Chapter 18.76 — NONCONFORMING USES AND BUILDINGS

The purpose of this chapter is to establish the permitted use, expansion and maintenance of nonconforming uses and buildings located within the city.

(Ord. 151 § l(part), 1994: Ord. 126 § 2, Exh. A(part), 1990)

The lawful use of land existing at the time of the adoption of the ordinance codified in this title, although such use does not conform to the regulations, specified in this title for the district in which such land is located, may be continued; provided, that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance codified in this title, and when any such use ceases the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located.

(Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990)

18.76.030 - Nonconforming use of buildings.

A.

The lawful use of a building existing at the time of the adoption of the ordinance codified in this title may be continued, although such use does not conform to the regulations specified for the district in which the building is located.

B.

The nonconforming use of a portion of a building may be extended throughout the building; provided, that in each case a use permit shall first be obtained.

C.

The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case a use permit shall first be obtained.

D.

If the nonconforming use of a building and/or operations within a building ceases for a continuous period of six months, it shall be considered terminated and the building shall thereafter be used only in accordance with the regulations for the district in which it is located.

(Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990)

18.76.031 - Termination—Discontinuance of use.

A.

Such discontinuance of the active and continuous operation of such nonconforming use, or part or portion thereof, for such periods, is construed and considered to be an abandonment of such nonconforming uses, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations.

B.

If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of six months and all rights to reestablish or continue such nonconforming use shall thereupon terminate.

(Ord. 151 § 1(part), 1994)

Any of the following violations of the municipal code shall immediately terminate the right to operate a nonconforming use except as otherwise provided:

A.

Changing a nonconforming use to a use not permitted in the zone;

B.

Increasing or enlarging the area, space or volume occupied by or devoted to such nonconforming use;

C.

Addition to a nonconforming use of another use not permitted in the zone.

(Ord. 151 § 1(part), 1994)

18.76.033 - Termination—Operation of use.

The following nonconforming uses and structures shall be discontinued and structures removed from their sites within the time periods specified in this section, commencing with January 27, 1994, except when extended or revoked as otherwise provided:

A.

Where the property is unimproved, one year;

B.

Where the property is unimproved except for structures of a type for which the city building code does not require a building permit, three years;

C.

Where the property is unimproved except for structures which contain less than one hundred square feet of gross floor area, three years;

D.

Signs, three years;

E.

A nonconforming use conducted in a structure designed to serve a use permitted in the zone, five years;

F.

In other cases twenty years from January 27, 1994, or amendment thereto establishing nonconforming status, and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by the building code, will be as follows:

1.

Type IV and Type V buildings (light incombustible frame and wood frame) used as:

a.

One-family dwellings, two-family dwellings, three-family dwellings, apartment houses and other buildings used for residential occupancy, twenty-five years,

b.

Stores and factories, twenty-five years,

c.

Any other building not herein enumerated, twenty-five years;

2.

Type III buildings (heavy timber construction and ordinary masonry) used as:

a.

One-family dwellings, two-family dwellings, three-family dwellings, apartment houses, offices and hotels, thirty years,

b.

Structures with stores below and residences, offices or a hotel above, thirty years,

c.

Warehouses, stores and garages, thirty years,

d.

Factories and industrial buildings, thirty years;

3.

Type I and Type II buildings (fire-resistive) used as:

a.

One-family dwellings, two-family dwellings, three-family dwellings, apartment houses, offices and hotels, thirty years,

b.

Theaters, warehouses, stores and garages, thirty years,

c.

Factories and industrial buildings, thirty years.

(Ord. 151 § 1(part), 1994)

18.76.034 - Termination—Abatement as a public nuisance.

Whenever a nonconforming use or structure becomes obsolete, dilapidated, substandard, unsafe, or exists in a state of general disrepair, the planning commission may hold a public hearing to evaluate and make declaration of nuisance.

(Ord. 151 § 1(part), 1994)

18.76.040 - Nonconforming buildings.

A.

No use permit is required for the following:

1.

Ordinary maintenance and repairs may be made to any nonconforming building; provided, that no structural alterations and/or additions are made; provided further, that such maintenance and repairs do not exceed twenty-five percent of the assessed value of the building in any one-year period;

2.

Any repairs necessary to bring a nonconforming building into compliance with city codes regardless of whether such repairs exceed twenty-five percent of the assessed value of the building in any one-year period; provided, that the total floor area in the building shall not be increased.

B.

A conditional use permit is required for the following:

1.

Ordinary maintenance and repairs to any nonconforming building which exceed twenty-five percent of the assessed value of the building in any one-year period;

2.

Any structural alterations and/or additions; provided, that the total floor area of the building shall not be increased by more than twenty percent or one hundred twenty square feet, whichever is greater;

3.

Exception is in the case of damaged buildings/structures due to fire, earthquake, or natural disasters, refer to subsection D of this section.

C.

As a condition to any conditional use permit granted pursuant to subsection B of this section, the portions altered or repaired shall be brought into conformity with applicable city codes including the zoning code.

D.

Repair of Damaged or Partially Damaged Structures Due to Fire, Explosion, Earthquake, or Other Natural Disasters. Any nonconforming structure or conforming structure containing a nonconforming use which is damaged or destroyed by fire, explosion, act of God, collapse or any other casualty or calamity may be reconstructed to the condition in which it existed immediately prior to the occurrence of such damage or destruction; provided, that:

1.

The total cost of the reconstruction of the structure shall not exceed seventy-five percent of the value of the structure prior to the damage or destruction. The value of the structure may be computed by any of the following methods:

a.

The current assessed valuation of the structure as shown on the latest county of San Bernardino equalized assessment role;

b.

An appraisal of the damage or destroyed structure made by a state of California licensed appraiser to determine predamage or destruction value of the structure;

c.

The value to construct the original structure as shown on the building department's official records, based upon the current building construction costs upon which building permit valuations are computed.

2.

In determining the reconstruction cost of any nonconforming structure, there shall not be included therein the cost of the land or any factors other than those concerning the nonconforming structure itself.

a.

All such construction or repairs shall be started within one year from the date of damage or destruction and shall be pursued diligently to completion. Otherwise, the right to rebuild pursuant to this section is terminated, which means within one more year.

b.

In the case of the buildings/structures being reconstructed in a different condition than what originally existed prior to the damages (fire, earthquake or natural disaster), then the project shall be evaluated in accordance to site and architectural review criteria, Chapter 18.63.

(Ord. 157 (part), 1995: Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990)

Nothing contained in this title shall be deemed to require any change in plans, construction or designated use of any building for which a building permit has properly been issued, in accordance with the provisions of ordinances then effective and upon which actual construction has been started prior to the effective date of the ordinance codified in this title; provided, that in all such cases actual construction shall be diligently carried on until completion of the building.

(Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990)

Chapter 18.77 - TRANSITIONAL RESIDENTIAL USES AND STRUCTURES

Sections:

The purpose of this Chapter is to regulate the continued use and operation of existing residential uses and structures located in the Floodplain Overlay District that were legally occupied as residential uses prior to the adoption of the ordinance from which this Chapter derives.

(Ord. No. 251, § 6(Exh. 2), 7-13-2010)

18.77.020 - Transitional residential uses located in the Floodplain Overlay District.

A.

Transitional residential uses and structures located in the Floodplain Overlay District for which applicable permits were properly obtained and occupied by a legal residential use established prior to the adoption of the ordinance from which this Chapter derives may continue to operate and be occupied for residential purposes in accordance with the provisions for the R1-10, Low Density Single Family Residential District contained in Chapter 18.10 RH, R1, R2 and R3 Residential Districts.

B.

Transitional residential structures for which applicable permits were obtained prior to adoption of the ordinance from which this Chapter derives that were occupied by a legal residential use may be altered and/or expanded in accordance with the provisions for the R1-10, Low Density Single Family Residential

District contained in Chapter 18.10 RH, R1, R2 and R3 Residential Districts and applicable regulations of this Code.

C.

Transitional residential structures for which applicable permits were obtained prior to adoption of the ordinance from which this Chapter derives that were occupied by a residential use that are damaged or destroyed may be rebuilt in accordance with the provisions for the R1-10, Low Density Single Family Residential District contained in Chapter 18.10 RH, R1, R2 and R3 Residential Districts. The rebuilding of a damaged or destroyed structure shall comply with the requirements of the Uniform Building Code, or any other health or safety requirements imposed by local, State, or Federal law or regulation in effect at the time of rebuilding.

D.

Any interpretation of the provisions of this Section shall be heard and resolved by the Planning Commission, subject to appeal to the City Council.

(Ord. No. 251, § 6(Exh. 2), 7-13-2010)

Chapter 18.78 - EMERGENCY SHELTERS

In accordance with the authority granted in Section 65583 of the California Government Code, this Chapter provides the standards for the establishment and operation of emergency shelters.

(Ord. No. 264, § 24, 6-12-2012)

Emergency shelters, as defined in Section 18.06.278, shall be permitted in the M2-Industrial zone district, subject to site and architectural review, which shall be limited to design review only. The City shall not require a Conditional Use Permit or other discretionary permit for the construction of an emergency shelter.

(Ord. No. 264, § 24, 6-12-2012)

18.78.030 - Location restrictions.

A.

An emergency shelter shall be located at least 300 feet from any other emergency shelter.

B.

The distance of separation shall be measured in a straight line between the property lines of each use without regard to intervening structures, objects, or City limit lines.

(Ord. No. 264, § 24, 6-12-2012)

18.78.040 - Development standards.

A.

Each emergency shelter may have a maximum of 25 beds, with at least 35 square feet of sleeping area per bed.

B.

Each emergency shelter shall provide a client waiting and intake area of at least ten square feet per bed but at least 200 square feet in total floor area. The intake waiting area shall be in a location not visible from the adjacent right-of-way. If located at the exterior of a building, the area shall be visually separated from public view by a six-foot high decorative masonry wall and shall be covered for shade and rain considerations.

C.

Living, dining, and kitchen areas shall be physically separated from sleeping areas.

D.

Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities).

E.

The shelter shall provide landline telephone services separate from the office phone in order to provide privacy. Any payphones provided shall allow call-out service only.

F.

One parking space for each 500 square feet of gross floor area shall be provided, unless it is demonstrated that a different parking ratio is appropriate based upon the submittal and approval of a parking study prepared by a qualified traffic engineer to justify the provision of a lesser number of spaces than that required by this Section, based on shared use of spaces, the nature of the use, or other factors.

1.

The design of off street parking facilities shall comply with Chapter 18.60 (Off-Street Parking).

2.

Non operational and unregistered vehicles shall not be kept on site and towing shall be the responsibility of the shelter operator.

G.

Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.

H.

The facility and/or the premises shall be accessed by one entrance.

I.

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, shielded, and directed away from adjacent properties and public rights-of-way, and of an intensity that is compatible with the neighborhood.

J.

Trash enclosures and refuse areas shall be provided.

(Ord. No. 264, § 24, 6-12-2012)

A.

The maximum length of stay shall be 180 days within 365 consecutive days.

B.

The provider shall prepare and file a management plan with the City that includes clear operational rules and standards, including, but not limited to, standards governing expulsions and lights out, security, screening of residents to ensure compatibility with services provided at the shelter.

1.

Staff and services shall be provided to assist residents to obtain permanent shelter and income. Supplemental services (e.g., food, counseling, access to other social programs, etc.) may be offered on the inside of the premises.

C.

At least one facility supervisor/manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.

D.

The operator shall provide information about how to contact the operator with questions or concerns regarding shelter operations. The contact information shall be posted on site where it is readily viewable by an employee, shelter inhabitant, or representative of a governmental agency.

E.

Security personnel shall be provided during the hours that the shelter is in operation.

F.

The shelter operator shall frequently patrol the surrounding area within 500 feet to ensure that homeless shelter residents are not congregating in the neighborhood.

G.

The shelter operator shall regularly patrol the area surrounding the shelter site during hours that the shelter is in operation to ensure that homeless persons who have been denied access are not congregating in the neighborhood.

H.

The owner/operator shall maintain the exterior of the premises, including:

1.

Maintaining signs and accessory structures, free of litter and graffiti at all times;

2.

Daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises; and

3.

Removal of graffiti within 24 hours of notice from the City.

(Ord. No. 264, § 24, 6-12-2012)

Each emergency shelter operator shall comply with all applicable Federal, State and local codes, including but not limited to, the building code, fire code, and State Department of Social Services licensing requirements.

(Ord. No. 264, § 24, 6-12-2012)

18.78.070 - Denial of an emergency shelter.

A.

The City may not disapprove an emergency shelter, or condition the approval of an emergency shelter in a manner that makes its development infeasible, unless it makes written findings, based upon substantial evidence in the record, as to one of the following:

1.

The City has met or exceeded the need for emergency shelters as identified in the housing element.

2.

The emergency shelter would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development of the emergency shelter financially infeasible. As used in this Subsection, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective,

identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

3.

The denial of the project or imposition of conditions is required in order to comply with specific State or Federal law, and there is no feasible method to comply without rendering the development of the emergency shelter financially infeasible.

(Ord. No. 264, § 24, 6-12-2012)

Chapter 18.79 - UNLISTED USES

Sections:

In order to ensure that the zoning regulations will permit all similar uses in each district, the Planning Commission, upon its own initiative or upon written request, shall determine whether a use not specifically listed as a permitted use or a conditional use in any district shall be deemed a permitted use or a conditionally permitted use in any one or more districts on the basis of similarity to uses specifically listed. The procedures of this Section shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditionally permitted uses.

(Ord. 126 § 2, Exh. A(part), 1990)

Application for determination of similar uses shall be made in writing to the Planning Department in the form provided by the Planning Department and shall include a detailed description of the proposed use and such other information as may be required by the Planning Director to facilitate the determination.

(Ord. 126 § 2, Exh. A(part), 1990)

The decision of the Planning Commission shall be final unless appealed to the City Council.

(Ord. 126 § 2, Exh. A(part), 1990)

Chapter 18.80 - SIGNS[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 296, § 1, adopted July 12, 2016, repealed and reenacted Chapter 18.80 in its entirety to read as herein set out. Formerly, Chapter 18.80, §§ 18.80.010—18.80.170 pertained to similar

subject matter, and derived from Ord. No. 126, § 2(Exh. A), adopted in 1990; Ord. No. 148, § 1, adopted in 1994; Ord. No. 149, § 1, adopted in 1994, and Ord. No. 256, § 5, adopted July 26, 2011.

The City Council finds all of the following:

A.

The City, pursuant to its police power, has the authority to take appropriate action to address concerns regarding traffic safety and aesthetics, as they relate to signs (Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981));

B.

Signs constitute speech protected by the First Amendment of the United States Constitution and by Art. 1, Sec. 2, of the Constitution of the State and that its regulation of signs must be consistent with these protections;

C.

An uncontrolled proliferation of signs within the City is harmful to the public's health, safety and welfare, in that such signs are aesthetically displeasing and constitute a traffic hazard, as drivers will be distracted by attempting to read an excessive number of signs that are placed in a haphazard manner;

D.

The City has a substantial interest in regulating signs and the regulations within this Chapter further the City's substantial interests in traffic safety and aesthetics, consistent with National Advertising Co. v. City of Orange, 861 F.2d 246, 248 (9th Cir. 1988); and Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998).);

E.

Businesses have an interest in having signage that effectively advertises its goods or services, and is visible to potential customers;

F.

City residents and residents and visitors have an interest in identifying businesses, and the goods and services they provide;

G.

City residents and visitors have a substantial interest in visiting, living and working in an aesthetically pleasing City;

H.

City residents and visitors have a substantial interest in traffic safety within the City;

I.

The City has properly balanced its interests in aesthetics and traffic safety with the interests of businesses and consumers by limiting off-site commercial signs, and by limiting the time, place, and manner of placement of commercial signs on commercial lots;

J.

Commercial speech can be regulated more stringently than noncommercial speech; however, the City Council recognizes the need of businesses in the City to reasonably advertise their goods and services visibly and effectively;

K.

The City Council intends this Chapter to ensure its regulations are content-neutral and are the least restrictive means to achieve the goals set for the herein (see e.g., Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015);

L.

These regulations allow on-site commercial signage while limiting off-site advertising signs, the City Council having found that onsite commercial speech is more valuable than offsite commercial speech, as permitted in Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604, 611 (9th Cir. 1993) and Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981);

M.

