Chapter 17.06 — LANDSCAPING STANDARDS

The purpose of this chapter is to establish minimum landscape standards to enhance the appearance of developments, provide shade, reduce heat and glare, control soil erosion, conserve water, ensure the ongoing maintenance of landscape areas, and ensure that landscape installations do not create hazards for motorists or pedestrians. All landscaping shall be planted and maintained according to Chapter 17.06.030 (Water-Efficient Landscape), and the landscape installation and maintenance guidelines in such a manner to maximize the growth, health, and longevity of the plantings.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The regulations of this chapter apply to new and existing development, as follows. Deviations from the development standards of this article may be allowed on a case-by-case basis by the designated approving authority through site plan and architectural review.

A.

New Projects. New commercial, industrial, mixed-use, multifamily residential and single-family residential projects shall be reviewed by the designated approving authority to ensure landscaping is provided in compliance with the requirements of this Chapter.

B.

Existing Development with New Construction. Where an existing nonresidential, mixed-use, multifamily residential and/or single-family residential project requests an amendment that increases the building square footage by ten percent or more, the designated approving authority shall evaluate the existing landscape to ensure compliance with applicable requirements of this chapter.

C.

Existing Development. Where an existing nonresidential, mixed-use, multifamily residential and/or singlefamily project wants to make changes to existing landscape areas.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Intent:

Establish provisions for water management practices and water waste prevention;

2.

Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new and rehabilitated projects;

3.

To reduce the water demands from landscapes without a decline in landscape quality or quantity;

4.

To retain flexibility and encourage creativity through appropriate design;

5.

To assure the attainment of water efficient landscape goals by requiring that landscapes serviced by potable water not exceed a maximum water demand of 50 percent or 0.50 of its reference evapotranspiration (ETo);

6.

To assure the attainment of water efficient landscape goals by requiring that landscapes serviced entirely by recycled water not exceed a maximum water demand of 70 percent or 0.70 of its reference evapotranspiration (ETo);

7.

To eliminate water waste from overspray and/or runoff;

8.

To achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program;

9.

To implement the requirements of the California Water Conservation in Landscaping Act 2006 and the California Code of Regulations Title 23, Division 2, Chapter 2.7;

10.

To promote water conservation within new residential subdivision landscapes by prohibiting the use of natural turfgrass lawns within the front yards of new homes and promoting low water use plants and inert materials for a sustainable and marketable landscape design; and

11.

To prohibit the new installation of natural turfgrass within medians and parkways within and along City maintained roads.

B.

Definitions. The terms used in this chapter shall have the meaning set forth below:

"Backfilling" means to refill an excavation, usually with excavated material.

"Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

"Check valve" or "anti-drain valve" means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads or other irrigation device when the system is off.

"Distribution uniformity" or "DU" means the measure of the uniformity of irrigation water distributed over an area, typically expressed in a percentage and converted to decimal form for water use calculations.

"Emitter tubing" or "sub-surface emitter dripline" means the application of irrigation water with a matched precipitation rate at low pressure through a system of tubing or lateral lines containing factory installed low volume drip emitters equally spaced to apply small volumes of water when installed per manufactures recommendations at or near the root zone of plants. The DU of this type of irrigation generally does not exceed 80 percent when plant spacing is random as each emitter is not dedicated to an individual plant but installed in a grid fashion. The DU of this type of irrigation generally does not exceed 85 percent when plant spacing is densely grouped in a triangular or rectangular spacing as each emitter is not dedicated to an individual plant but installed in a grid fashion.

"Established landscape" means the point at which plants in the landscape have developed a significant root growth into the site. Typically, most plants are established after one or two years of growth.

"Estimated annual water use" or "EAWU" means estimated total water use per year as calculated by the formula contained in Section 17.06.030 D.b.13.

"Functional turf" means the turf areas to be publicly and privately accessible and dedicated as active play and recreation areas such as parks, sports fields, and golf courses; where turf provides a playing field or where turf is needed for high foot traffic activities.

"Hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

"Invasive species" are non-indigenous species (e.g. non-native plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County Multiple Species Habitat Conservation Plan and the Coachella Valley Multiple Species Habitat Conservation Plan. Said lists are hereby incorporated by reference.

"Landscape architect" means a person who holds a license or is registered to practice landscape architecture in the State of California.

"Landscaped area" or "LA" means all of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance (MAWA) calculation. The landscape area does not include footprints of buildings, structures, sidewalks, driveways, parking lots, decks, patios,

gravel or stone walks, other pervious or impervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open space and existing native vegetation).

"Local water purveyor" means any entity, including a public agency or private water company that provides retail water service to customers in the unincorporated area of Riverside County.

"Maximum applied water allowance" or "MAWA" means the upper limit of annual applied water allowed for the established landscaped area as calculated by the formula contained in Section 17.06.030 D.b.13.a.

"Mulch" means a layer of material applied to the surface of an area of soil on the ground to prevent excessive evaporation or erosion, to enrich the soil, inhibit/discourage weed growth, increase the rate of saturation, and reduce fluctuation in soil temperature. Mulch may be organic (such as bark mulch, wood chips) or inert (decomposed granite, gravel).

"Overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., impulse sprinklers, spray heads and rotors, etc.).

"Point source drip" or "point to point drip" means the application type of irrigation water with a matched precipitation rate at low pressure through a system of tubing or lateral lines with a dedicated field-installed low volume emitter or emitters at each specific plant. The DU of this type of irrigation generally does not exceed 90 percent.

"Potable water" means water that must meet Federal and State safe drinking water standards and is safe for human consumption and contact.

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. Reference evapotranspiration numbers shall be taken from the most current Evapotranspiration Zones Map developed by the California Department of Water Resources. For geographic areas not covered by the evapotranspiration zones map, data from nearby areas shall be used.

"Rehabilitated landscapes" means any re-landscaping of a project that requires a discretionary permit.

"Special landscape area" means an area of the landscape dedicated to edible plants, and areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing field or where turf is needed for high traffic activities. Cemeteries shall also be considered as special landscape areas. These areas shall be allowed 1.0 ETo.

"Temporarily irrigated" means irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less.

"Turf" or "turfgrass" or "lawn" means species of warm or cool season grasses that form a dense thick mat of roots. Mowing creates a dense even surface and increases the need for water regardless of season. Turf or turfgrass or lawn does not include artificial turf.

"Water-intensive landscaping" means a landscape with a WUCOLS IV plant factor of 0.61 or greater and categorized as high or between high and moderate.

"WUCOLS" means the publication entitled "Water Use Classification of Landscape Species IV" by the California Department of Water Resources (DWR) Water Use Efficiency Program, California Center for Urban Horticulture (CCUH), University of California Davis, and University of California Cooperative Extension (2014 or most current WUCOLS version).

C.

Applicability.

1.

The water-efficient landscape requirements contained in this chapter shall be applicable to all rehabilitated landscapes associated with residential uses (including single family and multi-family units/projects) with a total landscape area equal to or greater than 2,500 square feet which require a discretionary permit and/or approval; all new landscapes associated with residential uses (including single family and multi-family projects) which require a discretionary permit and/or approval; and all new and rehabilitated landscapes associated with commercial or industrial uses which require a discretionary permit and/or approval.

2.

In the event covenants, conditions and restrictions are required for any permit subject to this chapter, a condition shall be incorporated into any project approval prohibiting the use of water-intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this chapter in connection with common area/open space landscaping. Additionally, such a condition shall require the covenants, conditions and restrictions to incorporate provisions concerning landscape irrigation system management and maintenance. This chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. Covenants, conditions and restrictions shall not prohibit use of low water use plants or the replacement of turf with less water intensive plant species.

3.

Recognizing the special landscape needs of cemeteries, new and rehabilitated landscapes within a cemetery are subject only to the provisions set forth in Sections 17.06.030E.1 and 17.06.030E.2 of this chapter.

4.

The following uses and/or projects are exempt from the provisions of this chapter:

a.

Registered local, state or federal historical sites;

b.

Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of less than five years;

c.

Mined land reclamation projects that do not require a permanent irrigation system; and

d.

Botanical gardens and arboretums open to the public.

5.

If the local water purveyor has stricter requirements than called for in this ordinance, the project applicant is responsible for contacting the water purveyor to determine what the requirements are and for designing the plans to those requirements. The county will work with the project applicant to implement the water purveyor requirements.

D.

Landscape Documentation Requirements. An applicant proposing any new or rehabilitated landscape for a project subject to the requirements of section C of this chapter shall prepare and submit a construction document package (CDs) to the Community Development Director including the following:

1.

All project information;

2.

A planting plan;

3.

An irrigation design plan;

4.

A soil management plan; and

5.

A grading design plan.

The "Riverside County Guide to California Friendly Landscaping" (Landscaping Guide) as may be periodically amended by the Planning Director is hereby incorporated by reference to assist in designing, constructing, and maintaining a water efficient landscape and efficient irrigation system.

It is recommended that an applicant proposing any new or rehabilitated landscape that is designated for recycled water use consult with the appropriate local water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that the

aforementioned plans when submitted comply with the applicable standards, approvals, and implementation requirements of this chapter, the local water purveyor, and any applicable maintenance entity.

Water systems for common open space areas shall use non-potable water if approved facilities are made available by the local water purveyor. Provisions for a non-potable water system shall be provided within the irrigation design plan. Water systems designed to utilize non-potable water shall be designed to meet all applicable standards of the appropriate regional water quality control board and the Riverside County Health Department.

a.

Project information located on cover sheet:

1.

Date;

2.

Name of applicant and contact information;

3.

Name of project owner and contact information;

4.

Project address including parcel and lot numbers;

5.

Total landscape area in square feet;

6.

Project type (e.g. new or rehabilitated; residential, commercial, or industrial);

7.

Water supply (e.g. potable, well, recycled; use of recycled water is encouraged);

8.

Applicant's signature and date with statement, "I agree to comply with the requirements of Chapter 17.06 and submit a complete Landscape Documentation Package."

9.

Landscape Architect's information, stamp, and signature; and

Status of plans, e.g. "plan check set", "bid set", "construction set".

b.

Planting plan requirements:

1.

New natural turfgrass lawns are effectively prohibited within the front yard for any new residential subdivisions. New natural turfgrass within medians and parkways within and along City maintained roads are effectively prohibited.

