Chapter 13.08 — RESIDENTIAL DISTRICTS

Sec. 13.08.010. - Intent and permitted uses.

(a)

Residential multifamily (RMF). To provide for the development and preservation of high-density multifamily residential neighborhoods with a moderate amount of open spaces. Only those uses are permitted that are complementary to and are compatible with such a residential neighborhood.

(b)

Residential community (RC). To provide for the development and preservation of planned unit developments with a mixture of single-family attached and detached homes, multiple-family homes. Said neighborhoods will be characterized by controlled physical access and specialized recreation facilities. Setbacks and other development standards are to be tailored specifically to each project by means of a precise development plan that is approved with the project.

(c)

Residential towers (RT). To provide for the development and preservation of a special type of multiplefamily structure, high-rise, designed to house and provide other special needs for residents only.

_____

PERMITTED RESIDENTIAL USES LEGEND:

(Ord. No. 03-03, § 5, 4-16-2003; Ord. No. 11-01, § 4(Exh. 3), 1-19-2011; Ord. No. 11-02, § 4, 1-19-2011; Ord. No. 14-01, § 3, 4-16-2014; Ord. No. 17-03, § 3(Exh. A), 4-19-2017; Ord. No. 17-05, § 5(Exh. A), 5-172017; Ord. No. 17-06, § 5(Exh. A), 7-19-2017; Ord. No. 17-10, § 3(Exh. A), 11-15-2017; Ord. No. 18-05, § 3(Exh. A), 3-21-2018; Ord. No. 19-02, § 3(Exh. A), 4-17-2019; Ord. No. 2020-01, § 3, 8-19-2020; Ord. No. 23-01, § 3(Exh. A), 8-16-2023; Ord. No. 23-02, § 3(Exh. A), 8-16-2023; Ord. No. 23-03, § 3(Exh. A), 11-152023)

Sec. 13.08.020. - Development standards.

The Residential Development Standards Table, which follows, specifies standards for the development of property within residential districts.

Residential Development Standards

Notes:

1 Minimum per dwelling unit is based upon net land area.

2 In computing the depth of a rear setback from any building where such setback opens on an alley, private street, or public park, one-half of the width of such alley, street, or park may be deemed to be a portion of the rear setback, except that under this provision, no rear setback shall be less than 15 feet.

3 There shall be no minimum lot size. The total number of residential units permitted within the planning unit shall not be exceeded as was shown on the statistical analysis for the original planned community, as amended. The dwelling densities as categorized in the City's General Plan as low-density, medium-density and high-density shall not be exceeded. The limitations contained within the General Plan shall take precedence over any discrepancies that may exist as compared to the statistical analysis for the planning units.

4 Required yards and distances between building structures are waived.

5 The building site coverage shall not exceed 50 percent of the land area contained within each recorded tract, exclusive of dedicated right-of-way. Swimming pool coverage shall not be considered as building site coverage.

(Ord. No. 03-03, § 5, 4-16-2003; Ord. No. 11-01, § 4(Exh. 3), 1-19-2011)

---

Sec. 13.08.030. - Supplemental residential district regulations.

(a)

Type of development for RC District. Standard development shall be predominantly of multiunit, multistoried structures and single family, one-story structures in an arrangement of attached or detached dwellings and their accessory structures. Such structures will be on contiguous or related building sites where the yards and open spaces may be combined into desirable arrangements of common open space.

(b)

Frontage for RC District. Building sites may not necessarily have street frontage, either public or private, provided:

(1)

Adequate and permanent access from a street to each family dwelling unit is provided for pedestrians and emergency vehicles;

(2)

Adequate and permanent provisions for one accessible, roofed automobile storage place is provided for each dwelling unit;

(3)

At least one parking space for every four dwelling units within each recorded tract is provided for visitors and guests. Such parking spaces may be uncovered and shall be so located as to be accessible to such visitors and guests.

(c)

Open space and landscaping for RC District. All open space shall be landscaped and may include noncommercial recreational facilities incidental to the residential development such as outdoor recreation areas, walkways, covered and uncovered patios, fences and necessary firefighting equipment and installations. Further, the required open space shall be arranged and provided in such a manner that it is accessible and usable for the purpose intended herein. Said open space shall not be devoted to commercial pursuits or any other activity in conflict with the purpose intended herein.

(d)

Lighting. All lights shall be designed and located so that direct light rays shall be confined to the premises.

(e)

Recreational facilities for RC and RT Districts. The replacement, redevelopment and/or relocation of any existing recreational facilities shall not result in a net loss of land area as originally developed and maintained for any type of recreational use, including clubhouse structures. Such change to existing recreational facilities requires the submittal of an analysis showing existing recreational facilities, service areas of such facilities, land area of such facilities and any other information as may be required by the Director to demonstrate that no such loss of land area will result, subject to the City Council's review and approval.

(Ord. No. 03-03, § 5(18.20.120), 4-16-2003; Ord. No. 11-01, § 4(Exh. 3), 1-19-2011)

Sec. 13.08.040. - Residential community-maintenance overlay.

(a)

Purpose, generally. The purpose of overlay zoning districts is to allow the City to establish special land use regulations, standards, or procedures in areas with unique land use, site planning, building design, or environmental resource issues. Overlay zoning districts are also an appropriate mechanism to implement long-term goals and land use requirements of the City for a specific property or location, or to coordinate land use and design requirements unique to a large tract of land. Overlay zoning districts are intended to be applied only where special circumstances justify the modification of base zoning district regulations to

achieve specific land use and design objectives. Overlay zoning districts are established through rezoning and only in conjunction with base zoning districts.

(b)

Purpose, specifically. The purpose of the Residential Community-Maintenance Overlay Zoning District (RCMT) is to provide for the continued development and preservation of specialized maintenance and operational support facilities that provide services to the base Residential Community (RC) zoning district, and to prohibit incompatible uses. Specialized maintenance and operational support facilities were developed with the initial development of the planned unit development located within the RC zoning district (formerly Rossmoor Leisure World Planned Community, now Laguna Woods Village), and have continued to be maintained and developed since then. Such facilities, and the direct services that they allow for, further the RC zoning district's purpose and intent of providing for the "development and preservation of planned unit developments."

(c)

Establishment and designation, generally. Except as modified by an overlay zoning district, the provisions of the applicable base zoning district shall apply to all development within the boundary of a designated area. If regulations conflict, the applicable overlay zoning district regulations shall prevail. Whenever an overlay zoning district is established, any subsequent application to change the base zoning district shall not be construed to be an application to eliminate the overlay zoning district for the property covered by the application. An intent to eliminate the overlay zoning district on a given property shall be expressly stated to be part of the application.

(d)

Establishment and designation, specifically. The designated area to which the RC-MT overlay zoning district is applied shall be all parcels located within the RC zoning district that are located south of El Toro Road, west of Moulton Parkway, and east of Calle Sonora.

(e)

Principally permitted land uses. Land uses permitted as a principal use within the RC-MT overlay zoning district, subject to all applicable laws and regulations, and only when operated to primarily provide services to the base RC zoning district, include the following:

Administrative/Professional Offices

Automobile Parking Structures, Multi-Level

Automobile/Truck Maintenance and Repair

Garages and Carports

Gate Houses

Maintenance Equipment/Supply Storage

Maintenance Office/Building

Public/Private Utility Buildings/Structures

(f)

Accessory land uses. Land uses that are permitted only as an accessory to a principal use within the RCMT overlay zoning district include the following:

Accessory Building/Use

Exercise Facilities for Employee Use Only (indoor only; no fields/courts)

Churches, Temples, and Places of Worship

Fences and Walls

(g)

Conditionally permitted land uses. Land uses permitted subject to approval of a use permit within the RCMT overlay zoning district, subject to all applicable laws and regulations, and only when operated to primarily provide services to the base RC zoning district, include the following:

Automobile Service Stations

Bus and Taxi Terminal Buildings

Impound/Storage Yards

Ministorage Facilities

Police and Fire Stations

Recreational Vehicle/Vessel Storage

Recycling Collection Sites

Vehicle Washing Facilities

(h)

Prohibited land uses. Land uses that are prohibited within the RC-MT overlay zoning district include the following:

Agricultural and Produce Stands

Alcoholic Beverage Sales

Athletic Fields/Courts

Automobile Wrecking, Junk/Salvage Yards

Bottling Plants

Commercial Medical Marijuana Cultivation

Commercial Uses

Congregate Care Facilities

Day Care Nurseries

Educational Institutions

Emergency and Transitional Housing Shelters

Helistops

Hospitals

Hotels and Motels

Housing

Kennels

Medical Uses

Recreation Centers

Restaurants

Retail/Service Businesses

Riding and Hiking Trails

Swimming Pools

Theatres

Tobacco and Cigarette Sales

Transfer/Materials Recovery Facilities

(i)

Wireless facilities. Wireless facilities within the RC-MT overlay zoning district are subject to the provisions of Section 13.26.210 of this Code.

(j)

Development standards. Development standards for the RC-MT overlay zoning district shall include Section 13.08.020 as it relates to the RC zoning district, but not Section 13.08.030, of this Code.

(k)

Supplemental development standards.

(1)

Lighting. All lighting, exterior and interior, shall be designed and located so as to confine direct rays to the premises.

(2)

Trash enclosures. All trash container storage areas shall, at a minimum, be covered by a solid roof equipped with downspouts to direct water away, paved with an impervious surface, and graded to prevent ponding.

(3)

Fueling areas. All fuel dispensing areas shall, at a minimum, be covered by a solid roof equipped with downspouts to direct water away, paved with an impervious surface, and graded to prevent ponding.

(4)

Screening. Landscaping shall be installed and maintained in a manner that substantially screens the RC-MT overlay zoning district, including any fences and walls, from the portion of El Toro Road extending west of the intersection of El Toro Road and Moulton Parkway to the first signalized intersection.

(Ord. No. 17-07, § 3(Exh. A), 9-20-2017)

(a)

Purpose, generally. The purpose of overlay zoning districts is to allow the City to establish special land use regulations, standards, or procedures in areas with unique land use, site planning, building design, or environmental resource issues. Overlay zoning districts are also an appropriate mechanism to implement long-term goals and land use requirements of the City for a specific property or location, or to coordinate land use and design requirements unique to a large tract of land. Overlay zoning districts are intended to be applied only where special circumstances justify the modification of base zoning district regulations to achieve specific land use and design objectives. Overlay zoning districts are established through rezoning and only in conjunction with base zoning districts.

(b)

Establishment and designation, generally. Except as modified by an overlay zoning district, the provisions of the applicable base zoning district shall apply to all development within the boundary of a designated area. If regulations conflict, the applicable overlay zoning district regulations shall prevail to the extent such overlay zoning district authorizes the principally permitted land use or land uses contemplated. Whenever an overlay zoning district is established, any subsequent application to change the base zoning district of a property or properties shall not be construed to be an application to eliminate the overlay zoning district for

those properties. An intent to eliminate the overlay zoning district on a property or properties shall be expressly stated in the application.

(c)

Residential High Density Overlay Zoning District.

(1)

Purpose, specifically. The purpose of the Residential High Density (R-HD) overlay zoning district is to provide for the development of housing units of a type and number necessary to support compliance with the General Plan Housing Element. Accordingly, certain housing-related land uses are principally permitted as part of the R-HD overlay zoning district, in addition to the land uses principally permitted in the applicable base zoning district.

(2)

Establishment and designation, specifically. The designated area to which the R-HD overlay zoning district is applied shall be the properties located within the R-HD overlay zoning district boundary shown on the map exhibit in subsection (h) of this section.

(3)

Principally permitted land uses. Land uses permitted as a principal use within the R-HD overlay zoning district, subject to all applicable laws and regulations, include the land uses identified in the applicable base zoning district and the following, which shall be permitted as a "use by right" as that term is defined in California Government Code Section 65583.2(i) as amended from time to time or replaced with a successor statute, and subject to the City's design review:

a.

Housing with a density of 30 to 50 dwelling units per acre (du/ac), subject to the following:

1.

Housing shall be constructed as 100 percent residential projects or as mixed-use projects with other land uses identified in the applicable base zoning district provided that, for mixed-use projects, residential use shall occupy at least 50 percent of the total floor area of the project; and

2.

Housing shall be owner-occupied and/or rental multifamily in nature; and

3.

Twenty percent or more of the dwelling units constructed in each project shall be affordable for lower income households, with the determination of affordability based on applicable state law.

(d)

Residential Medium Density Overlay Zoning District.

(1)

Purpose, specifically. The purpose of the Residential Medium Density (R-MD) overlay zoning district is to provide for the development of housing units of a type and number necessary to support compliance with the General Plan Housing Element. Accordingly, certain housing-related land uses are principally permitted as part of the R-MD overlay zoning district, in addition to the land uses principally permitted in the applicable base zoning district.

(2)

Establishment and designation, specifically. The designated area to which the R-MD overlay zoning district is applied shall be the properties located within the R-MD overlay zoning district boundary shown on the map exhibit in subsection (h) of this section.

(3)

Principally permitted land uses. Land uses permitted as a principal use within the R-MD overlay zoning district, subject to all applicable laws and regulations, include the land uses identified in the applicable base zoning district and the following, which shall be permitted as a "use by right" as that term is defined in California Government Code Section 65583.2(i), as amended from time to time or replaced with a successor statute, and subject to the City's design review:

a.

Housing with a density of 20 to 30 dwelling units per acre (du/ac), subject to the following:

1.

Housing shall be constructed as 100 percent residential projects or as mixed-use projects with other land uses identified in the applicable base zoning district.

(e)

Residential Medium-Low Density Overlay Zoning District.

(1)

Purpose, specifically. The purpose of the Residential Medium-Low Density (R-MLD) overlay zoning district is to provide for the development of housing units of a type and number necessary to support compliance with the General Plan Housing Element. Accordingly, certain housing-related land uses are principally permitted as part of the R-MLD overlay zoning district, in addition to the land uses principally permitted in the applicable base zoning district.

(2)

Establishment and designation, specifically. The designated area to which the R-MLD overlay zoning district is applied shall be the properties located within the R-MLD overlay zoning district boundary shown on the map exhibit in subsection (h) of this section.

(3)

Principally permitted land uses. Land uses permitted as a principal use within the R-MLD overlay zoning district, subject to all applicable laws and regulations, include the land uses identified in the applicable base zoning district and the following, which shall be permitted as a "use by right" as that term is defined in California Government Code Section 65583.2(i), as amended from time to time or replaced with a successor statute, and subject to the City's design review:

a.

Housing with a density of 15 to 20 dwelling units per acre (du/ac), subject to the following:

1.

Housing shall be constructed as 100 percent residential projects or as mixed-use projects with other land uses identified in the applicable base zoning district.

(f)

Residential Low Density Overlay Zoning District.