Because signs are speech protected by the United States and the California Constitutions, detailed procedures are necessary to ensure that permits are expeditiously issued or denied based on objective criteria and consistent with due process of law;

N.

A message substitution provision has been added to the City's sign regulations, allowing any sign regulated by the new provisions of this Chapter to display a noncommercial message, so that the City's regulations satisfy the constitutional mandate that it not restrict noncommercial signage to a greater degree than commercial signage (see Clear Channel Outdoor, Inc. v. City of Los Angeles, 340 F.3d 810 (9th Cir. 2003); Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604 (9th Cir. 1993);

O.

Proliferation of temporary signs in the public right-of-way can be detrimental to the aesthetic quality of the streets and sidewalks, can interfere with traffic safety, pedestrian access to public sidewalks and streets, and can obstruct the entrance to businesses and residences;

P.

Temporary commercial signs are signs that relate to businesses for which on-premises signage do not provide adequate advertising of the goods or services sold because for many businesses is such that

effective advertising by way of permanent on-premises signage is impractical: the business is of a transitory and temporary nature, the business' primary and most effective way to notify people of the available goods or services is by directing passers-by to the location of the goods or services, and the business does not have a fixed place of business or the goods or services themselves cannot practically be viewed and/or sold out of one business location or any business location;

Q.

Human advertisements (as defined in this Chapter) within public rights-of-way, constitute a traffic hazard by their conduct, which distracts the attention of drivers away from the road and to a business or service; and

R.

Prohibiting commercial conduct that is intended to, or that does in fact, attract the attention of drivers, furthers the City's substantial interest in traffic safety (see, e.g., Sanctity of Life Network v. California Highway Patrol, 105 Cal. App. 4th 858, 862 (2003) (holding that protected First Amendment speech can be restricted if it interferes with traffic)).

(Ord. No. 296, § 1, 7-12-2016)

A.

These regulations are intended to protect the public health, safety, and welfare and provide for the integrity and preservation of community aesthetics through modern implementation of a uniform set of rules and regulations. The City recognizes and, strongly supports, the needs of merchants and property owners to identify their businesses through signage and other means of advertisement. The City, further, recognizes that size, placement, number, and design of signs significantly influences the general perception of both the community's visual environment and its economic health, and that signs should not become visual distractions along public roadways. In addition, these regulations are intended to accomplish the following:

1.

Promote an economically stable and visually attractive community consistent with the City's goals and strategies.

2.

Promote signs and graphics that are attractive, pleasing, and harmonized with the physical character of the environment and surrounding properties, while serving the identification needs of the business community.

3.

Eliminate visual clutter while providing reasonable opportunities for adequate identification of businesses and the goods and services they offer.

4.

Prevent an inadvertent favoring of commercial speech over noncommercial speech.

5.

Direct the proper design and location of signs to reduce, or eliminate, potential hazards and promote the safe movement of vehicles and pedestrians throughout the City.

6.

Direct persons to various activities and enterprises in order to provide for maximum public convenience.

(Ord. No. 296, § 1, 7-12-2016)

The following policies regarding signage in the City are established:

A.

Regulatory Interpretations. The requirements of this Chapter shall not be interpreted to nullify any easements, covenants, or other private agreements that provide for more restrictive sign regulations than are required by this Chapter.

B.

Message Neutrality. It is the City's policy and intent to regulate signs in a viewpoint-neutral and/or contentneutral manner. The message of the sign shall not be reviewed except to the minimum extent necessary to identify the type of sign.

C.

Message Substitution. A noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized pursuant to this Chapter. The purpose of this requirement is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message.

D.

In no instance may commercial or non commercial messages contain "obscene matter" as defined in California Penal Code Section 311.

E.

General Prohibition. Any permanent or temporary sign not expressly permitted by this Chapter is prohibited.

F.

Off-site signs are prohibited, unless specifically authorized by this Chapter.

(Ord. No. 296, § 1, 7-12-2016)

18.80.040 - Definitions.

A.

The following words and phrases have the meanings set forth herein, unless it is apparent from the context that another meaning is intended:

1.

"Abandoned sign" means any display or sign remaining in place or not maintained for a period of 90 calendar days which no longer identifies an ongoing business, product, or service available on the premises where the display or sign is located or where the building, business, or establishment to which the display or sign is related has ceased operation. For purposes of this definition, abandonment for the applicable period shall be deemed conclusive evidence of abandonment regardless of the property, business, or sign owner's intent.

2.

"A-frame sign." See "Portable freestanding sign."

3.

"Alteration" means any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign.

4.

"Animated sign" means a sign which moves or appears to move in whole or 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. Animated signs do not include electronic message signs.

5.

"Awning" means a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

6.

"Awning sign" means a sign displayed, written, silkscreened, or attached on an awning.

7.

"Balloon, inflatable sign," or "inflatable attention-getting device" means any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purposes of signage, advertising or attention-getting.

8.

"Banner" means any sign of durable cloth, plastic, or similar non-rigid material that is attached to a building.

9.

"Banner, feather" means any sign of durable cloth, plastic, or similar non-rigid material that is attached to a pole, commonly referred to as a feather banner. See "Flag banner."

==> picture [126 x 73] intentionally omitted <==

10.

"Billboard" means an outdoor advertising structure that advertises products, services or activities not conducted or performed on the same site upon which the outdoor advertising sign structure is located, and that is subject to the provisions of Section 5490 et seq. of the Business and Professions Code.

11.

"Building face" means that portion of any exterior elevation of a building extending vertically from grade to top of a parapet wall or eaves, and horizontally across the entire width of the building elevation, excluding corners, bay windows, balconies, or other architectural features which extend beyond the general outermost surface of the exterior wall.

12.

"Cabinet sign: means a sign constructed of a solid cabinet consisting of one or more translucent panels containing sign copy, which are interchangeable and which are affixed to an internally illuminated box or cabinet mounted on a building or monument, and not sculpted to the shape of its contents. Commonly referred to as a "can sign".

==> picture [169 x 48] intentionally omitted <==

13.

"Canopy" means a structural or ornamental roof-like appendage attached to and projecting from a building.

14.

"Canopy sign means a sign attached beneath or placed upon the structural projection or canopy of a building.

"Changeable copy sign" means the changing of a commercial or non-commercial message on a lawfully erected sign. A change of copy does not include the following (all of which acts shall be considered as the placing of a new sign): any alteration or reconfiguration of the outside dimensions of a sign, any structural modifications of a sign and/or relocation of all or any portion of a sign.

16.

"Channel letters" means individual letters that are independently mounted to a wall or other surface and internally illuminated with a covered face. The "air space" between the letters is not part of the sign structure but rather of the building facade. A logo may also be considered a channel letter or sculpted can sign provided it is clearly distinguishable from other sign elements.

==> picture [345 x 37] intentionally omitted <==

City means the City of Grand Terrace.

18.

"City Engineer;]i; means the City Engineer of the City of Grand Terrace, or designee.

"City Manager" means the City Manager of the City of Grand Terrace, or designee.

"Clear sight triangles."

a.

View Obstructions. Adequate visibility for vehicular and pedestrian traffic shall be provided at clear sight triangles at all 90 degree angle intersections of public rights-of-way and private driveways.

i.

Prohibited. The following shall be prohibited within a clear sight triangle:

(A)

Monument signs.

(B)

Hedges or shrubbery.

ii.

Maximum Height Requirements. The following shall not be erected, placed, planted, or allowed to grow over 30 inches in height above the nearest street curb elevation within a clear sight triangle:

(A)

Signs.

(B)

Mounds of earth.

(C)

Other visual obstructions.

iii.

Exceptions. The requirements for clear sight triangles shall not apply to:

(A)

Freestanding signs when the lower edge of the sign face is at least eight feet above grade and when there are no more than two posts or columns, each with a maximum width or diameter of 12 inches, supporting the sign.

b.

Dimensions and Location. Clear sight triangles are right triangles that shall be measured as follows:

i.

The 90-degree angle is formed by the intersection of either:

(A)

The intersection of the edges of two roadways as measured at the edge of their ultimate planned right-ofway; or

(B)

The intersection of the edge of a private driveway or alley and the edge of the ultimate planned right-of-way of an intersecting roadway.

ii.

The two 45-degree angles of a clear sight triangle shall each be located as follows:

(A)

Public street intersections—30 feet from intersection.

(B)

Public street and private driveway or alleyway—Ten feet from the intersection.

==> picture [203 x 156] intentionally omitted <==

21.

"Commercial message" means any sign, wording, logo, or other representation that names or advertises a business, product, service, or other commercial activity.

22.

"Convenience sign means a sign not larger than two square feet which conveys information, such as "restrooms," "no parking," "entrance" and the like, but does not contain land, trade, advertising or business identification, and is designed to be viewed on site by pedestrians and/or motorists.

23.

"Copy" means any written words, letters, symbols, emblems, designs, figures, and logos used to attract attention to, or identify, a land use.

24.

"Decorative banner" or "flag" means a festive graphic display that is made of durable cloth, plastic or similar non-rigid material, and that either displays no message or displays only a predominantly pictorial message that does not directly identify or advertise a business on the premises.

25.

"Directional sign means any sign intended to be permanently affixed and utilized only for the purpose of indicating the direction of any object, place, or area.

26.

"Director" means the Director of Planning and Development Services of the City of Grand Terrace, including designee.

27.

"Directory sign" means a pedestrian-oriented sign, or set of similarly designed individual signs, placed or displayed in sequence, located at a multi-tenant building or within a shopping center, to list all or part of the

businesses within a building or shopping center. The copy of a directional sign is not readable from the public roadway or parking lot.

28.

"Drive-through menu board" means a single-sided sign located in the drive-through area of a fast-food restaurant, typically containing an attached or detached speaker and/or verification screen for communicating orders.

29.

"Electronic message sign" means a sign with the capability of presenting variable message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically.

30.

"Exempt sign" means a sign which is not subject to a sign permit.

31.

"Flag sign" means any sign or device in the nature of a banner, flags or other object, designed and installed in such a manner as to move upon being subject to pressure by wind or breeze. Flag signs must be made of fabric or other similar non-rigid material supported or anchored along only one edge. Also referred to as a feather banner, swooper, or teardrop banner.

32.

"Flashing sign" means any sign which contains, or is illuminated by, lights which change in intensity or colors, or which create the illusion of flashing in any manner. Flashing signs do not include electronic message signs.

33.

"Freestanding sign" means a permanent sign that is self-supporting in a fixed location detached from any building or wall. Freestanding signs include, but are not limited to, monument signs, pole signs, and pylon signs.

34.

"Freeway sign" means a freestanding sign between 50 feet and 100 feet in height located within 250 feet of the right-of-way of Interstate 215.

35.

"Frontage, building" means the exterior building wall of a structure on the side or sides of the structure fronting and oriented toward a public street or highway, excluding eaves or roof overhangs. Building frontage shall be measured continuously along the structure's wall for the entire length of the business establishment.

36.

"Frontage, street or highway" means any portion of a lot or parcel of land which abuts a public street or highway. Street or highway frontage shall be measured along the common lot line separating a lot or parcel of land from the public street or highway.

37.

"Gasoline price sign" means a sign located at fuel stations which, typically, identify the brand or type and price of gasoline sold.

38.

"Glare" means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

39.

"Height" means the greatest vertical distance measured from the finished grade to the top of a sign, a sign structure, or advertising display and any accompanying architectural feature of the sign. However, if the sign is constructed upon any artificial berm, the height of the sign, as measured from the toe of the slope or berm, shall not exceed 125 percent of the maximum height allowed by this Title.

40.

"Holiday and seasonal decoration means lighting and other materials, including festive flags, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, State, local or religious holiday.

41.

"Human advertisement means any person who is located anywhere within the City, and that advertises a business or service, by way of his or her actions, including but not limited to, by holding a temporary sign, wearing a costume, or wearing body paint.

42.

"Illegal sign" means any sign placed without all required government approvals and permits at the time it was placed, or an existing sign that was not constructed in accordance with the ordinances and other applicable laws in effect on the date of construction.

43.

"Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign; includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes. An illuminated sign excludes electronic message signs, which are separately defined.

"Inflatable balloon sign" means a sign consisting of balloons and inflatables made of metallic and/or cloth material, regardless of the size that is used, for the purpose of attracting attention.

45.

"Logo" means a visual symbol, representation, or character identifying the business or service provided.

46.

"Linear frontage" means the horizontal distance measured along the building frontage facing the street. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage (e.g. an entrance facing a courtyard). For multi-tenant buildings, ground floor tenants may have their primary frontage determined independently from the rest of the building based on the aforementioned rules.

47.

"Maintenance" means replacement of copy, change of color, maintenance, or repair made to a sign.

48.

"Menu/order board sign" means a sign installed in a drive-through facility and oriented so as to be visible primarily by drive-through customers.

49.

"Modification" means any alteration, repair or refurbishing of any sign that alters its physical dimensions, or any integral component of the sign including, but not limited to, alterations to exterior cabinets, bases, poles or sign copy.

50.

"Monument sign." See "Freestanding sign."

51.

"Noncommercial sign" means a sign that displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern.

52.

"Nonconforming sign" means a sign lawfully erected that does not comply with the provisions of this Chapter.

53.

"Off-site sign" means a sign that directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered at a location other than where the sign is located.

"On-site sign" means a sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered upon the lot or parcel on which the sign is placed. In the case of multiple-tenant commercial or industrial development, a sign is considered on-site whenever it is located anywhere within the development. In the case of a duly approved sign program, a sign anywhere within the area controlled by the program may be considered on-site when placed at any location within the area controlled by the program. Any sign displaying a noncommercial message constitutes an on-site sign.

55.

"Painted sign" means a sign that comprises only paint applied on a building or structure.

56.

"Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention.

57.

"Permanent sign" means all signs referred to in Chapter 18.80, except for temporary signs.

58.

"Portable sign" means any sign not permanently attached to the ground or to a building, which is intended to be movable or capable of being moved from place to place, whether or not wheels or other special supports are provided. This definition includes an A-frame sign.

59.

"Projecting sign" means a sign that projects more than 12 inches from the exterior face of a building wall or facade and which uses the building wall as its primary source of support.

60.

"Pylon sign" means a freestanding sign designed with its vertical dimension greater than its horizontal dimension and supported by a single pedestal base or architecturally integrated support posts.

61.

"Readerboard" means a sign containing, in whole or in part, electrical devices allowing for changing copy, text, or content. Electric time and temperature signs are not considered readerboards.

62.

"Real estate sign" means a temporary sign advertising the sale or lease of real property. The sign may include the identification and contact information of the person and/or company handling such sale, lease, or rent.

"Roof sign" means a sign erected, constructed, painted, or placed upon or over a roof or parapet wall of a building and which is wholly or partly supported by the building or roof structure.

64.

"Sign" means any writing (including letter, word, or numeral), pictorial presentation (including illustration or decoration), emblem (including device, symbol or trademark), flag (including banner or pennant) or any other device, figure, or similar character which:

a.

Is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building, other structure or device;

b.

Is used to announce, direct attention to, or advertise; and

c.

Is visible from the outside of a building.

65.

"Sign area" means the entire area within a single continuous perimeter which enclose the extreme limits of writing, representation, emblem, or any figure of similar character, background area, trim, or other material, light or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, trim, frame, or uprights on which any such sign is supported shall not be included in determining the sign area.

==> picture [166 x 72] intentionally omitted <==

66.

"Sign face" means that area or portion of a sign on which copy is intended to be placed.

67.

"Sign program" means a detailed graphic and narrative plan that establishes the specific sign regulations and common aesthetic design characteristics that apply to all signs for a particular ownership parcel, or for a particular area that may include two or more separate but contiguous ownership parcels, and which may include a development project, shopping center, or business complex.

"Temporary sign" means a structure or device used for the public display of visual messages or images, which is easily installed with or without common hand tools and which is not intended or suitable for longterm or permanent display due to lightweight or flimsy construction materials. Examples include banners, flags, or similar ground mounted nonpermanent signs made of paper, cloth, canvas, lightweight fabric, or other non-rigid material, with or without frames.

69.

"Wall sign" means a sign attached to or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of such wall.

70.

"Window sign" means any permanent or temporary sign, picture, letter, character, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed upon and/or inside and/or within three feet of a window for the purpose of being visible from the exterior of the window.

(Ord. No. 296, § 1, 7-12-2016)

18.80.050 - Signs on public property.

A.