2.

Plant types shall be grouped together in regard to their water, soil, sun, and shade requirements and in relationship to the buildings. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly: high and moderate, moderate and low, low and very low. Deviation from these groupings shall not be permitted.

3.

Trees for shade shall be provided for residential, commercial, and industrial buildings, parking lots and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation.

4.

Plants shall be placed in a manner considerate of solar orientation to maximize summer shade and winter solar gain.

5.

Plant selection for projects in high fire hazard areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required pursuant to Public Resources Code section 4291 and Riverside County Ordinance No. 695. Fire-prone plant materials and highly flammable mulches shall be avoided.

6.

Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, conservation areas/reserves and other open space areas because of their potential to cause harm to environmentally sensitive areas.

7.

All exposed surfaces of non-turf areas within the developed landscape area shall be mulched with a minimum three-inch layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one-half inches.

Mulching products used on slopes shall aid in slope stability.

9.

Turf areas shall be used in response to functional needs as defined and in compliance with the water budget.

10.

Decorative water features shall use re-circulating water systems.

11.

Where available, recycled water shall be used as the source for irrigation and decorative water features.

12.

Planting plans shall identify and site the following:

a.

New and existing trees, shrubs, ground covers, and turf areas within the proposed landscaped area;

b.

A planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size;

c.

Designation of hydrozones;

d.

Area, in square feet, devoted to landscaping and a breakdown of the total area by landscape hydrozones;

e.

Property lines, streets, and street names;

f.

Building locations, driveways, sidewalks, retaining walls, and other hardscape features;

g.

Appropriate scale and north arrow;

h.

Any special landscape areas;

i.

Type of mulch and application depth;

j.

Type and surface area of water features;

k.

Type and installation details of any applicable stormwater best management practices;

l.

Planting specifications and details, including the recommendations from the soils analysis, if applicable.

13.

Planting plans shall be prepared and have accurate and complete water budget calculations using one MAWA for the entire project and one EAWU formula for each hydrozone:

a.

Maximum applied water allowance (MAWA): Planting Plans shall be prepared using the following Water Budget: Formula for projects serviced by potable water sources and required not to exceed 50 percent or 0.50 ETo:

MAWA (in gallons) = (ETo)(0.62)[0.5 × LA+0.5 × SLA]

Formula for projects serviced entirely by recycled water sources and required not to exceed 70% or 0.70 ETo:

MAWA (in gallons) = (ETo)(0.62)[0.7 × LA+0.3 × SLA]

Where:

ETo is reference evapotranspiration, local to the project;

SLA is the amount of special landscape area in square feet;

LA is total landscape area (including the SLA) in square feet; and

For the purposes of determining the MAWA, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71.

b.

Estimated annual water use (EAWU): EAWU for a given hydrozone is calculated as follows:

EAWU (in gallons) = (ETo)(0.62)[((PF × HA)/IE) + SLA]

Where:

ETo is reference evapotranspiration;

PF is Plant Factor;

HA is hydrozone area in square feet;

IE is irrigation efficiency (minimum 0.71);

SLA is the amount of special landscape area in square feet;

c.

Landscaping plans shall provide EAWU (in the same units as the MAWA) for the sum of all valve circuits in the irrigation hydrozone. The sum of all EAWU hydrozone calculations shall not exceed the MAWA for the project;

d.

The plant factor used shall be from WUCOLS. The plant factor for low water use plants range from 0 to 0.39, for moderate water use plants range from 0.4 to 0.6, and for high water use plants range from 0.61 to 1.0.

e.

The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or the factor of the higher water using plant used.

f.

The surface area of a water feature shall be included in the high-water use hydrozone area of the water budget calculation and temporarily irrigated areas in the low water use hydrozone.

g.

Landscape concept plans not for construction shall be required to provide a complete and accurate MAWA calculation only.

14.

Planting plans and irrigation design plans (Section 17.06.030 D.c.) shall be drawn at the same size and scale.

15.

The planting plan and irrigation design plans (Section 17.06.030 D.c.) including landscape concept plans shall be prepared by a landscape architect licensed or registered by the State of California.

c.

Irrigation design plan requirements:

1.

New natural turfgrass lawns are effectively prohibited within the front yard for any new residential subdivisions. New natural turfgrass within medians and parkways within and along City maintained roads is effectively prohibited.

2.

Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71.

3.

All irrigation systems shall be designed to prevent runoff, over-spray, low head drainage, and other similar conditions where water flows off-site on to adjacent property, non-irrigated areas, walks, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

4.

Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to real time weather conditions unless the use of the property would otherwise prohibit use of a timer. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (e.g., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology may be required, where necessary, at the discretion of the Community Development Director.

5.

Water systems for common open space areas shall use non-potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a non-potable water system shall be provided within the landscape plan. Water systems designed to utilize non-potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department.

6.

Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. Trees should be placed on separate irrigation valves from other plants (hydrozoned) with either bubblers or drip emitters. All installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency as required by the Landscaping Guide.

7.

Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured. 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 the installation.

8.

The capacity of the irrigation system shall not exceed:

a.

The capacity required for peak water demand based on water budget calculations within the required water window;

b.

Meter capacity; or

c.

Backflow preventer type and device capacity;

d.

A velocity of five feet per second for polyvinyl chloride (PVC) materials and seven feet per second for copper and brass materials.

9.

Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer.

10.

Within inert mulched planting areas, the use of point source drip irrigation is required to maximize water infiltration into the root zone. In 3" organic mulched planting areas where slopes are less steep than 4:1, the use of Emitter Tubing irrigation or point source drip irrigation is required to maximize water infiltration into the root zone. Low water use plants that require overhead spray may be exempted from this requirement but shall be grouped, spaced and hydrozoned independently on overhead spray. In 3" organic mulched planting areas where slopes are steeper than 4:1, the use of low volume irrigation or point source drip irrigation is required to maximize water infiltration into the root zone. Drip irrigation shall be installed under the mulch. If grading conditions require increased stability not obtainable through low volume drip methods then overhead irrigation will be permitted with proper justification at the discretion of the Planning Director.

11.

Slopes greater than or equal to 4:1 shall not be irrigated with an irrigation system with a precipitation 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 required to be submitted pursuant to this chapter, and if there is a clear demonstration that no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

12.

Long-narrow, or irregularly shaped landscaped areas including functional turf areas less than ten feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology.

13.

Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface including DG walking trails or paths. There are no restrictions on the irrigation system type if the landscape area is adjacent to permeable surfacing or if no overspray and runoff occurs.

14.

For the purpose of design, overhead irrigation shall be limited to the hours of 9:00 p.m. to 6:00 a.m. (ninehour water window), no more than six days a week.

15.

All irrigation systems shall be equipped with the following:

a.

A smart irrigation controller as defined in Section 17.06.030 D.c.4 of this chapter;

b.

A rain sensing device to prevent irrigation during rainy weather;

c.

Anti-drain check valves installed at strategic points to minimize or prevent low-head drainage;

d.

A manual shut-off 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 or routine repair;

e.

A mainline pressure regulator when the static water pressure is 15 percent above the recommended operating pressure of the irrigation system;

f.

Pressure regulation within each valve circuit to establish optimal operating pressure per manufacturers' recommendations;

g.

Backflow prevention devices within a lockable cage or enclosure or other anchoring device to prevent theft; and

h.

Risers shall not be used in high traffic areas.

16.

Dedicated landscape meters shall be required for all projects greater than 2,500 square feet except singlefamily residences.

17.

Irrigation design plans shall identity and site the following:

a.

Hydrozones:

1.

Each hydrozone shall be designated by number, letter or other designation;

2.

A hydrozone information table shall be prepared for each hydrozone;

3.

Each hydrozone shall be identified by a low, medium, or high priority designation in the event of a drought or water budgeting event as determined by the local water purveyor.

b.

The areas irrigated by each valve;

c.

Irrigation point of connection (POC) to the water system;

d.

Static water pressure at POC;

e.

Location and size of water meter(s), service laterals, and backflow preventers;

f.

Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low volume irrigation equipment;

g.

Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and psi for each drip and low volume irrigation circuit;

h.

Precipitation rate (inches per hour) for each irrigation circuit;

i.

Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius, and precipitation rate;

j.

Irrigation system details and specifications for assembly and installation; and

k.

Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape.

18.

For each valve, two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and functional turf throughout the calendar year.

19.

The planting plans (Section 17.06.030 D.b.) and irrigation design plans shall be drawn at the same size and scale.

20.

The planting plan (Section 17.06.030 D.b.) and Irrigation design plans including landscape concept plans shall be prepared by a landscape architect licensed or registered by the State of California.

d.

Soil management plan requirements:

After mass grading, the project applicant shall:

a.

Perform a preliminary site inspection;

b.

Determine the appropriate level of soil sampling and sampling method needed to obtain representative soil sample(s), typically one test per every 25,000 square feet of landscaped area;

c.

Conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and

d.

Obtain appropriate soil sample(s).

2.

The project applicant shall submit soil sample(s) to a laboratory for analysis and recommendation. The soil analysis may include:

a.

Soil texture;

b.

Infiltration rate determined by laboratory test or soil texture infiltration rate tables;

c.

pH;

d.

Total soluble salts;

e.

Sodium; and

f.

Soil analysis recommendations.

3.

The project applicant shall prepare documentation describing the following:

a.

Soil type;

b.

Identification of limiting soil characteristics;

c.

Identification of planned soil management actions to remediate limiting soil characteristics; and

d.

Submit the soil analysis report and documentation verifying implementation of soil analysis report recommendations to the county pursuant to the requirements of Section 17.06.030 F.3.

e.

Grading design plan requirements:

1.

The landscape documentation submitted shall include rough/precise grade elevations prepared for the project by a licensed civil engineer.

E.

Landscape Irrigation and Maintenance. This section shall apply to all projects subject to the provisions of this chapter as set forth in Section 17.06.030 C.

1.

Two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year. The irrigation schedule shall take into account the particular characteristics of the soil; shall be continuously available on site to those responsible for the landscape maintenance; and shall contain specifics as to optimum run time and frequency of watering, and irrigation hours per day. The schedule currently in effect shall be posted at the controller.

