development standards, the location of the proposed relocated or modified billboard and whether the proposed relocated or modified billboard meets the findings contained in this section.

(4) At a City Council meeting held no later than 45 days after the Planning Commission makes its recommendation, the City Council shall review and consider the agreement, at a duly noticed public hearing. The hearing before the City Council shall be

noticed the same as any conditional use permit and may be continued from time to time. In order to approve a request for an agreement, the City Council shall make the following findings for approval of an agreement:

(a) The proposed agreement is consistent with the goals, objectives, purposes and provisions of the general plan, the Municipal Code and any applicable specific plans;

(b) The proposed agreement would promote installation of a billboard that is compatible with the uses and structures on the site and in the surrounding area, considering the scale and materials of adjacent buildings, the desired character of the neighborhood, district, or corridor where the billboard is located, and pedestrian orientation;

(c) The proposed agreement authorizes the installation of a billboard that would not create a traffic or safety problem, including problems associated with onsite access circulation or visibility;

(d) The proposed agreement for installation would not interfere with onsite parking or

landscaping required by city ordinance or permit; and

(e) The proposed agreement does not promote construction of a billboard that would not otherwise result in a threat to the general health, safety and welfare of city residents.

(f) The proposed billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation.

(Ord. 1510, passed 6-19-24)

(A) Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential or mixed-use project's signs with the overall site design and the structures' design into a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this subchapter. Approval of a comprehensive sign program may modify the standards provided in this subchapter as to the sign number, size, height, illumination, location, orientation, or other aspects or signs within the limits of this section.

(B) Applicability. The approval of a comprehensive sign program shall be required whenever any of the following circumstances exist:

(1) Whenever the floor area is in excess of 25,000 square feet;

• (2) Whenever five or more separate commercial or industrial tenant spaces are present on the same site; or

(3) Whenever the City Planner determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of the proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.).

(C) Approval authority and limitation. The Planning Commission shall be the review authority for a comprehensive sign program.

(D) Application requirements. A sign program application for a comprehensive sign program shall include all information and materials required by the Planning Division for a sign program review including a filing fee. Said fee shall be established by resolution of the city. The applicant shall still be required to obtain applicable sign permits and pay the related fee.

• (E) Standards. A comprehensive sign program shall comply with the following standards:

• (1) The proposed sign program shall comply with the purpose and intent of this subchapter;

• (2) The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other

signs included in the comprehensive sign program, to the structures and/or developments they identify, and to surrounding development when applicable;

• (3) The sign program shall address all signs, including permanent, temporary, and exempt signs;

• (4) The sign program shall accommodate future revisions that may be required because of changes in use or commercial tenants;

(5) The sign program shall comply with the standards of the §§ 153.170 et seq., except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this subchapter;

(6) Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this subchapter; and

(7) Review and approval of a comprehensive sign program shall not consider the signs' proposed message content.

(F) Findings. In order to approve a comprehensive sign program the following findings shall be made:

(1) The comprehensive sign program complies with the purpose of this subchapter, and the Baldwin Park Design Guidelines;

(2) Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development;

(3) The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and

(4) The comprehensive sign program complies with the standards of this subchapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this subchapter.

(G) Revisions to comprehensive sign programs. The Community Development Director may approve revisions to the comprehensive sign program 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/revised comprehensive sign program by the Planning Commission.

(Ord. 1510, passed 6-19-24)

In addition to the requirements contained in this subchapter, regulations contained in this chapter may apply to signage in the following sections:

153.210.090 General application processing procedures

153.210.265 Time for determination

153.220.200 S definitions.

(Ord. 1346, passed 5-2-12; Am. Ord. 1397, passed 4-5-17; Am. Ord. 1402, passed 11-15-17; Am. Ord. 1510, passed 6- 19-24)

153.180 WIRELESS COMMUNICATIONS FACILITIES

Definitions for terms used in this subchapter are contained in subchapter 153.200 (Definitions); see WIRELESS COMMUNICATIONS FACILITIES and related terms.

(Ord. 1346, passed 5-2-12)

(A) These provisions are intended to establish criteria for the siting, design, modifications and maintenance of wireless communications facilities within the city as specifically set forth herein and in standards that may be enacted by resolution pursuant to this subchapter.

(B) These provisions are further intended to implement the land use regulation of telecommunications facilities as permitted pursuant to the 1996 Federal Telecommunications Act. As such, these provisions are not intended to unduly restrict or unreasonably interfere with the development of the competitive wireless communications marketplace within the city.

(C) The standards and guidelines established for antennas, towers, and/or wireless communications facilities in this subchapter are intended to promote the following goals:

• (1) Ensure the health, safety and general welfare of the community while enabling the installation of antennas to serve the city’s residents and business community;

• (2) Ensure a communications network that will serve an effective role in the city’s emergency response system and generally provide full service coverage for personal wireless communications services;

• (3) Protect the visual character of the city through careful design, siting, landscaping, and innovative camouflaging techniques for antennas;

• (4) Encourage the installation of new towers and antennas in the Commercial and Industrial zones;

• (5) Limit the proliferation of new towers by permitting the construction of new towers only after all other

• reasonable opportunities have been exhausted and to encourage the co-location of antennas so as to minimize adverse visual impacts; and

(6) Provide for the uniform application of standards and guidelines for the siting, design, modification and maintenance of communications facilities as allowed under state law and the 1996 Telecommunications Act, as may be amended.