General Prohibition. Except as provided for in this Section, no signs may be displayed on City property by private parties. Any sign posted on City property in violation of this Section may be summarily removed by the City.

B.

The following signs are exempt from the provisions of this sign code:

1.

Traffic control and traffic directional signs erected by the City or another governmental unit.

2.

Official notices required or authorized by law.

3.

Signs placed by any governmental agency, utility or special district, in furtherance of these entities' official functions.

C.

Human Advertisements. All human advertisement is prohibited on public property in the City.

D.

Exception: Temporary Off-Site Commercial Signs.

1.

The following temporary signs may be placed in the public right-of-way, subject to a sign permit: Signs for any business that provides goods or services that meet one or more of the following criteria: (1) the business is of a transitory or temporary nature; (2) the business does not have a fixed place of business or the goods or services themselves cannot practically be viewed and/or sold out of one business location or any business location.

2.

Before a business may place its signs in the public right-of-way pursuant to this Section, the director must make a finding, in accordance with the procedures in Subsection 18.8.050.E, that a particular type of business satisfies the criteria in Subsection 18.80.050.D.

3.

Without a prior finding by the Director, temporary signs for the following goods and services are deemed to satisfy the criteria for the exception in Subsection D.1, above:

a.

Real estate directional signs, directing to properties that are for sale or for rent within the City limits.

b.

Yard sale directional signs, including garage sales and estate sales, directing where such sales are to occur.

4.

Temporary signs in the public right-of-way are subject to all of the following limitations:

a.

Signs shall be temporary signs, and will not be permanently affixed to or in the public right-of-way, but may be anchored or weighed down to or in the public right-of-way to prevent them from falling or being blown into the street or sidewalk.

b.

Temporary signs displayed under this Section shall only be placed in landscaped parkways, and shall not be placed on the sidewalk or in the center street median.

c.

No signs shall be placed on utility poles, light or traffic light poles, traffic signs or traffic sign poles, street trees or fences.

d.

No more than 25 signs per licensed entity may be temporarily placed in the public right-of-way at any one time.

e.

The sign area shall be no larger four square feet.

f.

All signs shall not exceed three feet in height, measured from the highest street grade in contact with the sign to the top of the sign.

g.

No signs shall be placed so as to obstruct pedestrians' and motorists' view of signs erected by a local, State, or Federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs.

h.

No signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles.

i.

No signs shall be placed so as to obstruct ingress and egress to any public or private property.

j.

Temporary signs displayed under this Section shall only be placed on the public right-of-way Thursday through Sunday during the hours of 8:00 a.m. to 5:00 p.m.

k.

Temporary signs in the public right-of-way shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts or be caused to be moved, and shall not generate any source sounds (including radio waves), and shall not release steam or smoke.

l.

Any other reasonable restrictions, or modifications to the above restrictions, which the Director finds are necessary to further the purposes of this Code, consistent with the type of sign or business.

E.

Exception and Appeal.

1.

The Director must make the determination of whether a business falls within the exception in Subsection 18.80.050.D within five business days of receipt of a written request by the sign's owner for such determination. The Director shall notify the applicant of his or her decision forthwith by U.S. Mail.

2.

In the event that the Director denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the Director's decision in writing to the City Manager, who shall review all relevant evidence relating to the appeal. The City Manager shall make a determination within five business days of receipt of the appeal. The City Manager shall notify the applicant of the determination forthwith by U.S. Mail.

3.

In the event that the City Manager denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the City Manager's decision in accordance with Section 18.80.090, Appeals.

(Ord. No. 296, § 1, 7-12-2016)

18.80.060 - Permit required.

The following permits shall be required for signs:

A.

Sign Permit.

1.

Applicability. A sign permit shall be required for all permanent signs (building attached or freestanding) prior to erection, relocation, alteration, or replacement of a sign, unless otherwise exempted by this Chapter. A sign permit shall not be required for general maintenance of existing signs or the replacement of the sign face (including message) when the area of the sign is not being changed and a building permit is not required (e.g., the replacement of a sign face on a can sign).

2.

Approval Authority. The designated approving authority for sign permits shall be the City Manager, or his or her designee.

3.

Approval Findings. A sign permit shall be granted when the City Manager, or his or her designee finds the proposal to be in conformance with all applicable provisions of this Chapter.

4.

Additional Permits. In addition to a sign permit, a building permit may also be required.

B.

Temporary Sign Permit.

Applicability. A temporary sign permit shall be required for all temporary signs (building-attached or freestanding), prior to erection or placement, unless otherwise exempted by this Chapter.

2.

Approval Authority. The designated approving authority for temporary sign permits shall be the Director.

3.

Approval Findings. A temporary sign permit shall be granted when the Director finds the proposal to be in conformance with all applicable provisions of this Title.

C.

Sign Program.

1.

Purpose and Intent. A sign program provides a process for the City's review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a sign program is to allow for the integration of a project's signs with the design of the structures so as to achieve architectural consistency.

2.

Applicability. A sign program shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities.

3.

Approval Authority. The designated approving authority for sign programs shall be the Planning Commission acting as the Site and Architectural Review Committee.

4.

Approval Findings. A sign program, or revisions thereto, may be approved only when the Site and Architectural Review Committee makes all of the following findings:

a.

That the proposed sign program is consistent with the development standards for signs as provided in this Chapter; and

b.

The design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development.

5.

Conditions of Approval. The designated approving authority may impose conditions in order to ensure compliance with this Title and to prevent adverse or detrimental impacts to the surrounding neighborhood.

(Ord. No. 296, § 1, 7-12-2016)

A.

Method of Application. An application for a sign permit, temporary sign permit, sign program shall be made on the form(s) prescribed by the Planning Department. The application shall be accompanied by any fees as specified by City Council resolution.

B.

Levels of Review. All sign permit applications shall be reviewed by the City Manager or Director as designated by this Chapter. Appeals of the City Manager or Director's decision on a sign permit application shall be submitted to the Planning Commission. Appeals of the Planning Commission's decision on a sign permit application shall be submitted to the City Council. The City Council's decision regarding such appeals shall be final.

C.

Timely Decision. The City Manager's or Director's shall issue a decision in writing within 30 days of receipt of a complete application. The timely decision requirement may be waived by the applicant. If a decision is not rendered within the required time, the application shall be deemed granted.

D.

Processing of Applications.

1.

Completeness. If the City Manager or Director determines that the application is incomplete, the City Manager or Director shall notify the applicant in writing within five days for sign permits, and within 15 days for sign programs, of receipt of the application, and the reasons therefore, including any additional information necessary to render the application complete.

2.

Denial of Permit. A permit application will be denied if any of the following occurs:

a.

The applicant has installed a sign in violation of the provisions of this Chapter anywhere on the subject property and, at the time of submission of the application, the illegal sign has not been legalized, removed, or included in the application so as to be brought into compliance; or

b.

The applicant has not obtained any applicable required zoning clearance for the property where the proposed sign would be located.

E.

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 City Manager's or director's written notice of determination shall specify the grounds for such denial.

F.

Right to Permit. When any sign application complies fully with all applicable provisions of this Chapter, and with all other applicable laws, rules, and regulations, the permit shall be approved and issued within the required time.

G.

Permit Denial. When a permit application is denied, the denial shall be in writing and delivered to the address shown on the applicant's form, and shall state the grounds for denial.

H.

Appeal. The appeal right arises whenever a written decision is delivered to the applicant. In this context, "delivered" means either when it is personally delivered or five days after it is placed in the US mail, whichever occurs first.

I.

Time for Appeal. Any affected party may appeal in writing any sign permit decision, so long as the notice of appeal is delivered to the City within ten calendar days of the date the Director's or Planning Commission's decision is delivered.

J.

Status Quo. Pending an appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes a significant and immediate threat to public safety.

K.

Appeal Hearing Procedure. Appeal hearings required by this Section shall be conducted in accordance with the procedures set forth in Section 18.80.090 below.

L.

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

M.

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

N.

Additional permits. A sign permit shall not be valid unless all applicable building and electrical permits related to the sign are lawfully issued and finaled by inspection by the appropriate department.

(Ord. No. 296, § 1, 7-12-2016)

A.

Sign Permit. The application for a sign permit shall be made on the form provided by the director and shall be accompanied by a processing fee established by resolution of the City Council. The application shall contain all of the following information and materials, except that some requirements may be waived by the City Manager or Director when not applicable to the type of sign being proposed.

1.

Site Plan. Three sets of a scaled and dimensioned site plan showing:

a.

North arrow, scale, date drawn, applicant, contact person and phone number(s);

b.

Property lines and fronting streets, with street names labeled;

c.

Location and dimensions of the building(s) upon which wall sign(s) are proposed;

d.

Relationship of the proposed sign to existing or proposed adjacent buildings, structure, signs, property lines, streets, and driveways on or adjacent to the parcel where the sign is to be located (may not be needed for wall-mounted signs).

e.

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

2.

Building Elevations. Three sets of scaled and dimensioned building elevations of each side of a building where signs are proposed depicting each proposed sign;

3.

Landscape Plan. Three sets of scaled and dimensioned landscape plan showing all landscaped areas required for freestanding signs, and shall indicate the location of all proposed plant material, common and botanical names, quantities and sizes;

4.

Sign Specifications. Three sets of scaled and dimensioned sign specifications showing proposed design, size, exact colors, materials and location of the sign or sign structure;

5.

Construction Plans. Three sets of scaled and dimensioned plans depicting construction details, method of attachment and electrical specifications for each sign; and

6.

Any proposed lighting, including internal and external illumination. Information on lighting intensity may be required, as determined necessary by the Director.

B.

Temporary Sign Permit.

1.

No temporary on-site signs may be erected without a permit.

2.

Temporary sign permits may be obtained at the Planning Division and are issued pursuant to an expedited permit process. Permits for temporary signs that are in conformance with the applicable provisions of this Chapter will be issued within two business days of application.

3.

The application for a sign permit shall be made on the form provided by the Director and shall be accompanied by a processing fee established by resolution of the City Council. The application shall contain all of the following information and materials, except that some requirements may be waived by the Director when not applicable to the type of sign being proposed

a.

Proposed sign dimensions, fabrication, colors, and fonts.

b.

Number of temporary signs per business.

c.

A plot plan showing the proposed placement of temporary signs.

d.

Proposed time duration of sign placement.

C.

Sign Program Requirements.

1.

Application. The application for a sign program shall be made on the form provided by the Director and shall be accompanied by a processing fee established by resolution of the City Council.

2.

Contents. A sign program shall include the following information:

a.

A coordinated design theme, incorporating uniform design elements for various types of signs to be used in the project area, including wall signs, freestanding signs, canopy and awning signs, directional signs, and others as appropriate;

b.

Desired use, design, location and size of temporary signs, including window signs, special event signs, flags, banners, portable signs, and others, as appropriate;

c.

The desired size, area and location of signs to be located throughout the project site;

d.

Methods by which signs will be attached to buildings and structures;

e.

Methods and levels of illumination;

f.

Choice of colors and lettering styles; and

g.

Those items identified in Subsections 18.80.080.A.1 through A.4. and A.6. of this Section.

(Ord. No. 296, § 1, 7-12-2016)

18.80.090 - Appeals.

A.

A decision by the City Manager or director to conditionally grant, deny, or revoke a sign permit may be appealed to the Planning Commission. The applicant must submit a written request for an appellate hearing by the Planning Commission to the City Clerk within ten days of the date the City Manager or Director's decision is delivered to the applicant. The written request must be accompanied by a processing fee, as determined by City Council resolution. Failure to timely appeal a decision to the Planning Commission, or submission of a written request without the processing fee, is deemed a waiver of the right to appeal the decision.

B.

A decision by the Planning Commission to conditionally grant, deny, or revoke a sign permit, including a ruling on an appeal of the Director's decision on a sign matter, may be appealed to the City Council. The applicant must submit a written request for an appellate hearing by the City Council to the City Clerk within ten days of the date the Planning Commission's decision is delivered to the applicant. The written request must be accompanied by a processing fee, as determined by City Council resolution. Failure to timely appeal a decision to the City Council, or submission of a written request without the processing fee, is deemed a waiver of the right to appeal the decision.

C.

Within ten days of receipt of the written request and processing fee, the City Clerk must notify the applicant of a hearing date. The hearing date must be within 30 days of the date of mailing of the notice for the hearing.

(Ord. No. 296, § 1, 7-12-2016)

The City Council's decision is final. The decision is deemed final on the day that it is deposited into the U.S. Mail, addressed to the appellant at the address provided on the sign permit application, or delivered in person to the appellant. The notice of decision must provide that the appellant has the right to challenge the City Council's decision in a court of law, in accordance with the provisions of Sections 1094.8 of the California Code of Civil Procedure.

(Ord. No. 296, § 1, 7-12-2016)

The following sign types are expressly exempted from the permit requirements of this Chapter but still must satisfy any and all other applicable permit requirements when necessary (e.g., building, electrical, plumbing, grading, encroachment); and shall comply with Section 18.80.130.F (Interference with motorists field of vision).

A.

Exempt Signs Without Limitations. The following are exempt from sign permit and City review requirements:

1.

Official traffic signs or other municipal governmental signs, legal notices, advertisements prescribed by law and placed by governmental entities, and signs indicating the location of buried utility lines or any notice posted by a governmental officer in the scope of his or her duties.

2.

Direction, warning, or information signs or structures required or authorized by law, or by Federal, State, County, or City authority, including, but not limited to, traffic control signs (e.g., stop, yield), highway route number signs, and construction zone signs.

3.

Noncommercial utility company signs identifying cables, conduits, and dangerous situations.

4.

Street address signs on buildings and building identification signs consistent with the City-adopted building code or relevant provisions of the City Municipal Code. Notwithstanding anything in this Section, street address signs may be illuminated and may contain reflective paint or material.

5.

Signs and advertising for the California State Lottery as authorized by California Government Code § 8880 et seq.

6.

Any sign located entirely within a building and not within three feet of a window, and which is not visible from the exterior of the building, is exempt from the requirements of this Chapter.

B.

Exempt Signs with Limitations. The following signs are exempt from a Sign Permit and City review, provided that they meet the size, height, duration, and/or maximum number limitations listed:

1.

Signs on non-residential property undergoing permitted construction not exceeding 32 square feet each in area per side, maximum of two sides 64 square feet total, 15 feet in height, and set back a minimum of ten feet from the property line. One such sign is permitted per street frontage.

a.

A maximum of six flags with a maximum sign area of 15 square feet per flag, not to exceed 15 feet in height is permitted.

b.

Such signs shall not be illuminated and shall be removed within five days of the earliest of the following events: final building inspection approval, issuance of a valid certificate of occupancy, opening for business to the public, or expiration of the building permit

2.

Signs on property for sale or lease as follows:

a.

On residential property, one sign not exceeding four square feet and not exceeding a height of five feet.

b.

On multi-family property with more than 12 dwelling units, one sign per street frontage, not exceeding 24 square feet in area attached to the building or freestanding. All signs shall be located outside the public right-of-way and shall not be illuminated.

c.

On nonresidential and mixed-use property, one sign per street frontage, not exceeding 32 square feet in area or eight feet in height. The sign shall not be illuminated. One noncommercial flag per street frontage, per property.

3.

Window signs consistent with the development standards of this Chapter.

(Ord. No. 296, § 1, 7-12-2016)

18.80.120 - Prohibited signs.

A.

The signs listed in this Section are inconsistent with the purposes and requirements of this Chapter and, as such, are prohibited in all zoning districts. Construction, installation, or placement of the following types of signs after the effective date of this Chapter is prohibited:

1.

Any sign erected without a permit, or erected not in compliance with this Chapter or with its predecessor sign code.

2.

Animated signs.

3.

Any sign containing fluorescent or Day-Glo colors.

Can and cabinet signs, except sculpted cabinet signs.

5.

Flashing signs, unless otherwise permitted as an electronic sign under this Chapter.

6.

Inflatable balloon signs, including, but not limited to, individual balloons, balloon strings, and other inflatable objects made of a flexible material and inflated so as to be lighter than air. This category also includes air-activated or air-blown signs and "air dancer" signs.

7.

Human advertisement signs, except as permitted under Subsection 18.80.160.E.

8.

Off-site signs, except as specifically authorized by this Chapter.

9.

Painted wall signs.

10.

Pennants.

11.

Pole signs.

12.

Roof signs.

13.

Signs that produce smoke, sound, or other emissions.

14.

Signs which are mobile, rotate, or move, except human signs.