(1)

Purpose, specifically. The purpose of the Residential Low Density (R-LD) overlay zoning district is to provide for the development of housing units of a type and number necessary to support compliance with the General Plan Housing Element. Accordingly, certain housing-related land uses are principally permitted as part of the R-LD overlay zoning district, in addition to the land uses principally permitted in the applicable base zoning district.

(2)

Establishment and designation, specifically. The designated area to which the R-LD overlay zoning district is applied shall be the properties located within the R-LD overlay zoning district boundary shown on the map exhibit in subsection (h) of this section.

(3)

Principally permitted land uses. Land uses permitted as a principal use within the R-LD overlay zoning district, subject to all applicable laws and regulations, include the land uses identified in the applicable base zoning district and the following, which shall be permitted as a "use by right" as that term is defined in California Government Code Section 65583.2(i), as amended from time to time or replaced with a successor statute, and subject to the City's design review:

a.

Housing with a density of eight to 10 dwelling units per acre (du/ac), subject to the following:

1.

Housing shall be constructed as 100 percent residential projects or as mixed-use projects with other land uses identified in the applicable base zoning district.

(g)

Housing optional. Nothing in this section shall be construed as requiring property owners to construct housing or discontinue any existing non-housing use. If a property owner does not wish to construct housing, zoning that allows such construction only presents an option for the future.

(h)

Map exhibit. The following map exhibit designates areas to which each of the overlay zoning districts established by this section are applied:

==> picture [384 x 498] intentionally omitted <==

(Ord. No. 24-06, § 3, 9-18-2024)

CHAPTER 13.10. - COMMERCIAL DISTRICTS

Sec. 13.10.010. - Purpose and intent of districts.

(a)

Neighborhood Commercial (NC). To provide for the development and preservation of low intensity commercial uses which serve the immediate needs of the surrounding neighborhood. Such uses are to be grouped in small areas of three to eight acres and designed so that adverse impacts on residential properties are minimized.

(b)

Community Commercial (CC). To provide for the development and preservation of high intensity commercial uses which serve the local community and regional area and are compatible with surrounding residential uses.

(c)

Professional and Administrative Office (PA). To provide for the development and preservation of an optimal environment for low to moderate intensity professional and administrative office uses and related uses on sites with large pervious open spaces and off-street parking facilities. This district is intended to be located on heavily traveled streets or adjacent to commercial or industrial districts, and may be used to buffer residential areas.

(Ord. No. 03-03, § 5(18.20.205), 4-16-2003; Ord. No. 11-01, § 4(Exh. 4), 1-19-2011; Ord. No. 16-05, § 8, 12-21-2016)

Sec. 13.10.020. - Table of permitted uses.

The Permitted Commercial Uses Table, which follows, specifies whether a use or structure is permitted within the respective district and denotes the type of application process required to establish said use or structure. See Section 13.24.020 for those principally permitted uses that may be exempt from the site development permit process.

PERMITTED COMMERCIAL USES LEGEND:

Notes:

1 Administrative/Professional offices with a gross floor area of up to 3,000 square feet are permitted as a principal use in the CC district. Administrative/Professional offices with a gross floor area of more 3,000 square feet require a conditional use permit in the CC district. Administrative/Professional offices are prohibited in buildings newly constructed or gross floor area added to existing buildings in the CC district.

2 New construction of drug stores greater than 10,000 square feet in the PA district is only permitted with an approved use permit. All other drug store uses are principally permitted in the PA district.

(Ord. No. 03-03, § 5(18.20.210), 4-16-2003; Ord. No. 08-01, § 5, 9-17-2008; Ord. No. 11-01, § 4(Exh. 4), 1- 19-2011; Ord. No. 11-02, § 5, 1-19-2011; Ord. No. 14-01, § 4, 4-16-2014; Ord. No. 16-05, § 9, 12-21-2016; Ord. No. 17-03, § 3(Exh. A), 4-19-2017; Ord. No. 17-05, § 5(Exh. A), 5-17-2017; Ord. No. 17-06, § 5(Exh. A), 7-19-2017; Ord. No. 17-10, § 3(Exh. A), 11-15-2017; Ord. No. 18-05, § 3(Exh. A), 3-21-2018; Ord. No. 2301, § 3(Exh. A), 8-16-2023; Ord. No. 23-03, § 3(Exh. A), 11-15-2023; Ord. No. 25-01, § 3(Exh. A), 3-192025)

Sec. 13.10.030. - Development standards.

The Commercial Development Standards Table, which follows, specifies standards for the development of property within commercial districts.

Commercial Development Standards

Notes:

1 Maximum FAR does not apply to housing developed as a principal use in the Residential High Density, Residential Medium Density, Residential Medium-Low Density, or Residential Low Density overlay zoning districts.

2 Maximum Building Site Coverage does not apply to housing developed as a principal use in the Residential High Density, Residential Medium Density, Residential Medium-Low Density, or Residential Low Density overlay zoning districts.

(Ord. No. 03-03, § 5(18.20.215), 4-16-2003; Ord. No. 11-01, § 4(Exh. 4), 1-19-2011; Ord. No. 25-01, § 3(Exh. A), 3-19-2025)

---

Sec. 13.10.040. - Supplemental commercial district regulations.

(a)

Lighting. All lighting, exterior and interior, shall be designed and located so as to confine direct rays to the premises.

(b)

Loading. All loading operations shall be performed on the site, and loading areas shall be screened by a landscape or architectural feature.

(c)

Trash and storage area. All storage of cartons, containers and trash shall be enclosed by a roofed structure.

(d)

Enclosed uses. All commercial uses and their related products shall be contained entirely within a completely enclosed structure, except for parking and loading areas, and except for outdoor uses expressly permitted by an approved site development plan or use permit.

(e)

Business hours in the Neighborhood Commercial District. Business hours shall be limited to the hours between 6:00 a.m. and 10:30 p.m. unless otherwise provided for by an approved use permit.

(f)

Parking provided in the Professional and Administrative Office District. Parking on the front half of the lot shall have no direct access to the street and shall be roofed unless adequate screening of open parking can be provided by berming, fencing, or landscaping as shown on an approved site development plan or use permit.

(g)

Sidewalks. New development shall provide sidewalks along side vehicular entrance points with a grade not to exceed plus eight percent from the public right-of-way, and/or demonstrate to the satisfaction of the Director the site accessibility to persons with disabilities.

(Ord. No. 03-03, § 5(18.20.220), 4-16-2003; Ord. No. 11-01, § 4(Exh. 4), 1-19-2011)

CHAPTER 13.12. - OPEN SPACE DISTRICTS

Sec. 13.12.010. - Purpose and intent of districts.

(a)

Open space-passive (OS-P). To provide for the protection and preservation of open space areas for the purposes of passive recreation, visual enhancement, and resource conservation.

(b)

Open space-recreation (OS-R). To provide for the development and preservation of public and private parks and associated recreation facilities within open space areas.

(Ord. No. 03-03, § 5(18.20.305), 4-16-2003; Ord. No. 11-01, § 4(Exh. 5), 1-19-2011)

State Law reference— Open space zoning, Government Code § 65913 et seq.

Sec. 13.12.020. - Table of permitted uses.

The Permitted Open Space Uses Table, which follows, specifies whether a use or structure is permitted within the respective district and denotes the type of application process required to establish said use or structure See Section 13.18.020 for those principally permitted uses that may be exempt from the site development permit process. _____

PERMITTED OPEN SPACE USES LEGEND:

1 An approved use permit is not required if the land use type is located on property owned by the City and the design thereof is subject to an approval process set forth in a lease agreement or other agreement approved by the City Council. In such cases, the land use type shall be considered permitted as the principal use within the district.

(Ord. No. 03-03, § 5(18.20.310), 4-16-2003; Ord. No. 11-01, § 4(Exh. 5), 1-19-2011; Ord. No. 11-02, § 6, 1- 19-2011; Ord. No. 14-01, § 5, 4-16-2014; Ord. No. 15-02, § 2, 8-19-2015; Ord. No. 17-03, § 3(Exh. A), 4- 19-2017; Ord. No. 17-05, § 5(Exh. A), 5-17-2017; Ord. No. 17-06, § 5(Exh. A), 7-19-2017; Ord. No. 17-10, § 3(Exh. A), 11-15-2017; Ord. No. 23-01, § 3(Exh. A), 8-16-2023; Ord. No. 23-03, § 3(Exh. A), 11-15-2023; Ord. No. 25-01, § 3(Exh. A), 3-19-2025)

Sec. 13.12.030. - Development standards.

The Open Space Development Standards Table, which follows, specifies standards for the development of property within open space districts.

Open Space Development Standards

Notes:

1 Except as otherwise provided for by an approved use permit, up to a maximum of 35 feet.

(Ord. No. 03-03, § 5(18.20.315), 4-16-2003; Ord. No. 11-01, § 4(Exh. 5), 1-19-2011; Ord. No. 25-01, § 3(Exh. A), 3-19-2025)

Sec. 13.12.040. - Supplemental open space district regulations.

(a)

Screening. Walls and fences over three feet in height shall be installed in accordance with the following limitations

(1)

Nonopaque fences shall be a minimum of zero feet from the ultimate right-of-way line of any street or highway.

(2)

Masonry or solid wood fences shall be shielded from view from any street or highway by landscaping, berm, or other topographic feature, and they shall be set back a minimum distance of five feet from the ultimate right-of-way line of any street or highway.

(3)

Exceptions to Subsections (a)(1) and (a)(2) above may be considered through the approval of a site development permit when it can be determined that such an exception will not result in or create a traffic hazard or conditions that may be considered objectionable, detrimental or incompatible with other uses in the vicinity.

(b)

Lighting. All lights shall be designed and located so that direct light rays shall be confined to the premises.

(Ord. No. 03-03, § 5(18.20.320), 4-16-2003; Ord. No. 11-01, § 4(Exh. 5), 1-19-2011)

CHAPTER 13.13. - COMMUNITY FACILITIES DISTRICTS

Sec. 13.13.010. - Purpose and intent of districts.

(a)

Community Facilities—Private (CF-P). The purpose and intent of this district is to allow for the development of public and private community uses that serve residents, visitors, property owners, and workers in the City. Examples of permitted land uses include schools, hospitals, cultural venues, churches, temples and places of worship.

(b)

Community Facilities—Public/Institutional (CF-P/I). The purpose and intent of this district is to allow a wide range of public and institutional uses that will facilitate the provision a variety of government and social services to the community.

(Ord. No. 11-01, § 4(Exh. 6), 1-19-2011)

Sec. 13.13.020. - Table of permitted uses.

The Permitted Community Facility Uses Table, which follows, specifies whether a use or structure is permitted within the respective district and denotes the type of application process required to establish said use or structure. _____

PERMITTED COMMUNITY FACILITIES USES LEGEND:

(Ord. No. 11-01, § 4(Exh. 6), 1-19-2011; Ord. No. 11-02, § 7, 1-19-2011; Ord. No. 17-03, § 3(Exh. A), 4-192017; Ord. No. 17-05, § 5(Exh. A), 5-17-2017; Ord. No. 17-06, § 5(Exh. A), 7-19-2017; Ord. No. 17-10, § 3(Exh. A), 11-15-2017; Ord. No. 18-05, § 3(Exh. A), 3-21-2018; Ord. No. 23-01, § 3(Exh. A), 8-16-2023; Ord. No. 23-03, § 3(Exh. A), 11-15-2023; Ord. No. 25-01, § 3(Exh. A), 3-19-2025)

Sec. 13.13.030. - Development standards.

The Community Facilities Development Standards Table, which follows, specifies standards for the development of property within the community facilities district.

(Ord. No. 11-01, § 4(Exh. 6), 1-19-2011)

Sec. 13.13.040. - Supplemental community facility district regulations.

(a)

Churches, temples and places of worship: Through an approved conditional use permit, churches, temples and places of worship may exceed the standards set forth in this section, provided that the health, safety and welfare of the community are preserved.

(b)

One single-family residence in conjunction with a church, temple or other place of worship may be allowed as an accessory use, subject to section 13.16.200.

(Ord. No. 11-01, § 4(Exh. 6), 1-19-2011)

CHAPTER 13.15 - REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES

Sec. 13.15.010. - Purpose and intent.

It is the policy of the City of Laguna Woods to comply with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (collectively referred to hereafter as "fair housing laws") to provide reasonable accommodation to disabled persons in the application of its zoning and land use regulations, policies, and practices for persons with disabilities seeking fair access to housing. The purpose of this chapter is to establish procedures for the receipt and evaluation of requests for reasonable accommodation.

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 13.15.014 (Application for reasonable accommodation).

(Ord. No. 13-02, § 1, 3-20-2013)

Sec. 13.15.011. - Definitions.

The following words and phrases shall have the meanings set forth below when used in this chapter:

(a)

Director shall mean the City Manager or his/her/their designee.

(b)

Disabled or disability shall have the same meaning as the terms are defined in fair housing laws.

(c)

Fair housing laws shall mean the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act and their implementing regulations and published caselaw.

(d)

Fundamental alteration shall have the same meaning as the term is defined in fair housing laws.

(e)

Major life activity shall have the same meaning as the term is defined in fair housing laws.

(f)

Physical or mental impairment shall have the same meaning as the term is defined in fair housing laws.

(g)

Reasonable accommodation shall have the same meaning as the term is defined in fair housing laws.

(h)

Reviewing authority shall mean the City Manager or his/her/their designee.

(Ord. No. 13-02, § 1, 3-20-2013; Ord. No. 23-02, § 3(Exh. A), 8-16-2023)

Sec. 13.15.012. - Applicability.

(a)

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of zoning and land use regulations, policies, and practices acts as a barrier to fair housing opportunities.

(b)

Providing reasonable accommodation in the land use and zoning context may include a modification or exemption from zoning and land use regulations, policies, and practices when it is necessary to eliminate barriers to housing opportunities.

(Ord. No. 13-02, § 1, 3-20-2013)

Sec. 13.15.013. - Reviewing authority.

(a)

The Director shall review each application for reasonable accommodation within 30 days of deeming the application as complete. Pursuant to the findings set forth in Section 13.15.016, the Director may approve, approve subject to conditions, or deny the request.

(b)

In the event that the applicant also seeks a concurrent approval, permit, or entitlement that will be reviewed by the Community Development Department, then that Department will also act as the reviewing authority for the application for reasonable accommodation.

(c)

If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.

(Ord. No. 13-02, § 1, 3-20-2013)

Sec. 13.15.014. - Application for reasonable accommodation.

(a)

An application for reasonable accommodation shall be submitted in writing on a form prescribed by the Director.

(b)

A fee shall not be required for a reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for the other discretionary permit(s) in compliance with the city's adopted fee schedule.

(c)

If the project for which the application for reasonable accommodation is being made also requires some other approval, permit or entitlement, the applicant shall file the request together with the application for such approval, permit or entitlement.

(d)

An application for reasonable accommodation shall include all of the following:

(1)

The applicant's name, address, and telephone number;

(2)

Documentation that the applicant is:

a.