(Ord. 1346, passed 5-2-12)

The following types of noncommercial, receive-only wireless communications facilities shall be exempt from the requirements of this subchapter.

• (A) Common skeletal-type radio and television antenna that are:

• (1) Used to receive UHF, VHF, AM and FM signals of off-air broadcasts from radio and television stations;

• (2) Ground-mounted or roof-mounted; and

• (3) Not higher than ten feet above the roof ridgeline.

(B) As long as exempted by federal law, satellite earth stations antennas, which are designed to receive broadcast signals directly from orbiting satellites, are exempt from this subchapter as follows unless otherwise stated herein:

(1) In residential zoning districts, satellite earth stations antennas that are one meter or less in diameter;

(2) In commercial and industrial zones, satellite earth stations antennas that are two meters or less in diameter; and

(3) When technically feasible, exempt satellite earth stations antennas shall not be placed in a front yard area, at the front of the building or home which the antenna serves, or in any other location visible from the public right-ofway.

(Ord. 1346, passed 5-2-12)

(A) Exempt wireless communications facilities shall not require city review/approval.

(B) The following approval processes are established for all wireless communications facilities on private property, where permitted by Table 153.180.050.

(1) Wireless communications facilities subject to design review. Wireless communications facilities that meet all of the following criteria shall be subject to design review in compliance with city standards and any applicable specific plan or design guidelines. The design review shall be either approved, conditionally approved or denied by the Director, which decision shall be final unless appealed to the Commission in accordance with § 153.210.150 (Appeals).

(a) Wireless communications facilities not located within a residential zoning district nor on a property used for residential purposes.

(b) Wireless communications facilities not requiring the construction of a new tower or other supporting structure.

(c) Wireless communications facilities incorporating a stealth design in which wireless communications facilities are:

i. Flush-mounted on a existing structure and painted or otherwise concealed; or

ii. Incorporated into a design element (e.g., identification monument, screened by an architectural treatment such as a parapet, or sign) and not visible from nearby properties or the right-of-way.

(d) Wireless communications facilities that comply with all applicable development criteria and performance standards contained in this subchapter and any applicable specific plans.

(e) All related equipment, including shelters, vaults, storage sheds or buildings, fencing or other associated devices are underground or otherwise not visible from nearby properties or the public right-of-way.

(3) Wireless communications facilities requiring a conditional use permit. Wireless communications facilities that are not exempt or do not meet the criteria of division (B)(1) of this section shall be subject to a conditional use permit in compliance with standards herein and part 9 of subchapter 153.210, Conditional User Permits. Reasonable conditions may be imposed to protect nearby properties and the public health, safety and general welfare. Reasonable conditions shall include, but not be limited to, requiring the construction of walls, fencing, screening, warning signs, maintenance, as well as the imposition of other conditions.

(Ord. 1346, passed 5-2-12)

Table 153.180.050 identifies the general standards applicable to wireless communications facilities located on private properties in the city. Section 153.030.030 of this code shall govern zoning of all property including the right-

of-way. Table 153.180.050

(a) Any proposed co-located antennas that meet the criteria of Cal. Gov’t Code §§ 65850.6 and 65964 shall be permitted as provided therein.

(b) Any permitted wireless communications facilities shall comply with the minimum setbacks required for the applicable residential zoning district unless fully stealthed and attached to or on an existing legal conforming structure, and shall be 500 feet from another free-standing wireless telecommunications facility. (Ord. 1346, passed 5-2-12)

The following regulations shall apply to the establishment, installation and operation of antennas including wireless communications facilities in all zoning districts.

(A) Compliance with building and electrical codes. Wireless communications facilities shall be installed and maintained in compliance with the requirements of the city’s building code and electrical code. Installers shall obtain a building permit and an electrical permit before installation.

(B) Advertising prohibited. Advertising material shall not be allowed on wireless communications facilities or on any antennas.

(C) Traffic Signals. Wireless communications facilities shall not be permitted to be installed on traffic signals within the city unless permitted by the provisions of § 153.030.030 of this code.

(D) Undergrounding. Electrical wiring associated with an wireless communications facilities shall be buried underground or hidden in a manner acceptable to the community development director or his or her designee. To the extent technologically feasible, all vaults, equipment, shelters, structures, or any other device related to or required for use of an antenna, related structure or wireless communications facility shall be underground where all other utilities are required to be underground. Where technologically feasible, the use of microwave dishes shall be prohibited and underground lines utilized.

(E) Noise. No equipment shall be operated so as to increase the noise in the vicinity of the equipment in excess of five decibels, other than in emergency situations requiring the use of a backup generator or monthly testing of said generator if the testing lasts no longer than 15 minutes. In all emergency situations, the city shall be immediately notified of the use of a backup generator and, on the next city business day, the operator shall secure all required permits and approvals necessary for the operation of the generator.

(F) Projections and anchoring in setback areas. No antenna array may extend beyond any property lines or into a front setback area. Guy wires may be attached to the structure but shall not be anchored within a front setback area. No guy wires shall be utilized in the public right-of-way unless alternate designs are infeasible and approved by the Public Works Director.

(G) Design considerations. The wireless communications facilities, including guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. Cellular, PCS and other wireless communications facilities shall be designed to be compatible with the surrounding physical environment by blending with the existing architecture and landscaping and by being as unobtrusive as possible.

(H) Specific plans. All wireless communications facilities shall comply with any applicable and adopted specific plan.