2.

A regular maintenance schedule and certificate of completion shall be submitted to the Planning Director, property owner, and water purveyor. A regular maintenance schedule shall include, but not be limited to, routine inspection, adjustments, and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas and removing any obstruction to irrigation devices. Repair of all irrigation equipment shall be done with the original equipment manufacturers installed components or equivalent/improved quality components.

All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter.

4.

Information shall be provided to owners of new, single family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes.

F.

Compliance/Plan Submittal Process. Prior to issuance of a building permit for the project, the project applicant shall:

1.

Submit all landscape documents for review and approval by the Community Development Director. The planting plan, irrigation design plan, and soils management plan shall be reviewed by a licensed or registered landscape architect to ensure that all components of the plans adhere to the requirements of this chapter. The licensed or registered landscape architect shall sign the plans verifying that the plans comply with this chapter. Any plans submitted without the signature of a licensed or registered landscape architect shall not be accepted for review.

2.

Prior to issuance of a certificate of occupancy or final inspection for the project, a regular maintenance schedule and a certificate of completion shall be submitted to the Community Development Director certifying that the landscaping has been completed in accordance with the approved planting, irrigation design, soil management, and grading design plans for the project. The certificate of completion shall be signed by a licensed or registered landscape architect and shall indicate:

a.

Date;

b.

Project information: Project name; project applicant name, telephone and mailing address; project address and location; and property owner name and mailing address;

c.

Prior to backfilling, evidence that the party responsible for irrigation installation conducted a preliminary field inspection of the irrigation system (evidence of field inspection shall be attached);

d.

The landscaping has been installed in conformance with the approved planting and irrigation design plans;

e.

Irrigation audit report performed by a certified irrigation auditor after project installation (audit report shall be attached);

f.

The smart irrigation controller has been programmed appropriately according to the parameters of each valve circuit;

g.

The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff;

h.

A copy of the approved landscape documentation (Section 17.06.030 D), the irrigation schedule (Section 17.06.030 E.1) and the maintenance schedule (Section 17.06.030 E.2.) has been given to the property owner and local water purveyor; and

i.

Verification that the maintenance schedule has been provided to the Community Development Director.

3.

At a minimum, all landscape irrigation audits shall comply with the "Irrigation Association Certified Landscape Irrigation Auditor (CLIA) Training Manual" (3rd Edition, 2013 or most current) and shall be conducted by a certified landscape irrigation auditor. Any landscape irrigation auditor performing audits shall maintain a current certification as a CLIA from the Irrigation Association (IA).

4.

The Community Development Director or his/her designee shall have the right to enter upon the project site at any time before, during, and after installation of the landscaping, to conduct inspections for the purpose of enforcing this chapter.

5.

The Community Development Director shall have the discretion to interpret and determine suitable compliance based upon the intent of the chapter.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.06.040 - Landscape requirement for nonresidential uses.

A.

Commercial Use Landscaping Requirements. Commercial Landscaping Requirements identifies the minimum required depth of landscaped areas adjacent to residential districts and public rights-of-way and the minimum required coverage of landscaping for commercial districts and specific commercial uses.

Landscape Depths Required:

a.

Property Lines Adjacent to Residential Districts: Five feet.

b.

Required Setback Adjacent to Public Rights-of-Way: Ten feet.

2.

This area shall be landscaped with plant materials.

3.

Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery and may include such items as sidewalks, access driveways, flagpoles, fountains, and other similar appurtenances.

4.

Landscaping shall be developed as usable landscaped open space and outdoor living and recreation area with an adequate irrigation system.

5.

Area shall be landscaped with plant materials designed to provide beautification and screening.

6.

The planting of shade trees on the south and west-facing sides of new buildings is encouraged.

B.

Commercial Use Landscape Provisions.

1.

All non-paved areas shall be landscaped and maintained to control dust.

2.

Wherever off-street parking areas are situated across the street from property in a residential zone, a masonry wall or berm three feet in height shall be erected within the required landscape area, outside of the public right-of-way to adequately screen the residential properties.

3.

An automatic irrigation system shall be provided for all landscaped areas.

4.

Landscaping within required setback adjacent to the public right-of-way shall be provided and maintained in perpetuity subject to the following conditions:

a.

A distinct demarcation between asphalt paving and landscaped area shall be provided.

5.

No other usage or storage is permitted within required landscaped area.

C.

Industrial Use Landscape Provisions.

1.

The required front yard and required side yard on the street side of a corner lot, except for the area occupied by necessary driveways and walkways, shall be landscaped with trees and other plant materials.

2.

Landscaping within required setback adjacent to the public right-of-way shall be provided and maintained, subject to the following conditions:

a.

A distinct demarcation between asphalt paving and landscaped area shall be provided.

b.

At least one-third of the total landscaped area shall be provided by trees, shrubs, and other plant material.

3.

An automatic irrigation system for the landscaped area shall be provided.

4.

No other usage or storage is permitted within the required landscaped area.

D.

Landscaping Used for Screening. This section indicates the requirements with respect to the landscaping of buffers.

1.

Landscaped Buffers for Industrial Uses. A landscaped buffer shall be provided along the boundary of all industrially zoned property where it abuts a residential or commercial zone.

2.

Walls. Where a berm is provided, a three to six-foot-high masonry wall is allowed at the setback line with a berm to add to its height.

E.

Parking Lot Landscaping Standards.

1.

Landscaping Requirements.

a.

A minimum of 15 percent of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, vines, ground cover, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material. A minimum of one-third of the required landscaping shall be distributed within the interior of the parking facility and the remaining two-thirds of the required landscaping shall be provided as peripheral planting on the exterior edges of the parking area.

b.

All planter beds and tree planters shall be bordered by a concrete curb not less than 6 inches in height adjacent to the parking surface.

c.

All applicants creating new or rehabilitating parking lots shall provide a landscape plan for review and approval by the City of Beaumont for said parking lots. The landscape plan shall incorporate waterconserving plant material and irrigation technology.

d.

All landscape areas shall be well maintained in perpetuity.

2.

Screening Requirements.

a.

All off-street parking areas shall be screened to minimize the visual impact on adjacent streets and properties. No parking space shall be located within six feet of a street property line or back of sidewalk. Any open areas in the interiors shall be landscaped with appropriate plant materials.

b.

Open parking facility or a loading area shall be screened from a residential use adjoining or directly across a street or alley. Screening shall be six feet in height, except that screening to protect properties across a street may not be less than four feet in height.

Parking Lot Landscaping Requirements Exhibit

==> picture [360 x 181] intentionally omitted <==

F.

Tree Requirements.

1.

The intent of this code is to improve and maximize the landscaping within the off-street open parking areas to provide 30 percent or more of shade coverage in ten years. In order to achieve this coverage, the applicant shall plant single-trunk, low-branching trees in windy areas, and design, where possible, north/south-oriented parking areas to provide maximum shade. Landscaping shall be provided and maintained to the extent that at least one medium- or large-scale tree is planted for every six parking stalls. A diversity of tree species is required.

2.

The minimum size tree planted shall be no less than a 24-inch box tree.

3.

Low water use and native plant materials shall be encouraged and used to the greatest extent possible.

4.

Problematic trees having shallow or invasive roots or having brittle or weak branching structure shall be prohibited.

5.

Where trees already exist, the parking lot shall be designed to make the best use of this existing growth and shade wherever it is reasonably possible.

G.

Landscape Maintenance Requirements.

Maintenance shall include, but not be limited to: proper pruning, watering, and fertilization of plants; periodic replacement of decomposed granite; irrigation system repairs and adjustments; removal, adjustment, and/or replacement of tree stakes; and weed removal. All missing, dead, dying, or significantly injured tree(s) must be replaced. Unless otherwise approved, a replacement tree(s) shall be the same size and type as removed. The minimum size replacement tree(s) allowed shall be no less than a 24-inch boxed tree.

2.

All significantly injured, decayed or dead trees, and trees found to be significantly damaged by improper pruning shall be removed and replaced by the landowner.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Parking lot dividers, islands, planters, and planting areas shall be a minimum of five feet wide and ten feet long except that all new or retrofitted tree planters shall be a minimum of nine feet by seven feet, measured to the inside perimeter of the planter, and shall have no less than 48 square feet of permeable soil planting area.

Parking Lot Requirements Exhibit

==> picture [336 x 137] intentionally omitted <==

B.

Parking lot tree irrigation requirements. Automatic irrigation systems within parking lots shall be installed. Trees shall be irrigated with drip emitters, bubbler heads, or subterranean low-volume drip system. Trees shall be irrigated separately from shrubs and ground covers.

C.

Parking lot tree maintenance and installation requirements. All plants and irrigation systems shall be installed according to approved plans. The owner shall guarantee the quality of work, health, and condition of plants and installation of materials including but not limited to plant types, size, spacing, and irrigation systems. Prior to final acceptance of the project, the City shall inspect and verify that the installation is in compliance with the approved plans and specifications. All corrections, adjustments, and/or replacement of landscape elements shall be done prior to final approval by the City.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Multiple-family residential properties with four units or less shall meet the same requirements as single family uses (Section 17.06.080).

B.

Multiple-family residential properties with more than four units shall meet the intent of landscape coverage for commercial properties (Section 17.06.040). Projects shall meet the parking lot landscaping standards (Section 17.06.050) and the usable yard area requirements for the Multiple-Family Zone (Section 17.03.070).

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.06.070 - Landscape requirements for mixed uses.

A.

Mixed use properties shall prepare detailed planting plan for the approval of the City. The plan shall take into account the landscape requirement for the different types of uses of the property.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.06.080 - Landscape requirements for single family residential uses.

A.

For single family residential properties, no more than 50 percent of the front yard and street side yard area shall be non-pervious surface (e.g., used as a driveway). Deviations from these standards may be allowed through site plan and architectural review for small-lot single-family developments at the time of master home plan review or for small lot development (Section 17.11.030.D) where these standards preclude the maximum lot coverage from being achieved.

B.

Remaining unpaved portion of the setback areas shall be landscaped, irrigated, and maintained. At least one-third of the landscaped area shall be provided by trees, shrubs, and other plant material. All other areas shall have wood chips, decorative rock, decomposed granite or other as approved by the Planning Dept. All landscaping shall be maintained per the Beaumont Municipal Code and/or as often as necessary to prevent a nuisance. No junk, debris, or other similar materials shall be stored in the landscaped areas.