An individual with a disability;

b.

Applying on behalf of one or more individuals with a disability; or

c.

A developer or provider of housing for one or more individuals with a disability.

(3)

Address of the property for which accommodation is requested;

(4)

The name, address, and telephone number of the property owner(s), if different from the applicant;

(5)

The current use of the subject property;

(6)

The specific basis for the claim that the applicant is considered disabled under the fair housing laws;

(7)

A description of the accommodation requested including reference to the zoning and development code provision, policy or procedure from which accommodation is sought;

(8)

A detailed written explanation of why the requested accommodation is necessary for the individual(s) with a disability to use and enjoy the dwelling; and

(9)

Any other information that the Director reasonably concludes is necessary to determine whether the findings required by Section 13.15.016 can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

(Ord. No. 13-02, § 1, 3-20-2013)

Sec. 13.15.015. - Reserved.[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 23-02, § 3 (Exh. A), adopted Aug. 16, 2023, repealed § 13.15.015, which pertained to public notice and derived from Ord. No. 13-02, § 1, adopted Mar. 20, 2013.

(a)

An application for reasonable accommodation shall be approved or approved with conditions unless the reviewing authority makes one or more of the following findings:

(1)

The applicant has not demonstrated that the requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws;

(2)

The applicant has not demonstrated that the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

(3)

The requested accommodation will impose an undue financial or administrative burden on the city;

(4)

The requested accommodation will result in a fundamental alteration in the nature of a city program or law, including but not limited to land use or zoning; and

(5)

The requested accommodation will, under the specific facts of the case and to the extent consistent with 42 U.S.C. § 3604(f)(9), result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others.

(b)

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section.

(Ord. No. 13-02, § 1, 3-20-2013; Ord. No. 23-02, § 3(Exh. A), 8-16-2023)

Sec. 13.15.017. - Notice of decision.

The reviewing authority shall notify the applicant of his/her decision by mailing a written determination to the applicant. The notice of decision shall include factual findings, conclusions, and reasons for the decision; and notify the applicant of the right to appeal the reviewing authority's decision pursuant to Section 13.15.020.

(Ord. No. 13-02, § 1, 3-20-2013; Ord. No. 23-02, § 3(Exh. A), 8-16-2023)

Sec. 13.15.018. - Expiration, time extension, and revocation.

(a)

Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of the approval or at an alternative time specified as a condition of approval unless:

(1)

A building permit has been issued and construction has commenced;

(2)

A certificate of occupancy has been issued;

(3)

The use is established consistent with the terms of any permit or condition of approval; or

(4)

A time extension has been granted.

(b)

The Director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Director no less than 30 days or more than 90 days prior to the expiration date.

(c)

Any reasonable accommodation approved in accordance with this chapter may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

(Ord. No. 13-02, § 1, 3-20-2013)

(a)

A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the disabled persons vacate the premises, the reasonable accommodation shall remain in effect only if the Director determines that (1) the modification is physically integrated into the residential structure such that it would be impractical to require the property to be returned to its previous condition, or (2) the accommodation is necessary to give another disabled individual an equal opportunity for use and enjoyment of the dwelling.

(b)

The Director may, at any time, request in writing the applicant or his successor-in-interest to the property to provide documentation demonstrating that the accommodation remains necessary to ensure the equal use and enjoyment of the property by a person with disabilities and/or continued compliance with any applicable conditions of approval. Failure to provide such documentation within 15 days of the date of the Director's request shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

(Ord. No. 13-02, § 1, 3-20-2013)

Sec. 13.15.020 - Appeals.

An applicant may appeal the decision of the Director to approve subject to conditions or deny an application for reasonable accommodation to the City Council pursuant to the procedures set forth in Chapter 13.24.050 of the Municipal Code.

(Ord. No. 13-02, § 1, 3-20-2013; Ord. No. 23-02, § 3(Exh. A), 8-16-2023)

CHAPTER 13.16. - BUILDING SITE REGULATIONS

Sec. 13.16.010. - Building site requirements.

No building permit and no certificate of use and occupancy shall be issued for a building or use of land until the Director has verified by official records that the parcel of land upon which such building or use of land is to be established is a building site.

(1)

Lawful, nonconforming building sites.

a.

Any parcel of land that was established as a building site by the recordation of a final tract map, a final parcel map, a record of survey recorded pursuant to an approved division of land, a lot line adjustment, a certificate of compliance; or by a deed of conveyance or contract of sale or in any other legal manner recorded prior to establishment of this title, as amended, and which complied with all of the requirements of applicable regulations in effect at the time of recordation in the office of the County Recorder, is considered a building site.

b.

Building sites established by the preceding section that are subsequently reduced in area by rights-of-way or easements that prohibit the surface use of the property may be established as legal building sites if the Director determines that the site will be able to provide a building envelope comparable to similar building sites in the area.

(2)

Creation of building sites. A building site may be created by the recordation of a final tract map, a final parcel map, or a lot line adjustment. The creation of any building site shall conform to the following:

a.

Each building site shall be shown on the recorded document as a numbered lot or parcel.

b.

Each building site shall be of sufficient area and width to comply with the area and width requirements for the zoning district in which it is located.

c.

Each building site shall either:

1.

Abut a public street, having a right of access for vehicles and pedestrians, and enjoy practical and physical access to such street, for a minimum width of 20 continuous feet; or

2.

Have a recorded right of access for vehicles and pedestrians for a minimum continuous width of 20 feet, 16 feet paved, via street or other vehicular accessway, and enjoy practical and physical access, from the building site to a public street.

(3)

Lot line adjustments. Lot line adjustments per the Subdivision Code shall not result in requiring the approval of a variance from the applicable zoning district minimum lot size.

(4)

Building site area.

a.

Building site area shall be calculated by measuring the site horizontally as a level plane. Rights-of-way or easements that prohibit surface use of the site, except easements for open space purposes on singlefamily lots, shall be excluded from the calculation. The minimum building site area required by the applicable district or planning area regulations shall be undivided and relatively compact although the entire building site may be larger with diffuse parts.

b.

That portion of a panhandle or flag building site that is used for purposes and is less than 40 feet in width shall not be used in calculating the area of the building site.

(Ord. No. 03-03, § 5(18.30.052), 4-16-2003)

Sec. 13.16.020. - Building site reduced by acquisition for public use.

(a)

Unimproved building site. If a portion of a building site containing no structures is acquired for public use by condemnation, dedication, purchase or any other means, the status of the remainder of the building site shall be determined as follows:

(1)

If such remainder has 80 percent or more of the area and width required by the district regulations at the time of acquisition, such remainder shall constitute a building site.

(2)

If such remainder has less than 80 percent but not less than 50 percent of the required area or width, or both, but otherwise meets all of the requirements for a building site, the public agency concerned may file an application for a use permit, whether or not the acquisition has been completed, to establish if such remainder shall constitute a building site.

(3)

A property owner may apply for a use permit at any time to establish the status of such remainder.

(b)

Improved building site. If a portion of a building site improved with structures is acquired for public use by condemnation, dedication, purchase or any other means, the status of the remainder of the building site shall be determined as follows:

(1)

If such remainder has less than 80 percent or more of the area and width required by the district regulations at the time of acquisition, such remainder shall constitute a building site.

(2)

If such remainder has less than 80 percent but not less than 50 percent of the required area or width, or both, but otherwise meets all of the requirements for a building site, the public agency concerned may file an application of a use permit, whether or not the acquisition has been completed, to establish if such remainder shall constitute a building site.

(3)

If such remainder has setbacks or distances between buildings that have 80 percent or more of the depth or width, or both, required for each of such spaces, they shall constitute the required spaces.

(4)

If such remainder has setbacks or distances between buildings which have less than 80 percent but not less than 60 percent of the depth or width, or both, required for each of such spaces, the public agency concerned may file an application for a use permit, whether or not the acquisition has been completed, to establish if such spaces shall constitute the required spaces. Furthermore, the public agency concerned may file an application for a use permit, whether or not the acquisition has been completed, to establish yards or distances, between buildings associated with structures to be relocated, consisting of less than 80 percent of the depth or width, or both, required for such space.

(5)

A property owner may apply for a use permit at any time to establish the status of such remainders.

(c)

Conflicts with other requirements. Any conflict with the requirements of the Zoning Code other than those inherent in the preceding Subsections (a) and (b), caused by acquisition for public use by condemnation,

dedication, purchase or any other means, shall be subject to the approval by the approving authority. Any use permit application filed pursuant to the provision of this section shall not be approved unless the approving authority finds:

(1)

The remainder of the building site is appropriate for the uses permitted by the applicable zoning regulations and will not result in the creation of any hazardous or nuisance activities or conditions; and

(2)

Any permitted use existing or to be established on the remainder portion will not create any conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses on surrounding properties.

(Ord. No. 03-03, § 5(18.30.054), 4-16-2003)

(a)

In any district zoned for residential uses when a minimum building site width is required, such required width shall be determined by measuring the distance between the sidelines of the building site along a line parallel to a straight line joining the foremost points of the side property lines, and 20 feet, at the closest point, from the ultimate street right-of-way line. However, in the case of a panhandle building site or a building site not abutting a street or alley and gaining access by an easement, the width of the building site shall be determined by measuring the distance across the building site along a straight line in any direction.

(b)

In any district other than a residential district, when a minimum building site width is required such required width shall be determined by measuring the distance between the points of intersection of the side property lines with the ultimate front street right-of-way line.

(Ord. No. 03-03, § 5(18.30.056), 4-16-2003)

Sec. 13.16.040. - Building line (setback) regulations for main building and structures.

Main buildings and structures, and attached accessory buildings may be constructed or placed on any portion of a building site except within the following areas:

(1)

Within the ultimate right-of-way, as defined, shown as existing on the Master Plan of Arterial Highways or within the ultimate right-of-way, as defined, of any local or private street;

(2)

Within the setback area established by the designation of a building line on a precise plan of highway alignment or an official zoning district map;

(3)

Within the setback area designated by the applicable district regulations, unless otherwise specified by the provisions under exceptions.

(Ord. No. 03-03, § 5(18.30.105), 4-16-2003)

Sec. 13.16.050. - Exceptions to building lines (setbacks).

(a)

Building line. The building line for a main building or structure, or attached accessory building may be different than the building setback specified for the zoning district when otherwise permitted by the provisions below through an approved "building line plan" or as provided in the subsequent sections for a particular condition on a building site.

(b)

Building line plan. A building line plan is a precise plan designating the required setbacks for main buildings and structures, accessory buildings and structure or both, for a designated area such as that of an entire tract map. Unless otherwise required, a building line plan may be adopted in compliance with the following provisions:

(1)

A building line plan shall be adopted in the same manner as a use permit after the required public hearings before the Planning Commission in accordance with this title.

(2)

A building line plan may be either graphic or descriptive. It shall include sufficient information to clearly designate the real property and the types of structure it is applicable to and how required setbacks are determined.

Whenever a building line plan has been adopted it shall supersede the provisions of the district setbacks and any further exceptions that follows.

(Ord. No. 03-03, § 5(18.30.110), 4-16-2003)

Sec. 13.16.060. - Building line (setback) on panhandle building site.

In the case of a panhandle building site, the building lines shall be set back a minimum of ten feet from any property line, except as otherwise specified in this title.

(Ord. No. 03-03, § 5(18.30.115), 4-16-2003)

Sec. 13.16.070. - Building line (setback) on shallow building site.

When a building site has an average depth of 100 feet or less but more than 75 feet, any required front and rear building line setbacks need not be more than 20 percent of such average depth; and when a building

site has an average depth of 75 feet or less, any required front and rear building line setbacks need not be more than 15 percent of such average depth, but in no event shall any required front or rear building line setback be less than five feet.

(Ord. No. 03-03, § 5(18.30.120), 4-16-2003)

Sec. 13.16.080. - Building line (setback) on narrow building site.

When a building site has an average width of less than 50 feet, any required building line setback from the interior side property lines need not be more than ten percent of such average width but in no event less than three feet.

(Ord. No. 03-03, § 5(18.30.125), 4-16-2003)

Sec. 13.16.090. - Building line (setback) based on average of adjoining sites.

Where a building site is situated between two building sites, each of which has a main building within 40 feet of said building site which projects into the required front setback area, the front building line for said building site need not be set back further than the average of the setbacks of the two adjoining buildings.

(Ord. No. 03-03, § 5(18.30.130), 4-16-2003)

Sec. 13.16.100. - Building line (setback) on building site adjacent to a projecting building on one side.

Where a building site abuts and has a sideline common to a site which has a main building within 40 feet of said common sideline which projects into the required front setback area on one side and abuts a vacant building site, a street or permanent open space on the opposite side, the front building line for said building site need not be set back further than the average of the existing setback on one side and the setback required by the district regulations.

(Ord. No. 03-03, § 5(18.30.135), 4-16-2003)

Sec. 13.16.110. - Balconies, decks, porches, terraces, exterior steps and exterior stairways.

Balconies, decks, porches, terraces, exterior steps in excess of 30 inches in height and exterior stairways, unroofed, and unenclosed, may project not more than three feet into any required side setback area or the distance required between buildings on the same building site and not more than five feet into any required front or rear setback area, but in no event shall such balconies, decks, porches, terraces, exterior steps or exterior stairways be closer than two feet to any side property line or three feet to any front or rear property line of a building site, when projecting into any required setback area.

(Ord. No. 03-03, § 5(18.30.140), 4-16-2003)

Sec. 13.16.120. - Eaves, cornices, canopies and cantilevered roofs.

Eaves, cornices, canopies, or cantilevered roofs may project a maximum of 40 percent into any required side setback and 25 percent into any required front or rear setback and 40 percent into the space required between buildings on the same building site, but in no event shall such eaves, cornices, canopies or

cantilevered roofs be closer than two feet to any front, side or rear line of the building site when projecting into a required setback area.

(Ord. No. 03-03, § 5(18.30.145), 4-16-2003)

Masonry chimneys, fireplaces, wing walls and other minor architectural features may project into any required front, side or rear setback area a maximum of 24 inches, but in no event shall such chimneys, fireplaces, wing walls and other minor architectural features project into any required setback area so as to be closer than three feet to any property line of the building site.

(Ord. No. 03-03, § 5(18.30.150), 4-16-2003)

Sec. 13.16.140. - Setbacks determined by Director.

Where a building site is situated such that the front, side and rear property lines are not readily determinable, required setbacks shall be as determined by the Director in compliance with the following criterion: Required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses.

(Ord. No. 03-03, § 5(18.30.155), 4-16-2003)

Sec. 13.16.150. - Height limit.

The height of any structure shall not exceed the building height limits specified in the district regulations, except as otherwise specified in this title.

(Ord. No. 03-03, § 5(18.30.205), 4-16-2003)

Sec. 13.16.160. - Height measurement.