15.

Signs which block a pedestrian path of travel or ingress and egress to a business or driveway.

Signs placed on the public right-of-way or affixed to an element or structure on the public right-of-way, or located on a publicly owned tree, fence, or utility pole or otherwise posted on public property, unless specifically allowed by this Chapter.

17.

Signs on private property affixed to fences, trees, shrubs, or rocks.

18.

Signs that are dilapidated, abandoned, in disrepair or in a dangerous condition.

(Ord. No. 296, § 1, 7-12-2016)

18.80.130 - General provisions.

This Section describes the provisions applicable to all signs regulated by this Chapter. Certain types of signs may also be subject to additional provisions.

A.

Sign Area Measurement Procedures. Sign area shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself. Backing plates shall count as part of the sign area unless they are transparent. In the case of two-sided, multi-sided, or three-dimensional signs, the area shall be computed as including the maximum single display surface which is visible from any ground position at one time.

==> picture [339 x 121] intentionally omitted <==

B.

Sign Height Measurement. Sign height shall be measured as the greatest vertical distance measured from the grade at the point the sign supports intersect the ground and any accompanying architectural features of the sign. However, if the sign is constructed upon an artificial berm, the height of the signs, as measured from the toe of slope or berm, shall not exceed 125 percent of the maximum height allowed by this Chapter.

==> picture [435 x 96] intentionally omitted <==

C.

Calculation.

1.

For wall signs, the permitted area for any sign shall be calculated based only on the frontage or side of a building on which the sign is located.

2.

When more than one business is located in a building, the allowable sign area for each business shall be based upon the length of the lineal building frontage occupied by that business.

D.

Construction Requirements. Every sign and all parts, portions, and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City laws and regulations, including the locally adopted building code. All signs shall comply with the following criteria:

1.

All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign.

2.

All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements. The application of graffiti resistant coating is recommended.

3.

All freestanding signs that incorporate lighting shall have underground utility service.

4.

All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed.

E.

Clearance from Public Utility Facilities. The person erecting a sign, and the owner of the premises, shall maintain any legally required clearance from communications and electric facilities. A sign may not be constructed, erected, installed, maintained, or repaired in any manner that conflicts with any rule, regulation, or order of the California Public Utilities Commission pertaining to the construction, operation, and maintenance of public utilities facilities.

F.

Interference with Motorist Field of Vision.

1.

No sign shall be located in a manner which may obstruct or interfere with the view of a traffic signal or other traffic regulatory signs.

2.

No sign shall, as determined by the City Engineer, be located so as to create a hazard to the life or property of any person using the public right-of-way.

3.

Any required landscaping may be trimmed as needed to provide maximum visibility of the sign or signs.

4.

Signs shall not be located within the clear sight triangle.

G.

Obstruction of Passage.

1.

No sign shall be constructed so as to obstruct any required exit, including windows, doors, fire escapes or other emergency exit of any building.

2.

No sign shall be constructed or located so as to obstruct any sidewalk.

H.

Sign Siting.

1.

Location of Signs Attached to Buildings. Building signs may be located along any frontage of a building that faces directly onto a public right-of-way or an internal parking area of the site. Where the building is within 100 feet of a residential use, signs shall not be illuminated.

Setback and Spacing of Freestanding Signs.

a.

Where a setback exists, the minimum setback distance for freestanding signs shall be measured from the back of the public right-of-way or side of a driveway.

b.

The minimum spacing distance between permanent freestanding signs, excluding on-site directory signs, shall be 50 feet. The director will review a proposed sign location on a case-by-case basis to ensure the sign is located outside the required clear sight triangle and does not otherwise inhibit motorist safety.

I.

Maintenance Requirements. Every sign, and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other poorly maintained or damaged portions of a sign shall be repaired or replaced within 30 days following notification by the City.

J.

Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This requirement does not apply to routine maintenance.

K.

Electronic Signs. The City finds and declares that a proliferation of electronic display signs throughout the City, and especially located on arterial streets pose a danger to the motoring public because of potential distraction from their change of message, scale, format, and other physical qualities that differentiate them from other sign types. Therefore, the City through this sign code limits electronic signs to be displayed only in specified areas of freeway corridors, where the impacts on driver safety are minimized. All electronic display signs existing in the City as of the effective date of this Chapter, unless specifically permitted by this Code, are declared legal nonconforming signs and may continue to operate in accordance with Section 18.80.220 (Nonconforming and abandoned signs).

1.

The limitation established by this Section shall not apply to manually changeable copy signs or freeway signs.

2.

Signs providing information on fuel price and grade and fueling stations, as well as signs displaying time and temperature information shall be exempt from this limitation on electronic display signs. Illumination

levels shall conform to Subsection 18.80.140.A.3 of this Chapter.

(Ord. No. 296, § 1, 7-12-2016)

A.

General Sign Development and Design Requirements. The following general design requirements shall apply to permanent on-site signs:

1.

Design Compatibility with Building. Signs shall be compatible with the architectural style of the main building or buildings upon the site where the sign is located. Signs located on commercial sites, but in a predominantly residential area, shall consider compatibility with such residential area.

2.

Quality of Workmanship and Materials. Signs shall be of a quality commensurate with professional design standards and shall be constructed of durable materials designed to withstand the elements. No permanent sign made out of paper, cardboard, cloth, plastic sheeting, or other non-durable materials shall be permitted. Lettering, logos and other sign content shall be professionally prepared and shall appear uniform and legible.

3.

Sign Illumination. The artificial illumination of signs, either from an internal or external source, shall be designed so as not to cast stray light on surrounding rights-of-way and properties. The following requirements shall apply to all illuminated signs:

a.

External light sources shall be directed and shielded to limit direct illumination of an object other than the sign.

b.

The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impacts on residential properties in direct line of sight to the sign.

c.

Signs exceeding one square foot in size shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color.

d.

Colored lights shall not be used at a location or in a manner so as to be confused or constructed as traffic control devices.

e.

Light sources shall utilize energy-efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations. The use of energy efficient lighting features, such as solarpowered or light-emitting diodes (LED), are encouraged.

4.

Landscaping. Each monument, directory and/or freeway sign shall be located within a planted landscaped area which is of a shape and design that will provide a compatible setting and ground definition to the sign, incorporating the following ratio of landscape area to total sign area:

a.

Monument sign, four square feet of landscaped area for each square foot of sign area (one side only);

b.

Directory sign, two square feet of landscaped area for each square foot of sign area (one side only);

c.

Freeway sign, One square foot of landscaped area for each square foot of sign area (one side only).

B.

Development and Design Standards for Specific Sign Types. In addition to the general sign design requirements in Subsection 18.80.140.A above, the following requirements shall apply to the specific sign types:

1.

Awning and Canopy Signs. Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied and shall be considered wall signs for signage area calculation purposes. The following requirements shall apply:

a.

Only permanent signs that are an integral part of the awning or architectural projection shall be allowed. Temporary signs shall not be placed on awnings.

b.

Awning signs shall only be allowed for first- and second-story occupancies.

2.

Freestanding and Directory Signs. Monument signs shall only be permitted as follows:

a.

Voids between the sign face and the sign structure are prohibited. The sign face shall utilize the full width of the sign structure or coverings that are architecturally consistent with the rest of the sign to fill any voids.

b.

Materials and design for freestanding signs shall be complementary to the materials and design of the buildings for the related development. For example, if the facade of the building is stucco with stone or stone veneer, a complementary freestanding sign would also include stucco and stone. Notwithstanding the foregoing, or any other provision of this Chapter, nothing in this Chapter shall require the alternation of a Federally registered service mark.

c.

For freestanding signs in multi-tenant centers, the name of the center shall not be calculated in the maximum sign area. Rather, the name of the center shall have a separate maximum sign area of eight square feet. All tenant signs shall have a minimum letter height of eight inches. The maximum number of tenants is four tenants on each sign face for centers with less than 300 feet of street frontage, and eight tenants for centers with 300 feet or greater of street frontage. The two sign faces of a monument sign are not required to be identical in terms of tenant identification.

d.

Freestanding signs shall be located outside of the clear sight triangle.

3.

Freeway Signs.

a.

The maximum allowable number, sign face area and height of any freeway sign shall be pursuant to Section 18.80.130 (Development standards for permanent on-site signs). When such display area is used for commercial speech, the copy must qualify as onsite as to the shopping center or commercial complex.

b.

For a commercial complex of 150,000 square feet or more, the maximum number of signs, sign face area, height of signs, and design criteria shall be determined by the Planning Commission through a sign program.

c.

Freeway signs may identify a maximum of eight tenants.

d.

Freeway signs, including freeway electronic message signs, may only be permitted subject to the approval by the Planning Commission. Freeway signs will be permitted when they comply Section 18.80.130 (Development standards for permanent on-site signs) and the following findings can be made:

(i)

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

(ii)

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

(iii)

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

(iv)

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

(v)

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

e.

Freeway signs may be electronic message signs and shall be permitted subject to the following requirements:

(i)

No electronic message sign shall be located closer than one thousand one thousand feet to another electronic message sign.

(ii)

Each display shall appear for a period of at least ten 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.

(iii)

The sign shall 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.

(iv)

Electronic message signs shall automatically adjust the brightness of illumination between night and day.

(v)

Electronic message signs may not identify commercial uses or contain commercial message for uses not located on the same site as the sign. Otherwise, they are considered off-premises signs and are prohibited by this Code.

(vi)

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

4.

Projecting Signs. Projecting signs shall be considered wall signs for the purposes of sign area calculations. Projecting signs shall only be permitted as follows:

a.

Location. Projecting signs shall be placed only on ground-floor facades, except for businesses located above the ground level with direct exterior pedestrian access.

b.

Angle of Projection. Projecting signs shall either be located at right angles to the building front along the building facade or, when located on the corner of a building, at a 45-degree angle to the corner of the building.

c.

Height. The lowest point the sign shall be a minimum of eight feet above grade.

d.

Projection. The sign may project a maximum of four feet from the building.

e.

Suspension. The sign shall be suspended with a clear space of no more than 12 inches between the sign and the building.

f.

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

g.

Encroachment. Projecting signs shall not encroach into the public right-of-way or easements or be located above it, or into a designated emergency vehicle/fire access lane.

h.

Spacing. Projecting signs shall be spaced to maximize the visibility of signage.

Wall Signs.

a.

Wall signs shall be compatible with the predominant visual architectural elements of the building facade.

b.

Wall signs shall not project more than 12 inches from the building facade.

c.

Wall sign raceways shall be concealed from public view (e.g., within the building wall or otherwise integrated with the design of the sign and building) so as to not detract from the architectural character of the building.

d.

Letter types are limited to the following:

(i)

Channel letters.

==> picture [432 x 37] intentionally omitted <==

(ii)

Reverse channel letters.

(iii)

Foam letters with a hard surface.

(iv)

Sculpted cabinet or contour signs.

==> picture [175 x 37] intentionally omitted <==

e.

Signage containing multiple elements (e.g., logo and text) on one facade shall be designed so that the multiple elements are located and scaled in relationship to each other.

Neon Signs. Neon signs are only permitted as identified in Section 18.80.150 (Window signs).

7.

Window Signs. Window signs are ply permitted as identified in Section 18.80.180 (Window signs).

(Ord. No. 296, § 1, 7-12-2016)

The provisions in this Section provide the development standards for on-site signs on private property. Regulations are listed based upon zoning district and sign type.

A.

Format and Organization of Standards. The signage standards listed below are summarized, where applicable, in table format for ease of use and organization. Concepts described in these tables are as follows:

1.

Sign Area Allowance. Allowable sign area is either a set square footage per establishment or is based on a ratio of allowable sign area to building frontage (e.g., one square foot of sign per one lineal foot of building frontage, or 1 sq. ft.: 1 lf.). Where a ratio is described, it applies to the maximum permissible sign area listed in this Section.

2.

Mixed-Use Zoning Districts. In mixed-use zoning districts, signage for residential uses shall be consistent with the standards for residential zoning districts (e.g., as if the development were in a residential zoning district). For nonresidential uses, signs shall be consistent with the standards for commercial and office zoning districts.

B.

All signs shall conform to applicable provisions of Section 18.80.140, Design standards.

TABLE 18.80.150-1 SIGN STANDARDS IN RESIDENTIAL ZONES

TABLE 18.80.150-2 SIGN STANDARDS in AP ZONE DISTRICT

TABLE 18.80.150-3 SIGN STANDARDS IN C2 AND CM ZONE DISTRICTS

TABLE 18.80.150-4 SIGN STANDARDS IN MR AND M2 ZONES

TABLE 18.80.150-5 SIGN STANDARDS FOR SERVICE STATION USES[(1)]

C.

Menu/Order Board Signs for Drive-In and Drive-Through Uses. In addition to the signage permitted in the zone district the use is located, each drive-in or drive-through use is permitted two menu/order board signs per drive-through lane. The maximum height for a menu/order board sign shall be eight feet and the maximum area allowed is 50 square feet. No alterations or additions (e.g., rider signs) along the exterior of the menu/order board sign are permitted.

D.

Directional Signs for Drive-In and Drive Through Uses. In addition to the signage permitted in the zone district the use is located, each drive-in or drive-through use is permitted directional signs, for the purpose of indicating the locations of ingress and egress points, parking locations, drive-through lanes, and other similar advisory information for the purpose of promoting traffic safety by directing vehicles off of streets and highways in a safe and orderly manner. Such signs contain the words "entrance," "enter," "exit," "in," "out" or other similar words or a sign containing arrows o characters indicating traffic direction and used either in conjunction with such words or separately. Directional signs shall be limited in number to four signs, or three signs per frontage for any business premises that has more than one frontage. The maximum dimensions for such signs shall not exceed two square feet in area per sign and three feet in height to the top of the sign.

(Ord. No. 296, § 1, 7-12-2016)

The following signs are permitted, without a permit from the City, in residential zones:

A.

Temporary Non-Commercial Signs. On each residentially zoned parcel in the City, the owner or occupant, or other party with the permission of the owner and/or occupant may display temporary signage displaying any non-commercial message subject to the following rules:

1.

Individual signs shall be no larger than six square feet;

The total square footage of signage displayed under this Section shall not exceed 12 square feet.

3.

If temporary signs posted under this Section pertain to a specific event, they shall be taken down within five days after the event occurs. If they are not removed by this deadline, the City may remove the signs after giving 24 hours' notice to the homeowner that the sign is displayed in violation of this Subsection.

B.

Temporary Signs Displayed During One-Time Event.

1.

The owner or occupant of a residential parcel may also display an additional temporary sign containing any commercial or non-commercial message for up to 72 hours during the occurrence of a one-time event held at the property. The sign must be removed within 24 hours after the one-time has concluded. The City may summarily remove a sign displayed in violation of this Subsection.

(Ord. No. 296, § 1, 7-12-2016)

18.80.170 - Temporary on-site signs, non-residential zones.

A.

The following temporary on-site signs are permitted in all nonresidential zones subject to the following rules.

1.

The business must have permanent wall or freestanding signage, except that new businesses may apply for a temporary sign while permanent sign permits are being processed.

2.

Each business may display one temporary sign for not more than 120 days in any one calendar year, whether displayed consecutively or intermittently. If run intermittently, display shall be in 60-day intervals. A one-time 30-day extension may be granted. At the end of the calendar year any time remaining shall be forfeited.

3.

Off-site temporary signs are prohibited, except as permitted in this Chapter.

4.

Temporary signs shall not be illuminated.

5.

Signs shall not impede or obstruct pedestrian walkways or parking spaces; nor shall they obstruct clear sight triangles.

6.

Signs shall be cleaned, updated and/or repaired, as necessary, to maintain an attractive appearance and to ensure safe operation of the sign. Unacceptable sign conditions include broken or missing sign faces, broken or missing letters, chipped or peeling paint, and missing or broken fasteners. Failure to respond to a written request from the City to perform maintenance work shall result in revocation of the sign's permit.

7.

Temporary signs may not be affixed to utility poles, fences, trees, rocks, permanent signs, awnings or decorative elements of landscaping.

8.

Temporary signs shall not be counted towards the total allowable sign area for a use.

B.

In addition, the following provisions apply to banners:

1.

The maximum area of a banner shall not exceed 25 square feet.

2.

Where a business occupies a building or tenant space that is located a minimum of 100 feet from the property line facing the public street, the maximum area of the banner shall not exceed 32 square feet.

3.