C.

Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces. Techniques include:

Offsetting any turf areas from driveways and sidewalks a minimum of 24 inches to prevent overspray from sprinklers.

2.

Using a subterranean irrigation system (versus spray irrigation) or drip irrigation system.

3.

Other water conservation techniques.

D.

A minimum of two 24-inch box shade trees are required within the front yard setback of all single-family residences. Additionally, the planting of shade trees on the south and west-facing sides of new singlefamily residences is encouraged.

Front Yard Coverage Exhibit

==> picture [360 x 322] intentionally omitted <==

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.06.090 - Slopes.

A.

Cut and fill slopes equal to or greater than three feet in vertical height shall be planted with ground cover and shall be provided with an in-ground irrigation system to protect the slope from erosion and instability.

B.

Cut and fill slopes exceeding ten feet in vertical height shall be planted with approved trees and shrubs in addition to ground cover to protect the slope from erosion and instability.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Property owners shall maintain the planting strip abutting each property regardless of whether the property is developed or not.

B.

Any tree, shrub, or part thereof on private property that overhangs any street or alley so that it endangers life, safety, or public property shall be removed, trimmed, or cut off within ten days of written notice from the City.

C.

Occupants of a property abutting a public street or alley shall keep private trees from overhanging into the public right-of-way. Trees shall be trimmed to maintain a minimum clearance of ten feet above the sidewalk, 14 feet above a curb, 17½ feet at center in residential areas, and 17½ feet above the curb at bus stops.

D.

Front and side yards shall not be used for off-street parking of vehicles or loading spaces.

E.

The property owner shall permanently and continuously maintain all landscaping in a neat, clean, and healthy condition, including removal of litter, proper pruning, mowing of lawns, weeds, fertilizing, and watering; and replacement of diseased and/or dead plants.

F.

Front, side, and rear yards shall not be used for off-street parking of vehicles or loading spaces unless on an approved surface.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This section applies to street trees located within the public right-of-way.

A.

Permitted Plantings. Only trees approved by the Community Development Director shall be planted along a public street, alley, parking strip, public right-of-way, or parkway.

B.

Responsibility for Maintenance. Owners of a property fronting a public street or alley shall be responsible for the adequate watering of all street trees abutting that property and shall bear the cost of replacement of any street tree that dies.

C.

Alteration or Removal. No person shall plant, trim, or remove any tree or shrub on any, public street or rightof-way without approval of a permit by the Planning Department. Public utility companies and agencies shall be permitted to trim Trees to ensure the safe operation of their businesses.

D.

Prohibitions. The following acts in planting strips or parkway areas are prohibited:

1.

Construction of a tree well with diameter less than four feet or otherwise filling the ground area around a tree so as to shut off light, air, or water from the roots.

2.

Piling of any, building material, equipment, or other substance around any tree so as to cause injury.

3.

Pouring of any deleterious matter on or around any tree or on the ground or on any lawn in such a manner as to damage the tree.

4.

Cutting, breaking, defacing or damaging a tree in any manner whatsoever.

5.

Placing or allowing to remain in any parkway area any vegetation (other than an approved tree) or structure exceeding 18 inches in height.

6.

Posting or affixing to any City tree any bill, poster, picture, placard, announcement, notice, advertisement, or sign.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This section sets forth the requirements with respect to the use of artificial turf/grass in landscape areas and may be used to meet the requirements for plant material.

A.

Artificial turf/grass shall be allowed in all landscape areas subject to the following standards:

1.

Artificial turf/grass shall be aesthetically similar to natural turf.

2.

Artificial turf/grass shall be maintained to the standards and aesthetics consistent to the time at which it was approved and installed.

3.

Artificial turf/grass shall have an artificial turf fiber blend that reduces heat absorption, has appropriate ultraviolet protection, and has a flammability rating that meets Fire Department Standards.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.06.130 - Landscape water use efficiency enforcement.

A.

The City of Beaumont will rely on water purveyors to enforce landscape water use efficiency requirements. The City of Beaumont shall coordinate with local water purveyors and identify programs that enhance and encourage landscape water use efficiency such as:

1.

Tiered water rate structure, or

2.

Allocation-based conservation water pricing structure, or

3.

A rate structure at least as effective as the above options, or

4.

Irrigation audits and/or irrigation surveys, or

5.

Penalties for water waste.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Chapter 17.07 - SIGNS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1167, § 2(Exh. A), adopted Nov. 7, 2023, amended Ch. 17.07 in its entirety to read as herein set out. Former Ch. 17.07, §§ 17.07.010—17.07.140, pertained to similar subject matter, and derived from Ord. No. 1128, § 2(Exh. B), adopted Dec. 1, 2020.

It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program.

A.

Recognition of Needs; Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signage is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image that the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and signage. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop.

B.

Interests Served. The City enacts this Chapter to serve many important governmental, City and community interests, which include but are not limited to: community aesthetics and the promotion of the visual appeal of the City, promotion of economic activity, and the promotion of safety for motorists and pedestrians.

C.

Authority. The City enacts this Chapter pursuant to the authority granted by the State Legislature and codified as Government Code section 65850, and federal laws, including such provisions requiring the display of specified signs or information.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

The objectives of this section chapter are:

1.

To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment;

2.

To encourage signs which are well designed and pleasing in appearance;

3.

To preclude potential traffic and safety hazards through good signing;

4.

To regulate signs in a manner consistent with the General Plan;

5.

To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution; and

6.

Recognize that commercial and residential areas within the City have different regulatory needs due to their inherent characteristics and may require different sign regulations based on the respective land uses, and that aesthetic impacts based on sign size, illumination, and placement may create a greater public nuisance in residential neighborhood areas than in commercial areas.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary.

A.

Enforcement Authority. The Community Development Director is authorized and directed to enforce the provisions of this Chapter. The Director may designate one or more representatives of the department to implement the provisions of this Chapter.

B.

Permits When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting, either pursuant to this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law.

C.

Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. Notwithstanding the remaining sections in this Chapter, this Chapter shall in all instances be administered and enforced to be consistent with the law established by the Supreme Court in Reed v. Town of Gilbert (2015) 576 U.S. 155. The Director is authorized to grant administrative variances as necessary to ensure that this chapter is administered in a manner consistent with Reed v. Town of Gilbert. Furthermore, no enforcement of this Chapter shall occur without the Director's review and approval that such enforcement would not be impermissibly content based and would be consistent with federal and state constitutions and laws.

D.

Message Substitution Policy. Subject to the landowner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted and maintained.

E.

Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.

F.

Rules for Non-Communicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

G.

Billboard Policy.

1.

Prohibition: The City Council finds that the City already has a sufficient number of billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any billboards, other than

those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted, except for the relocation of existing billboards pursuant to this section

2.

Relocated Billboards: Notwithstanding any other provision of this chapter, upon entry into a relocation agreement with the City in accordance with California Business and Professions Code Section 5412, the owner of an existing billboard within the City may convert a static copy billboard to an electronic billboard, subject to approval of a permit application pursuant to Section 17.07.060 and subject to the requirements of Chapter 8.50 (Outdoor Lighting) of the Beaumont Municipal Code. Such agreements may be approved by resolution of the City Council upon terms that are agreeable to the City, pursuant to administrative guidelines, as adopted by a City Council resolution. The execution of a relocation agreement shall not operate to change the status of any billboard as a nonconforming use for the purpose of this code.

H.

Mixed or Multiple Use Zones. In any zone where both residential and non-residential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential zone where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.

I.

Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is constructed, mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

J.

Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and run with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter unless stricter than this Chapter), or the ownership of sign structures.

K.

Preservation of Existing Rights and Duties. This Chapter does not abrogate or supersede any easements, covenants, or other existing agreements that are more restrictive than the provisions of this Chapter.

L.

Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify

the rules stated herein as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of signs, but may not override or modify any of these basic policies unless stricter than these basic policies. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted.

M.

Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted this Chapter even without any portion, which may be held invalid or unenforceable.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories:

A.

Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement.

B.

Banner Sign. A fabric or fabric-like material on which an advertising message is painted or otherwise affixed.

C.

Billboard Sign or Billboard. A permanent sign structure used for the display of offsite commercial messages, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any billboard sign may be replaced with noncommercial copy.

D.

Commercial Sign. A sign displayed for the purpose of identifying a commercial message, or advertising a service, product, business or venture that is offered for trade or sale which can be located onsite or offsite.

E.

Directional Sign, on-site. A sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs).

F.

Electronic Message Center Sign. A sign with the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign.

G.

Flag Sign. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, organizations, or specific business activities.

H.

Flashing Sign. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial messages.

I.

Freestanding Sign. A permanent sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.

J.

Identification Sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.

K.

Identification Sign (Residential). A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.

L.

Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

M.

Monument Sign. A sign with an overall height of six feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view.

N.

Noncommercial Sign. A sign that is displayed for the purpose of identifying a noncommercial message. The sign does not do any of the following: (1) advertise a product, business or service for profit and/or a

business purpose; or (2) relate solely to economic interests. Noncommercial signs are not considered either off-site or on-site signs.

O.

Off-site Sign. A sign related in its subject matter to some premises or lot other than the premises or lot on which the sign is located.

P.

On-site Sign. A sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises.

Q.

Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby.

R.

Permanent Sign. A stationary sign permanently attached to the ground or to a structure.

S.

Pole or Pylon Sign. A sign with an overall height exceeding six feet and supported by one or more poles or pylons attached directly into or upon the ground.

T.

Portable Sign. A temporary sign designed and constructed so as to be easily moved. Such signs are usually not secured to a building or anchored to the ground. Common types include "A" frame signs, sandwich board signs, and sidewalk signs.

U.

Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.

V.

Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent or exchange. The advertising contained on a real estate sign shall be limited to the following information: (1) that the property is for sale, lease, rent or exchange by the owner or his or her agent; (2) the property is in escrow or there is an "open house"; (3) directions to the property; and (4) the owner's or agent's name, address and telephone number.

W.

Revolving Sign. A sign or a portion thereof, which rotates or revolves.