(a)

When a building site slopes in any direction at an average grade of more than ten percent within the front 50 feet of the building site, building height is the vertical distance above an inclined slope to the top of the structure, including screened mechanical and electrical fixtures. The inclined slope is established by enclosing the structure with an imaginary line five feet from the structure, and by assuming that all ground area closer is flat. See diagram for building height.

==> picture [225 x 144] intentionally omitted <==

(b)

In all situations not included within Subsection (a) above, the height is the vertical distance above the ground level of finished grade to the top of the structure. This is established by enclosing the structure with an imaginary line five feet outside of the perimeter of the structure, or at the property line if it is less than five feet from the structure, and determining the average elevation from the imaginary line.

(Ord. No. 03-03, § 5(18.30.210), 4-16-2003)

Sec. 13.16.170. - Heights of architectural features.

(a)

Towers, gables, spires, flag poles, and architectural features not for sleeping or eating quarters or for any commercial purpose may exceed the district building height limit by ten feet subject to an approved use permit.

(b)

Elevators, appropriately screened mechanical units, and chimneys which do not exceed ten percent of the roof area, nor exceed the district height limitation by more than eight feet will be permitted.

(Ord. No. 03-03, § 5(18.30.215), 4-16-2003)

(a)

An opaque screen shall be installed and maintained along all district boundaries where the premises abut areas zoned for residential or agricultural uses. A screen shall consist of one or any combination of the following types:

(1)

Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick.

(2)

Berms. A berm shall be not more than 20 feet in width at the base. It shall be constructed of earthen materials and it shall be landscaped.

(3)

Fences, solid. A solid fence shall be constructed of wood or other materials and shall form an opaque screen.

(4)

Fences, open. An open weave or mesh type fence shall be combined with plant materials to form an opaque screen.

(5)

Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of two feet within 18 months after initial installation. Permanent watering facilities shall be provided. If, 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Director shall require that either walls, berms, or a solid fence be installed.

(b)

Screen heights shall not be less than six feet in height except where a shorter height is required by this title.

(c)

The permanent installation of chainlink parallel major arterial roads shall be prohibited, unless set back and totally screened from the public right of way. Setback and methods of screening shall be reviewed on a case-by-case basis for aesthetic effectiveness and protection of health and safety.

(d)

Barbed wire, razor wire and similar security treatments on any wall or fence are prohibited, except as permitted under the legal nonconforming section of the title.

(e)

Temporary Fencing parallel to major arterial roads, including chainlink, may be permitted, with a temporary use permit, subject to restrictions established in Section 13.26.180(g)(10) of this title. A temporary fence is defined as a fence erected for a limited and defined period of time, not to exceed 2 years. Permanent or long-term installation of chainlink or similar fences requires a conditional use permit and a finding that the proposed fence is in the interest of protecting public health, safety or welfare.

(f)

No signs shall be permitted on any required screening or temporary fencing except as permitted by this title or as necessary for parking and access restrictions.

(Ord. No. 03-03, § 5(18.30.252), 4-16-2003; Ord. No. 03-08, 11-19-2003)

Landscaping, consisting of trees, shrubs, vines, ground cover, turf, plants or any combination thereof, shall be installed and maintained subject to the following standards:

(1)

Landscaping along all streets and boundaries shall be in compliance with the fences and walls requirements.

(2)

Boundary landscaping is required for a minimum depth equal to the required setback distance or ten feet (whichever is less) along all property lines abutting streets except for the required street openings.

(3)

Any landscaped area shall be separated from an adjacent parking or vehicular area by a wall or curb at least six inches higher than the adjacent parking or vehicular area.

(4)

Landscaping shall be maintained in a neat, clean and healthy condition, and, as applicable, in compliance with Chapter 4.28. This shall include proper pruning; mowing of lawns; weeding; removal of litter; fertilizing and watering as needed and permitted; provision of permanent water facilities as needed and permitted; and replacement of any landscaping as needed and permitted.

(5)

In addition to other projects that may be subject to this section, the following projects shall be subject to these regulations regardless of the district or specific plan in which they are located:

a.

Multifamily projects of five or more units;

b.

Residential planned developments (common areas only); and

c.

Commercial/office projects involving landscaping/irrigation of more than one cumulative acre.

(Ord. No. 03-03, § 5(18.30.254), 4-16-2003; Ord. No. 09-10, § 2, 12-16-2009)

Sec. 13.16.200. - Accessory uses and structures.

(a)

Permitted accessory uses and structures. In addition to the principal uses and structures expressly included in a zoning district or specific plan, accessory uses and structures which are customarily associated with and subordinate to a permitted principal use on the same building site and which are inconsistent with the purpose and intent of the applicable zoning district or specific plan are permitted. Whenever there is a question as to whether a specific use or structure is permitted as an accessory use, the Director shall make the determination in accordance with this Code.

(b)

Discretionary action required. Accessory uses and structures shall be subject to a discretionary action when one or more of the following apply:

(1)

Required by other zoning regulations; or

(2)

The principal use is subject to a discretionary permit and the accessory structure is over six feet in height. Any such structure may also require a building permit.

(c)

Location of certain attached accessory structures. Accessory structures that are attached to a main building, are enclosed, and are over eight feet in height shall comply with the setback requirements for a main building, except as otherwise provided by this Code.

(d)

Location of other accessory structures. Accessory structures other than in Subsection (c) above shall be permitted anywhere on the building site except within the following areas, unless otherwise provided by this Code.

(1)

Within the ultimate right-of-way.

(2)

Within the area designated on an approved building line plan as a setback area applicable to accessory buildings.

(3)

Within those areas where fences and walls are limited to a maximum height of 3½ feet.

(4)

Within the required front setback area unless provided for by an approved use permit.

(5)

Within the panhandle portion of a panhandle building site.

(e)

Accessory structure height limit. Accessory structures that are within the required setback areas shall be limited to 12 feet in height, unless it is within three feet of a property line, in which case it shall be limited to eight feet in height. However, the height limit may be increased to the maximum allowed by this code with an approved use permit.

(f)

Accessory structure building site coverage within setback areas. Accessory structures shall be limited to the following site coverage within the required setback area:

1 Up to 25 percent building site coverage of the required front setback area shall be allowed for unenclosed structures if provided for by an approved use permit.

(Ord. No. 03-03, § 5(18.30.260), 4-16-2003)

Sec. 13.16.210. - Garages and carports.

The placement or construction of garages and carports on any building site used for residential purposes, including residential areas within specific plans, shall comply with the setback requirements for a main building except as otherwise follows:

(1)

Garage entry location. When the building line is closer than 20 feet from the ultimate right-of-way of a street or from a common driveway providing primary access and circulation to other dwelling units, attached and detached garages shall be located so that the garage entry is a minimum of 20 feet, at the closest point from the sidewalk (or curbline, if no sidewalk exists). However, if the garage has a roll-up door, that distance may be reduced to 18 feet. See illustration for garage entry location.

_____

==> picture [434 x 219] intentionally omitted <==

---

(2)

Garage access from alleys and driveways. When alleys, private streets or common driveways are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests and emergency vehicles, attached and detached garages and carports may be placed anywhere within the rear setback area to within a minimum of five feet from such alley, private street or common driveway.

(3)

Detached garages and carports. Except as otherwise specified in Subsections (1) and (2) preceding, detached garages and carports may be placed or constructed any place within the required rear or interior side setback area except within those areas where fences and walls are limited to a maximum height of 3½ feet.

(Ord. No. 03-03, § 5(18.30.270), 4-16-2003)

Sec. 13.16.220. - Swimming pools.

Swimming pools shall not be constructed within three feet of an ultimate vehicular right-of-way or property line or within those areas defined as access intersection areas or street intersection areas. See illustration for swimming pool setbacks.

==> picture [434 x 540] intentionally omitted <==

(Ord. No. 03-03, § 5(18.30.280), 4-16-2003)

For the purposes of this section, the term "fences and walls" include any type of fence, wall, retaining wall, sound attenuation wall, or screen. Fences/walls shall be in compliance with the following regulations. However, walls that are located within the interior of an approved tract map and are part of the initial development of that tract map shall be exempt from these regulations. Subsections (4) and (5) only, as follows, shall also apply to hedges, or thick growth of shrubs, bushes or trees. Fence/wall heights shall be measured from the base of the fence/wall to the top on the interior or exterior side, whichever is greater. See permitted fence/wall heights illustration.

---

==> picture [434 x 270] intentionally omitted <==

---

(1)

Main building area. In the area where a main building may be constructed, the district building height regulations apply.

(2)

Setback for residential areas bordering streets.

a.

The maximum height shall be 3½ feet within any required front setback area and six feet within any rear or side setback area (through which no vehicular access is taken) adjoining a public street, up to a maximum depth of 20 feet.

b.

That portion of a building site where vehicular access rights have been dedicated to a public agency may have a six feet high fence/wall.

c.

Fences/walls for required sound attenuation which border major arterial highways may be six feet high and as high as eight feet if:

The major arterial is elevated two feet or more above the building site elevation, or

2.

The exterior side measurement of the wall is not more than six feet in height.

(3)

Setback areas not bordering streets. The maximum height shall be six feet within any required front, rear, or side setback area not adjoining a public street. However, where the elevation of an adjoining building site to the side or rear is higher than the base of the fence or wall in the side or rear setback area, the height of the fence or wall may be measured from the elevation of the adjoining building site to the top of the fence or wall. However, in no case shall such a fence or wall exceed eight feet from the base of the fence/wall to the top.

(4)

Access intersection areas. Notwithstanding Subsection (2) above, the maximum height shall be 3½ feet within five feet of the point of intersection of:

a.

An ultimate street right-of-way line and an interior property line;

b.

An ultimate street right-of-way line and the edge of a driveway or vehicular accessway;

c.

An ultimate street right-of-way line and an alley right-of-way line; and

d.

The edge of a driveway or vehicular accessway and an alley right-of-way line.

(5)

Street intersection areas. Notwithstanding Subsection (2) above, the maximum height shall be 3½ feet within the triangular area formed by drawing a straight line between two points located on, and 15 feet distant from, the point of intersection of two ultimate street or highway right-of-way lines extended.

(6)

Modifications permitted. Exceptions and modifications to the fence and wall height provisions may be permitted subject to the approval of a use permit. In addition to the findings required by this Code, the following findings shall also be made prior the approval of a fence or wall height use permit:

a.

The height and location of the fence or wall as proposed will not result in or create a traffic hazard.

b.

The location, size, design and other characteristics of the fence or wall will not create conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity.

(Ord. No. 03-03, § 5(18.30.290), 4-16-2003)

CHAPTER 13.18. - OFF-STREET PARKING REGULATIONS

Sec. 13.18.010. - Off-street parking regulations.

These regulations apply to all districts and specific plan areas, unless otherwise specified.

(Ord. No. 03-03, § 5(18.30.500), 4-16-2003; Ord. No. 11-01, § 4(Exh. 7), 1-19-2011)

Sec. 13.18.020. - Intent.

The intent of the off-street parking regulations is to provide for the on-site, off-street parking of motor vehicles that are attracted by the use or uses on the premises. The parking facilities for motor vehicles required by this section are assumed to be the minimum, which will be required by the various land use categories. However, the parking and maneuvering facilities required by this section should not be used as a fixed standard to determine the amount of off-street parking which may be adequate for any specific use. If the decision maker determines minimum parking standards are inadequate for a specific project, he may require the developer, owner or operator of any specific use to provide the adequate parking even though such addition may be in excess of the minimum requirements set forth in this section. It is intended that these regulations will result in the installation of properly designed parking facilities of sufficient capacity to minimize traffic congestion, enhance public safety, generally provide for the parking of motor vehicles at locations other than on the streets, and for safe passage of pedestrians to and from parked vehicles.

(Ord. No. 03-03, § 5(18.30.505), 4-16-2003; Ord. No. 11-01, § 4(Exh. 7), 1-19-2011)

Sec. 13.18.030. - General requirements.

(a)

Location of off-street parking.

(1)

Required parking facilities shall be located on the same building site and conveniently proximate to the use or uses they serve.

(2)

Property within the ultimate right-of-way of a street (either public or private) shall not be included in provision of the minimum parking.

(b)

Accessibility. All required off-street parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times.

(c)

Usability.

(1)

The required off-street parking facilities and driveways shall not be used for any purpose, which at any time would preclude the use of the area for the temporary storage of motor vehicles.

(2)

Unless otherwise provided by an approved discretionary permit, no owner or tenant shall lease, rent or otherwise make unavailable to intended users any off-street parking spaces required by this chapter.

(d)

Access to arterial highways.

(1)

Wherever access to a parking area is off an arterial highway designated on the Master Plan of Arterial Highways, parking spaces, driveways, and maneuvering areas shall be designed so that motor vehicles may enter the arterial highway traveling in a forward direction.

(2)

Vehicular access to arterial highways designated on the Master Plan of Arterial Highways will be permitted only in accordance with specifically approved driveway locations and access design.

(e)

Maximum grades permitted.

(1)

Whenever access is taken from a street, alley or driveway to an off-street parking area serving four or less dwelling units, the driveway or other vehicular accessway shall have a maximum grade of plus ten percent or minus six percent, measured from the street, alley or driveway grade along the driveway centerline, for a distance of not less than 18 feet from the street, alley or driveway right-of-way line.

(2)

Whenever access is taken from a street, alley or driveway to an off-street parking area serving industrial, commercial or professional uses, public or community facilities, or five or more dwelling units, the driveway or other vehicular accessway shall have a maximum grade of plus ten percent or a minus two percent, measured from the street, alley or driveway grade along the driveway centerline for a distance of not more than 18 feet from the street, alley or driveway right-of-way line.

(3)

The maximum grades in Subsections (e)(1) and (e)(2) of this section will generally provide adequate sight distance at street level and prevent vehicles from dragging on extreme grade breaks. Exceptions may be approved by the Director, where physical design prevents such extreme grade breaks and provides safe sight distance.

(4)

Off-street parking spaces and the abutting parking aisles shall have a maximum grade of two percent for retail commercial and five percent for all other uses. Said grade shall be measured across the parking space and the abutting parking aisle in any direction.

(5)

Ramps or driveways providing vehicular access within the interior of an off-street parking area located beyond 18 feet from the ultimate right-of-way line of a street, alley or driveway shall have a maximum slope of plus or minus 20 percent. When such ramp or driveway slopes exceed plus or minus ten percent, the ramp or driveway design shall include transitions not less than eight feet in length, having a slope equal to one-half the ramp slope. When parking is provided on a ramp, the maximum slope shall not exceed six percent.

(f)

Parking area notices and directional instructions. Notwithstanding the regulations of any district or any specific plan, parking area notices, each not to exceed two square feet in area, and directional instructions lettered on the paved surface of driveways and parking areas are permitted for parking facilities serving industrial, commercial, or professional uses; public or community facilities; and five or more residential dwelling units. Such parking notices may contain the name of the owner or occupant of the property an only such words and symbols that are directly related or essential to parking, enforcement, or the direction of vehicular traffic within the parking area.