Banners shall be attached to the wall of the building to which it relates and shall not extend above the roof or eave line.

4.

Banners shall not be hung from poles, trees, awnings, eaves or similar structures. Banners shall be hung with permanent attachments, such as bolts or screws. Banners shall not be tied to a structure with rope, string, twine, or similar materials.

C.

In addition, the following apply to feather banners (flag signs):

1.

The maximum area of a flag sign shall not exceed 25 square feet.

No portion of a flag shall extend closer than three feet to the property line.

3.

The height of the flag shall not exceed eight feet.

4.

Flag signs shall maintain a five-foot separation from other signs.

5.

Feather banners shall be allowed for multiple family uses.

D.

In addition, the following shall apply to portable signs:

1.

The maximum area of a portable sign shall not exceed 12 square feet.

2.

No portion of a portable sign shall extend closer than three feet to the property line.

3.

The height of the portable sign shall not exceed three feet.

4.

A five-foot separation from any other sign shall be maintained.

E.

In addition, the following shall apply to human advertisement signs:

1.

Signs held by hand or personally attended to when on private property and consistent with the following requirements:

a.

The maximum aggregate size of all signs held or personally attended by a single person is 12 square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area.

b.

The maximum size of any one sign which is held or personally attended by two or more persons is 25 square feet, measured on one side only.

c.

The sign must have no more than two display faces and may not be inflatable or air-activated.

d.

Persons displaying signs under this Section may not stand in any vehicular traffic lane, within clear sight triangles, or sidewalks, or anywhere on public property as per Subsection 18.80.050.D above.

(Ord. No. 296, § 1, 7-12-2016)

18.80.180 - Window signs.

A.

Commercial and industrial zoning districts shall be permitted to display window signs, subject to the following regulations:

1.

No permit is required for window signs. Provided that, any business that is found to have window signs not in conformance with this Section may be required to obtain permits for all window signs for a period of 12 months following the violation to ensure compliance with the provisions of this Section.

2.

The business must have permanent wall or freestanding signage.

3.

No time limit is placed on the display of window signs.

4.

A window sign includes any interior sign within three feet of a window which is visible from the exterior of the business.

5.

Window area shall be computed by calculating each window pane or panel. The area shall be separate for each building face and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than six inches apart.

6.

Window signs may cover no more than 25 percent of the total transparent window area of the business, as defined in Subsection 5. of this Section.

7.

Window signs shall not be illuminated except for signs constructed of neon tube letters and/or symbols. In such instances, window signs may include up to two neon signs per business.

8.

Signs shall be cleaned, updated and/or repaired as necessary to maintain an attractive appearance and to ensure safe operation of the sign. Unacceptable sign conditions include broken or missing sign faces, broken or missing letters, chipped or peeling paint, and missing or broken fasteners. Failure to respond to a written request from the City to perform maintenance work shall result in code compliance action.

(Ord. No. 296, § 1, 7-12-2016)

A.

Purpose. The purpose of this Section is to provide signage opportunities for those businesses that have limited opportunities for on-site signage due to their location or nature of business.

B.

Applicability. Permitted businesses with a physical location inside the City limits located over 1,000 feet from the Barton Road corridor, as measured from the right-of-way line, may construct off-site signs subject to an approved Conditional Use Permit.

C.

Off-Site Directional Signs. This Section rescinds the Freestanding Residential Subdivision Directional Sign Program established by Resolution Nos. 80-20 and 82-10 adopted by the City Council.

D.

General Requirements.

1.

A conditional use permit shall be submitted that includes a sign location plan showing the site of each sign and that demonstrates compliance with this Section shall be submitted to the Planning Department prior to the issuance of the sign permit.

2.

Individual signs shall not be larger than nine square feet, eight feet in height, and attached to a Cityapproved sign stand.

3.

Up to four off-site signs may be permitted.

Signs shall be limited to no more than three structures on the same side of the street and shall not be located within 100 feet of another freestanding sign structure, or within 600 feet of another off-site sign.

5.

Signs shall be located outside of clear sight triangles.

6.

Signs shall not be placed on collector or local streets.

7.

Signs may be constructed on improved or unimproved property along major and secondary highways, as designated in the General Plan.

8.

Signs proposed on private property shall have the property owner's written permission; signs proposed within the public right-of-way shall obtain an encroachment permit.

9.

The licensee or holder of an encroachment permit shall indemnify and hold the City, and its officers and employees, harmless of all costs, claims and damages levied against them.

10.

Signs shall not obstruct the use of sidewalks, walkways, and bike lanes and shall not obstruct the visibility of motorists, pedestrians of traffic control signs.

11.

Sign panels shall not be internally illuminated.

12.

Sign structure installations shall include "break away" design features.

13.

No signs, pennants, flags or other devices for visual attention or other appurtenances shall be placed on the directional signs.

14.

The design of all off-site signs shall be consistent throughout the City. Sign lettering used for identification panels shall be uniform in style and size.

Damaged, torn, defaced or faded signs shall be removed or replaced within 24 hour notice. Failure to maintain signs shall result in revocation of permits to place off-site signs.

(Ord. No. 296, § 1, 7-12-2016)

18.80.200 - Temporary use and special event signs.

A.

Temporary Use and Special Event Signs.

1.

The organizer, owner, operator, or authorized representative of an organization, company, association or other group, that holds or sponsors a one-time special event or temporary use within the City and does not have a fixed business location within the City may request permission to display temporary signage as permitted by this Section as part of the approval of a temporary use or special event permit. Temporary uses include but may not be limited to seasonal activities such as holiday tree sales, sales of pumpkins, parking lot sales, and small-scale arts and crafts sales. Special events include but are not limited to circuses, carnivals, festivals, outdoor concerts, bicycle races, marathons, car shows, and other activities similar in scope and nature.

2.

Signs for temporary uses shall be limited to one per use and shall be located on-site. Signs for special events shall not exceed four per event and may be located on- or off-site, with proof of property owner permission. The sign area for each sign shall not shall not exceed 24 square feet and the top of the sign shall not be placed higher than eight feet above grade.

3.

Permitted sign types for special events include the following, provided they do not obstruct or interfere with pedestrian or vehicular traffic:

a.

Pennants and streamers;

b.

Balloons and inflatable signs;

c.

Beacons;

d.

Banners, including feather banners;

e.

Portable freestanding signs, such as A-frames.

4.

Temporary signs permitted under this Section for organizers, owners, operators, or authorized representatives of an organization company, association or other group holding or sponsoring a special event, may be displayed no more than 30 days prior to the special event and shall be taken down no later than five days after the event. Temporary signs permitted under this Section for organizers, owners, operators, or authorized representatives of an organization, company, association or other group for temporary uses may be displayed only during the duration of the temporary use.

(Ord. No. 296, § 1, 7-12-2016)

A.

Definitions. For purposes of this Section, the following words or phrases shall have the following meanings:

1.

"Convey" means to drive, carry, pull, or otherwise transport.

2.

"Mobile billboard advertising display" means an advertising display that is attached to a vehicle or any other mobile, non-motorized device, conveyance, or bicycle that carries, pulls, or transports a sign or billboard and is for the primary purpose of advertising.

B.

No person shall park or convey any mobile billboard advertising display as defined herein, either standing alone or attached to a motor vehicle, upon any public street or public lands in the City.

C.

Removal of Mobile Billboard Advertising Displays Authorized. Pursuant to Section 22651 (v) and (w) of the California Vehicle Code, a peace officer, or any regularly employed and salaried employee of the City, who is authorized to engage and is engaged in directing traffic or enforcing parking laws and regulations, may remove, or cause to be removed, the mobile billboard advertising display, or anything that the mobile billboard display is attached to, including a motor vehicle, located within the territorial limits of the City when the mobile advertising display is found upon any public street or any public lands, if all of the following requirements are satisfied:

1.

When a mobile billboard advertising display either standing alone or attached to a motor vehicle, is parked or left standing in violation of this Code, and the registered owner of the vehicle or display was previously

issued a warning notice or citation for the same offense;

2.

A warning notice or citation was issued to a first-time offender at least 24 hours prior to the removal of the vehicle or display. The City is not required pursuant to Section 22651(v)(2) and Section 22651(w)(2) of the California Vehicle Code to provide further notice for a subsequent violation prior to enforcement; and

3.

The warning notice or citation advised the registered owner of the vehicle or display that he or she may be subject to penalties upon a subsequent violation of the ordinance that may include removal of the vehicle or display.

D.

Permanent Advertising Signs Excepted. Pursuant to Section 21100(p)(2) and (p)(3) of the California Vehicle Code, this Section does not apply to advertising signs that are permanently affixed in a manner that is painted directly upon the body of a motor vehicle, applied as a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by a vehicle

manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.

E.

Post Storage Impound Hearing. Section 22852 of the California Vehicle Code applies to this Section with respect to the removal of any mobile billboard advertising display vehicle. Section 22852 is incorporated by reference as if set forth in full herein and provides, in summary, that whenever an authorized employee of the City directs the storage of a vehicle, the City shall direct the storage operator to provide the vehicle's registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within 48 hours, excluding weekends, as specifically provided for under Section 22852 of the California Vehicle Code. To receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within ten days of the date appearing on the notice. The City may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle.

F.

Violation—Penalties. After the initial warning citation, a subsequent violation of this Section is a misdemeanor, punishable upon conviction by a fine of not less than $250.00, nor more than $1,000.00, or by imprisonment in the County Jail for not more than six months, or by both fine and imprisonment. At the discretion of any person duly authorized by the Chief of Police to issue a citation for any violation of this Section, or the City Attorney's Office, a violation of this Section may be an infraction enforced through the parking penalty process set forth in Section 40200 et seq. of the California Vehicle Code. The City Council may establish from time to time by resolution an increase in the amount of the fine.

(Ord. No. 296, § 1, 7-12-2016)

A.

Nonconforming Signs.

1.

Except as otherwise provided by this Section, all existing signs which do not meet the requirements of this Chapter shall be deemed nonconforming signs and shall either be removed or brought into compliance with this Chapter when a substantial alteration to the sign is made. Change of copy shall not be deemed a substantial alteration.

2.

For purposes of this Section, a "substantial alteration" shall be defined as repair or refurbishing of any sign that alters its physical dimensions or height, or replaces any integral component of the sign including, but not limited to, alterations to exterior cabinets, bases, or poles. In addition, substantial alteration shall also include any repair or refurbishing of a sign that exceeds 50 percent of the depreciated value of the sign and structure, but excepting customary maintenance.

3.

"Customary maintenance" shall be defined as any activity or work performed for the purpose of actively maintaining the sign in its existing approved physical configuration and size dimensions at the specific location approved by the City and includes the following:

a.

Repainting the sign text, cabinet, or other component of the sign without changing the advertising message; or

b.

Routine replacement of border and trim with substantially the same colors and materials.

4.

A nonconforming sign may remain in use provided no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted for customary maintenance in Subsection 18.80.100.I (Maintenance requirements) of this Chapter.

B.

Abandoned Signs. Abandoned signs may be abated by the City. For regulatory purposes, any factors indicating abandonment shall not begin occurring until 120 days after the effective date of this Chapter.

(Ord. No. 296, § 1, 7-12-2016)

Any existing legal nonconforming sign may be required to be brought into compliance with current applicable Code requirements, or removed as a condition of approval of any redevelopment, building, conditional use, or other permit or approval required under any provision of the Municipal Code for the same property where the nonconforming sign is located, so long as a nexus exists between the permit or approval and the sign that must be removed or brought into compliance.

(Ord. No. 296, § 1, 7-12-2016)

Any violation of or failure to comply with the provisions of this Chapter may be enforced pursuant to Chapter 1.16 of the Municipal Code and by another other procedure authorized by law.

(Ord. No. 296, § 1, 7-12-2016)

Chapter 18.81 - ART IN PUBLIC PLACES

A.

The purpose of this Chapter is to expand the opportunities for citizens of the City to experience public art resulting from the creative expression of its visual artists in public places throughout the City. A standard is hereby established to direct the inclusion of works of art in new development projects and establishing a fund used solely for the creation, purchase, installation, security, and maintenance of art in public spaces throughout the City.

B.

The City Council finds and declares as follows:

1.

Cultural and artistic resources enhance the quality of life for individuals living in, working in, and visiting the City.

2.

Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values.

3.

Development of cultural and artistic assets should be finance by those whose development and revitalization diminish the availability of the community's resources for those opportunities and contribute to community urbanization.

Establishment of this art in public places program will promote the general welfare through balancing the community's physical growth and revitalization and is cultural and artistic resources.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

"Artist" means a practitioner in the arts, generally recognized by critics and peers as one who produces works of art through a record of exhibitions, public commissions, sale of works, or educational attainment.

B.

"Art" means all forms of original creations of visual arts, including but not limited to:

1.

Sculpture in any material or combination of materials.

2.

Painting—All media including portable and permanently affixed works, such as murals and frescoes.

3.

Graphic arts—Print making and drawing.

4.

Mosaics.

5.

Photography.

6.

Crafts in clay, fiber and textiles, wood, metal, plastics, and other materials.

7.

Calligraphy.

8.

Stained glass.

9.

Mixed media—Any combination of forms or media, including collage.

Lighting elements not integral to the illumination of the art.

11.

Dedication ceremonies.

12.

Water generated art.

C.

"Art in public places" means any work of art which is designed for and sited in a space accessible to the public, from a public square to a wall inside a building open to the public.

D.

"Building valuation" means the construction cost for labor and materials computed using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO), excluding land acquisition and off-site improvement costs.

E.

"City" means the City of Grand Terrace.

F.

"City Manager" means the City Manager of the City and his or her designee.

G.

"Developer" means the applicant, developer, or owner (as applicable) of a development project.

H.

"Development project" means a proposal for the development of improved or unimproved real property, including but not limited to: offices, hotels, motels, restaurants.

I.

"Director" means the City's Planning and Development Services Director and his or her designee.

J.

"Public art fund" means a separate fund established to receive monies from any source by the public art fund.

K.

"Public place" means any area or property (public or private) which is accessible or visible to the general public a minimum of eight hours during a business day.

L.

"Planning Commission" means the Planning Commission of the City of Grand Terrace.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

18.81.030 - Applicability.

A.

Except as provided in Section 18.81.040, this Chapter shall apply to all works of construction and rehabilitation within the City for which a building permit is required, including, but no limited to, the following:

1.

New commercial and industrial construction.

2.

Remodeling or reconstruction of existing commercial or industrial property.

3.

Residential subdivisions or development of two or more units, whether by detached single-family residential structures, condominiums, apartments, duplexes, townhouses, or other dwelling units being built in the same tract by the same developer.

B.

The creator of the work of art shall be an artist through a record of exhibitions, public commissions, sale of works, or educational attainment.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

18.81.040 - Exceptions.

A.

This Chapter shall not apply to the following construction and rehabilitation activities:

1.

Public projects undertaken by any agency of the City, the State, County, school district, or any other governmental entity.

Remodeling, repair or reconstruction of structures to comply with earthquake seismic safety code standards or which have been damaged by fire, flood, wind, earthquake, or other calamity.

3.

Remodeling, repair, or reconstruction of residential units.

4.

Nonprofit, social service, or cultural institution projects.

5.

Low to moderate housing projects as defined by the household Health and Safety Code Section 50093.

6.

Affordable housing development receiving City, State, or Federal assistance.

7.

Private educational institutions which provide general education equivalent to the public school system (kindergarten through high school or any part thereof).

8.

Housing development projects to the extent that such housing development projects comply with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application thereof was deemed complete. Further, this Chapter shall not apply to housing development projects to the extent that applicable law, including but not limited to, Government Code Section 65589.5, prohibits the application of this Chapter upon housing development projects. For the purposes of this Section 18.81.050(A)(8), the term "housing development project" shall have the same meaning as provided in Government Code Section 65589.5.

9.

Such other circumstances where applicable law prohibits the application of this Chapter.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

No final City approval, such as a final inspection or a certificate of occupancy, for any Development Project subject to this Chapter shall be granted or issued unless and until full compliance with the art in public places is achieved in one of the following ways:

1.

The developer shall provide the City with proof of installation of the required the work of art in a manner satisfactory to the City pursuant to Section 18.81.060.

2.

In-lieu fees have been paid as calculated pursuant to Section 18.81.060.

3.

Financial security in an amount equal to the acquisition and installation cost of an approved works of art as calculated pursuant to Section 18.81.060 and in a form approved by the City Attorney have been posted.