(I) Redevelopment plans. All wireless communications facilities shall comply with any applicable and adopted redevelopment plan. In addition, all proposed antennas in a redevelopment plan area shall be reviewed and approved by the Director.

(J) Equipment shelter and landscaping. All ground mounted antennas shall be screened by walls, fences, trellises or landscaping at least six feet in height so as to completely screen, camouflage and/or obscure visibility of the equipment shelter or any other ground mounted equipment, from public view. The equipment shelter shall be designed so as to be harmonious with and blend with the natural features, and be compatible with buildings and structures surrounding such structure. In addition and when applicable, landscaping shall be of a type and variety, and installed at sufficient size, to be capable of growing within one year so as to screen and obscure the visibility or camouflages the antenna. Irrigation shall also be installed when needed to maintain landscaping. No chain link fence shall be permitted.

(K) Aesthetically compatible. All wireless communications facilities and associated equipment shall be aesthetically compatible with surrounding uses and shall be designed and or located so as to avoid any adverse

aesthetic impacts arising from the proposed use. The antennas, supporting structure and equipment shall be a color that blends the antennas and associated equipment with the natural setting and built environment and helps camouflage the antennas.

(L) Electrical requirements. Every wireless communications facility shall be adequately grounded with an adequate ground wire for protection against a direct strike of lightning. Ground wires shall be of the type approved by the latest edition of the electrical code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriter’s Laboratories, Inc., and both sides of the line shall be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors shall be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath.

(M) Performance certification. For all wireless communications facilities, a certification shall be required to be submitted to the Director, in accordance with the requirements of § 153.180.070(A)(3), and every three years thereafter, at the operator’s cost, which provides that said facilities radio frequency emission levels meet Federal Communications Commission requirements.

(N) Terms of lease agreements. Co-location of cellular, PCS and other wireless communications facilities shall be encouraged. Lease agreements shall not include exclusive rights that would prohibit co-location where it is technically feasible.

(O) Maintenance. No wireless communications facility, equipment shelter, tower or related structure or device shall be permitted to fall into disrepair or maintained in manner that is unsightly or interferes with the reasonable enjoyment of adjacent property owners. All such structures and devices shall be continually maintained to prevent rust, chipped or peeling paint.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

(A) Application requirements for design review.

(1) Radius map. A radius map and a certified list of the names and addresses of all property owners within 300 feet of the exterior boundaries of the property involved, as shown on the latest assessment roll of the county assessor.

(2) Site plan. A site plan shall consist of elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, method of screening, and color photo simulations showing the before and after effects of the proposed facility on the subject site. Existing poles, towers, and/or antennas shall also be shown. No plans shall include depictions of future wireless communications facilities, nor shall future wireless communications facilities be approved.

(3) RF emissions report. The report shall be signed by a radio frequency engineer and prepared pursuant to Federal Communications Commission, Office of Engineering & Technology, Bulletin 65 or any other applicable guidelines or regulations, stating the maximum (EMF/RF) radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal Communications Commission. The report shall take into account all other facilities within 2,000 feet, both existing and known future facilities, the cumulative effects of co-located facilities and existing nearby buildings and structures, and shall be written in plain English. This report shall be available to the public.

(4) Property owner approvals. Where the Wireless communications facility is located on property owned by someone other than the applicant, the applicant shall present documentation that the owner of the property has granted an easement or entered into a long-term lease for the proposed facility which provides vehicular or other necessary

access to the facility. A letter of intent or affidavit, in a form approved by the city attorney, shall be submitted to meet the requirement of this subsection.

(5) Code compliance. No wireless communications facility shall be installed until such time as the property is brought into compliance with this code.

(6) Wind load analysis. Analysis of the wind loads shall be required, as governed by the most recently adopted Building Code. Based on the results of the analysis, the building official may impose additional conditions to address safety concerns.

(7) Performance bond. A faithful performance bond shall be required prior to the issuance of building permits to ensure the removal of abandoned wireless communications facilities.

(8) Applications. The applicant shall submit all other information and documents required by the city’s application for antennas. In addition, the applicant shall submit a business license application or application for encroachment permit, when applicable.

(B) Application requirements for conditional use permit.

(1) Applicants shall be required to comply with part 9 of § 153.210, Conditional Use Permits. Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the planning commission.

(2) Applicants shall also be required to comply with the following.

(a) Maps and significant gaps. Each applicant shall provide a map showing the area within the city that will be serviced by the proposed wireless communications facility and a statement as to the nature of the service to be provided. In the event that the applicant seeks to fill a gap in service, the applicant shall submit a statement in writing providing a definition of the term “significant gap” as it applies to the proposed facility; identifying the size of the area, in units of square miles, of the claimed significant gap; a map with the geographic boundary of the claimed significant gap area; and a map showing all of applicant’s existing communications facilities in the city within a reasonable distance of the claimed significant gap.

(b) Alternative site analysis. Any applicant seeking to install a new wireless communications facility shall identify all reasonable, technically feasible, alternative locations, including facilities which could be used for colocation. The analysis shall also explain the rationale for selecting the proposed site. For all feasible co-location sites, the applicant shall provide evidence of written contact with all wireless service providers or tower owners within a quarter mile of the proposed communications facility, unless a smaller radius is technological justified by the applicant. The contacted tower owner or service provider shall be requested to respond in writing to the inquiry within 30 days. The applicant’s letter(s) as well as response(s), or a statement from the applicant detailing all responses received, shall be included with the application as a means of demonstrating the need for a new free-standing tower.