(g)

Paving. All permanent parking spaces, driveways and maneuvering areas shall be paved and permanently maintained with asphaltic concrete, cement concrete or other all-weather, noneroding, hard surfacing. Temporary parking spaces, driveways and maneuvering areas may use decomposed granite or other stable, all-weather surfacing.

(h)

Lighting. Any lights used to illuminate the parking spaces or driveways shall be designed and located so that direct rays are confined to the property.

(i)

Change or increase in use of property. Whenever the occupancy or use of any premises, which is not in compliance with off-street parking requirements, is changed to a different use or the existing use is altered, enlarged, expanded or intensified, parking to meet the requirements of this section shall be provided for the

new use or occupancy. This provision shall not apply to the addition of rooms or other alterations of a single-family dwelling, which do not increase the total floor area more than 50 percent.

(j)

Fractional parking spaces. Whenever the computation of the number of off-street parking spaces required by this section results in a fractional parking space, one additional parking space shall be required for onehalf or more fractional parking space, and any fractional space less than one-half of a parking space shall not be counted.

(k)

Parking facilities for the physically handicapped. Public accommodations or facilities, including industrial, commercial, professional, institutional, and multifamily dwellings of five or more units, shall provide parking spaces for the physically handicapped in compliance with the following provisions:

(1)

Spaces required. The following table establishes the number of handicapped parking spaces required:

(2)

Parking space size. Physically handicapped parking spaces shall be located as near as practical to a primary entrance. If only one space is provided, it shall be 14 feet wide and outlined to provide a nine-foot parking area and a five-foot loading and unloading area. When more than one space is provided in lieu of providing a 14-foot wide space for each parking space, two spaces can be provided within a 23-foot wide

Physically handicapped parking spaces shall be located as near as practical to a primary entrance. If only one space is provided, it shall be 14 feet wide and outlined to provide a nine-foot parking area and a five-foot loading and unloading area. When more than one space is provided in lieu of providing a 14-foot wide space for each parking space, two spaces can be provided within a 23-foot wide

area lined to provide a nine-foot parking area on each side of a five-foot loading and unloading area in the center. The minimum length of each parking space shall be 18 feet.

(3)

Arrangement of parking space. In each parking area, a bumper or curb shall be provided and located to prevent encroachment of cars over the required width of walkways. Also, the space shall be so located that a handicapped person is not compelled to wheel or walk behind parked cars other than their own. Pedestrian ways, which are accessible to the physically handicapped, shall be provided from each such parking space to related facilities, including curb cuts or ramps as needed. Ramps shall not encroach into any parking space except where such encroachment into the length of any handicapped space does not limit the handicapped person's capability to leave or enter their vehicle.

(4)

Slope of parking space. Surface slopes of parking spaces for the physically handicapped shall be the minimum possible and shall not exceed one-half percent in any direction.

(5)

Identification. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text, or equal, displaying the international symbol of accessibility. This sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered on the wall at the interior end of the parking space at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted, in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches in size with lettering not less than one inch in height, which clearly and conspicuously states the following:

"Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped Persons may be towed away at owner's expense. Towed vehicles may be reclaimed at _____________________ or ______________________ by telephoning______________."

In addition to the above requirements, the surface of each parking place shall have a surface identification duplicating the symbol of accessibility in blue paint, at least three square feet in area.

(6)

Parking structures. Entrances to and vertical clearances within parking structures shall have a minimum vertical clearance of eight feet, two inches, where required for accessibility to handicapped parking spaces.

For additional handicapped site development requirements, including curbs, ramps, and landing requirements, refer to the State of California "Regulations for the Accommodation of the Disabled." Information is available at: Office of the State Architect, Access Compliance Unit, 1500 5th street, Sacramento, CA, 95814.

(Ord. No. 03-03, § 5(18.30.510), 4-16-2003; Ord. No. 11-01, § 4(Exh. 7), 1-19-2011)

Off-street parking facilities shall be provided for all residential uses in compliance with this section.

(1)

Size of parking spaces.

a.

Each required covered off-street parking space for single-family dwellings shall be in a garage or carport a minimum of ten feet in width and 20 feet in length of unobstructed area. In garages or carports containing two or more side-by-side parking spaces, the required minimum width may include the exterior walls or supports of the structure, provided minimum unobstructed dimensions of ten feet in width and 18 feet in length are met.

b.

Uncovered off-street parking spaces shall be a minimum of nine feet in width and 18 feet in length. In measuring the length of paving required for uncovered parking spaces, allowance may be made for vehicular projection beyond the bumper or tire stop if such projection does not interfere with screening or pedestrian use, except under [subsection] (7)c following.

c.

When a side of any space abuts a building, fence, support column or other obstruction, which interferes in any way with access to a motor vehicle, the space shall be a minimum of two feet wider than otherwise required by this section.

d.

Uncovered off-street parking spaces located parallel to and adjoining private accessways shall not be less than eight feet in width and 18 feet in depth, with a minimum of eight feet separating each pair of such parking spaces.

(2)

Driveway widths and lengths.

a.

Single-family residence driveways shall be paved to a minimum of ten feet in width from access street or alley to the garage maneuvering area.

b.

Driveways providing access to garages, carports and uncovered parking areas serving two, three or four dwelling units shall be paved to a minimum of 12 feet wide for one-way traffic and 16 feet wide for twoway, traffic, except when a wider width is required for maneuvering area in front of the garages, carports or uncovered parking spaces.

c.

Driveways providing access to garages, carports and uncovered parking areas serving five or more dwelling units shall be paved to a minimum of 12 feet wide for one-way traffic and 24 feet wide for two-way traffic, except when a wider width is required for maneuvering area in front of the garages, carports or uncovered parking spaces. Additional width may be required as necessary to provide transition to a driveway approach.

d.

Driveway lengths for residential developments shall measure 18 feet or more, or five feet or less.

(3)

Maneuvering areas. Maneuvering areas for access into and out of garages, carports and uncovered parking spaces shall have minimum widths as follows:

a.

Garages. Thirty feet of unobstructed area (measured from garage door), unless modified by Subsection (3)d below.

b.

Carports. Twenty-eight feet of unobstructed area (measured from outward end of parking stall), unless modified by [Subsection] (3)d below.

c.

Uncovered parking. Twenty-four feet of unobstructed area (measured from outward end of parking stall), except for one-way driveways.

d.

Where there is no physical barrier over six inches in height opposite a garage or carport entry that would prevent a motor vehicle from projecting beyond the driveway maneuvering area, the required width may be reduced a maximum of two feet. Additionally, where a one-car garage has an interior width in excess of ten feet and a door wider than eight feet, the maneuvering area in front of such garage may be reduced by the same amount that the width of the garage door exceeds eight feet, to a maximum reduction of two feet; or if the garage is a two-car or more structure and the garage door is at least 16 feet wide, the maneuvering area may be reduced a maximum of two feet.

(4)

Number of required off-street parking spaces. The minimum number of off-street parking spaces required for each category of residential use shall be as follows:

a.

Attached or detached single-family dwellings. Two covered parking spaces for each dwelling. Those dwellings having less than a 17-foot setback from the back of curb or sidewalk, whichever is closest to the garage or carport, shall provide one additional parking space within 200 feet of the dwelling. On-street parking, where permitted, may be used for the additional space.

b.

Two or more dwelling units on one building site. (Note: For purposes of this section, a room such as a den, study, or sewing room shall be considered a bedroom.)

1.

Zero to one-bedroom dwelling units. One and one-half off-street parking spaces for each dwelling unit. Except as otherwise provided in Subsection (4)d. below, one space shall be covered for each dwelling unit.

2.

Two-bedroom dwelling units. Two off-street parking spaces for each dwelling unit. Except as otherwise provided in Subsection (4)d. below, one of the spaces shall be covered for each dwelling unit.

3.

Three or more bedroom dwelling units. Two and one-half off-street parking spaces for each dwelling unit, plus one-half off-street parking space for each Bedroom in excess of three. Except as otherwise provided in Subsection (4)d. below, two spaces shall be covered for each dwelling unit.

4.

Covering. Notwithstanding the provisions of this subsection, the requirement that off-street parking spaces be covered is not applicable for multifamily projects of five or more dwelling units or "second" units per Section 13.26.100.

c.

Five or more dwelling units. For building sites containing five or more dwelling units, the following off-street parking requirements may be used in lieu of Subsection (2) above.

1.

Minimum required parking spaces:

2.

Each dwelling unit shall be assigned at least one standard size parking space.

d.

Guest parking. In addition to the above, at least one guest parking space per every four dwelling units, rounded up to the next nearest whole number, shall be provided.

(5)

Location of residential parking spaces.

a.

Assigned spaces shall be located within 200 feet of the dwelling unit they serve.

b.

Assigned spaces shall be designated as to the dwelling unit to which they are assigned on all plot plans or site plans submitted for permits.

(6)

Roadway widths for attached or detached single-family dwellings.

a.

Attached or detached single-family dwellings shall have roadway widths in the following ratio:

b.

Roadways less than 36 feet wide shall allow on-street parking on one side of the roadway only. Roadways must be 36 feet wide or greater to allow on-street parking on both sides of the roadway.

(7)

Parking area design. Common off-street parking areas, including multiple garages and carports serving five or more dwelling units shall comply with the following:

a.

The off-street parking area shall be designed so that a vehicle within the parking area will not have to enter a street to move from one location to any other location within that parking area.

b.

Parking and maneuvering areas, including garages and carports, shall be designed so that any vehicle can leave the parking area and enter into the nearest street traveling in a forward direction.

c.

Bumpers or tire stops shall be provided at the end of each uncovered parking space along any property line, abutting a public walkway, street or alley, except where screening is positioned, to ensure that the motor vehicle will not extend into the public right-of-way.

d.

No perpendicular parking, covered or uncovered, shall be permitted on an entrance road of a multifamily project within a minimum of 60 feet from the intersection of arterial or collector street. The measurement shall be taken from the near curb face of the arterial or collector street.

(8)

Location of driveway on a corner lot. When a building site abuts two intersecting streets, the driveway approach shall be located within the half of either street frontage that is farthest from the intersection of the two streets. If one of the intersecting streets is an arterial highway, the driveway approach shall be off the other street.

(9)

Screening. Uncovered off-street parking spaces shall be screened whenever such parking spaces abut the boundary of the building site or are located between a building or buildings and an abutting street, with screening materials not less than [three] feet in height, and in compliance with the "fences and walls" section. It may consist of one, or any combination of the following types:

a.

Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick.

b.

Fences, solid. A solid fence shall be constructed of wood or other materials to form an opaque screen.

c.

Fences, open. An open-weave or mesh type fence shall be combined with plant materials to form an opaque screen.

d.

Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, as to provide screening, having a minimum thickness of two feet, within 18 months after initial planting.

(Ord. No. 03-03, § 5(18.30.520), 4-16-2003; Ord. No. 11-01, § 4(Exh. 7), 1-19-2011)

Sec. 13.18.050. - Nonresidential off-street parking requirements.

The following off-street parking requirements are applicable to all uses other than residential uses and are in addition to the general requirements:

(1)

Size of parking spaces.

a.

All covered or uncovered off-street parking spaces, except as noted below, shall be a minimum clear unobstructed nine feet in width and 18 feet in length. For non-accessible parking spaces, a maximum of two and one-half feet of the minimum parking space length may be landscaped, provided that a curb, bumper, or tire stop is provided as an abutment to the landscaped area and included within the dimensions of the landscaped area.

b.

Parking spaces parallel to a curb may be eight feet in width and 18 feet in length, with a minimum of eight feet separating each pair of such parking spaces.

c.

When a side of any space abuts a building, fence, support column or other obstruction, which interferes in any way with access to a motor vehicle, the space shall be a minimum of two feet wider than the standard required width.

d.

In measuring the length of paving required for uncovered parking spaces, allowance may be made for vehicular project beyond a bumper or tire stop, if such projection does not interfere with screening or pedestrian use, except under Subsection (2)d. following. See illustration for examples of permitted project.

_____

Section (a)(5) Illustrations

==> picture [434 x 342] intentionally omitted <==

e.

All covered and uncovered off-street parking spaces provided for the use of alternative vehicles as defined by this code shall be a minimum, clear unobstructed five-feet, six-inches in width and ten feet in length.

(2)

Parking facility design.

a.

Off-street parking facilities shall be designed so that a car within a facility shall not have to enter a street to move from one location to any other location within that parking facility. On industrial or office sites, separate noncontiguous parking facilities may be provided with independent entrances for employee and visitor parking, provided the designated use is clearly identified on all plot plans or site plans submitted for permits.

b.

Parking and maneuvering areas shall be arranged so that any vehicle can leave the parking area and enter into an adjoining vehicular right-of-way traveling in a forward direction.

c.

No dead end parking aisles serving more than five consecutive stalls will be permitted unless said aisle is provided with a turnaround area constructed in a manner meeting the approval of the Director.

d.

Bumpers or tire stops shall be provided along any abutment to a pedestrian walkway, access or driveway, street or alley, except where screening is positioned, to ensure that the motor vehicle will not extend into these areas.

e.

The point of exit or entry from any off-street parking space shall not be closer than 20 feet from the curb face or the ultimate curbline at a street opening.

f.

All paved parking stalls, except parallel spaces and alternative vehicle spaces which may be single line, shall be clearly outlined with double or hairpin lines or special paving techniques on the surface of the parking facility.

(3)

Parking accessways. Parking accessways are those driveways that provide ingress or egress from a street to the parking aisles, and those driveways providing interior circulation between parking aisles. No parking is permitted on an accessway.

a.

All parking facilities taking access from an arterial highway shall have a parking accessway between the highway and parking aisles.

b.

Parking accessways from arterial highways shall not have parking spaces taking direct access there from and shall not be intersected by a parking aisle or another parking accessway for a minimum distance of 30 feet for projects with zero to 200 parking spaces, 50 feet for 201 to 350 spaces, 70 feet for 351 to 450 spaces and 90 feet for 451 spaces or more. All distances shall be measured from the curb face of the ultimate curbline of the adjacent street.

c.

Parking accessways from nonarterial highways shall not be less than 20 feet in length from the ultimate curbline of the adjacent street.

d.

One-way accessways shall have a minimum width of 15 feet unless it is a fire lane, which requires a minimum of 20 feet.

e.

Two-way accessways shall have a minimum width of 28 feet.

(4)

Parking aisles. Parking aisles are driveways, which provide direct access to parking spaces. Parking aisles shall have a minimum width of 14 feet. In no case shall the parking aisles for two-way traffic be less than 24 feet in width.

(5)

Number of required off-street parking spaces.

a.

The minimum number of off-street parking spaces required shall be in compliance with the listed requirements set forth for each general category of land use.

b.