4.

An approved work of art has been donated and accepted by the City pursuant to Section 18.81.100.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

18.81.060 - Art in public places program requirements.

A.

Public Art Requirement. The developer shall acquire and install art on or in the vicinity of the development project, which shall be in a public place, in accordance with provisions of this Chapter. The value of the art shall be at least as follows:

1.

The cost of art for all new development projects (except single-family residential) shall be equal to at least one percent of the estimated total building valuation.

2.

The cost of the work of art for development projects that are single-family residential development must be equal to at least one-half percent of the estimated total building valuation.

B.

Monetary Contribution In Lieu of Public Art. In lieu of acquiring and installing art on or in the vicinity of the development site in a public place pursuant to Subsection A. of this Section, the developer may elect to make a monetary contribution to the public art fund as follows:

1.

In the amount of at least one percent fee of the total estimated construction cost for all new development except single-family residential.

2.

In the amount of at least one-half percent fee of the total estimated construction cost for new single-family residential development.

C.

If the developer chooses to pay the in lieu fee, payment in full shall be required at the same time as when all other fees are due on any development processed through the City or upon completion of the project, whichever occurs first.

D.

Nothing in this Section shall prohibit the developer from placing an approved work of art with a value, including acquisition and installation costs, totaling an amount less than the art in public places program allocation provided for in this Section, provided that, in that event, the developer shall also pay into the public art fund an amount equal to the difference between the art in public places program allocation and the value, including costs of acquisition and installation, of the work of art placed. This Subsection D shall not apply to industrial development projects.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

18.81.070 - Public art fund.

A.

Public art fund created.

1.

The City Manager is hereby directed to create a special interest- bearing fund entitled public art fund, or other appropriate accounting mechanism.

2.

The City Manager shall administer the public art fund.

B.

Placement and use of funds in public art fund.

1.

All amounts collected from the in lieu fee collected pursuant to Subsection 18.81.060(B) shall be placed in said public art fund and expended by the City Manager solely for the costs associated with projects that result in the creation, purchase, installation, security, or maintenance of art in public spaces.

2.

Furnishings or fixtures affixed to the building or its grounds, including architectural features of the building or landscaping that have been uniquely enhanced to be visually appealing, may qualify as art. Works of art may be temporary as well as permanent.

When selecting the location for art purchased though the public art fund, preference shall be given to publicly accessible public places. This would include libraries, parks, office buildings, sidewalks, traffic islands, lobbies, plazas, adjacent open spaces or exterior treatment of publicly owned buildings shall be potential sites, but the offices themselves of publicly owned buildings shall not be considered acceptable sites.

4.

Location and art purchased through the public art fund shall be reviewed by the Planning Commission with recommendation to the City Council for final approval.

5.

Recommendations for installations may be requested from the Parks and Recreation Committee, the Art Committee, the Planning Commission, the City Council, or other City committee.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

All works of art installed pursuant to this Chapter on private property shall remain the property of the owner of a site for which the final building permit or certificate of occupancy related to the development project was obtained and the owner's successors and assigns, which property owner must provide all maintenance necessary to preserve and maintain the works of art in good condition and in the manner approved by the City.

1.

Title to all works of art required by and installed pursuant to this Section on private property shall be vested in the owner thereof and pass to the successive owners of the development project.

2.

Prior to placement of the work of art, the owner of the subject private property shall execute and record a covenant, agreement, or other instrument, in the form approved by the City Attorney, setting forth a description of the work of art and acknowledging the obligation of the owner of the subject site to repair and maintain the work of art. This document shall run with the land and provide notice to future property owners of the obligation to repair and maintain the work of art and of certain limitations related to any Federal, State, or local requirements governing the rights of the artist, including but not limited to right regarding the alteration, modification or relocation of subject work of art.

3.

Each successive owner shall be responsible for the custody, protection, repairing, restoring, maintenance, or reacting the work of art in the event of physical defacement, mutilation, alteration or destruction, and securing and maintaining insurance coverage in an amount to be approved by the City for: fire, flood, wind, earthquake and natural disaster, vandalism and extended liability.

4.

Any time the City determines that the work of art has not been maintained in substantial conformity with the manner in which it was originally approved, the City may require the current property owner to maintain, repair, restore, or replace the work of art.

5.

Failure to maintain the work of art as provided in this Chapter is declared to be a public nuisance and may be abated as such pursuant to applicable provisions of the City Code.

B.

Art donated to and accepted by the City or installed on public property and accepted by the City is owned by the City and maintenance, removal or protection thereof is the responsibility of the City.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

18.81.090 - Procedures for art installed on private property; review process and standards.

An application for placement of art on private property shall be submitted to the Director and shall include the following information, at minimum:

A.

The developer shall submit a narrative proposal and artistic rendering of the proposed work of art in satisfaction of the requirements imposed by this Section, including any additional information, plans or maps prescribed by the Director at the time of submission of their development application, or indicate an intention to pay the in lieu fees. The application shall also comply with the requirements of Section 18.81.110.

B.

The proposal for the work of art shall be considered as an element of the site and architectural design review process, pursuant to the Chapter 18.63.

C.

The approval of all works of art to be created, purchased, installed, secured and maintained under this Section shall require a review and approval of the City Planning Commission.

D.

The decision of the Planning Commission shall be final unless appealed to the City Council, pursuant to Chapter 18.63.

E.

Review of all proposed works of art shall be considered based on the following criteria:

Conceptual compatibility of the design with the immediate environment of the site.

2.

Appropriateness of the design to the function of the site.

3.

Compatibility of the design and location within a unified design character or historical character of the site.

4.

Creation of an internal sense of order and a desirable environment for the general community by the design and location of the work of art.

5.

Preservation and integration of natural features with the project.

6.

Consideration should be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, excessive maintenance, and repair cost.

7.

Representation of a broad variety of tastes within the community and the provision of a balanced inventory of art in public places to ensure a variety of style, design and media throughout the community that will be representative of the eclectic tastes of the community.

8.

Works of arts and art places should be appropriate in scale, form, and content for the immediate, general, social, and physical environments with which they relate.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

Art Donated as Part of a Development Project.

1.

In the event a developer elects to donate the work of art to the City pursuant to this Chapter as part of a development project, an application for acceptance of works of Art to be donated to the City (including for such works of art to be placed on public property, as applicable) shall be submitted to the Director and comply with the requirements of Section 18.81.110. This application shall be submitted at the same time as the developer's application for the development project.

2.

The application shall also include a written agreement, in form approved by the City Attorney, executed by or on behalf of the artist who created the art, which expressly waives his/her rights under the California Art Preservation Act or other applicable law.

3.

The proposal for the work of art shall be considered as an element of the site and architectural design review process, pursuant to Chapter 18.63.

4.

The Director shall review the application submitted pursuant to this Section and provide a recommendation to the Planning Commission. The Planning Commission shall consider and may either accept (or conditionally accept) or deny the proposed work of art. Review of all proposed works of art shall be considered based on the criteria provided in Subsection 18.81.090(E). The decision of the Planning Commission shall be final unless appealed to the City Council, pursuant to Chapter 18.63.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

18.81.110 - Application submittal requirements.

A.

Any works of art being donated or placed on public or private property pursuant to this Chapter shall be one-of-a-kind piece. The application shall include:

1.

Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed works of art.

2.

An appraisal or other evidence of the value of the proposed works of art, including acquisition, and installation cost.

3.

Preliminary plans shall contain detail information of the works of art, location, and compatibility with the proposed development. The works of art shall be an integral part of the landscaping and/or architecture of the building, including compatibility with the character of adjacent conforming development parcels and existing neighborhoods if necessary to evaluate the proposal.

4.

A narrative statement to demonstrate that the works of art will be displayed in an area open and freely available to the general public, or otherwise provide public accessibility in an equivalent manner based on the characteristics of the works of art or its placement on the site.

5.

Other information as may be required by the Director to adequately evaluate the proposed donation of public art.

B.

If the work of art is to be donated to the City, an appraisal or other evidence of the value of the proposed work of art, including acquisition and installation costs.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

A.

If, for any reason, the current owner or successor in interest shall choose to replace any work of art installed pursuant to this Section, the following requirements shall be met before the art is replaced:

1.

The replacement of the work of art must go through the site review process established above, unless the replacement will be identical to the existing works of art and in the same location.

2.

The cost of the replacement shall be equal to, or greater than, the initial cost of the existing work of art to be removed adjusted for time.

3.

The location of the replacement work of art shall be located in a public place and meet the requirement for public visibility in effect at the time of the replacement.

4.

The replacement of the work of art shall conform, in every respect, to all standards in effect at the time of the replacement.

5.

The replacement work of art, location and installation shall violate no other ordinance.

6.

The replacement work of art shall be installed within 180 days of the removal of the existing work of art piece unless the period is extended by the Director.

7.

The owner may choose to pay an in lieu fee equivalent to the cost of the replacement of the existing work of art as calculated in Section 18.81.060.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

The City Manager shall annually prepare and present a report to the City Council indicating the amount of revenues accumulated in the art in public places fund and the expenditures made by the City in the preceding fiscal year.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

Fees collected pursuant to this Section do not replace existing development fees or other charges or limit requirements or conditions to provide additional mitigation of impacts imposed upon development projects as part of the normal development review process.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

The City Manager may request that the City Council exclude certain capital improvement projects from the provisions of this ordinance by the passage of a resolution authorizing such a waiver.

(Ord. No. 343, § 5(Exh. A), 11-8-2022)

Chapter 18.82 - STANDARDS FOR SPECIFIED LAND USES AND ACTIVITIES

A.

Purpose. This Section provides standards for the establishment and operation of residential care facilities.

B.

Applicability. The standards in this Chapter apply to residential, group or community care facilities where allowed in compliance with Chapter 18.10 (Residential Zones).

C.

Development and Operational Standards.

1.

Residential Care Facilities Serving Six or Fewer Persons. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located.

Residential Care Facilities Serving Seven or More Persons.

a.

Applicable Land Use Zoning District Development Standards. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located.

b.

Additional Application Filing Requirements. The following information shall accompany the conditional use permit application for a residential care facility:

i.

Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.);

ii.

Maximum number of occupants and hours of facility operation;

iii.

Term of client stay;

iv.

Support services to be provided on-site and projected staffing levels; and

v.

Rules of conduct and/or management plan.

c.

Separation. Residential care facilities shall not be located within 300 feet of another similar facility, except that the separation requirement shall be increased to 1,000 feet, as measured from the nearest outside building walls where the other use is a parolee/probationer or sober living home.

d.

Walls. Residential care facilities shall provide a six-foot high solid decorative block wall along all property lines, except in the front yard. Walls shall provide for safety with controlled points of entry and shall incorporate decorative materials and features.

e.

Landscaping. On-site landscaping shall be regularly maintained, including providing irrigation.

f.

Outdoor Lighting. Outdoor lighting shall comply with Chapter 18.60 (Off-Street Parking).

g.

Parking. All garage and driveway spaces associated the facility shall, at all times, be available for the parking of vehicles. The precise number of parking spaces required will be determined by the operating characteristics of the specific proposal.

h.

Signs. No commercial identification signs shall be allowed within a residential land use zoning district.

i.

Sleeping Areas. No room commonly used for other purposes shall be used as a sleeping room for any resident, visitor, or staff person. This includes any hall, stairway, unfinished attic, garage, storage area, shed or similar detached building.

j.

Fire Department Requirements. Each residential care facility shall provide fire extinguishers and smoke detector devices and shall meet all standards established by the Fire Chief.

k.

Noise. Outdoor activities shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m.

l.

Applicable Health and Safety Regulations. Residential care facilities shall be operated in compliance with applicable State and local health and safety regulations.

m.

Required Permits and Licenses. Residential care facilities shall be in conformance with the California Building Code. A certificate of occupancy shall be obtained from the Building and Safety Division before occupancy of residential care facilities.

(Ord. No. 264, § 25, 6-12-2012)

A.

In addition to the requirements for a conditional use permit and Section 18.82.010 (Residential care facilities) single room occupancy uses shall comply with the following:

1.

Occupancy. No more than one Federal, State or youth authority parolees shall be allowed to live in the single room occupancy facility.

2.

Number of Occupants. The California Building Code shall determine the number of occupants in single room occupancy facility.

3.

Application. The conditional use permit application submitted for the use shall identify whether any tenants are currently Federal, State or youth authority parolees. Owners and or operators of approved single room occupancy facilities shall update the information required by this Section anytime a person that is a Federal, State or youth authority parolee is provided accommodations at a single room occupancy facility.

4.

Crime Prevention Program. The operator of a single room occupancy facility shall require tenants to sign a crime free lease addendum as part of their lease or rental agreement. A sample crime free lease addendum shall be provided by the City. The crime free lease addendum shall provide that any criminal violations perpetrated by tenants shall be grounds for termination of the written or oral lease sublease or agreement under which they reside at the transitional facility.

5.

Crime Free Multi-Housing Program. The facility's management shall participate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the City or the County of San Bernardino and as required under the conditional use permit. If the program offers certification then that certification shall be obtained and maintained in current status.

6.

Compliance. Single room occupancy facilities shall be in compliance with all requirements of the City Zoning Code and their approved conditional use permit at all times. Violation of any local, State or Federal laws by individual tenants while on the premises shall be grounds for revocation of the permit, including but not limited to, violations of California Penal Code § 3003.5.

7.

Nuisance. No single room occupancy facility shall be maintained as a nuisance.

8.

Revocation. Violations of any of the provisions in this Section or the approved conditional use permit authorizing the single room occupancy facility shall be grounds for revocation. The procedures for revocation contained in Chapter 18.83 of this Title shall be followed.

(Ord. No. 298, § 14, 10-11-2016)

Editor's note— Ord. No. 298, § 14, adopted October 11, 2016, amended Section 18.82.020 in its entirety to read as herein set out. Formerly, Section 18.82.020 pertained to transitional and supportive housing, and single room occupancy facilities, and derived from Ord. No. 264, § 25, adopted June 25, 2012.

18.82.030 - Zoning and land use standards for tobacco stores and smoke shops.

A.

Purpose. The regulation of tobacco retailers is necessary and in the interests of the public health, safety and general welfare because there is the substantial likelihood of the establishment and operation of tobacco retailers in the City. The proliferation of tobacco retailers in the City would result in undesirable impacts to the community. Among these impacts are increased potential for tobacco sales to minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses. This Section contains amendments consistent with good zoning and planning practices to address such negative impacts of tobacco retailers while providing a reasonable number of locations and zones for such uses to locate within the City.

B.

Definitions.

1.

"Amusement device" shall mean any device, whether mechanical, electrical, electronic, computerized, or similar object, which by payment of a fee, or insertion of a coin or token, may be operated for the primary purpose of amusement. The term amusement machine does not include any device or object the primary purpose of which is to play music.

2.

"Ancillary sale" shall mean where a grocery store, supermarket, convenience store or other similar market uses no more than five percent of its gross floor area, or 250 square feet, whichever is less for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars cigarettes, e-cigarettes or tobacco. For any grocery store, convenience market, retail kiosk or similar use consisting of 250 square feet or less, "ancillary sale" shall mean where no more than five square feet are used for the display sale, distribution, deliver, offering, furnishing or marketing of conventional cigars cigarettes, e-cigarettes or tobacco. The display, sale, distribution, delivery, offering, furnishing, or marketing of any other tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restrictions of this Chapter and shall not constitute "ancillary sale" under any circumstance.

3.

"Electronic cigarette" means an electronic and/or battery operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vapor cigarette or any other product name or descriptor.

"Electronic cigarette retailer" means any establishment that sells electronic cigarettes.

5.

"Tobacco paraphernalia" shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in California Health and Safety Code Section 11054 et seq. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia

6.

"Tobacco products" means any substance containing the tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product of formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the

expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

7.

"Tobacco store and smoke shop" means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, tobacco related products, electronic smoking devices, or tobacco paraphernalia; provided however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes, e-cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restrictions in this Chapter.

8.

"Vapor lounge" means any establishment that sells electronic cigarettes for consumption on site.

C.

Prohibition. The establishment of a vapor lounges and hookah lounges are prohibited in the City.

D.

Zoning. Notwithstanding any other provision of this Title to the contrary, smoke shops and tobacco stores shall be subject to a standard conditional use permit and only within the following zones, subject to the regulations contained in this Chapter:

1.