X.

Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure.

Y.

Temporary Sign. A sign structure or device used for the display of messages or images, which is easily installed and removed and which is not intended or suitable for long-term or permanent display due the sign construction, materials, placement, or installation. Temporary signs shall include noncommercial signs, real estate signs, yard or garage sale signs, construction signs, on-site temporary window signs displaying a commercial message, future tenant identification signs, commercial flags and banners for real estate sales and leasing, commercial flags on commercial, industrial, or agricultural properties, signs supported by and affixed to the ground by a wire frame or special event signs. Any sign not covered by this definition is a permanent sign and must comply with the applicable permanent sign regulations.

Z.

Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location.

AA.

Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall.

BB.

Window Sign. A temporary sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

For purposes of this Chapter, the following words and phrases have the meanings stated in this section.

A.

Administrator. Same as Director.

B.

Advertise. Describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance.

C.

Area of Sign. The area of a sign shall be calculated by multiplying the width by the length of the sign face. In the case of a two-sided sign, the area shall be computed as including only the largest single sign face. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign.

D.

Commercial Complex. Any group of three or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by common access or common parking, or a large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage.

E.

Commercial message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction. Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies only to commercial messages.

F.

Copy. Graphic content of a sign surface designed to allow the changing of copy through manual, mechanical, or electrical means.

G.

Development. A building or buildings wherein two or more separate independently owned or operated establishments are located.

H.

Director. The City's Community Development Director.

I.

Establishment. Any non-residential use of land involving permanent structures or buildings.

J.

Face of Building. The wall of a building, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases of decorations, but including any required parapet wall.

K.

Frontage. The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, railroad or freeway.

L.

Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the parcel shall be determined by the measurement of the larger or largest frontage on a public street.

M.

Height of a sign. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially alter the height of a sign.

N.

Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area.

O.

Landscaped Planter. An area specifically designated for plant materials that may be at, below or above grade.

P.

Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street.

Q.

Noncommercial message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message. The onsite/offsite distinction applies only to commercial messages.

R.

Office Complex. Any group of three or more office uses on a parcel or combination of parcels that are generally served either by common access or common parking.

S.

Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact. Each commercial complex or shopping center shall be allowed to designate only one primary street frontage subject to approval of the Planning Department. Where no single street frontage can be identified as the primary street frontage, or in cases of dispute as to which street frontage is the primary street frontage, the Planning Director shall designate the primary street frontage in conjunction with the review of proposed signs.

T.

Relocated Billboard. An existing billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static billboard face with an electronic message center. The relocated billboard is not considered a new billboard.

U.

Secondary Street Frontage. A street frontage other than a primary street frontage.

V.

Shopping Center. Same as commercial complex.

W.

Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Chapter:

a.

Interior signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal;

b.

Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);

c.

Symbols embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal;

d.

Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots);

e.

Manufacturers' marks: Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;

f.

Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter;

g.

Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City;

h.

Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, commercial and noncommercial messages, messages

relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;

i.

Gravestones or grave markers; and

j.

News racks and newsstands.

X.

Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.

Y.

Uniform Sign Program. A detailed set of plans, specification and other information for signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses accompanied by drawings to scale as set forth in Section 17.07.060 C.

Z.

Window Area. The total area of a window upon which signs, images or messages may be mounted. A

group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six inches apart.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

17.07.060 - Administration, permits, and appeals.

A.

Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances.

B.

Permit—Method of Application. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees or bonds as specified by City Council resolution.

C.

Permit Application—Contents. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including:

1.

Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan.

2.

Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building.

3.

Structural and electrical plans, details and calculations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five square feet and the height of the sign exceeds six feet.

4.

A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite.

D.

Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 30 working days. Unless the applicant waives time, failure of the Director to issue a written decision within 30 working days shall constitute denial of the application. Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign.

E.

Appeals. All sign permit applications shall be initially reviewed by the Director. When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agenizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall

be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision.

F.

Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8.

G.

Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial.

H.

Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or conditions of any permit, after written notice of noncompliance and at least 15 days opportunity to cure.

I.

Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation.

J.

Interpretation of Provisions. Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpretations are to be made in light of the Basic Policies section (17.07.030) of this Chapter.

K.

Variances. Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; however, variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite/offsite distinction for commercial messages).

L.

Uniform Sign Program. All applications for approval of signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by plans as set forth in Section 17.07.060 C.

M.

Motorists' Line of Sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Community Development Director.

N.

Program Approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compliance with the requirements of this Chapter. No sign shall be installed which does not conform to the approved Uniform Sign Program.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

17.07.070 - General provisions.

A.

Interpretation.

1.

This chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message.

2.

Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign owner, or otherwise, shall also be interpreted to allow noncommercial messages on the sign.

3.

No part of this chapter may be construed to favor commercial messages over noncommercial messages.

4.

To the extent any provision of this chapter is ambiguous, the terms shall be interpreted not to regulate on the basis of the content of the message.

B.

Signs Exempt from Sign Permits. Subject to the qualifications and conditions stated in this section, the following signs are exempt from the application, permit and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from uniform code permitting on Title 15, including but not limited to building, electrical, plumbing and grading permits.

1.

Permanent window signs not exceeding four square feet and limited to business identification, hours of operation, address and emergency information only.

Commercial temporary signs used to direct persons to open houses and real estate sales as provided in Section 17.07.080.B(1).

3.

Commercial temporary signs for construction or remodeling sites as provided in Section 17.07.080.B(4).

4.

Commercial temporary signs for future tenant identification as provided in Section 17.07.080.B(5).

5.

Directional signs, on-site, not to exceed three square feet in sign area.

6.

Residential building identification signs used to identify individual residences and not exceeding two square feet.

7.

Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice.

8.

Directional, warning, identification, or informational signs or structures required or authorized by law or by federal, State, County or City authority.

9.

Temporary Commercial flags on commercial, industrial, or agricultural properties as provided in Section 17.07.080.B(7).

10.

Signs of public utility companies, indicating danger or which serve as an aid to public safety or which show location of underground facilities or public telephones.

11.

Safety signs on construction sites.

12.

Temporary Signs with noncommercial messages, except for special event signs as provided in Section 17.07.080.A.

13.

On-site temporary window signs for any establishment displaying a commercial message in a commercial zone, and for commercial uses in industrial or industrial/business park zones when approved as part of a Uniform Sign Program as provided in Section 17.07.080.B(2).

14.

Paper signs and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look.

15.

Temporary signs with a commercial message for garage or yard sale signs are allowed without permit as provided in Section 17.07.080.B(3).

16.

Commercial flags and banners in conjunction with approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office as provided in Section 17.07.80.B(6).

17.

Signs on the public right-of way as provided in Section 17.07.090(E).

C.

Prohibited Signs. The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemption from the permit requirement.

1.

Roof signs;

2.

Flashing signs, except time and temperature signs;

3.

Animated signs;

4.

Revolving signs;

5.

Portable signs;

Off-site commercial signs on permanent structures;

7.

Signs blocking doors or fire escapes;

8.

Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots;

9.

Banners, flags, pennants and balloons, except as allowed under subsection B above

10.

Inflatable signs or signs designed to be air activated, floated or flown, including balloons used for commercial advertising purposes, kites or other serial signs that are made of any electrically conducive material;

11.

Signs, posters and advertisements attached to utility poles;

12.

Exposed raceways; and

13.

Billboards, except for relocated billboards. See Section 17.07.030(G).

D.

Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be issued a permit by the Director if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building.

E.

Signs Related to Inoperative Establishments. Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 45 days after the premises has been vacated or the use abandoned. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Chapter.

F.

Enforcement, Penalties and Abatement.

Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected.

2.

Violation of any of the provisions of this section shall constitute a nuisance and a Zoning ordinance violation.

3.

Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.

4.

The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction of the sign and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.

5.

Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows:

a.

If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section.

b.

The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the Planning Department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the legal basis as to why the sign should not be removed and destroyed.

c.

If a request for hearing is filed under subsection b, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The

written decision of the Planning Commission shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this Chapter, the decision of the Planning Commission shall become final ten days after mailing.

d.

The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the City Council shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. The decision of the City Council becomes final ten days after mailing.

e.

Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign within the public right-of-way, the City may remove and destroy the sign.

f.

Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section.

G.

Construction and Maintenance of Signs.

1.

Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal, and city laws and regulations, including but not limited to the permitting requirements contained in Title 15 relating to buildings and construction.

2.

Every sign and all parts, portions and materials shall be maintained and kept in a first-class condition. The display surface of all signs shall be kept clean, neatly painted and free from rust, corrosion and graffiti. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within 30 days following notification by the City. Noncompliance with such a request will constitute a zoning violation and may be enforced as such by the city.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

The following temporary signs are allowed:

A.

Noncommercial Temporary Signs. Noncommercial temporary signs are not considered either on-site and off-site and are subject to the following regulations:

B.

Commercial Temporary Signs. Commercial temporary signs distinguish between on-site and off-site and are subject to the following regulations:

C.

Temporary Signs for Special Events.

1.

A special event sign is a sign associated with a single event or series of events that occur on an infrequent or sporadic basis, and takes place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following:

a)

Commercial sales, including grand openings and pre- and post-holiday sales;

b)

Arts and craft shows, trade shows, antique shows, and other similar events;

c)

Carnivals, fairs, festivals, circuses, and similar activities;

d)

Outdoor shows, concerts, and exhibitions;

e)

Community events; and

f)

Annual events.

2.

Special event signs shall be permitted when they comply with the provisions of this subsection. Applicants for a special event sign shall submit a letter to the director that describes the proposed event by location, area and time duration. The application shall be processed in the same manner, and subject to the same

appellate procedures, as an application for a sign permit. Special event sign permits are subject to the following regulations:

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

17.07.090 - Signs permitted in all zones.

A.

Permitted Signs. Generally, sign permits shall be issued for signs included under this section, provided the signs are in compliance with the regulations stated in this section, and all other applicable laws and ordinances.

B.

Special Event Signs. See Section 17.07.080.C for applicable standards.

C.

Permitted Signs—On-site Subdivision Commercial Signs. Onsite subdivisions may display commercial signs which conform to the following:

1.