Whenever any commercial/industrial use is located on a building site that is also used for residential purposes, parking facilities shall be provided for the residential use as required, in addition to the parking required for the nonresidential use or uses.

c.

For all uses except cannabis storefront retailers, alternative vehicle parking spaces in-lieu may be substituted for standard spaces at a rate of ten percent of the total standard spaces in locations where ten or more parking spaces are required. The permitted amount of alternative vehicle spaces shall be calculated based on total spaces required rounded to the nearest whole space.

(6)

Landscaping. Landscaping of parking areas shall be provided in accordance with the provisions of the applicable land use district regulations. In all cases, space within the off-street parking area not utilized for driveways, maneuvering areas, parking stalls or walkways shall be landscaped. Landscaped areas shall be separated from paved driveway, parking space and maneuvering areas by a minimum six inch high curb, bumper, or tire stop.

(7)

Screening. Open parking spaces and parking structures shall be screened in accordance, whenever such parking is adjacent to a street right-of-way and when the street separates such parking from any districted zoned for residential or agricultural uses. Screening shall be located adjacent to the inside edge of any

required boundary landscaping and to the outside edge of the paved parking area when there is no landscaping.

(8)

Vehicular access standards. A site development permit or use permit for the community commercial, commercial highway, and neighborhood commercial districts shall be in substantial conformity with the following:

a.

The first street opening from an intersection should be a minimum of 110 feet from the point of intersection of the ultimate right-of-way lines of the abutting streets.

b.

The second street opening should be a minimum of 300 feet from the point of intersection of the ultimate right-of-way lines of the abutting streets.

c.

Any additional street openings should be a minimum of 300 feet, from center to center from any other street opening except in the neighborhood commercial district, where the distance between street openings should be a minimum of 150 feet from center to center.

d.

There should be a minimum distance of 22 feet measured at the ultimate property line between a street opening in these districts and any existing street opening in any other district.

(9)

Joint use of parking facilities. Uses on multiple building sites may share common parking facilities within one or more parking areas located within such multiple building sites, provided the following requirements are met:

a.

A detailed parking plan, showing all common parking facilities, shall be approved by the Director.

b.

Parking facilities shall be within 300 feet of the entry point of the uses they serve.

c.

Adequate assurance is provided to guarantee that required parking will continue to be maintained.

d.

The assurance required by Subsection (9)c and the parking plan required by Subsection (9)a shall be recorded in the Office of the Orange County Recorder.

e.

Individual uses which result in a parking demand more than is provided by existing parking on the site shall be required to provide added parking as required by the Director.

(Ord. No. 03-03, § 5(18.30.530), 4-16-2003; Ord. No. 09-07, §§ 2—4, 9-16-2009; Ord. No. 11-01, § 4(Exh. 7), 1-19-2011; Ord. No. 13-06, §§ 1—3, 12-18-2013; Ord. No. 23-01, § 3(Exh. A), 8-16-2023)

Sec. 13.18.060. - Parking design requirements.

(a)

Off-street parking stall and access standards.

==> picture [434 x 463] intentionally omitted <==

==> picture [434 x 579] intentionally omitted <==

==> picture [434 x 228] intentionally omitted <==

---

(b)

Minimum parking aisle width for one-way traffic.

(c)

Minimum parking aisle width for two-way traffic. For two-way traffic, aisle widths and maneuvering areas shall be a minimum of 24 feet wide.

(Ord. No. 03-03, § 5(18.30.540), 4-16-2003; Ord. No. 11-01, § 4(Exh. 7), 1-19-2011)

Sec. 13.18.070. - Off-street parking requirements.

(a)

Minimum requirements. All land uses shall provide off-street parking in compliance with the following requirements unless otherwise modified by the provisions contained in this Code. The off-street parking requirements listed under this section are the minimum requirements for each specific use; however, it shall be the responsibility of the developer, owner or operator of any specific use to provide adequate off-street parking, even though such parking may be in excess of the minimum requirements set forth in this section.

e modified by the provisions contained in this Code. The off-street parking requirements listed under this section are the minimum requirements for each specific use; however, it shall be the responsibility of the developer, owner or operator of any specific use to provide adequate off-street parking, even though such parking may be in excess of the minimum requirements set forth in this section.

(b)

Requirements not specified. If no provisions for the required number of off-street parking spaces are set forth in these regulations, or the provisions are not clear for any specific use or uses, the Director shall determine the number of off-street parking spaces required.

(c)

Calculation of gross floor area. Areas to be included for purposes of calculating the required number of parking spaces include restrooms, closets, storage, mechanical rooms, exterior patios intended to be

occupied (such as outdoor dining), and elevator and stairwells (counted once only at the ground floor). Areas that may be excluded are interior spaces devoted to parking, circulation, access drives or landscaping, exterior breezeways, hallways, and balconies with no permanent use.

(Ord. No. 03-03, § 5(18.30.550), 4-16-2003; Ord. No. 03-08, 11-19-2003; Ord. No. 11-01, § 4(Exh. 7), 1-192011; Ord. No. 11-02, § 8, 1-19-2011; Ord. No. 23-01, § 3(Exh. A), 8-16-2023Ord. No. 25-01, § 3(Exh. A), 3- 19-2025)

Sec. 13.18.080. - Alternatives to off-street parking regulations.

Alternative provisions to any of the off-street parking regulations may be permitted subject to the approval of a use permit application approved in compliance with the provisions of this Code. Any such application may be approved provided the approving authority finds:

(1)

Applicable off-street parking requirements are excessive or inappropriate due to the nature of the specific use involved or because of special circumstances applicable to the property; and

(2)

The proposed off-street parking facilities comply with the intent of the Zoning Code related to parking requirements.

(3)

The proposed alternative vehicle parking exceeds the maximum number of permitted alternative vehicle parking space alternatives as described in Nonresidential off-street parking requirements and the City Council finds that:

a.

The site is accessible by an established golf cart path and/or golf cart/golf car crossing, or the particular use is accessible to and encourages the use of alternative vehicles.

b.

Sufficient onsite parking is provided or proposed.

c.

The proposed parking plan will not negatively impact public health and safety.

(Ord. No. 03-03, § 5(18.30.600), 4-16-2003; Ord. No. 09-07, § 5, 9-16-2009; Ord. No. 11-01, § 4(Exh. 7), 1- 19-2011; Ord. No. 13-06, § 4, 12-18-2013)

State Law reference— Congestion management, Government Code § 65088 et seq.

Sec. 13.18.090. - Transportation demand management.

(a)

Purpose and intent. It is the purpose and intent to meet the requirements of Government Code Title 7, Div. 1, Ch. 2.6 (Government Code § 65088 et seq.) to mitigate the impacts that development projects as specified herein, may have on transportation mobility, congestion and air quality, and to promote transportation demand management strategies.

(b)

Applicability.

(1)

These regulations apply to any discretionary permit for commercial, industrial, institutional, office/professional or other uses which are estimated to employ 100 or more persons, as determined by the employee generation factors specified within Subsection (4) of this section. This also includes any discretionary permit for an existing facility, which is expanding its use to add 100 or more employees. In the case of an expanded use, these regulations shall apply only to the newly expanded portion. These regulations do not apply to a facility expanding its use by less than 100 employees.

(2)

These regulations apply to all districts and specific plan areas including those covered by development agreements. These regulations shall supersede other ordinances adopted previously in which there is a conflict.

(3)

Notwithstanding Subsection (b)(1) above, the following uses and activities shall be specifically exempt from the provisions of this section:

a.

Temporary construction activities on any affected project, including activities performed by engineers, architects, subcontractors and construction workers.

b.

Other temporary activities, or as authorized by the Director when such temporary activities are for a period not to exceed 30 days and occur no more than once a year.

(4)

Employee generation factors shall be based on one of the following:

a.

Employment projections developed by the property owner, subject to approval by the Director.

b.

Building sizes considered equivalent to the 100-employee threshold as follows:

1 The employment projection for a mixed use development shall be calculated on a case-by-case basis based upon the proportion of the development devoted to each type of use.

(c)

Site development standards. Development projects subject to this section shall comply with the following site development standards through the discretionary approval of precise plans of development:

(1)

Parking for carpool vehicles.

a.

The following minimum percentages of the total required parking spaces for the worksite shall be reserved and designated for employee carpool vehicles by marking such spaces "Carpool Only":

b.

Carpool spaces shall be located near the building's employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Director.

(2)

Parking for vanpool vehicles. Parking for vanpool vehicles shall be provided as follows unless determined otherwise by the Approving Authority:

a.

The number of vanpool parking spaces shall be at least five percent of the employee carpool parking spaces and reserved for such by marking the spaces "Vanpool Only." These spaces will replace five percent of the carpool spaces.)

b.

For parking structures, vanpool vehicle accessibility shall include a minimum seven-foot, two inches vertical clearance.

c.

Vanpool parking spaces shall be located near employee entrance(s) or other preferential locations within the employee parking areas as approved by the Director.

(3)

Bicycle parking.

a.

Bicycle parking facilities shall be provided within the worksite at the minimum rate of one bicycle parking

space for every 25 employees, in a secure location, and near employee entrances for use by employees or tenants who commute to the worksite by bicycle. Maximum number of bicycle parking spaces required is 50 spaces.

b.

A bicycle parking facility shall be a stationary object to which the user can lock the bicycle frame and both wheels with a user-provided six-foot cable and lock.

(4)

Shower facilities. Shower facilities shall be provided for use by employees who commute to the worksite by means other than a motorized vehicle, unless determined otherwise by the approving authority, at the time of approving the discretionary permit. The use of such facilities shall be provided at no fee or charge to the employee user. The design of such facilities shall be shown on the plot plans in the permit application and conform to the following. Shower facilities shall be provided at a minimum rate as follows:

(5)

Locker facilities. Locker facilities shall be provided for use by employees who commute to the site by means other than a motorized vehicle. The use of such facilities shall be provided at no fee or charge to the employee user. The design of such facilities shall be shown on the plot plans in the permit application. Lockers shall be provided at a minimum ratio of one for every 25 employees. Maximum number of lockers required is 50 lockers.

(6)

Commuter information area. A commuter information area shall be provided within the worksite to offer employees appropriate information or alternative transportation modes. This area shall be centrally located and accessible to all employees, and shall be of sufficient size to accommodate such information on alternative transportation modes.

(7)

Passenger loading areas. Passenger loading areas to embark and disembark passengers from rideshare vehicles within the worksite shall be provided as follows unless determined otherwise by the approving authority at the time of approving the discretionary permit.

a.

Passenger loading areas shall be large enough to accommodate the number of waiting vehicles equivalent to one percent of the total required parking for the project. Maximum loading area size required for less than 1,000 employees shall be large enough to accommodate four waiting vehicles. Maximum loading area size for 1,000 or more employees shall be large enough to accommodate six waiting vehicles.

b.

The passenger loading areas shall be located as close as possible to the identified employee entrance(s), and shall be designed in a manner that does not impede vehicular circulation in the parking area or in adjoining streets.

(8)

Transit/bus stops. Bus shelters, pullouts, and pads shall be provided as necessary in consultation with, and approved by affected transit service providers unless determined otherwise by the approving authority at the time of approving the discretionary permit.

(Ord. No. 03-03, § 5(18.30.655—18.30.675), 4-16-2003; Ord. No. 11-01, § 4(Exh. 7), 1-19-2011)

CHAPTER 13.20. - SIGN REGULATIONS[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 14-02, §§ 3, 4, adopted December 17, 2014, repealed the former chapter 13.20, §§ 13.20.010—13.20.160, and enacted a new chapter 13.20 as set out herein. The former chapter 13.20 pertained to similar subject matter. See Code Comparative Table for complete derivation.

(a)

The purpose and intent of this chapter is to promote and protect public health, safety and welfare by regulating signs in order to assure that they are:

(1)

Well-designed, consistent with any design criteria otherwise applicable to the sign property, compatible with community character and harmonious with surrounding properties, buildings, and streetscapes;

(2)

Clear and legible in the circumstances in which they are seen, including for purposes of promoting awareness of local businesses and activities;

(3)

Appropriate to the type of business or activity to which they pertain; and

(4)

Displayed in a manner that does not harm public health, safety and welfare.

(b)

This chapter is not intended to be exclusive and compliance with its provisions shall not excuse noncompliance with any federal, state, or other local laws.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Permit required. It shall be unlawful for any person or entity to display, erect, install, or maintain any sign requiring a permit under this chapter without obtaining and holding in full force and effect a permit issued in accordance with this chapter. Permits shall be issued by the City Manager and require submittal of an application, as well as the payment of fees established by resolution of the City Council. The City Manager shall approve an application for a sign permit if the proposed sign is consistent with this chapter and any applicable specific plan, sign program, design criteria or other special design approval regulation. Unless the City requires additional information to determine whether the proposed sign is consistent with applicable standards, the sign permit shall be issued within 30 days of submittal of the application.

(b)

Special design approval criteria to apply. All signs shall be consistent with any design criteria otherwise applicable to the sign property. Signs located within the boundaries of a specific plan, sign program, or other special design approval area shall comply with all criteria established by such plan, program, or area.

(c)

Interpretation of provisions. Where a matter of interpretation arises regarding the provisions of this chapter, the more specific or more rigorous standard shall prevail. In the event of any dispute as to the application of potentially conflicting or inconsistent standards, the applicant may appeal the issue to the Board of Appeals pursuant to the procedure set forth in Section 13.24.050 of this Code.

(d)

Maintenance. Signs, together with frames, supports, braces, anchors, and related components, shall be maintained in good condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair, free of graffiti and other such markings, not discolored or faded, and painted where paint is required. The City may order the repair or removal of any sign that is unsafe, defective, damaged, or unsatisfactorily maintained.

(e)

Property owner approval. Nothing in this chapter is intended to permit the placement, display, erection, installation, or maintenance of any sign without the approval of the owner of the sign property.

(f)

Use of the City seal. Use of the City seal or any portion thereof is prohibited without prior written approval from the City Manager.

(g)

Message substitution. Subject to the consent of the owner of the sign property and the sign owner, a noncommercial message of any type may be substituted, in whole or in part, in place of any commercial message or any noncommercial message, provided that the sign structure or mounting device is legal or legal nonconforming without consideration of the message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter or any other City regulation relating to signs, including without limitation, interim ordinances. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on the sign property, nor change the type or nature of permissible signs, nor does it affect the requirement that a sign be properly permitted.

(h)

Appeals. Any determination of the City Manager under this chapter shall be appealable to the Board of Appeals pursuant to the procedure set forth in Section 13.24.050 of this Code.

(Ord. No. 14-02, § 4, 12-17-2014)

Sec. 13.20.030. - Definitions.

(a)

For the purposes of this chapter only, the following words, phrases, and terms as used in this chapter shall have the meaning as indicated below.

Abandoned sign shall mean any sign whose use has ceased or has been discontinued for a period of at least 90 consecutive days, or a sign identifying a business that has not occupied the premises for at least 90 consecutive days.