C2 General Commercial

CM Commercial Manufacturing

3.

BRSP-General Commercial

4.

BRSP-Village Commercial

E.

Locational standards.

1.

Smoke shops and tobacco stores shall not be located within 1,000 feet, measured property line to property line, from a public school, child care facility, park, library, or community center.

2.

Smoke shops and tobacco stores shall not be located within 1,000 feet, measured property line to property line, from another smoke shop and tobacco store.

F.

Development and Operational Standards. Standard conditions of approval for any conditional use permit shall, at a minimum, include the following

1.

Minors, not accompanied by his or her parent or legal guardian, shall not be allowed or permitted to enter or remain within any smoke shop and tobacco store.

2.

Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.

3.

No smoking shall be permitted on the premises at any time.

4.

No sales may be solicited or conducted on the premises by minors.

5.

No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.

6.

There shall be no obstructions within the storefront windows and doors which would hinder visual surveillance of the interior of the tenant space from the outside of the premises during operating hours. Obstructions would include signage, window tint, window coverings, advertisements, etc.

7.

The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity.

8.

Food for consumption is not permitted on the premises.

9.

No alcoholic beverages shall be sold or consumed on the business premises.

10.

No amusement devices, shall be permitted anywhere within the business.

(Ord. No. 302, § 4, 1-10-2017)

Chapter 18.83 - CONDITIONAL USE PERMITS

Sections:

The purpose of this Chapter is to establish the Planning Commission's authority to issue and revoke conditional use permits in order to ensure the community's health, safety and welfare by reviewing uses which may create objectionable or undesirable effects upon nearby uses, but may still be compatible with the property's zoning.

(Ord. 126 § 2, Exh. A(part), 1990)

Conditional use permits may be issued by the Planning Commission for any of the uses or purposes for which such permits are required by the terms of this Title. Such conditional use permits shall be revocable, may be subject to conditions of approval and may be valid only for a specific period of time, in case the Planning Commission desires to set an expiration date.

(Ord. 139(part), 1992: Ord. 126 § 2, Exh. A(part), 1990)

Applications for a conditional use permit shall be submitted to the planning department. The planning director shall review each application and determine its completeness. Upon determination that an application is complete, the application shall be scheduled for a public hearing consideration by the planning commission. An application for a conditional use permit shall consist of the following.

A.

Completed application form;

B.

Site plan, 25 blueline copies plus one blueline copy colored for presentation purposes. The site plan shall be a fully dimensioned drawing clearly showing:

1.

All buildings, property lines and easements;

2.

All parking spaces, driveways and drive aisles;

3.

All landscaped areas;

4.

All walls and fences;

5.

Location of all signs;

6.

Public improvements to the street centerline;

7.

Site address and assessor's parcel number;

8.

Property owner name and address;

9.

Number of lots and their sizes (in square feet);

North arrow, graphic and numeric scales;

C.

Floor plans, 25 blueline copies plus one blueline copy colored for presentation purposes. The floor plans shall be scaled, dimensioned drawings of each floor of each structure showing all existing and proposed interior improvements.

D.

Three hundred foot radius map, property owner mailing list keyed to the radius map and a signed mailing list affidavit.

E.

Application fee.

The Planning Director may require additional information or delete certain requirements from an application depending on the specific situation.

(Ord. 126 § 2, Exh. A(part), 1990)

In granting a conditional use permit, the Planning Commission shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application, or such modifications thereof as may be deemed necessary. Conditions imposed may include, but are not limited to, the following:

1.

Setbacks, yard areas and open spaces;

2.

Fences, walls and screening;

3.

Parking, parking areas and vehicular ingress and egress;

4.

Landscaping and maintenance of landscaping and grounds;

5.

Regulation of signs;

6.

Control of noise, vibration, odors and other potentially dangerous or objectionable elements, activities or uses;

7.

Limits on hours of operation or duration of approval; and

8.

Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this title.

(Ord. 139(part), 1992)

Revisions or modifications of conditional use permits may be requested by the applicant. Further, the Planning Commission may periodically review, modify or revoke a conditional use permit.

1.

Revisions or Modifications Requested by Applicant. A revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensity or hours or operation may be requested by an applicant. The requested revision or modification shall be processed in the same manner as the original conditional use permit.

2.

Review by Planning Commission. The Planning Commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. At such public hearing, the Planning Commission may modify or revoke the permit pursuant to Section 18.83.080.

(Ord. 139 (part), 1992)

The Planning Commission shall hold a public hearing on any proposed conditional use permit and shall notice said hearing in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

18.83.050 - Approval process.

The Planning Commission, after holding a public hearing and considering the proposed use, shall make its determination. The Planning Commission shall approve the application only if it finds:

A.

The proposed use will not be:

1.

Detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City;

2.

Injurious to property or improvements in the neighborhood or within the City;

B.

The proposed use will be consistent with the latest adopted general plan.

C.

Conditions necessary to secure the purposes of this Chapter are made a part of the conditional use permit.

(Ord. 126 § 2, Exh. A(part), 1990)

The decision of the Planning Commission shall be final unless appealed to the City Council within ten calendar days. Such an appeal may be made by the applicant, any member of the City Council or any other interested person.

A.

An appeal of a Planning Commission decision shall be made in the following manner:

1.

Filing with the City Clerk's office a completed application for appeal.

2.

Payment of the appropriate appeal fee.

B.

After accepting an application for appeal, the City Clerk shall set a date for the City Council to hear the appeal. Notices of the appeal shall be given to the applicant, the Planning Commission and the appellant. The notice shall also be provided in accordance with Section 18.83.040 (Public hearing) of Chapter 18.83 (Conditional use permit).

C.

The Planning Commission shall submit a report to the City Council containing the reasons for the Commission's decision and the minutes of its meeting regarding the appealed decision.

D.

The City Council shall hear the appeal and make its own determination regarding the application and its consistency with this Title and the general plan. Upon such determination, the City Council shall uphold, modify or reverse the Planning Commission's decision. If during the City Council's hearing of the appeal, new information is provided that was not considered by the Planning Commission, the City Council may refer the application back to the Planning Commission for reconsideration of the application with the new information.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

After the appropriate appeal period has ended or after a final determination is made by the City Council, the applicant may submit for a business license and/or a building permit.

A.

An application for a building permit shall include three sets of the approved site plan and floor plans, each set shall be approved and signed by the Planning Director and shall have attached to it a copy of any conditions of approval required by the Planning Commission or the City Council. Two of the required sets of plans shall be submitted to the Department of Building and Safety along with the appropriate construction specification plans for the approved project. The third set shall be kept on file in the Planning Department. The Department of Building and Safety shall then prepare the appropriate permits in accordance with all applicable State and local codes.

B.

An application for a business license shall be processed through the Finance Department. An application for a business license shall be signed by the Planning Director indicating the proposed use's compliance with this Title. A copy of any conditions of approval required by the Planning Commission or the City Council shall be attached to the business license.

(Ord. 126 § 2, Exh. A(part), 1990)

Any conditional use permit granted in accordance with this Title may be revoked if any of the following actions occur:

A.

Any violation of a conditional use permit's required condition of approval;

B.

Any Federal, State or local law or ordinance is violated in connection with a conditionally permitted use.

The Planning Commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). After conducting the public hearing the Planning Commission shall make a recommendation to the City Council regarding revocation of the conditionally permitted use. After receiving the Planning Commission's recommendation, the City Council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject conditional use permit.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

The Planning Commission may allow a use to operate in a location for the duration of the continued use or may allow it with a specified expiration date. The following regulations are for both types of conditional use permits:

A.

Permanent Conditional Use Permit. The Planning Commission allows a particular use to be on a particular location subject to conditions of approval. No expiration time is set.

1.

Compliance Period. The approval of a permanent conditional use permit application shall automatically expire one year from the date of its approval unless:

a.

All conditions of approval are met; or

b.

Sufficient investment has been completed and building permits are issued; or

c.

Business license is issued in accordance with the Grand Terrace Municipal Code.

In case the applicant is not able to comply with subsections a, b or c, then the applicant shall apply for an extension of the one-year compliance period prior to the end of that year period. The Planning Director may, upon application by the applicant, extend the compliance period for a specific length of time up to one year. Two extensions are the maximum allowed.

B.

Conditional Use Permits With Expiration Date. The Planning Commission sets an expiration date for the proposed use. In this case, no extensions are permitted. If the applicant desires to continue operation of

the project after expiration, the applicant shall be required to file a new application for a conditional use permit.

(Ord. 139(part), 1992: Ord. 126 § 2, Exh. A(part), 1990)

Chapter 18.84 - ADMINISTRATIVE CONDITIONAL USE PERMITS

Sections:

The purpose of this Chapter is to establish the Community and Economic Development Director's authority to issue administrative conditional use permits without setting the matter for a public hearing in order to expedite certain minor conditional uses to both further the economic goals of the City and protect the community's health, safety and welfare.

(Ord. 192 § 1 (part), 2000)

An "administrative conditional use permit" means the administrative review, approval or denial by the Community and Economic Development Director without setting a public hearing for those uses requiring a conditional use permit and meeting the criteria as specified by this Chapter.

(Ord. 192 § 1 (part), 2000)

The Community and Economic Development Director is authorized to consider and to approve, disapprove or modify applications for any of the uses or purposes for which such permits are required by the terms of this Title and meet the criteria as established by this Chapter. Such administrative conditional use permits shall be revocable, may be subject to conditions of approval and may be valid only for a specific period of time in case the Director desires to set an expiration date.

(Ord. 192 § 1(part), 2000)

Applications for an administrative conditional use permit shall be submitted to the Community and Economic Development Department. The Community and Economic Development Director shall review each application and determine its completeness in accordance with state law. In addition, an application for a conditional use permit shall consist of the following:

A.

Completed application form.

B.

Letter of intent to describe the type of business and to establish current level of intensity of activities, i.e., traffic, hours of operation, number of employees, noise levels, etc.

C.

Site plan, ten copies. The site plan shall be drawn at an appropriate scale and shall be a fully dimensioned drawing clearly showing:

1.

All buildings, property lines and easements.

2.

All parking spaces, driveways and drive aisles.

3.

All landscaped areas, existing and proposed.

4.

All walls and fences.

5.

Site address and assessor's parcel number.

6.

North arrow, graphic and numeric scales.

D.

Floor plans, ten copies. The floor plans shall be scaled, dimensioned drawings of each floor of each structure showing all existing and proposed interior improvements.

E.

Application fee as required by the City's fee ordinance (Title 4 Comprehensive Fee Schedules, Fines and Taxes).

F.

The Community and Economic Development Director may require additional information or delete certain requirements from an application depending on the specific situation.

(Ord. 192 § 1(part), 2000)

18.84.050 - Criteria for administrative conditional use permit.

Any use in this Title requiring a conditional use permit may be approved by the Community and Economic Development Director as an administrative conditional use permit if it complies with the following criteria:

A.

The proposed use will be located in an existing building, old and new.

B.

The proposed use shall not exceed 2,000 square feet in size.

C.

All applicable zoning regulations and standards will be met including off-street parking and signage.

D.

All potential adverse impacts will be fully mitigated following review by the appropriate agencies such as fire, health, air quality and sheriff to insure that this requirement will be met.

E.

The proposed use must qualify for a "categorical exemption" under the California Environmental Quality Act or otherwise be cleared by the responsible environmental agency, i.e., County of San Bernardino Health and/or Hazardous Division.

(Ord. 192 § 1(part), 2000)

In granting an administrative conditional use permit, the Community and Economic Development Director shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application, or such modifications thereof as may be deemed necessary. In addition, the conditions of approval may include, but are not limited to those items listed in Section 18.83.031 of this Title.

(Ord. 192 § 1 (part), 2000)

Revisions or modifications of administrative conditional use permits may be requested by the applicant. Further, the Community and Economic Development Director may periodically review or modify an administrative conditional use permit. Such revisions or modifications shall be subject to the following provisions:

A.

Revisions or Modifications Requested by the Applicant. A revision or modification to an approved administrative conditional use permit such as, but not limited to, change in conditions, expansions, intensity or hours of operation may be requested by the applicant. The requested revision or modification

shall be processed in the same manner as the original administrative conditional use permit as long as the request meets the criteria of Section 18.84.50 of this Chapter.

B.

Review by the Community and Economic Development Director. The Community and Economic Development Director may periodically review any administrative conditional use permit to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If after the Director's review, if warranted, the matter may be referred to the Planning Commission for additional review. If after the Planning Commission's review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. At such public hearing, the Planning Commission may modify or revoke the permit pursuant to Section 18.83.080 of this Title.

(Ord. 192 § 1(part), 2000)

Following the submittal of an application for an administrative conditional use permit, the Community and Economic Development Director shall route the plans submitted to all reviewing agencies and shall mail notices of the proposal to the adjacent property owners requesting that any comments be submitted to the City within two weeks.

(Ord. 192 § 1(part), 2000)

Following the submittal of an application for an administrative conditional use permit and once an application is deemed complete, it shall be approved, denied or modified by the Community and Economic Development Director. The Director shall approve the application only if he/she finds:

A.

The proposed use will not be:

1.

Detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City.

2.

Injurious to property or improvements in the neighborhood or within the City.

B.

The proposed use will be consistent with the City's general plan.

C.

The proposed use meets the criteria for an administrative use as listed in Section 18.84.50 of this Chapter.

D.

Conditions necessary to secure the purposes of this Chapter are made a part of the administrative conditional use permit.

(Ord. 192 § 1(part), 2000)

Any item which could not be satisfactorily reviewed at the Director's level may be subject to referral and review by the Planning Commission at the discretion of the Community and Economic Development Director. In addition, the Community and Economic Development Director's decisions shall be final unless

appealed to the Planning Commission within ten calendar days of the date of the letter informing the applicant of the Director's decision. Appeals shall be filed with the Community and Economic Development Department and shall follow similar rules as the appeals to the City Council under Section 18.83.060 of this Title.

(Ord. 192 § 1(part), 2000)

Any administrative use permit granted in accordance with this Title may be revoked if any of the following actions occur:

A.

Any violation of an administrative conditional use permit's required condition of approval.

B.

Any Federal, State or local law or ordinance is violated in connection with an administratively conditionally permitted use.

The Planning Commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). After conducting the public hearing the Planning Commission shall make a recommendation to the City Council regarding the revocation of the administrative conditionally permitted use. After receiving the Planning Commission's recommendation, the City Council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject administrative conditional use permit.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 192 § 1(part), 2000)

The Community and Economic Development Director may allow an administrative conditional use to operate in a location for the duration of the continued use or may allow it with a specific expiration date. The following regulations are for both types of conditional use permits:

A.

Permanent Administrative Conditional Use Permit. The Community and Economic Development Director allows a particular administrative conditional use to be on a particular location subject to conditions of approval. No expiration time is set.

1.

Compliance Period. The approval of a permanent administrative conditional use permit application shall automatically expire one year from the date of its approval unless:

a.

All conditions of approval have been met, or

b.

Sufficient investment has been completed and building permits are issued, or

c.

A business license is issued in accordance with the Grand Terrace Municipal Code.

In case the applicant is not able to comply with sections a, b, or c of the aforementioned section, then the applicant shall apply for an extension of the one-year compliance period prior to the end of that one-year period. The Community and Economic Development Director may extend the compliance period for a specific length of time up to one year. Two extensions are the maximum allowed.

B.

Administrative Conditional Use Permits With an Expiration Date. If the Community and Economic Development Director has set a specific expiration date for the proposed use, no extension will be permitted. If the applicant desires to continue operation of the use after the expiration date, the applicant shall be required to file a new application for an administrative conditional use permit or other appropriate application.

(Ord. 192 § 1(part), 2000)

Chapter 18.86 - VARIANCES

Sections:

The purpose of this Chapter is to establish the Planning Commission's authority to grant a variance from the strict enforcement of this Title when conditions warrant such a variance.

(Ord. 126 § 2, Exh. A(part), 1990)

18.86.020 - Application.

A variance from the regulations established in this Title may be granted by the Planning Commission. Such a variance shall be revocable and may be subject to conditions of approval.

(Ord. 126 § 2, Exh. A(part), 1990)

Applications for a variance shall be submitted to the Planning Department. The Planning Director shall review each application and determine its completeness. Upon determination that an application is complete, the application shall be scheduled for a public hearing and consideration by the Planning Commission. An application for a variance shall consist of the following:

A.

Completed application form;

B.