(c) Preferred zones. The applicant shall demonstrate, with substantial evidence, that he or she has exhausted all reasonable efforts to locate a site in a commercial or industrial zone and/or it is not feasible to install the proposed facility on a site in such zones.

(d) Height representation. When a new free-standing tower is proposed, a balloon or other physical representation of the maximum height of the proposed wireless telecommunications facility shall be provided at the project location for a minimum of one week prior to any required public hearing for the facility to enable the Commission to assess the aesthetic impacts of the proposed antenna height on the surrounding land uses and public rights-of-way. This requirement may be waived by Director whenever deemed appropriate. (Ord. 1346, passed 5-2-12)

§ 153.180.080 SATELLITE ANTENNAS, AMATEUR RADIO COMMUNICATION FACILITIES, AND CITIZEN BAND (CB) RADIO ANTENNAS.

Non-exempt satellite earth stations antennas, amateur (noncommercial) radio communication facilities, and citizen band radio antennas shall be located, constructed, installed and maintained in the following manner.

(A) Satellite earth stations antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the Federal Communications Commission and the California Public Utilities Commission as follows:

• (1) Antennas shall not be located within required front or side yard setback areas. In addition, no portion of an antenna shall extend beyond the property lines;

(2) The antennas and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, and the like) and, to the extent possible, shall be compatible with the appearance and character of the surrounding neighborhood;

• (3) Electrical and antenna wiring shall be placed underground where technologically feasible;

• (4) In residential zoning districts, antennas shall be subject to the following standards:

• (a) Dish antennas larger than one meter shall not be placed on or attached to residential structures; and

• (b) The antennas shall be used for private, noncommercial, purposes only; and

• (5) In nonresidential zoning districts, antennas may be roof or ground-mounted and shall be screened from view from public streets.

(B) Single pole/tower amateur radio communication facilities. Single pole/tower amateur radio communication facilities shall be designed, constructed, installed and maintained in the following manner:

(1) The maximum overall height shall not exceed 35 feet, measured from finished grade. Antennas exceeding 35 feet in height may be approved provided that the antenna is of the retractable variety, that the antenna is retractable to below 35 feet, and the applicant executes an agreement, in a form approved by the city attorney, stating that the antenna will only be extended during actual use of the antenna;

(2) Where a parcel has one pole/tower structure greater than 40 feet, measured from finished grade, in overall height (including antennas), including one permitted pursuant to division (B)(1) of this section, only one additional pole/tower structure shall be allowed with an overall height not to exceed thirty-five feet measured from finished grade (including antennas);

• (3) The pole/tower and/or antennas may be roof or ground-mounted;

• (4) The pole/tower and/or antennas may not be located in any required front or side yard setback areas;

• (5) The pole/tower and/or antennas shall be located at least five feet from the rear lot line and at least 15 feet from any street side property line;

• (6) The pole/tower and/or antennas shall not project or overhang into areas in which they are not allowed to locate;

(7) The pole/tower and/or antennas shall be a natural metal finish or painted a single, neutral, nonglossy color

(e.g., earth-tones, gray, black, and the like) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood;

• (8) The pole/tower and/or antennas shall be used for private, noncommercial, purposes only; and

• (9) Operators shall comply with all applicable regulations, specifically those regulations related to radio interference with electronic devices as set forth by the Federal Communications Commission.

• (C) Citizen band (CB) radio. Citizen band radio antennas shall be designed, constructed, installed and maintained in the following manner except for antennas mounted on vehicles or to hand-held units.

• (1) Standards.

• (a) Citizen band radio antennas shall not exceed 35 feet in overall height measured from finished grade.

• (b) Citizen band radio antennas shall comply with requirements provided in divisions (B)(4) through (9) of this section.

(2) Prohibition of certain citizen band radios and activities. It shall be a violation of this subchapter to use citizen band radio equipment not authorized by the Federal Communications Commission or to use such equipment in a manner that violates any Federal Communications Commission regulation.

(3) Exempt stations. A station that is licensed by the Federal Communications Commission pursuant to section 301 of the Communications Act of 1934 in any radio service for the operation at issue shall not be subject to this division. Any citizen’s band radio equipment on board a “commercial motor vehicle”, as defined in 49 U.S.C. § 31101 shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of Federal Communications Commission citizens band radio regulations.

(Ord. 1346, passed 5-2-12)

(A) Criteria for granting exceptions.

(1) An exception to specific requirements of this subchapter may be issued for a wireless communications facility if it meets all of the following applicable standards:

(a) With regard to siting, the applicant shall demonstrate that the facility and/or antenna must be located and designed as proposed to service the applicant’s service area. The applicant shall submit an explanation and supporting engineering data proving that a tower or antenna as proposed is technologically necessary;

(b) If seeking an exception from required height standards, the applicant shall demonstrate that the proposed height is designed at the minimum height necessary and shall specifically include an analysis comparing the operation of the facility at its proposed height with its operation at the maximum height permitted herein. The applicant shall also address whether the additional height would be required if the facility were located at a different site. The purpose of this analysis is to ensure that additional height is permitted only when technically necessary for the provision of services;

(c) Locating the antenna in conformance with the specifications of this subchapter would obstruct the antenna’s reception window or otherwise excessively interfere with reception, and the obstruction or interference involves factors beyond the applicant’s control;

• (d) The exception would not create a significant visual impact;

• (e) Granting the exception shall conform to the spirit and intent of this code;

• (f) The exception request is consistent with the city’s general plan; and

• (g) Granting the exception will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity.