Advertising device/display shall mean any contrivance, statue, or structure, other than a sign, used to attract attention or make anything known for the purpose of promoting (either directly or indirectly) the use of products or services of any person or business, including but not limited to a balloon, flag, pennant, propeller, or an oscillating, rotating, or pulsating light.

Awning signs shall mean any sign incorporated into an awning or canopy.

Banner sign shall mean any sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind.

Changeable copy sign shall mean any sign with copy that is intended to be replaced without any change to sign location or construction.

City Manager shall mean the City Manager or his or her designee.

Easel sign shall mean a temporary sign with an upright tripod construction, that is not permanently affixed on or upon the ground, and which is neither attached to nor a part of any building or structure.

Electronic message board sign shall mean a sign with a fixed or changing display composed of a series of lights.

Flag shall mean a piece of fabric of distinctive design that is used as a symbol, as a signage device, or as a decoration.

Flag pole shall mean a freestanding pole used to display a flag.

Freestanding temporary sign shall mean a temporary sign of A-frame or sandwich board construction, that is not permanently affixed on or upon the ground, and which is neither attached to nor a part of any building or structure. Easel signs are not considered freestanding temporary signs.

Legal nonconforming sign shall mean a sign lawfully existing on the effective date of an ordinance, or amendment thereto, that renders such sign nonconforming because it does not conform to all standards and regulations of the ordinance.

Monument sign shall mean a freestanding ground sign generally having a low profile with little or no open space between the ground and the sign and having a structure constructed of masonry, wood, or materials similar in appearance.

Multi-unit real estate sign shall mean shall mean a sign indicating that one or more units on the sign property are for sale, lease, or rent.

Off-site sign shall mean a commercial sign that is not located on the same premises as the business or activity identified or advertised by the sign.

Pedestrian sign shall mean a small sign readable primarily from the abutting sidewalk or other walkway, but generally not readable from the street, primarily designed to direct pedestrian traffic.

Permanent sign shall mean a sign attached to a building, structure, or the ground in a manner that enables the sign to resist environmental loads, such as sun, wind and rain, and precludes ready removal or movement of the sign.

Pole sign shall mean a freestanding sign directly supported by a pole or poles with air space between the grade level and the sign face.

Political sign shall mean a sign where text is limited to noncommercial speech pertaining to global, national, state, or local candidates or issues or other protected political expression.

Portable sign shall mean any vehicle or trailer which is parked or used as a stationary display on public or private property and has attached thereto, or located thereon, any sign or advertising device/display for the basic purpose of providing advertisement or directing people to a business or activity located on the same or nearby property or any other premises. This definition is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business.

Real estate banner sign shall mean a banner sign, as that term is defined in Section 13.06.010 to this Code, indicating that one or more units on the premises on which the sign is located are for sale, lease, or rent.

Residential unit frontage shall mean a side of a residential unit facing a parking lot, public or private street or driveway entrance.

Roof sign shall mean a sign erected upon or above the roof of a building or above a parapet wall. Signs on mansards shall be considered roof signs.

Shopping center identification sign shall mean a sign that is used to identify the name of a shopping center, as that term is defined in Section 13.06.010 to this Code, and/or its tenants.

Sign shall mean any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame, and background thereof.

Sign program shall mean a comprehensive sign plan that the City has permitted pursuant to Section 13.20.160 of this Code that identifies location, size, design, and color of signs within a shopping center or for another property in order to achieve aesthetically appealing and compatible signage.

Sign property shall mean the property on which the sign is proposed to be placed.

Single-unit real estate sign shall mean a sign indicating that the unit on the sign property is for sale, lease, or rent.

Special event shall mean an event that the City has permitted pursuant to Chapter 7.20 of this Code.

Street frontage shall mean the side of a site adjacent to a public or private street.

Temporary sign shall mean a sign which, by design, is unlikely to resist environmental loads, such as sun, wind and rain, over a long period of time and can be readily removed or moved.

Tenant frontage shall mean the side of a tenant's portion of a building facing a parking lot, public or private street or driveway entrance.

Wall sign shall mean a sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs and/or advertising displays in or on windows are not considered wall signs.

Window sign, permanent shall mean any sign exposed to public view that is permanently affixed to the interior or exterior surface of a window and only identifies the name of the business, hours of operation, and/or address for which the sign is displayed.

Window sign, temporary shall mean any sign temporarily attached, painted, posted, or displayed flush against a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. A banner sign on the exterior of a window shall not be considered a temporary window sign. For the purpose of this chapter's sign regulations, the term "window" shall also include vehicle bays with full doors that are closed when not in use.

(b)

All other definitions relating to signs are incorporated within the definitions contained in Section 13.06.010 to this Code.

(Ord. No. 14-02, § 4, 12-17-2014; Ord. No. 22-02, § 4, 10-19-2022)

Sec. 13.20.040. - Sign placement.

(a)

Traffic safety. No sign shall obstruct any parking area or the free and clear vision and movement of pedestrian or vehicular traffic.

(b)

Off-site signs. All signs shall be located on the same premises as the business or activity identified by the sign unless specifically permitted in this chapter. Subject to discretionary approval of City Council, a sign may be located on the immediately adjacent premises of the business or activity identified by the sign. The City Council shall approve an off-site sign if it can make all of the following findings:

(1)

The owner of the sign property has consented to the proposed sign; and

(2)

The proposed sign is otherwise consistent with this chapter and any applicable specific plan, sign program, design criteria, or other special design approval regulation.

(c)

Placement on City property. No sign shall be located on, over, or across City property unless specifically permitted in this chapter.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Measurement of sign height. Sign height shall be measured as the greatest vertical distance measured from the ground level directly beneath the sign base to the top of the sign. When signs are constructed on hillsides or embankments where the sign supports are at varying lengths, height shall be measured from the horizontal midpoint of the sign. In cases where the visibility of a free-standing sign is impeded due to its placement below the elevation of the street to which it is oriented, the maximum sign height may be measured from the top of curb of the street (or the edge of pavement of such street where there is no curb).

(b)

Measurement of sign area. Sign area shall be measured as follows:

(1)

Basic rule. Sign size and area shall be defined as the total area of the sign face, including any perimeter trim, but excluding any structures or uprights on which the sign is supported.

(2)

Window signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window which is not painted or otherwise drawn directly on the glass. For signs painted or otherwise drawn directly on the glass, area measurement shall be the same as that for wall signs.

(3)

Wall signs. The area of signs composed of individual letters affixed to a building or freestanding wall shall be defined as the area which encloses all copy, logos and graphics with four, six, or eight perpendicular lines.

(4)

Double-faced signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 square feet, a double-faced sign may have an area of 20 square feet per face.

(5)

Three-dimensional signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four faces and the maximum permitted sign area is 20 square feet, the maximum area for each face shall be limited to five square feet.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Generally. Temporary signs shall not be illuminated unless specifically permitted in this chapter. Permanent signs may be illuminated unless specifically prohibited in this chapter.

(b)

Means of illumination. All illumination from or upon any sign shall be shaded, shielded, directed, and/or reduced to prevent glare and reflection onto surrounding properties. Illumination shall not be unduly bright, meaning that it shall not be in excess of that which is reasonably necessary to make the sign readable to an average person. Externally-illuminated signs shall be lighted by screened or hidden light sources. With the exception of the use of neon illumination in window signs as permitted in this chapter, the use of neon or non-standard lighting colors is prohibited.

(c)

Illumination of signs abutting residential districts. Except for signs pursuant to an approved sign program, when any district boundary abuts a residential district and the boundary is less than or equal to 100 feet away, signs facing said boundary shall not be illuminated.

(Ord. No. 14-02, § 4, 12-17-2014)

Sec. 13.20.070. - Permanent sign design criteria.

(a)

Colors. Sign colors shall be consistent with any design criteria otherwise applicable to the sign property.

(b)

Changes to approved sign face. Any change to the sign face that renders the sign inconsistent with this chapter or any applicable specific plan, sign program, design criteria, or other special design approval regulation shall render the permit for the sign void. Permitted permanent signs may include elements of changeable copy signs, including the use of changeable message sign letters or panels, unless otherwise prohibited herein.

(c)

Setback. Monument signs and shopping center identification signs shall be set back a minimum of eight feet from the face of the public street curb and two feet from the back of the sidewalk.

(Ord. No. 14-02, § 4, 12-17-2014; Ord. No. 15-01, § 1, 2-18-2015)

Sec. 13.20.080. - Permitted permanent signs.

(a)

The following permanent signs may be permitted with an approved sign permit and any other required permits from the City.

(b)

If a sign permit is subject to discretionary approval of the City Council, the City Council shall approve the proposed sign if it can find that the proposed sign is otherwise consistent with this chapter and any applicable specific plan, sign program, design criteria, or other special design approval regulation.

(Ord. No. 14-02, § 4, 12-17-2014)

Sec. 13.20.090. - Temporary sign design criteria.

Colors. Sign colors shall be consistent with any design criteria otherwise applicable to the sign property.

(Ord. No. 14-02, § 4, 12-17-2014)

Sec. 13.20.100. - Permitted temporary signs.

(a)

Sign permit required. The following temporary signs may be permitted with an approved sign permit and any other required permits from the City:

(1)

Banner signs. Banner signs may be permitted in commercial districts and on country clubs, congregate care facilities, and apartment/condominium complexes, subject to the following restrictions:

a.

Duration. Banner signs shall not be displayed for more than 180 days within a calendar year period. Multiple banner signs displayed consecutively shall count as a single banner sign. Banner signs shall not be used as a substitute for permanent signage.

b.

Area. For tenant frontages of 25 linear feet or less, the area of each banner sign shall not exceed 25 square feet. For tenant frontages of more than 25 linear feet, the area of each banner sign shall not exceed one square foot per linear foot of tenant frontage. Notwithstanding the foregoing, the combined maximum area of all banner signs displayed over all frontages shall not exceed 100 square feet.

c.

Location. Banner signs shall be mounted flush to a building, wall, or fence and may not be located on a roof, awning, or overhang. In the event a banner sign interferes with minimum line of sight requirements, a reasonable alternative location which provides similar stability and security may be approved, provided the alternative location is not a roof, awning, or overhang.

(2)

Interim identification banner signs. One interim identification banner sign per tenant may be permitted during permanent sign installation or change outs where new permanent signage has been approved but is not yet installed, subject to the following restrictions:

a.

Duration. The banner sign shall not be displayed for more than 60 days and shall be removed upon installation of the permanent signage.

b.

Location. The banner sign shall only be permitted to be displayed in the location where the approved forthcoming permanent signage will be installed.

c.

Other temporary signage. No other temporary signage shall be displayed concurrent with an interim identification banner sign.

(3)

Multi-unit real estate signs. For any one shopping center, residential tract development, congregate care facility, or apartment/condominium complex, one multi-unit real estate sign may be permitted, subject to the following restrictions:

a.

Duration. The multi-unit real estate sign shall not be displayed for more than 12 months and shall be removed upon the close of escrow or when the sale, lease, or rental of all units has been accomplished, whichever occurs first. Buildings with no current or anticipated vacancies shall not display real estate signs.

b.

Location. The real estate sign shall be located on either the building site being sold, leased, or rented or on common area property within the larger site, provided it does not occupy property used for pedestrian or vehicular access.

c.

Area.

1.

For multi-unit real estate signs located in a residential district, the area of the sign shall not exceed:

i.

Six square feet for buildings, facilities, complexes, or developments with four or less units.

ii.

32 square feet for buildings, facilities, complexes, or developments with five or more units.

For multi-unit real estate signs located in a nonresidential district, the area of the sign shall not exceed 32 square feet.

(4)

Real estate banner signs. In lieu of a multi-unit real estate sign, for shopping centers, congregate care facilities, and apartment/condominium complexes with five or more units available for sale, lease or rental, real estate banner signs may be permitted, subject to the following restrictions:

a.

Duration. Real estate banner signs shall not be displayed for more than 12 months and shall be removed when 60 percent of the units are sold, leased or rented, whichever occurs first.

b.

Number of signs. A maximum of one real estate banner sign may be displayed per building frontage. No multi-unit real estate signs or other banner signs or interim identification banner signs may be displayed concurrent with the display of real estate banner signs.

c.

Area. The area of real estate banner signs shall not exceed one square foot per linear foot of building frontage up to a combined maximum of 100 square feet over all frontages.

d.

Location. Real estate banner signs must be mounted flush to a building, wall, or fence and may not be located on a roof, awning, or overhang. In the event a banner sign interferes with minimum line of sight requirements, a reasonable alternative location which provides similar stability and security may be approved, provided the alternative location is not a roof, awning, or overhang.

(5)

Parking area decorative signs. For parking areas, decorative banners, flags, garland, and pennants displayed for wayfinding or temporary events of a noncommercial nature may be permitted, subject to the following restrictions:

a.

Duration. Decorative signs shall not be displayed for more than 180 days within a calendar year period.

b.

Size. Decorative signs shall not exceed a maximum dimension of 36 inches by 60 inches.

c.

Height. The bottom of each decorative sign shall be mounted a minimum of ten feet above finished grade.

d.

Location. Decorative signs shall only be attached to individual light standards or permanent features in parking areas. Signs shall not link, adjoin, or connect light standards or permanent features.

(6)

Freestanding temporary signs. One freestanding temporary sign per tenant may be permitted in commercial districts subject to the following restrictions:

a.

Duration. Freestanding temporary signs shall not be displayed for more than 12 months and shall only be displayed during open business hours.

b.

Size. Freestanding temporary signs shall not exceed a maximum height of four feet and a maximum width of two feet, including frames but excluding the base.

c.

Construction and design. The construction and design of the sign shall provide a firm and sturdy base.

d.

Location. Freestanding temporary signs shall be located against the building and adjacent to the entryway. There shall be a minimum of four feet of clearance around the sign.

(Ord. No. 14-02, § 4, 12-17-2014)

Sec. 13.20.110. - Special temporary sign permits.

(a)

Community facilities/open space sign permits. For tenants in community facilities, or open space districts, a calendar year community facilities/open space sign permit allowing a maximum of two temporary signs on the sign property at any one time may be granted, subject to the following restrictions.

(1)

No other temporary signage that requires a sign permit shall be displayed on the sign property while a community facilities/open space sign permit is in effect.

(2)

Signs shall be subject to this chapter's standards for each relevant sign type, including but not limited to, height, area, and location, but are exempt from any time of display restrictions.

(3)

Banners signs may be allowed in a rigid mounting structure that complies with all building code requirements. Only one rigid mounting structure shall be permitted per street frontage. Effective January 1,

2016, rigid mounting structures shall not be constructed of either unpainted wood or polyvinyl chloride (PVC).

(4)

Tenants with permanent changeable copy signs used to advertise short-term promotions, functions, or activities are not eligible to obtain community facilities sign permits.