Site plan, 25 blueline copies plus one blueline copy colored for presentation purposes. The site plan shall be a fully dimensioned drawing clearly showing:

1.

Variance(s) requested,

2.

All buildings, property lines and easements,

3.

All parking spaces, driveways and drive aisles,

4.

All landscaped areas,

5.

All walls and fences,

6.

Location of all signs,

7.

Public improvements to the street centerline,

8.

Site address and assessor's parcel number,

Property owner name and address,

10.

Number of lots and their sizes (in square feet),

11.

North arrow, graphic and numeric scales;

C.

Floor plans, 25 blueline copies plus one blueline copy colored for presentation purposes. The floor plans shall be scaled, dimensioned drawings of each floor of each structure showing all existing and proposed interior improvements;

D.

Three hundred foot radius map, property owner mailing list keyed to the radius map and a signed mailing list affidavit;

E.

Application fee. The Planning Director may require additional information or delete certain requirements from an application depending on the specific situation.

(Ord. 126 § 2, Exh. A(part), 1990)

The Planning Commission shall hold a public hearing on any proposed variance and shall notice said hearing in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

The Planning Commission, after holding a public hearing and considering the proposed variance, shall make its determination. The Planning Commission shall approve the application only if it finds:

A.

A special circumstance regarding the size, shape, topography, location or surroundings of the subject property exists;

B.

Because of the special circumstance, the strict application of the zoning ordinance deprives the subject property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

C.

The granting of the variance will not constitute the grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the property is situated;

D.

The granting of the variance will not authorize a use or activity which is not otherwise expressly authorized by the district governing the parcel of property;

E.

The granting of the variance will not result in a situation inconsistent with the latest adopted general plan;

F.

Conditions necessary to secure the above findings are made a part of the approval of the variance.

(Ord. 126 § 2, Exh. A(part), 1990)

18.86.060 - Appeal process.

The decision of the Planning Commission shall be final unless appealed to the City Council within ten calendar days. Such an appeal may be made by the applicant, any member of the City Council or any other interested person.

A.

An appeal of a Planning Commission decision shall be made in the following manner:

1.

Filing with the City Clerk's office a completed application for appeal;

2.

Payment of the appropriate appeal fee.

B.

After accepting an application for appeal, the City Clerk shall set a date for the City Council to hear the appeal. Notices of the appeal shall be given to the applicant, the Planning Commission and the appellant. The notice shall be provided in accordance with Section 18.86.040 (Public hearing) of Chapter 18.86 (Variances).

C.

The Planning Commission shall submit a report to the City Council containing the reasons for the Commission's decision and the minutes of its meeting regarding the appealed decision.

D.

The City Council shall hear the appeal and make its own determination regarding the application and its consistency with this Title and the general plan. Upon such determination, the City Council shall uphold, modify or reverse the Planning Commission's decision. If during the City Council's hearing of the appeal, new information is provided that was not considered by the Planning Commission, the City Council may refer the application back to the Planning Commission for reconsideration of the application with the new information.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

After the appropriate appeal period has ended or after a final determination is made by the City Council, the applicant may submit for a building permit. An application for a building permit shall include three sets of the approved site plan and floor plans, each set shall be approved and signed by the Planning Director and shall have attached to it a copy of any conditions of approval required by the Planning Commission or the City Council. Two of the required sets of plans shall be submitted to the Department of Building and Safety along with the appropriate construction specification plans for the approved project. The third set shall be kept on file in the Planning Department. The Department of Building and Safety shall then prepare the appropriate permits in accordance with all applicable State and local codes.

(Ord. 126 § 2, Exh. A(part), 1990)

Any variance granted in accordance with this Title may be revoked if any of the following actions occur.

A.

Any violation of a condition of approval required for the variance;

B.

Any Federal, State or local law or ordinance is violated in connection with a variance.

The Planning Commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). After conducting the public hearing the Planning Commission shall make a recommendation to the City Council regarding revocation of the variance. After receiving the Planning Commission's recommendation, the City Council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject variance.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

The approval of a variance application shall expire one year from the date of its approval unless either of the following actions occur:

A.

The applicant applies for a building permit in accordance with the approval of the variance prior to the expiration date.

B.

The applicant applies to the Planning Department for an extension of the approval prior to the expiration date.

The Planning Director may upon application by the applicant, extend the period of approval for a length of time up to one year. No approval shall be extended to a date beyond two years from the date of the initial approval.

(Ord. 126 § 2, Exh. A(part), 1990)

Chapter 18.89 - MINOR DEVIATIONS

Sections:

The purpose of this Chapter is to establish the Planning Director's authority to grant a minor deviation from the strict enforcement of this Title when conditions warrant such a deviation.

(Ord. 126 § 2, Exh. A(part), 1990)

A minor deviation from the regulations established in this Title may be granted by the Planning Director. Such a deviation shall be revocable and may be subject to conditions of approval.

(Ord. 126 § 2, Exh. A(part), 1990)

Applications for a minor deviation shall be submitted to the Planning Department. The Planning Director shall review each application and determine its completeness. Upon determination that an application is complete, the application shall be reviewed by the Planning Director in accordance with this Chapter and Title. An application for a minor deviation shall consist of the following:

A.

Completed application form;

B.

Site plan, five blueline copies. The site plan shall be a fully dimensioned drawing, clearly showing:

1.

Minor deviation(s) requested,

2.

All buildings, property lines and easements,

3.

All parking spaces, driveways and drive aisles,

4.

All landscaped areas,

5.

All walls and fences,

6.

Location of all signs,

7.

Public improvements to the street centerline,

8.

Site address and assessor's parcel number,

9.

Property owner name and address,

10.

Number of lots and their sizes (in square feet);

11.

North arrow, graphic and numeric scales.

C.

Floor plans, five blueline copies. The floor plans shall be scaled, dimensioned drawings of each floor of each structure showing all existing and proposed interior improvements;

D.

Application fee.

The Planning Director may require additional information or delete certain requirements from an application depending on the specific situation.

(Ord. 126 § 2, Exh. A(part), 1990)

The Planning Director sitting as the City's Zoning Administrator shall, notwithstanding any other provisions of this Title, when in the public interest, without notice or public hearing, approve, conditionally, deny or refer to the Planning Commission requests to modify the following requirements of this Title.

A.

Off-street parking requirements;

B.

Setback requirements;

C.

Lot coverage requirements;

D.

Height requirements.

A minor deviation shall not be granted for a modification which is greater than a 20 percent modification from a listed requirement of this Title.

(Ord. 126 § 2, Exh. A(part), 1990)

The Planning Director, shall investigate the facts bearing on the application so as to assure that any granting of a minor deviation is consistent with this Chapter. After such investigation, the Planning Director shall approve the application only if he/she determines that the minor deviation is in accordance with the general plan and zoning ordinance of the City.

(Ord. 139(part), 1992: Ord. 126 § 2, Exh. A(part), 1990)

The decision of the Planning Director shall be final unless appealed to the Planning Commission within ten calendar days. Such an appeal may be made by the applicant, any member of the City Council or any other interested person.

A.

An appeal of a Planning Director decision shall be made in the following manner:

1.

Filing with the Planning Department a completed application for appeal;

2.

Payment of the appropriate appeal fee.

B.

After accepting an application for appeal, the Planning Department shall set a date for the Planning Commission to hear the appeal. Notices of the appeal shall be given to the applicant and the appellant.

C.

The Planning Director shall submit a report to the Planning Commission containing the reasons for the Director's decision.

D.

The Planning Commission shall hear the appeal and make its own determination regarding the application and its consistency with this Title and the general plan. Upon such determination, the PLanning Commission shall uphold, modify or reverse the Planning commission's decision.

The Planning Commission's determination may be appealed to the wcity Council per the procedure established in Section 18.86.060 of this Title.

(Ord. 139(part), 1992: Ord. 126 § 2, Exh. A(part), 1990)

After the appropriate appeal period has ended or after a final determination is made by the Planning Commission or City Council, the applicant may submit for a building permit. An application for a building permit shall include three sets of the approved site plan and floor plans, each set shall be approved and signed by the Planning Director and shall have attached to it a copy of any conditions of approval required by the Planning Director, the Planning Commission or the City Council. Two of the required sets of plans shall be submitted to the Department of Building and Safety along with the appropriate construction specification plans for the approved project. The third set shall be kept on file in the Planning Department. The Department of Building and Safety shall then prepare the appropriate permits in accordance with all applicable State and local codes.

(Ord. 126 § 2, Exh. A(part), 1990)

18.89.080 - Revocation.

Any minor deviation granted in accordance with this Title may be revoked if any of the following actions occur:

A.

Any violation of a condition of approval required for the minor deviation.

B.

Any Federal, State or local law or ordinance is violated in connection with permitted minor deviation.

The Planning Commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). After conducting the public hearing the Planning Commission shall make a recommendation to the City Council regarding revocation of the minor deviation. After receiving the Planning Commission's recommendation, the City Council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject minor deviation.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

The approval of a minor deviation application shall expire one year from the date of its approval unless either of the following actions occur:

A.

The applicant applies for a building permit in accordance with the approval of the minor deviation prior to the expiration date.

B.

The applicant applies to the Planning Department for an extension of the approval prior to the expiration date.

The Planning Director may upon application by the applicant, extend the period of approval for a length of time up to one year. No approval shall be extended to a date beyond two years from the date of the initial approval.

(Ord. 126 § 2, Exh. A(part), 1990)

Chapter 18.90 - AMENDMENTS

Sections:

The purpose of this Chapter is to establish the procedures for amending any portion of this Title.

(Ord. 126 § 2, Exh. A(part), 1990)

This Title may be amended by changing the boundaries of districts, or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this Chapter. An amendment may be initiated by any of the following actions.

A.

An application by one or more property owners affected by the proposed amendment;

B.

By direction of the City Council;

C.

By direction of the Planning Commission.

(Ord. 126 § 2, Exh. A(part), 1990)

Applications for an amendment of this Title shall be submitted to the Planning Department. The Planning Director shall review each application and determine its completeness in accordance with Planning Department policy. Upon determination that an application is complete, the application shall be scheduled for review by the Planning Commission.

An application for amendment of this Title shall consist of the following:

A.

Completed application form;

B.

District map, 25 blueline copies plus one blueline copy colored for presentation purposes. The district map shall be a fully dimensioned, scale drawing clearly showing:

1.

Existing and proposed district boundaries,

2.

All property lines,

3.

North arrow, graphic and numeric scales;

C.

Existing and proposed text;

D.

Three hundred foot radius map, property owner mailing list keyed to the radius map and a signed mailing list affidavit;

E.

Application fee.

The Planning Director may require additional information or delete certain requirements from an application depending on the specific situation.

(Ord. 126 § 2, Exh. A(part), 1990)

18.90.040 - Planning Commission public hearing and recommendation.

The Planning Commission shall hold a public hearing on any proposed amendment and shall notice said hearing in accordance with Sections 65090 and 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).

The Planning Commission, after examination of the proposed amendment, shall make its recommendation to the City Council. The Planning Commission shall recommend approval only if it finds:

A.

The proposed amendment will not be:

1.

Detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City; or

2.

Injurious to property or improvements in the neighborhood or within the city;

B.

The proposed amendment will be consistent with the latest adopted general plan.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

Upon receiving a recommendation from the Planning Commission regarding a proposed amendment, the City Council shall act as follows:

A.

If the Planning Commission's recommendation is for approval, the City Council shall hold a public hearing on the proposed amendment. Said public hearing shall be noticed in accordance with Sections 65090 and 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). After conducting a public hearing, the City Council may approve, modify or disapprove the recommendation of the Planning Commission, provided that any modification of the proposed amendment by the City Council not previously considered by the Planning Commission during its hearing, shall first be referred back to the Planning Commission for its consideration and recommendation. Such consideration resulting from a City Council referral shall require a public hearing. Failure by the planning commission to report to the City Council on the proposed modification within 40 days, or such longer period as the City Council may designate, shall be deemed an approval of the proposed modification by the Planning Commission.

B.

If the Planning Commission's recommendation is for denial, the City Council shall not be required to take any further action, unless the applicant, any member of the City Council or any other person affected by the decision, within ten calendar days after the action of the Planning Commission, files an application for appeal, accompanied by the appropriate fee, with the City Clerk.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

The Department of Building and Safety shall not issue any building permit for the construction of any building, structure, facility or alteration, the construction of which or the proposed use of which would constitute a violation of this Title.

(Ord. 126 § 2, Exh. A(part), 1990)

Chapter 18.91 - MARIJUANA REGULATIONS[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 299, § 4, adopted November 15, 2016, repealed and reenacted Chapter 18.91 in its entirety to read as herein set out. Formerly, Chapter 18.91, §§ 18.91.010—18.91.070 pertained to similar subject matter, and derived from Ord. No. 288, § 4, adopted January 26, 2016.

The City Council hereby finds and determines that it is the purpose and intent of this Chapter to prohibit medical and non-medical commercial cannabis activity, including cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, and sale of non-medical cannabis products and medical cannabis products within the meaning of California Business and Professions Code Section 19300 et seq., and to prohibit personal marijuana cultivation outdoors, to the

extent permitted by State law, in order to promote the health, safety, morals and general welfare of the residents and the businesses within the City.

(Ord. No. 299, § 4, 11-15-2016)

A.

Nothing in this Chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act.

B.

All the provisions of this Chapter shall apply to all property, public and private, within the City.

C.

All the provisions of this Chapter shall apply indoors and outdoors.

D.

Nothing in this Chapter is intended, nor shall it be construed, to conflict with the Medical Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, or any other applicable State law.

(Ord. No. 299, § 4, 11-15-2016)

A.

"Commercial cannabis activity" shall mean the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of marijuana and marijuana products, including medical and non-medical marijuana, non-medical cannabis products and medical cannabis products within the meaning of California Business and Professions Code Section 19300 et seq.

B.

"Marijuana" shall have the same definition as that set forth in California Health and Safety Code Section 11018.

C.

"Marijuana cultivation" shall mean the planting, growing, harvesting drying or processing of marijuana plants or any part thereof for any purpose, including medical marijuana and non-medical recreational marijuana, and shall include both indoor and outdoor cultivation.

D.

"Medical marijuana" shall mean marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5.

E.

"Operation" means any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet or assist in the operation of commercial cannabis activity.

F.

"Person" means any person, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer or salesperson.

(Ord. No. 299, § 4, 11-15-2016)

18.91.040 - Commercial cannabis activity prohibited.

A.

Commercial cannabis activity by any person, including primary caregivers, qualified patients and dispensaries, is prohibited in all zoning districts within the City.

B.

Delivery of all marijuana and marijuana products, to locations within City, whether for medical or nonmedical use, is prohibited.

C.

Outdoor marijuana cultivation by any person, including primary caregivers and qualified patients, for any purpose including medical or non-medical (recreational) purposes is prohibited in all zoning districts within the City.

D.

Cultivation of marijuana indoors, as authorized by State law, shall be permitted within private residences by persons 21 years of age or older, provided that the cultivation is conducted in compliance with State law. No person shall cultivate more marijuana plants indoors than is expressly authorized by Health and Safety Code Section 11362.2.

(Ord. No. 299, § 4, 11-15-2016)

Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Chapter, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances, including but not limited to the remedies provided for in Section 18.45.050 of this Code.

(Ord. No. 299, § 4, 11-15-2016)

A.

Violations of this Chapter shall be subject to administrative penalties pursuant to Chapter 1.05 of this Code and other civil remedies as be available under State and/or Federal law.

B.

This Chapter is not the exclusive means for the abatement of illegal marijuana businesses or activity within the City. The remedies set forth pursuant to this Section shall be in addition to any other existing remedies for violations of the Zoning Code, including but not limited to, any action at law or equity.

(Ord. No. 299, § 4, 11-15-2016)

Chapter 18.93 - ENFORCEMENT

Sections:

The purpose of this Chapter is to establish the procedures for enforcement of this Title.

(Ord. 126 § 2, Exh. A(part), 1990)

All departments, officials and public employees of the City, vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Title. Any such permit or license issued in conflict with the provisions of this Title shall be null and void. It shall be the duty of the City Building Inspector to enforce the provisions of this Title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

(Ord. 126 § 2, Exh. A(part), 1990)

The City may proceed in accordance with the provisions of Chapter 8.04 in the event any action occurs which may be in violation of this Title.

(Ord. 126 § 2, Exh. A(part), 1990)