(B) Revocation of exceptions. Any exception may be revoked if the owner and/or operator fails to comply with the conditions imposed.

(Ord. 1346, passed 5-2-12)

(A) Illegally established facilities. Any wireless communications facility constructed or erected in violation of this chapter or any prior law, ordinance or regulation shall be subject to immediate abatement.

• (B) Nonconforming wireless communications facilities.

(1) All wireless communications facilities, in any zone, lawfully constructed and erected prior to the effective date of this subchapter, which do not conform to the requirements of the provisions of this subchapter for the

particular zoning district in which they are located, shall be accepted as nonconforming uses for a period of five years from the effective date of this subchapter. Thereafter, the wireless communications facilities shall be subject to abatement as set forth below via modification to comply with the standards of this subchapter. Any modifications shall be subject to review by the Director, who shall assess the modification and its compliance with this subchapter or any other applicable section of this code. All decisions concerning any modification review conducted by the Director shall be final, unless appealed to the Commission in accordance with the provisions of § 153.210.150.

(2) When modification is insufficient to meet the requirements of this subchapter, wirleless communications facilities shall be subject to abatement via relocation or removal.

(C) Notice of nonconforming wireless communications facilities.

(1) Upon the determination of the Director that the provisions of this subchapter apply to a given parcel of land on which a wireless communications facility is located, the Director shall send a notice thereof by United States certified mail, return receipt requested, or other method providing verification of delivery, to the owner thereof as shown on the last equalized assessment roll, and shall cause such property to be posted with a similar notice.

(2) The notice provided for in this section shall state that the property and wireless communications facility in question is a nonconformity, shall state the date of abatement established in subsection B of this section, and shall state that an administrative hearing before the Commission may be requested within 15 days.

• (D) Hearing.

(1) If a hearing before the Commission is requested, the hearing procedures established in § 153.200.080 shall apply.

(2) At the close of the hearing, the Commission shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize his/her investment in the term for abatement provided in subsection B of this section, and if not, what term for abatement should be provided.

(3) The decision of the Commission and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner personally or by United States certified mail, return receipt requested, or other method providing verification of delivery, within ten days after the decision is rendered.

(4) The decision of the Commission may be appealed to the Council pursuant to § 153.200.090.

(E) Extension of time.

(1) The Commission, or Council on appeal, shall grant an extension of the time for abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner.

(2) The Commission, or Council on appeal, shall consider the following factors, among others, in determining whether to grant an extension of time and the length of the term:

• (a) The nature of the use;

• (b) The amount of the owner’s investment in improvements;

• (c) The convertibility of improvements to permitted uses;

• (d) The character of the neighborhood;

• (e) The detriment, if any, caused to the neighborhood by continuance of the nonconforming use; and

• (f) The amount of time needed to amortize the investment.

(E) Proof of amortization. The Commission, or Council on appeal, shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including, but not limited to, the depreciation schedule attached to the owner’s latest federal income tax return.

(F) Relocation. Where the Commission finds that a nonconforming wireless communications facility, either in its present condition or as modified, can be used in compliance with the standards set forth in this subchapter for the zoning district in which it is located, the nonconforming facility may be granted an extension sufficient to permit it to relocate on the site wherein such use is permitted and which has substantially equivalent utility for the use.

(Ord. 1346, passed 5-2-12)

(A) When facility considered abandoned. The operator or owner of a communications facility or other antenna shall be required to remove all unused or abandoned equipment, antennas, poles, and/or towers if the facility has not been operational for a consecutive six-month period or a total of 12 months over a consecutive 36-month period. A facility is considered abandoned if it no longer provides communication services. The removal shall be in compliance with proper health and safety requirements and shall occur no later than 30 days following the end of the applicable cessation period.

(B) Removal by owner/operator. A written notice of the determination of abandonment shall be sent or delivered to the operator or owner of the facility by the Director. The operator shall have 30 days to remove the facility or provide the Director with evidence that the use has not been discontinued. The Director shall review the evidence and shall determine whether or not the facility is abandoned. Facilities not removed within the required 30-day period shall be in violation of this section, shall constitute a public nuisance, and operators or owners of the facility and the owners of the property shall be jointly subject to penalties for violations under the enforcement and penalty provisions of the Baldwin Park Municipal Code.

(C) Removal by city. In the event that a wireless communications facility is not removed within 90 days after the applicable cessation period ends, as described in divisions (A) and (B) of this section, the city may remove the facility and shall bill the antenna owner or property owner for all costs including any administrative and legal costs incurred in connection with the removal. Once all costs have been paid by the owner, any bond posted for removal shall be released. The city does not waive any legal rights to seek repayment for removal costs pursuant to a bond posted, nor to bring an action for repayment of costs.

(Ord. 1346, passed 5-2-12)

153.190 TRIP REDUCTION AND TRANSPORTATION DEMAND MANAGEMENT

The purpose of this subchapter is to establish provisions that encourage the efficient use of the city’s existing and planned transportation infrastructure, maintain or improve traffic levels of service and lower motor vehicle emissions. The policy of the city is to minimize the number of peak period vehicle trips generated by additional development, promote the use of alternative transportation, improve air quality and participate in regional and countywide efforts to improve transportation demand management.