One temporary on-site subdivision commercial sign not to exceed 64 square feet total for two sides or 32 square feet for each side and a total overall height of 15 feet may be permitted on each primary street frontage of the property being subdivided, not to exceed two such signs for all phases of any subdivision (interior streets of the subdivision are not recognized as a main street frontage).

2.

Such commercial signs shall be removed within ten days from the date of the final sale of the land and/or residences.

Such commercial signs shall be maintained in good repair at all times.

4.

A cash deposit of $500.00 per sign shall be deposited with the sign application to ensure compliance with this section and removal of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, then the cost of removal shall be deducted from the deposit. Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.

D.

Permitted Signs—Temporary Subdivision Commercial Directional Signs, On-Site. The following signs may be permitted in any zoning district subject to the provisions listed:

1.

A maximum of six signs may be used to lead customers to the site.

2.

Commercial signs shall be no larger than 600 square inches and shall be grouped on a two-sided sign structure. The City may, from time to time, develop or amend the design details for this sign structure.

3.

Such a commercial sign structure shall be located not less than 600 feet from an existing or previously approved sign site. Further, each sign may only contain the name of the subdivision, and a directional arrow.

4.

The placement of each commercial sign structure shall be reviewed and approved by the Planning Director, who shall base the decision on non-communicative aspects of the sign.

5.

Commercial signs placed on private property shall require the written consent of the property owner, to be filed with the Planning Director prior to issuance of a permit.

6.

A sign location plan shall be prepared showing the site of each commercial directional sign, on-site and shall be submitted to the planning department prior to the issuance of a sign permit.

7.

Any such commercial sign approved for a particular subdivision within the City shall not be changed to advertise another subdivision.

There shall be no additions, tag signs, streamers, devices, display boards, or appurtenance added to the sign as originally approved. Further, no other directional signing may be used, such as posters or trailer signs.

9.

All nonconforming subdivision commercial signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit.

10.

A $500.00 cash deposit shall be placed with the City to ensure compliance with this subsection. Any sign placed contrary to the provisions of this section may be removed by the City and the cost of removal shall be deducted from the deposit. Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.

11.

The commercial sign(s) may remain on display only until the subdivision is sold out.

E.

Signs on the Public Right-of-Way. Signs on the public right-of-way are limited to noncommercial messages. Temporary noncommercial signs may be displayed for a period not to exceed 60 days. Any time a temporary noncommercial sign is removed in the public right-of-way, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days.

Signs shall be placed a minimum of three feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic; no signs shall be placed in lawn areas, parks, medians, civic center, CRC, or other government buildings; signs shall not be attached to fences, traffic control posts, utility poles, or bus shelters; no signs shall be placed in grassy areas that are to be mowed or landscaped. Signs shall only be placed in areas identified in the map below.

pedestrian traffic or line of sight for vehicle traffic; no signs shall be placed in lawn areas, parks, medians, civic center, CRC, or other government buildings; signs shall not be attached to fences, traffic control posts, utility poles, or bus shelters; no signs shall be placed in grassy areas that are to be mowed or landscaped. Signs shall only be placed in areas identified in the map below.

==> picture [432 x 520] intentionally omitted <==

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

17.07.100 - Signs in recreation, open space, residential and agricultural zones.

A.

R-C (Recreation-Conservation) Zone. Signs in the R-C Zone shall be limited to commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter and the following signs for commercial recreation uses, subject to approval of a Uniform Sign Program as described in Section 17.07.060.L.

1.

One monument sign for each street frontage, limited to five feet in height and 32 square feet in size.

Building mounted signage not exceeding ten percent for any building wall.

B.

Residential Zones. The following signs shall be permitted in residential zoning districts:

1.

Single-Family Residential Zone (R-SF). Commercial temporary signs and identification signs in accordance with Section 17.07.080.B(1), and noncommercial temporary signs per Section 17.07.080.A.

2.

Multi-Family Residential Zone (R-MF).

a.

Commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter.

b.

A maximum of two signs indicating the name of the multiple-family dwelling, apartment or dwelling group shall be permitted. Such signs may include monument signs not exceeding six feet in height and/or wallmounted signs. The total area of each sign shall not exceed four square feet for less than 12 units, or 12 square feet for 12 or more units. Signs attached to the wall of the building shall not extend above the roof or eave line. Such sign may project 12 inches maximum from the building face. Identification signs may be illuminated, either internally or externally; provided, that all lights are directed away from public rights-ofway and adjacent properties.

c.

An illuminated directory sign shall be provided at each entrance of all multi-family complexes with more than 12 dwelling units. Directory signs shall provide a diagrammatic representation of the complex in accordance with the requirements of the Fire Department.

d.

Noncommercial temporary signs per Section 17.07.080.A of this Chapter.

C.

Rural Residential (R-R) Zone.

1.

Commercial temporary signs and identification signs in accordance with Section 17.07.080.B(1) of this Chapter.

Signs for produce sales, subject to approval of a Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter.

3.

Noncommercial temporary signs per Section 17.07.080.A of this Chapter.

D.

Traditional Neighborhood Residential (R-TN) Zone. The R-SF Zone sign standards shall apply to singlefamily dwellings, and the R-MF Zone sign standards shall apply to multiple-family dwellings.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

17.07.105 - Signs in urban village zone.

A.

Urban Village Zone. The R-MF Zone sign standards shall apply to multiple-family dwellings, and commercial zone sign standards (Section 17.07.120) shall apply to commercial uses.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

17.07.110 - Signs in manufacturing zones, industrial complexes and business parks.

A.

(Manufacturing) M Zone, Industrial Complexes and Business Parks.

1.

Permitted Signs. The following signs are specifically permitted for manufacturing zones, industrial complexes and business parks subject to the approval of a Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter:

a.

Wall Signs. One wall sign is permitted for each wall face of the establishment, up to a maximum of four wall signs. If said signs display commercial images or messages, they shall qualify as "onsite" commercial messages. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or buildings primary frontage. In no event shall the area of any one wall sign exceed 100 square feet. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted.

b.

Monument Signs. One monument sign not to exceed 30 square feet in sign area may be permitted. The monument sign structure shall not exceed six feet in height. Additional monument signs may be permitted on parcels having more than one frontage if the signs are located at least 300 feet apart. Monument signs

shall be placed in a landscaped area or planter of not less than 250 square feet and shall be located a minimum of five feet from any right-of-way, sidewalk or driveway.

c.

Pylon Sign. One pylon sign not to exceed 100 square feet in sign area will be permitted to identify separate business or uses in the industrial complex. The pylon sign structure shall not exceed 20 feet in height. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five feet from any right-of-way, sidewalk or driveway.

d.

Commercial Directional Signs, On-Site. A maximum of two on-site directional signs per drive approach each not to exceed a total of ten square feet in area and four feet in height.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

The standards and provisions contained in this section shall be applicable to the Commercial Neighborhood (C-N) and Community Commercial (C-C) zones.

A.

Permitted signs in the C-N and C-C Zones within a commercial complex shall include:

1.

Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four wall signs for any one establishment. If used to display a commercial message, the sign must qualify as on-site. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. If the sign contains a logo, said logo shall be a maximum of 36 inches in height. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.

2.

Monument Signs: One monument sign not to exceed 30 square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex. The monument sign structure shall not exceed six feet in height. Additional monument signs may be permitted on parcels having more than one frontage and the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet. Monument signs shall be located a minimum of five feet from any right-of-way, sidewalk or driveway.

3.

Pylon Signs: One pylon sign not to exceed 100 square feet in sign area will be permitted to identify a separate business or uses in the commercial complex. The pylon sign structure shall not exceed 20 feet in

height. For each secondary street frontage with at least 300 feet of length, one additional pylon sign may be permitted not to exceed 100 square feet in sign area and shall not exceed 20 feet in height. When such a sign is used to display a commercial message, it must qualify as onsite.

a.

Where pylon signs are placed on both major and secondary street frontages, each such sign shall be placed as near to the middle of the street frontage as practical or at a major driveway entrance to the commercial complex from the street frontage.

b.

Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five feet from any right-of-way, sidewalk or driveway.

c.

A maximum of three signs may be used to identify any one establishment pursuant to the criteria outlined in this section.

4.

Service and Delivery Signs: One unlighted sign per occupancy not to exceed two square feet may be placed on the rear of the building for service and delivery purposes.

5.

Commercial Directional Signs, On-Site: A maximum of two on-site directional signs per drive approach, each not to exceed a total of ten square feet in area and four feet in height.

6.

Window Signs: Window signs conforming to the provisions of Sections 17.07.070.B(1) and (14), and 17.07.080.B(2).

Under Canopy Signs: For each use or occupancy, one maximum four foot under canopy sign per frontage.

B.

Permitted signs in the C-N and C-C Zones for uses not part of a commercial complex shall include:

1.

Wall Signs: One wall sign is permitted for each wall face of the establishment provided there are not more than four wall signs for any one establishment. If such sign is used for a commercial message, it must qualify as on-site. In no case shall the total sign area of any unit or building exceed one square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.

2.

Service and Delivery Signs: One unlighted sign per occupancy not to exceed two square feet may be placed on the rear of the building for service and delivery purposes.

3.

Directional Signs, On-Site: A maximum of two on-site directional signs per drive approach each not to exceed a total of ten square feet in area and four feet in height.

4.

Window Signs: Window signs conforming to the provisions of Sections 17.07.070.B(1) and (14), and 17.07.080.B(2).

5.

Under Canopy Signs: For each use or occupancy, one maximum four foot under canopy sign per frontage.

6.

Exceptions: Certain exceptions to the sign standards applicable to commercial uses not located within a commercial complex may be approved by the Planning Commission including the election of freestanding sign(s) when the following findings can be made by the Planning Commission, without consideration of proposed message content (other than the onsite/offsite distinction in the case of commercial messages):

a.

The site is subject to limited visibility and additional signing is necessary for a reasonable level of advertising exposure;

b.

The type of establishment or the configuration of the site necessitates additional signage.

c.

Exceptions shall be processed through the sign permit and minor variance process provided for in the Zoning Ordinance.

C.

Freeway-Facing Signs. Permitted in the C-N and C-C Zones subject to the following requirements:

1.