(b)

Special event/temporary use signs. Special event/temporary use sign permits may be granted for a special event and/or temporary use, subject to the following restrictions:

(1)

Special event/temporary use signs shall only be approved as part of a special event or temporary use permit.

(2)

Signs shall be located on the site of the special event or temporary use.

(3)

Signs shall only be displayed during the special event or temporary use.

(4)

Incidental or accessory outdoor use of balloons may be approved, provided they do not infringe on minimum lines of sight or otherwise create visual obstructions resulting in traffic safety hazards or any other harm to the public health, safety and welfare. Balloons shall not be intentionally released or made of any metallic material. Balloons shall be staked securely into the ground or securely attached to permanent building features.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Sign permit not required. The following types of signs are permitted without a sign permit; however, the sign owner shall not be relieved of other City permit requirements, sign maintenance responsibilities, or compliance with applicable provisions of this chapter, including but not limited to Sections 13.20.020 and 13.20.040 or any other law or ordinance:

(1)

Political signs. Political signs are permitted on private property in all districts, provided they comply with California Election Code § 18541, pertaining to signs within 100 feet of a polling place. If they relate to an election or specific event, political signs shall be removed not later than ten calendar days following the

date of the election or other event. Political signs that contain information that is not related to an election or other event need not be removed during this time.

(2)

Window signs in commercial and community facilities districts. Window signs are permitted in commercial and community facilities districts, subject to the following restrictions:

a.

Window signs shall be limited to a combined area of half of the window area on each building frontage.

b.

Light-emitting diode (LED) or neon signs (plug-in, nonstructural), such as "open" and "closed" signs, shall be permitted as part of the total allowable permanent window signage, not to exceed a combined total of six square feet or 25 percent of the window area on each tenant frontage, whichever is less. LED or neon signs shall be located inside, behind closed windows, doors or walls, at all times.

(3)

Residential open house, garage sale, estate sale, and yard sale signs. Open house, garage sale, estate sale, and yard sale signs are permitted in residential districts subject to the following restrictions:

a.

Signs shall only be displayed between the hours of dawn to dusk on the day of the open house, garage sale, estate sale, or yard sale.

b.

Signs which are staked in the ground, shall be made of a rigid material and securely staked. No riders may be attached to the sign (e.g., postings, flags, or pennants).

c.

The area of each sign shall not exceed six square feet. The height of any sign, which is staked in the ground, shall not exceed four feet.

(4)

Residential decorative signs. Banners, flags, garlands, pennants, and other signs displayed by individual residential units for noncommercial purposes are permitted in residential districts.

(5)

Residential incidental signs. Incidental signs which relate to the identification of or conditions on an individual residential site (e.g., "residence protected by alarm," "beware of dog," "no trespassing," street address, etc.) displayed by individual residential units are permitted. For the purpose of this chapter,

window signs displayed by individual residential units in any district may also be considered incidental signs.

(6)

Private traffic control signs. Signs solely for the purpose of guiding pedestrian or vehicular traffic and parking on private property are permitted and may contain content similar to a traffic sign, provided the signage does not interfere with, mislead, or confuse traffic on public streets.

(7)

Club function signs. Freestanding temporary signs staked in the ground and temporary easel signs are permitted for club functions, subject to the following restrictions:

a.

Club function signs must be temporary in nature and only identify short-term functions of a noncommercial and limited-term nature (e.g., "meeting today" displayed outside a room and/or onsite directing guests to a room).

b.

Club function signs are only permitted in community facilities districts and at country clubs located in open space or residential community districts.

c.

Club function signs shall be removed immediately after the function.

d.

Club function signs shall not obstruct entrances, walkways, or parking areas.

(8)

Construction entrance and exit signs. Signs identifying the entrance and exit of a construction site shall be permitted on each construction site, provided they are only displayed during periods of active construction and are removed on or before completion of the final City building inspection.

(9)

Single-unit real estate signs. In residential districts, one single-unit real estate sign shall be permitted per residential unit frontage, subject to the following:

a.

Single-unit real estate signs shall be removed upon the close of escrow or execution of lease or rental agreement.

b.

The single-unit real estate sign shall be made of a rigid material and securely staked in the ground or securely mounted flush to the building, wall, balcony railing, or fence. Signs shall not be located on a roof, awning, or overhang.

(10)

Construction or safety information signs. On any site with active construction, excavation, demolition, grading, soil or other environmental remediation, or similar activity (collectively, "construction activities"), one sign stating any names and contact information of the entities directly involved with the construction activities, as well as renderings or photographs, shall be permitted on the site, subject to the following restrictions:

a.

Area.

i.

For sites with residential projects involving four or less units, the area of the sign shall not exceed six square feet.

ii.

For sites with residential projects involving five or more units, the area of the sign shall not exceed 32 square feet.

iii.

For sites with nonresidential projects, the area of the sign shall not exceed 32 square feet.

b.

Height. The height of the sign shall not exceed five feet for the sign face; five and one half feet including base.

c.

Duration. The sign shall not be displayed for more than 12 months and shall be removed upon completion of the construction activities or final building inspection by the City, whichever occurs first.

(Ord. No. 14-02, § 4, 12-17-2014)

Sec. 13.20.130. - Prohibited signs.

The following types of signs are prohibited unless specifically permitted in this chapter:

(1)

Temporary signs not specifically allowed in this chapter.

(2)

Signs held, worn, waved, or rotated by any individual, or attached or affixed to any animal, and used to attract attention for the purpose of promoting products and/or services or to direct individuals to a particular location.

(3)

Signs that emit any noise.

(4)

Balloons, blimps, hot air balloons, or similar devices.

(5)

Electronic message board signs, or light-emitting diode (LED) signs displayed on the exterior of any property, except when approved as part of a sign program.

(6)

Signs that use florescent colors or paints.

(7)

Neon signs displayed on the exterior of any property.

(8)

Flashing, blinking, rotating, revolving, wind motion, inflatable, laser beam, searchlight, or spotlight signs.

(9)

Billboards.

(10)

Portable signs.

(11)

Roof signs.

(12)

Signs that display, imply, identify, or advertise activities which are illegal under federal, state, or local laws.

(13)

Signs that display, imply, identify, or advertise graphic sexual activities or images or contain profane copy or nude images.

(14)

Signs that simulate or imitate in size, color, content, coloring or design any traffic signal, sign or device, or which makes use of the words "Stop," "Look," "Warning," "Caution," "Danger" or any other words, phrases, symbols or characters in a manner to interfere with, mislead, or confuse traffic.

(15)

Signs that are located on, attached to, extending into or over, or impeding any fire hydrants, legal fire lanes, or City property, including but not limited to traffic signals, streetlights, and utility poles.

(16)

Signs that are unsafe or constitute a direct and immediate hazard to public health, safety or welfare by reason of design, construction, location, condition, orientation, or any other factor.

(17)

Abandoned signs.

(18)

Advertising device/display.

(Ord. No. 14-02, § 4, 12-17-2014; Ord. No. 22-02, § 4, 10-19-2022)

Sec. 13.20.140. - Exemptions.

(a)

Signs erected, displayed, or required by the City are exempt from the permitting requirements of this chapter.

(b)

The following signs may be displayed and are exempt from the permitting requirements of this chapter:

(1)

With the exception of signs in commercial districts, temporary signs that are not visible from public right-ofway, provided however, nothing herein shall limit or abridge the City's ability to abate public or private nuisances.

(2)

Direction, warning, or information signs required or authorized by a federal, state, or county authority.

(3)

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

(4)

Official national, state, or city flags.

(5)

Signage incidental to any otherwise legal product dispensers and point of purchase displays which are exterior to any building.

(6)

Signs for the convenience or safety of the public, such as signs identifying restrooms, public telephones, walkways, and similar features or facilities.

(7)

Signs of public utility companies and private contractors indicating a warning or which serve as an aid to public safety or which show the location of underground facilities.

(Ord. No. 14-02, § 4, 12-17-2014)

(a)

Existing signs. Except as provided in Subsection 13.20.150(b) of this Code, signs legally existing prior to the effective date of this chapter shall not require compliance with this chapter until any of the following is true:

(1)

The sign violates the terms under which it was legally approved.

(2)

The sign is not properly maintained.

(3)

The sign is unsafe or otherwise constitutes a hazard to public health, safety, or welfare.

(4)

The sign displays, implies, identifies, or advertises any use or activity which is illegal under federal, state, or local law.

(5)

Sign copy is changed, except for changeable copy signs provided that the new copy does not advertise or promote a use or activity unrelated to the site.

(6)

The sign is relocated.

(7)

The sign is removed or abandoned.

(8)

Over 50 percent of the actual value of the sign is damaged or destroyed. A sign shall be deemed damaged or destroyed beyond 50 percent of actual value based on the actual cost of replacing the sign.

(9)

Any City permit is requested to structurally or electrically expand the sign. Permits shall be issued contingent on the sign being brought into compliance.

(10)

Any City permit is requested for major expansion, alteration, or remodel of the site, use, or activity that the sign is related to. Permits shall be issued contingent on the sign being removed or brought into compliance.

(b)

Existing signs—Monument signs and shopping center identification signs. With the exception of signs that are unsafe or otherwise constitute a hazard to public health, safety, or welfare, any monument sign or shopping center identification sign legally established prior to January 1, 2015 that exceeds the maximum size, height, or area set forth in this chapter may continue to exist and may be maintained, repaired, improved, replaced, or relocated, but may not be enlarged in size, height, or area, nor modified in type except in a manner that is consistent with the standards set forth in this chapter.

(c)

Establishment of legal nonconforming status. The burden of establishing a sign as legally nonconforming is the responsibility of the sign owner.

(d)

Compliance disclaimer. Status as a legal nonconforming sign is not intended to be exclusive and shall not excuse noncompliance with any federal, state, or other local laws, including but not limited to City permit requirements for alterations.

(Ord. No. 14-02, § 4, 12-17-2014; Ord. No. 15-01, § 2, 2-18-2015)

Sec. 13.20.160. - Sign programs.

(a)

Purpose. Sign programs provide incentive and latitude to achieve effectiveness, attractive appearance, compatible design and variety in permanent signage.

(b)

Generally. The standards of this chapter related to permanent signs may be supplemented on a site-by-site basis, pursuant to a sign program approved by the City Council. A zoning variance approved by the City Council is required to approve prohibited or temporary signage that does not comply with this chapter.

(c)

Sign program required. Sign programs shall be required for:

(1)

Each new or remodeled commercial center, office complex, business park, or similar multi-tenant site, regardless of parcelization;

(2)

Each building that proposes any combination of three or more permanent signs or any permanent signage that would not comply with this chapter; and

(3)

Any use of one or more electronic message board signs, or the display of one or more light-emitting diode (LED) signs on the exterior of any property.

(d)

Submission materials. Applications for a sign program shall be accompanied by the following minimum materials and the payment of fees established by resolution of the City Council:

(1)

Site plan. A site plan, drawn to scale, delineating the site proposed to be included in the sign program and the location of all existing signs, proposed signs and means of illumination.

(2)

Building elevations. Building elevations, drawn to scale, for each elevation with existing signs, proposed signs and means of illumination included.

(3)

Proposed signs. Information describing the proposed signs, including area, dimensions, copy, material, and means of illumination.

(4)

Landscape plans. Plans, drawn to scale, showing the effect of the proposed signs on site landscaping or a signed letter stating no effect.

(5)

Property owner authorization. If the owner of the sign property is not the applicant for the sign program, he/she shall submit a signed letter of authorization for the placement of the proposed sign on the sign property.

(6)

Supplemental information. Supplemental information may be required to review and consider approval of the proposed sign program.

(e)

Findings. The City Council shall approve a sign program if it can make all of the following findings:

(1)

The proposed signs are well-designed, consistent with any design criteria otherwise applicable to the sign property, compatible with community character and harmonious with surrounding properties, buildings, and streetscapes;

(2)

The proposed signs are clear and legible in the circumstances in which they are seen, including for purposes of promoting awareness of local businesses and activities;

(3)

The proposed signs are appropriate to the type of business or activity to which they pertain;

(4)

The proposed signs are displayed in a manner that does not harm public health, safety and welfare; and

(5)

For sign programs including any use of one or more electronic message board signs, or the display of one or more light-emitting diode (LED) signs on the exterior of any property. The proposed signs are displayed, programmed, or otherwise operated in a manner that effectively minimizes glare at all times when illuminated.

(f)

Submission to City Council. Unless the City requires additional information to determine whether the proposed sign program is consistent with applicable standards, the sign program shall be placed on the agenda for a regularly scheduled City Council meeting within 60 days of submission of a complete application, provided however, the City may extend this deadline for good cause.

(Ord. No. 14-02, § 4, 12-17-2014; Ord. No. 22-02, § 4, 10-19-2022)

Sec. 13.20.170. - Enforcement.

(a)

Illegal signs. Any sign that does not have a required permit, or otherwise violates this chapter, shall be deemed illegal.

(b)

Administrative fines. If the City determines a sign is illegal, it may impose an administrative fine against the owner of the sign property, the sign owner, or both in accordance with Chapters 1.04 and 1.06 of this Code. Consistent with Subsection 1.04.010(i)(5) of this Code, any violation of this chapter may be deemed to be an infraction and may be punished as such, notwithstanding the fact that, at the discretion of the District Attorney, any violation of this chapter may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction.

(c)

Abatement.

(1)

Signs on private property. The City may order the owner of a sign property and/or a sign owner to remove any illegal signs on private property. Upon failure to comply with a removal order from the City, the City may exercise the nuisance abatement process described in this Code to remove illegal signs. With the consent of the property owner and/or his or her authorized agent, the City may remove illegal signs on private property. Removed signs shall be retained at City Hall for a period of not less than ten working days, after which the signs shall be considered abandoned, and may be discarded by the City.

(2)

Signs on City property. To advance the City's interests in improving traffic safety and/or the appearance of the City, the City may remove any illegal signs located within the public right-of-way or on public property immediately, without prior notice to the sign owner. Removed signs shall be retained at City Hall for a period of not less than ten working days, after which the signs shall be deemed abandoned, and may be discarded.

(d)

Enforcement fees. Should the City be required to remove any illegal or abandoned signs, the reasonable cost of such removal shall be assessed against the owner of such signs. The cost of removal shall be established by a Resolution of the City Council. The City Manager is authorized to use collection proceedings to recover uncollected fees.

(e)

Consecutive violations. Each separate violation of this chapter and each day in which a violation occurs and shall constitute a separate violation of this chapter punishable by separate enforcement fees and/or administrative fines.

(f)

Liability. Neither the City nor any of its agents shall be liable for any damage to a sign which is removed under this section.

(g)

Non-exclusive remedies. Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the City Manager to seek cumulative remedies. The remedies available to the City pursuant to this Code and chapter, including but not limited to removal authority, shall not limit the right of the City to seek any other remedy that may be available by law.

(Ord. No. 14-02, § 4, 12-17-2014)