(Ord. 1346, passed 5-2-12)

Prior to approval of any development project, the applicant shall make provision from, as a minimum, all of the following applicable transportation demand management and trip reduction measures. This subchapter shall not apply to projects for which a development application has been deemed “complete” by the city pursuant to the Cal. Gov’t Code § 65943, or for which a notice of preparation for a draft environment impact report has been circulated, or for which an application for a building permit has been received, prior to April 16, 1993. (Ord. 1346, passed 5-2-12)

(A) Consult with fixed-route transit operators. Prior to approval of any development project for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), or based on a local determination, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted. The “Transit Impact Review Worksheet,” contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a notice of preparation (NOP) for all contemplated EIRs and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the draft EIR prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA. (B) Phased development projects. Phased development projects, development projects subject to a development agreement or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR. (Ord. 1346, passed 5-2-12)

(A) Nonresidential development of 25,000 square feet or greater. Nonresidential development containing 25,000 square feet or more of gross leasable floor area shall provide the following to the satisfaction of the city:

(1) 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:

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

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

(c) Ridesharing promotional material supplied by commuter-oriented organizations;

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

(e) A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site. (B) Nonresidential development of 50,000 square feet or greater. Nonresidential development containing 50,000 square feet or more of gross leasable floor area shall comply with division (A) of this section and shall provide all of the following measures to the satisfaction of the city:

(1) Not less than 10% of employee parking areas 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/striped as demand warrants, provided that at all times at least one space for projects of 50,000 square feet to 100,000 square feet and two spaces for projects over 100,000 square feet will be signed/striped for carpool/vanpool vehicles;

(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 feet, two inches shall be provided for those spaces and access ways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas; and

(3) Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first 50,000 square feet of nonresidential development and one bicycle per each additional 50,000 square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker, accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provisions of racks, lockers or locked room) shall be to the satisfaction of the city.

(C) Nonresidential development of 100,000 square feet or greater. Nonresidential development containing 100,000 square feet or more of gross leasable floor area shall comply with divisions (A) and (B) of this section, 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) Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;

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

(4) Safe and convenient access from the external circulation system to bicycle parking facilities onsite. (Ord. 1346, passed 5-2-12)

All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair. (Ord. 1346, passed 5-2-12)

The provisions of this subchapter shall be included as conditions of approval for all developments which require discretionary approvals. Monitoring to ensure compliance with this subchapter shall occur prior to the issuance of a certificate of occupancy.

(Ord. 1346, passed 5-2-12)

153.200 NONCONFORMING BUILDINGS, STRUCTURES, AND USES

Except as otherwise set forth in this subchapter, the regulations set out in this subchapter shall apply to each nonconforming use, building or structure located in the city. (Ord. 1346, passed 5-2-12)

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

OWNER. The owner or owners of the fee interest in the property to which an order relates, and the trustee and owner or owners of any beneficial interest under a trust deed relating to such property, and a tenant under a written recorded lease, as such interests are shown by a title search conducted by a qualified title company.

(Ord. 1346, passed 5-2-12)

Each and every nonconforming use, building or structure may be continuously utilized and maintained, subject to the provisions of this subchapter; provided, that no alteration, addition or enlargement as to any such use, building or structure shall be permitted, except as otherwise expressly provided in this subchapter. (Ord. 1346, passed 5-2-12)

(A) Limitation on other uses. Except otherwise as expressly provided in this subchapter, so long as a nonconforming use, building or structure exists upon any lot, no new use, building or structure may be established, located or constructed on such lot.

(B) Change of use.

(1) General. Except as otherwise expressly prohibited in this chapter, a nonconforming use may be replaced by another nonconforming use; provided such new nonconforming use does not result in an expansion or enlargement of the degree or intensity of nonconformity. A determination of the Director made pursuant to this division shall be subject to review as provided in § 153.210.

(2) Commercial and industrial zones. Where a use located on any lot classified in any zone, other than a residential zone, is nonconforming by reason of a lack of off-street parking facilities, that use may be succeeded by another use, subject to the provisions of division (A) above; provided that the new use does not require, pursuant to the provisions of this chapter, off-street parking facilities in excess of that required for the replaced use.

(3) F-C and I-C Zones. Any use located on a lot classified in an F-C or I-C zone, which was lawfully established prior to July 14, 1986, which use became nonconforming as a result of the reclassification of the lot upon which located to the F-C or I-C zones, may be replaced with any use which is a principal use expressly allowed as such in the I-C zone, provided there is no expansion of the use, building or structure.

(Ord. 1346, passed 5-2-12)

Whenever any of the following facts are found to exist with reference to a nonconforming use, building or structure, the same shall be forthwith abated and usage thereof shall be terminated:

(A) Abandonment. Abandonment or termination of the usage of a nonconforming use, building or structure: there shall exist a rebuttable presumption of an intent by the owner thereof to permanently abandon the nonconforming status thereof, whenever the utilization of a nonconforming use, building or structure has been discontinued, for any reason, for a period of 6 consecutive months or more.

(B) Change in use.

(1) A change from a nonconforming use to another nonconforming use, except as expressly provided in this subchapter; and

(2) A change from a nonconforming use to a conforming use.

(C) Increase in use. An increase or enlargement of the area, space or volume of the building, structure or land occupied by or devoted to such nonconforming use, except as otherwise provided in this subchapter. (Ord. 1346, passed 5-2-12)

Nonconforming buildings, uses and structures shall be abated and usage thereof shall be terminated upon the expiration of the periods of time indicated in this section. The periods of time shall be deemed to commence to run as of the date that such use, building or structure first became nonconforming by reason of the application thereto of the zoning regulations of the city:

• (A) Where the lot is unimproved, including, but not limited to, areas used for vehicular off-street parking facilities, one year.