The maximum allowable sign face area of any freeway-facing sign for a shopping center or commercial complex which totals more than 250,000 square feet of gross floor area shall be 300 square feet and shall not exceed 60 feet in height. When such display area is used for commercial speech, the copy must qualify as onsite as to the shopping center or commercial complex.

2.

The maximum allowable sign face area of any freeway-facing sign for a shopping center or commercial complex which totals less than 250,000 square feet of gross floor area shall be 150 square feet and shall not exceed 60 feet in height.

3.

Freeway-facing signs, including freeway-facing electronic message center signs, may only be permitted subject to the approval of a sign permit by the Planning Commission, and if said sign is a billboard or relocated billboard, the sign shall be subject to the requirements of Section 17.07.030(G). Freeway-facing signs will be permitted when they satisfy all of these criteria:

a.

The proposed sign is located upon the property upon which the use identified is located;

b.

The proposed sign is located in the vicinity of a freeway interchange and within 300 feet of the freeway right-of-way and 600 feet of the intersecting street right-of-way;

c.

The following findings must be made, without consideration of message content of the proposed sign:

i.

The elevation of the freeway in relation to the elevation of the abutting properties justifies the height requested, and is the minimum necessary.

ii.

The number and spacing of freeway signs will not cause unnecessary confusion, clutter or other unsightliness in the general location.

iii.

The use identified, as well as its type, size and intensity, justifies the size, design and location of the sign requested.

iv.

The needs of the traveling public for identification and directional information justifies the sign requested.

D.

Automobile Service Station Signs. Automobile service station signs shall be permitted subject to the following requirements:

Identification/Price Monument Sign: For each service station, one monument, combination price and identification sign, maximum 30 square feet in size and maximum six feet in overall height shall be permitted, and must include all price advertising as required by State law. Elevated signs may be used subject to approval of the Planning Commission (without consideration of message content) where vision impairments exist, however elevated signs shall be designed with appropriate vision spaces. Such signs shall not exceed 15 feet in overall height.

2.

Identification Pylon Sign: For service stations located contiguous to a freeway, where a freeway exit serves the street from which the service station takes direct access, in addition to the identification/price monument sign allowed by paragraph (1) above, one pylon sign, maximum 100 square feet in size and 40 feet in overall height, situated so as to be directed toward and permanently viewable from the freeway, shall be permitted.

3.

Special Service Signs: Each service station may display two special service signs per pump island. Special service signs shall be limited to such items as self-serve, full serve, air, water, cashier, and shall be nonilluminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four square feet in overall size.

4.

Wall Signs: Wall signs for automobile service stations shall be permitted subject to the provisions set forth in Section 17.07.110.A(1) and (6).

5.

Commercial Directional Signs, On-Site: Maximum of two on-site directional signs per drive approach, each not to exceed a total of ten square feet in area and four feet in height.

6.

Window Signs: Window signs conforming to the provisions of Section 17.07.070.B(1) and (14), and 17.07.080.B(2).

E.

Theater Marquee Signs. Theater marquee signs shall be permitted subject to the following requirements:

1.

The size of a theater marquee sign shall be determined by the number of screens. Each screen shall be permitted a maximum of ten square feet for each sign face area. A theater marquee sign may not total more than 100 square feet of sign face area.

2.

A maximum of one theater marquee sign, not to exceed 25 feet in height, is permitted per street frontage exclusive of freeway; provided, however, that the theater is part of an integrated shopping center.

3.

A maximum of one theater marquee sign, not to exceed 25 feet in height, shall be permitted for theaters not considered to be part of an integrated shopping center.

4.

A maximum of one wall-mounted theater marquee sign shall be permitted at the main entrance to the theater.

F.

Electronic Message Center Signs. Electronic message center signs shall be permitted subject to the following requirements:

1.

One electronic message center sign may be permitted in a commercial complex with a minimum of 25,000 square feet of floor area. No electronic message center sign shall be located closer than 2,500 feet to another electronic message center sign. A conditional use permit shall be required whereby the Planning Commission will determine the size and height of the sign.

2.

Each display shall appear for a period of at least eight seconds. Displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The sign shall remain blank (no message or display) for at least one second between separate images.

3.

The sign may display only noncommercial messages or onsite commercial messages, related to those establishments that are part of the complex or the merchandise or activities available on the parcels which are part of the commercial complex. The sign shall not be used as a billboard.

4.

The sign shall be reviewed for traffic safety purposes by the City's Public Works Director and shall comply with any and all safety standards as prescribed by the State of California. Such reviews shall not consider message content.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

A.

Permitted Signs in the Specific Plan Area (SPA) Zone—Exempt Signs. The SPA Zone permits a variety of residential and supporting commercial and other supporting land uses. Signs which may be erected without permits as provided for in Section 17.07.070 of this Chapter are permitted in the SPA Zone consistent with the respective land use.

B.

Signs Subject to Permits. Provisions and standards for signs shall be established within a specific plan for land uses contained therein. The specific plan shall establish a project-wide sign program and shall make provisions for the development and review of Uniform Sign Programs consistent with Section 17.07.060.L of this Chapter for each non-residential land use component of the specific plan.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

The design standards set forth in this section apply to all signs in the City of Beaumont.

A.

Relationship to Other Signs. Where there is more than one monument sign located upon a lot, all such signs shall have designs which are well related to each other by the similar treatment or incorporated of not less than four of the following six design elements:

1.

Type of construction materials as used in the several sign components (such as cabinet, sign copy, supports);

2.

Letter style of sign copy;

3.

Illumination;

4.

Type or method used for supports, uprights or structure on which sign is supported;

5.

Sign cabinet or other configuration of sign area; and

6.

Shape of entire sign and its several components.

B.

Landscaping. Each monument sign shall be located in a planted landscaped area which is of a shape, design and size (equal to at least the sign area) that will provide a compatible setting and ground definition to the sign. The planted landscaped area shall be maintained on a reasonable and regular basis.

C.

Illumination and Motion. Monument signs shall be non-moving stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (non-flashing).

D.

Sign Color. Sign colors should be compatible with the building architecture. Within shopping centers, sign color should complement the color scheme for the center.

(Ord. No. 1167, § 2(Exh. A), 11-7-2023)

Chapter 17.08 - NONCONFORMING USES

This Chapter establishes uniform provisions for the regulation of legal nonconforming structures, legal land uses and lots. Within the zoning districts established by title, there exist structures, land uses and lots that were lawful prior to the adoption, or amendment of this development code, but which would be prohibited, or regulated or restricted differently under the terms of this development code or future amendments. It is the intent of this development code to discourage the long-term continuance of these nonconformities, but to permit them to exist under limited conditions.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1163, § 2(Exh. A), 9-19-2023)

This Chapter applies to all zone districts and to any parcels or structures in the City Beaumont that are nonconforming.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1163, § 2(Exh. A), 9-19-2023)

Nonconformities may be continued subject to the following provisions, except as otherwise provided by this Section 17.08.

A.

Nonconforming Uses of Land. A legal nonconforming use of land or within a structure may be continued, transferred or sold, provided that the use shall not be:

1.

Enlarged or increased including adding accessory structures and/or improvements; and

2.

Be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use, except when the review authority finds that the modification provides a public safety benefit (e.g., safer traffic flow) and the modification is otherwise consistent with this Chapter; and

3.

No additional uses shall be established on the site unless the nonconforming use is first discontinued, and any replacement use shall comply with all applicable provisions of this development code.

B.

Nonconforming Structures. A legal nonconforming structure may continue to be used as follows:

1.

Additions to Structures that are 25 percent or Less of the Total Floor Area Excluding Garages. An enlargement, extension, reconstruction or structural alteration of a structure that is nonconforming and does not exceed 25 percent of the existing total floor area, excluding garages, may be allowed if the additions or improvements conform to all other applicable provisions of the development code, and the exterior limits of the new construction do not exceed the applicable height limit or encroach any further into the setbacks than the comparable portions of the existing building. If the nonconforming structure is in a residential zone, the applicant shall provide a certified notification letter to any applicable homeowner association and all adjacent property owners 14 days in advance of approval of a zoning clearance. This provision can only be used once per structure. Any additional changes to structure which exceed a total of 25 percent may be allowed subject to approval of a conditional use permit.

2.

Additions to Structures that are Greater Than 25 Percent of Total Floor Area Excluding Garages. The enlargement, extension, reconstruction or structural alteration of a structure that is nonconforming and which exceeds 25 percent of the existing total floor area, excluding garages, may be allowed subject to approval of a conditional use permit if the additions or improvements conform to all other applicable provisions of the development code and the exterior limits of the new construction do not exceed the applicable height limit or encroach any further into the setbacks than the comparable portions of the existing building. The applicant must provide a certified notification letter to any applicable homeowner association, the required application, submittal requirements, and fees prior to scheduling a public hearing.

3.

Maintenance and Repair. A nonconforming structure may undergo normal maintenance and repairs, provided no structural alterations are made (exception: see subsection 4, following), and the work does not exceed 15 percent of the appraised value of the structure as shown in the Riverside County assessor's records in any one year period, unless the commission allows more extensive work through conditional use permit approval after finding that the additional work will not prolong the duration of the nonconforming use; and

4.

Seismic Retrofitting. Reconstruction required to reinforce un-reinforced masonry structures shall be permitted without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards.

C.

Nonconforming Use of a Conforming Structure. The legal nonconforming use of a building that otherwise conforms with all applicable provisions of this chapter may be continued, transferred and sold, as follows:

1.

Expansion of Use. The nonconforming use of a portion of a structure may be extended throughout the building subject to approval of a conditional use permit.

2.

Substitution of Use. The nonconforming use of a structure may be changed to a use of the same or more restricted nature, with conditional use permit approval.

D.

Destroyed Structure. The reconstruction of a structure damaged by fire or calamity, which at the time was devoted to a nonconforming use may be authorized subject to approval of a conditional use permit, provided that reconstruction shall occur within 12 months after the date of the damage, the reconstructed building shall have no greater floor area than the one destroyed and if the improvements conform to all other applicable provisions of the development code and the exterior limits of the new construction do not exceed the applicable height limit or encroach into the setbacks.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1163, § 2(Exh. A), 9-19-2023)

If a legal nonconforming use of land or a legal nonconforming use of a conforming structure is discontinued for a continuous period of six months, it shall be presumed that the use has been abandoned. If a legal nonconforming use of land or a legal nonconforming use of a conforming structure becomes a public nuisance, its use may be abated subject to applicable due process requirements. Without further action by the City, further use of the site or structure shall comply with all the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1163, § 2(Exh. A), 9-19-2023)

A nonconforming lot of record that does not comply with the access, area or width requirements of this development code for the Zone District in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following.