• (B) Where the lot is unimproved, except for structures of a type for which the building code does not require a building permit, three years.

• (C) Where the lot is unimproved except for buildings or structures which contain less than 100 square feet of gross floor area, three years.

• (D) Nonconforming outdoor advertising signs and structures, three years.

• (E) A nonconforming use, 20 years.

• (F) A nonconforming use of a trailer park, five years.

(G) Nonconforming buildings and structures other than those referred to in divisions (B), (C), (D), (F) and (H) of this section, shall be abated, and the usage thereof terminated, within the periods of time as set forth in this subchapter, based on the type of construction thereof as defined in the building regulations of the city, as follows:

• (1) Type IV and Type V buildings (light incombustible frame and wood frame), 35 years;

• (2) Type III buildings (heavy timber construction and ordinary masonry), 40 years; and

• (3) Type I and Type II buildings (fire-resistive), 50 years.

• (H) A nonconforming use of a contractor or construction office, shop or yard, two years.

• (I) The nonconforming maintenance of animals, fish, or fowl, two years.

• (J) The nonconforming use of a game arcade or game machine, two years.

• (K) An adult business use, two years.

• (Ord. 1346, passed 5-2-12)

Where any one of the facts set forth in § 153.200.050(A) or (B) are found to exist by the Director or where the Director finds that, as to any use, building or structure, the applicable time set forth in § 153.200.060 has expired as to such use, building or structure, the Director shall issue a written order of abatement, hereinafter referred to as the “order,” and give notice thereof to the owners and/or persons in possession thereof. Each order shall contain a description of the property affected, the factual basis for the issuance of such order, the method of abatement, and the time within which such abatement shall occur. The order shall be deemed final and conclusive, as of the date of the giving of notice of the issuance thereof, in the absence of an appeal, timely filed and perfected as provided in this subchapter. The owner and/or person in possession of the property to which an order relates shall comply with the order, as of the date the order becomes final.

(Ord. 1346, passed 5-2-12)

(A) An order shall be, for all purposes, final and conclusive, unless within not to exceed 30 days after the giving of notice of the issuance of such order by the Director, an appeal is filed as provided in this subchapter contemporaneously with the payment of a filing and processing fee in a sum set by resolution of the City Council.

(B) All appeals from decisions of the Director shall be filed with the secretary of the Planning Commission appealing the decision of the Director to the Planning Commission with regard to the issuance of an order.

(C) The Secretary of the Commission, upon receipt of such a timely filed appeal, shall set the matter for a de novo hearing before the Planning Commission and shall cause notice of the time and place thereof to be given as specified in this subchapter.

(D) Based upon the evidence presented at such de novo hearing, the Commission shall determine whether the use, building and/or structure has lost its nonconforming status pursuant to the provisions of this subchapter.

(E) In the absence of the perfecting of an appeal, as provided in this subchapter, appealing the decision of the Commission to the City Council, the Commission’s decision shall be final and conclusive as of the 30th day following the date of the adoption of the decision by the Commission.

(Ord. 1346, passed 5-2-12)

(A) A written appeal appealing the Commission’s decision to the City Council, must be filed with the City Clerk within 30 days of giving notice of the Commission’s decision with respect to such order.

(B) The City Clerk, upon receipt of a timely filed appeal, shall set the matter for a de novo hearing before the City Council and shall give notice of the time and place thereof, as specified in this subchapter.

(C) Based upon the evidence presented at such de novo hearing, the City Council shall determine whether the use, building and/or structure has lost its nonconforming status pursuant to the provisions of this subchapter.

(D) The decision of the City Council shall be final and conclusive.

(Ord. 1346, passed 5-2-12)

(A) By Director. Upon issuance of an order by the Director, the Director shall give notice thereof by depositing a copy of such order in the course of transmission of the United States Postal Service, addressed to the owner and/or persons in possession of the property to which the order relates, postage prepaid, addressed at such person’s last known address. Alternatively, the Director may personally serve such persons with copies of the order.

(B) By Commission. Upon the adoption by the Commission of a decision with reference to an order, the secretary of the Commission shall forthwith give written notice of the same. The notice of such decision shall be given in the same manner as set forth in division (A) above.

(C) By Council. Upon the adoption by the Council of a decision relating to an order, the City Clerk shall, forthwith, give written notice of the same. The notice of such decision shall be given in the same manner as set forth in division (A).

(Ord. 1346, passed 5-2-12)

The notices required under this subchapter shall be deemed to have been given as of the date of personal service or two consecutive days after the date of deposit of such notice in the course of transmission of the United States Postal Service.

(Ord. 1346, passed 5-2-12)

The owner of property to which an order relates, or his or her authorized agent, shall be qualified to file an appeal from a decision by the Director and/or the Commission relating to an order. No such appeal shall be effective for any purpose unless the same is filed within the times permitted pursuant to the provisions of this subchapter. In addition, no such appeal shall be valid for any purpose unless, contemporaneously with the filing of such an appeal, an appellate filing and processing fee in a sum set by resolution of the City Council is paid to the city. (Ord. 1346, passed 5-2-12)

(A) Hearing procedures.

(1) At all hearings held pursuant to this subchapter, before either the Planning Commission or the City Council, any interested person shall be heard, and applicable staff reports relating to such matter shall be considered.

(2) In proceedings pursuant to § 153.200.060 to abate a nonconforming use, building or structure, the Commission and/or Council shall determine whether the applicable prima facie period, as set forth in § 153.200.060, is appropriate as applied to the facts of that case. In making such determination, the Commission and/or Council shall consider the date the buildings or structures were constructed, the original costs thereof, whether such original cost has been, or could have been, recovered by the owner under generally accepted accounting practices, and whether it is feasible to relocate such building or structures.

(B) Authority to extend abatement. The Commission and/or Council may extend the prima facie periods of abatement, as set forth in § 153.200.060, in order to establish a reasonable period of abatement, based upon the facts presented at the hearing.

(Ord. 1346, passed 5-2-12)

The ordinary repair and maintenance of a nonconforming building or structure shall be permitted if the cost thereof does not exceed, in any consecutive 12-month period, an amount equal to one-half or more of the then established assessed value of the building or structure.

(Ord. 1346, passed 5-2-12)

(A) Repair; public acquisition. The repair, reconstruction or remodeling of any nonconforming building or structure shall be permitted where a part of such building or structure is taken for any public use by condemnation, dedication or purchase by an agency having the power of eminent domain. Such reconstruction, remodeling or repair shall be limited to that necessary to render the building or structure safe for continued use. Such repair, reconstruction or remodeling shall not have the effect of extending the period of abatement relating to such nonconforming building or structure.

(B) Acquisition causing nonconformity. No building, structure or use shall be deemed to be nonconforming, where such nonconformity is caused, exclusively, by public acquisition, by condemnation, dedication, purchase or other form of public acquisition, of a portion of the building, structure or the lot upon which such is located. (Ord. 1346, passed 5-2-12)

Nothing in this subchapter shall be deemed to prevent the repair, rehabilitation and reconstruction (hereinafter referred to as work) as to a nonconforming building or structure, under any of the following conditions.

(A) Elimination of nonconformity. Such work shall be permitted in order to render the use, building or structure in conformity with the provisions of this chapter, except that the conversion of an existing residential structure or use to a nonresidential use permitted in the zone in which the lot upon which such building or structure is located, shall not be allowed unless and until a conditional use permit pursuant to the provisions of §§ 153.210 et seq. is first obtained.

(B) Compliance with laws. Such work shall be permitted in order to comply with any laws, including, but not limited to, the zoning regulations set forth in this chapter as amended.

(C) Partial destruction. Where any nonconforming building or structure is damaged or partially destroyed by any casualty, the same may be restored to the condition in which it existed immediately prior to the occurrence of such casualty; provided, that the aggregate total cost of the necessary work does not exceed a sum equal to one-half of the then assessed value of the building or structure; provided, that all such work shall be completed within a period of 12 consecutive calendar months from and after the date of the occurrence of the casualty. Sureties may be required by the Director to assure timeliness of such work.

(D) Nonconformity; existing yard areas. Such work shall be permitted as to any existing building or structure which is nonconforming by reason of substandard yard areas.

(Ord. 1346, passed 5-2-12)

Accomplishment of any work permitted pursuant to this subchapter shall not be deemed, regardless of cost, to extend the abatement period of the nonconforming use, building or structure to which the same relates. (Ord. 1346, passed 5-2-12)

(A) Public utilities exempted. The provisions of this subchapter concerning the required abatement of nonconforming buildings, structures and/or uses, and the reconstruction of nonconforming buildings and structures partially destroyed, shall not apply to public utility buildings and structures when such buildings and structures pertain directly to the rendering of the service by a utility, such as steam electric generation stations, electric distribution and transmission substations, communication equipment building, water wells and pumps, gas storage, metering and valve control stations; nor shall any provision of this subchapter be construed or applied so as to prevent the expansion, modernization or replacement of such public utility buildings, structures, equipment and features, as are used directly for the delivery of or distribution of the service; provided, that this section shall not exempt such uses from the provisions hereof covering nonconformity of such buildings, structures or uses not immediately related to the direct service to consumers, such as warehouses, storage yards and the like.

(B) Mixed uses. Where uses, buildings and/or structures are located on a C or I zoned lot, or a combination of such lots which form a single complex under common ownership, or a portion of such uses, buildings and/or structures located thereon, are nonconforming solely by reason of the fact that one or more of the uses are not permitted uses in the zone, no additional use, building or structure shall be permitted on such lot or lots, unless all of the requirements of provisions of this chapter are met as to any such additional use.

(Ord. 1346, passed 5-2-12)

(A) Nonconforming parking. Where a single-family residence is located on any residentially zoned lot, and such use is nonconforming by reason of inadequate parking, that residence may be enlarged to a maximum addition of 600 square feet of floor area without the provision of conforming parking.

(B) Accessory building. The construction of any accessory building or structure allowed pursuant to the zoning regulations applicable to the R-1 zone under this chapter shall also be permitted on any such lot. (Ord. 1346, passed 5-2-12)

(A) Notwithstanding anything else contained in this code or any rule or regulation of the city, but subject to the non-conforming use provisions of this subchapter, no permit of any kind shall be issued by or on behalf of the city for any use, building, structure, or business which is not consistent with the city’s General Plan, as adopted on November 20, 2002.

(B) Subject to the referral authority set forth in § 153.210.020(B) and the appeal process set forth in § 153.210.150, the determination of consistency between the city’s General Plan and the city’s issuance of any permit for any use, building, structure, or business shall be made by the Zoning Administrator.

(Ord. 1346, passed 5-2-12)

153.210 ADMINISTRATIVE PROCEDURES