A.

Approved Subdivision. The lot was created through a subdivision approved by the County of Riverside or the City of Beaumont.

B.

Individual Lot Legally Created by Deed. The lot is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the zoning amendment that made the parcel nonconforming.

C.

Variance or Lot Line Adjustment. The lot was approved through the variance procedure or resulted from a lot line adjustment.

D.

Partial Government Acquisition. The lot was created in conformity with the provisions of this development code, but was made nonconforming when a portion of the lot was acquired by a governmental entity so that the lot size is decreased not more than 20 percent and the yard facing any road was decreased not more than 50 percent.

E.

Where structures have been erected on a nonconforming lot, the area where structures are located shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Zoning Ordinance, or in any way that makes the use of the parcel more nonconforming.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1163, § 2(Exh. A), 9-19-2023)

This Chapter establishes provisions for the regulation of animal keeping within the City of Beaumont. It is the intent of this Chapter to accomplish the following:

A.

To ensure that animal keeping within the City of Beaumont does not result in an adverse impact related to a health and safety violation;

B.

To eliminate conditions that contribute to environmental degradation and pollution; and,

C.

To ensure that the keeping of animals does not create a nuisance.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This Chapter is applicable to all Zone Districts in the City of Beaumont.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Domestic and non-dangerous wild animals may be kept or maintained as pets or for the non-commercial use of members of the family residing on the premises subject to the following restrictions and in conformance with Title 6, and all other local, state and federal laws.

A.

Large Animals. Lots or parcels of land within the Rural Residential (R-R) zone district having a minimum area of 20,000 square feet per dwelling unit may keep or maintain the large animals listed in Table 17.09-1 in the numbers specified, not to exceed one animal per 20,000 square feet. Other large animals that, in the opinion of the Community Development Director are neither obnoxious nor detrimental to the public welfare than the animals enumerated in this subsection are permitted with the same numerical limitations. Such animals shall be kept or maintained in full compliance with applicable Riverside County Health Department regulations.

B.

Small Animals. Small animals permitted in all residential zones shall include birds, chickens, peafowl, duck and other fowl, monkeys, rabbits and similar species which do not constitute a public nuisance. Other similar small animals that in the opinion of the Community Development Director are neither more obnoxious nor detrimental to the public welfare than the animals enumerated in this subsection are permitted. Such animals shall be kept or maintained at a place where the keeping of domestic animals is permitted and shall be maintained in full compliance with Riverside County Health Department regulations. The number of small animals is limited to no more than ten per household. No more than four birds, chickens, or other fowl shall be permitted per Section 6.02.160.

C.

Dogs and Cats. Domesticated dogs and cats are limited to a maximum for four dogs and four cats over the age of four months for each developed residential lot consistent with Title 6.

D.

Other. Other animals as provided for by Title 6.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.09.040 - Performance standards for pens, stables, and other animal keeping uses.

Accessory structures and other improvements related to the keeping of animals must conform to the following performance standards and in conformance with Title 6.

A.

Fencing. All persons owning or having care, custody, or control of any animal, fowl, domestic or otherwise, shall maintain adequate fencing to hold the animal, fowl, domestic, or otherwise, from wandering or flying upon the property of another.

B.

Use of Animal Keeping Improvements. The use of animal keeping improvements and accessory structures will not be permitted to create a nuisance for neighboring properties. Such nuisances may include, but not be limited to, noise, light and glare, odors, or fugitive dust.

C.

Housekeeping. Animal keeping facilities and accessory uses must be maintained at all times and kept free of debris, trash, and animal waste, and must comply with other provisions outlined in Sections 17.09.70.

D.

Restrictions. The use of animal keeping improvements and accessory structures shall not be permitted to unduly interfere with the free and unencumbered enjoyment and use of adjoining or nearby residential lots or otherwise be detrimental to the public health, safety or welfare.

E.

Portable Facilities. The construction, placement, and use of portable facilities, including but not limited to fences, structures used for the storage of animal feed, and animal shelters, must be in conformance with all of the provisions outlined in this Section 17.09.060.

F.

Shelter (Dogs). Any person owning or keeping a dog confined outside must provide the dog with access to clean water, food and an appropriate dog shelter. The shelter must be sanitary, of sound construction, and provide adequate protection from the elements (wind, rain & sun). It must have at least 3 sides, a weather-

proof roof, a solid sanitary floor and be adequately ventilated. The shelter must be large enough for the dog to stand, lie down and turn around. Suitable drainage must be provided so that water is not standing in or around the shelter.

G.

Tethering. No person shall tether, fasten, chain, tie or restrain a dog, or cause a dog to be tethered, fastened, chained, tied or restrained, to a doghouse, tree, fence or any other stationary object.

H.

Notwithstanding subdivision (G), a person may do the following:

i.

Tether, fasten, chain or tie a dog no longer than is necessary for the person to complete a temporary task that requires a dog to be restrained for a reasonable period of three hours in a 24-hour period.

ii.

Attach a dog to a running line, pulley or trolley system.

a.

Only one dog may be tethered to each running line, pulley or trolley system.

b.

The tether must be attached to a properly fitting collar or harness worn by the dog with enough room between the collar and the dog's throat through which two adult fingers may fit. Choke collars, pinch collars and chain collars are prohibited for the purpose of tethering a dog to a running line, pulley or trolley system.

c.

There must be a swivel on each end of the tether to minimize tangling of the tether. The tether and the running line, pulley or trolley system must be at least ten feet in length and must allow continuous access to clean water, food and shelter.

d.

The running line, pulley or trolley system and tether must be of appropriate configuration to confine the dog to the owner's or keeper's property to prevent the tether from extending over an object that could result in injury or strangulation and to prevent the tether from becoming tangled with other objects or animals.

iii.

No dog shall be kept on a residential property by running line, pulley or trolley system or fenced yard where the dog's owner or keeper does not reside.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Accessory structures and other improvements related to the keeping of animals must conform to the following development standards.

A.

Horse Stables. Horse stables are permitted only on lots containing a residential unit that has a minimum area of 20,000 square feet. The stable shall be located at least 50 feet from any street and not less than 50 feet from any lot line.

B.

Riding Ring and Dressage Ring. Other equestrian improvements are restricted to those lots that have a total land area of more than one acre. Such uses shall be located at least 150 feet from any street and not less than 50 feet from any lot line unless a standards modification is approved.

C.

Pens and Enclosures for Other Animals. Pens and enclosures for other large animals identified under Section 17.09.030.A are permitted only on lots containing a residential unit that has a minimum area of 20,000 square feet. The pen or enclosure shall be located at least 50 feet from any street and not less than 50 feet from any lot line unless a standards modification is approved.

D.

Pig Pens. Pig(s) shall be confined in a pen or other enclosure. If the pig(s) are kept year-round and all or a portion of the pen or enclosure is uncovered, the uncovered portion of the enclosure shall have an impervious floor. Pens and enclosures for pigs are permitted only on lots containing a residential unit that has a minimum area of 20,000 square feet. The pig pen shall be located at least 50 feet from any street and not less than 50 feet from any lot line unless a standards modification is approved.

E.

Enclosures for Small Animals. Any pen, coop, or enclosure for the keeping of domestic animals identified under Section 17.09.030.B shall be located at least 100 feet from any street and not less than 50 feet from any lot line.

F.

Modifications. Requests for modifications from the setback requirements of this Section shall be submitted to the Community Development Director for consideration.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This section outlines the requirements governing the maintenance and upkeep of animal keeping facilities that includes, but may not be limited to, stables, pens, corrals, equestrian rings, and other structures used for the housing of animals.

A.

Water Runoff. All animal-keeping facilities must be designed in a manner so that water runoff is contained and disposed of in such a manner so that the runoff does not contribute to the pollution of local groundwater or the flooding of adjacent properties.

B.

Open Water Containers or Standing Water. Open watering containers must be designed so that they do not become attractants for mosquito larvae. Standing water is not permitted.

C.

Waste and Debris Containers. Animal keeping facilities and accessory uses must be maintained at all times and kept free of debris, trash, and animal waste. Storage containers for such debris, trash, and animal waste must be kept closed at all times.

D.

Odors. Animal keeping facilities and accessory uses must be designed and maintained to prevent odors from affecting adjacent properties.

E.

Feed Storage. Buildings, containers, or any other improvement used for the storage of feed must be constructed of materials to ensure that such feed is not an attractant to insects, rodents, and other vectors and to control odors.

F.

Pest Control. All animal-keeping facilities must be kept free of vectors through periodic pest control inspections.

G.

Chemicals. The storage, handling, and disposal of any potentially hazardous chemicals or commercial products used in the routine maintenance of animal control facilities or in the care of the animals, must adhere to all pertinent Federal, State, or Riverside County Health Department regulations.

H.

Fugitive Dust and Particulates. All animal keeping facilities and accessory uses must be designed and maintained to prevent fugitive dust and particulates from affecting off-site locations.

I.

Noise. All keeping of animals permitted herein shall be conducted in a manner which does not result in nuisance noise detrimental to residential living. Animals shall be kept and maintained in manner which contains animal sounds and noise consistent with applicable laws and regulations.

J.

Manure. Refuse excrement and manure from animals, poultry, fowl or any livestock shall not be permitted to accumulate on any premises in the City for a period in excess of 14 days and shall be removed from such premises at not less than 14-day intervals unless spread upon and buried in the earth. Pending its removal from the premises, refuse excrement or manure shall be piled in a well-drained area on a base at least four inches above the surrounding levels, to the end that storm or surface waters will flow away from, rather than into the pile.

K.

Dead Animals. Dead animals, fowl or poultry, and offal, pending removal from the premises must be in fly tight containers.

L.

Flies. Upon inspection, should the animals services officer discover flies in unreasonably excessive numbers, he shall require further controls through the use of insecticides, chemicals or other means.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)