Article D2 — LANDSCAPE WATER REPORTING REQUIREMENTS

SECTION:

9-5D2-1: Purpose

9-5D2-2: Applicability

9-5D2-3: Reporting Requirements

9-5D2-1: PURPOSE:

The purpose of this article is to adopt, by reference, the state of California model water efficient landscape ordinance (hereinafter the "model ordinance"). This ordinance establishes specific reporting requirements for water usage of landscape areas in public and private development. As provided in the water conservation in landscaping act of 2006 (assembly bill 1881, Laird), all cities and counties in California are required to adopt the model ordinance. (Ord. 2013-05, 2-6-2014)

9-5D2-2: APPLICABILITY:

A. As provided in the state model ordinance, the requirements of this article and the model ordinance shall be imposed as follows:

1. After January 1, 2010, this article shall apply to all of the following landscape projects:

a. New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check, or site plan and architectural review.

b. New construction and rehabilitated landscapes which are developer installed in single-family and multi-family projects with a landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check, or site plan and architectural review.

c. New construction landscapes which are homeowner provided and/or homeowner hired in single-family and multi-family residential projects with a total project landscape area equal to or greater than five thousand (5,000) square feet requiring a building or landscape permit, plan check, or site plan and architectural review.

d. Existing landscapes over one acre in size, with review limited to an irrigation audit, irrigation survey, and irrigation water use analysis as provided in subsection 9-5D2-3H of this article.

e. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to review of a water budget calculation as provided in subsection 9-5D2-3B of this article and a maintenance schedule as provided in subsection 9-5D2-3G of this article. Existing cemeteries have review limited to an irrigation audit, irrigation survey, and irrigation water use analysis as provided in subsection 9-5D2-3H of this article.

2. This article does not apply to:

• a. Registered local, state, or federal historical sites.

b. Ecological restoration projects that do not require a permanent irrigation system.

• c. Mined land reclamation projects that do not require a permanent irrigation system.

• d. Plant collections as part of botanical gardens and arboretums open to the public. (Ord. 2013-05, 2-6-2014)

9-5D2-3: REPORTING REQUIREMENTS:

Unless exempt from the requirements of this article and the model ordinance, all landscape plans shall address the submittal requirements and standards outlined below and provided in the model ordinance.

• A. Landscape Documentation Package: The landscape documentation package shall include, at a minimum, the following components:

1. Project information as described in the forms available from the planning department.

2. Water efficient landscape worksheet, as provided by the planning department, including hydrozone information table and water budget calculations including the following information as further described in this article:

• a. Maximum applied water allowance (MAWA);

• b. Estimated total water use (ETWU);

• c. Soil management report;

• d. Landscape design plan;

• e. Irrigation design plan; and

• f. Grading design plan.

3. Certificate of completion, as provided by the planning department, including scheduling parameters used to set the irrigation controller, landscape and irrigation maintenance schedule, and irrigation audit report.

• B. Water Budget Calculations: The water budget calculations included in the landscape documentation package shall adhere to the following requirements:

1. Plant Factor: The plant factor used shall be from the "Water Use Classification Of Landscape Species" (WUCOLS) published by the University Of California Cooperative Extension, the department of water resources, and the bureau of reclamation (2000). The plant factor ranges from zero (0.0) to three-tenths (0.3) for low water use plants, from four-tenths (0.4) to six- tenths (0.6) for moderate water use plants, and from seven-tenths (0.7) to one (1.0) for high water use plants.

2. Water Features: All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

3. Special Landscape Areas: All special landscape areas shall be identified and their water use calculated as described below.

4. ETAF For Special Landscape Areas: ETAF for special landscape areas shall not exceed one (1.0).

5. Maximum Applied Water Allowance: The maximum applied water allowance shall be calculated using the equation MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)], where:

6. Estimated Total Water Use: The estimated total water use shall be calculated using the equation below:

The sum of the estimated total water use calculated for all hydrozones shall not exceed MAWA. The symbols in the equation shall mean:

C. Soil Management Report: In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant or his/her designee. The report shall contain the following information:

1. Submit soil samples to the laboratory for analysis and recommendations.

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

• b. Soil analysis shall include:

• (1) Soil texture;

• (2) Infiltration rate determined by laboratory test or soil infiltration rate table;

• (3) pH;

• (4) Total soluble salts;

• (5) Sodium;

(6) Percent organic matter; and

(7) Recommendations.

2. The project applicant, or his/her designee, shall comply with one of the following:

a. If significant mass grading is not planned, the soil analysis report shall be submitted to the planning department as part of the landscape documentation package; or

• b. If significant mass grading is planned, the soil analysis report shall be submitted to the city as part of the certificate of completion.

3. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. 4. The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the city with certificate of completion.

• D. Landscape Design Plan: The content and form of the landscape design plan shall meet the landscape design requirements provided in article D1, "Landscaping Standards", of this chapter and the following submittal requirements as provided in the model ordinance:

1. Delineate and label each hydrozone by number, letter, or other method.

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

3. Identify recreational areas.

4. Identify areas permanently and solely dedicated to edible plants.

5. Identify areas irrigated with recycled water.

6. Identify type of mulch and application depth.

7. Identify soil amendments, type, and quantity.

8. Identify type and surface area of water features.

9. Identify hardscapes (pervious and nonpervious).

10. Identify location and installation details of any applicable stormwater best management practices that encourage on site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan, and examples include, but are not limited to:

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

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

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

11. Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns).

12. Contain the following statement:

I have complied with the provisions of the city landscape water conservation regulations and applied them for the efficient use of water in the landscape design plan.

13. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape.

E. Irrigation Design Plan: An irrigation design plan shall accompany the landscape design plan. The irrigation design plan shall meet the landscape design requirements provided in article D1, "Landscaping Standards", of this chapter and the following submittal requirements as provided in the model ordinance:

1. System Requirements: For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturer's recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package:

a. Dedicated landscape water meters are highly recommended on landscape areas smaller than five thousand (5,000) square feet to facilitate water management.

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

c. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

(1) If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure regulating devices such as in-line pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

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

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

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

f. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. The project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.

g. High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended.

h. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures.

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

j. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

k. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria regarding the maximum applied water allowance.

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

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

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

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

• p. Swing joints or other riser protection components are required on all risers subject to damage that are adjacent to high traffic areas.

q. Check valves or antidrain valves are required for all irrigation systems.

r. Narrow or irregularly shaped areas, including turf, less than eight feet (8') in width in any direction shall be irrigated with subsurface irrigation or low volume irrigation system.

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

• (1) The landscape area is adjacent to permeable surfacing and no runoff occurs; or

• (2) The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping.

• t. The irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria to prevent overspray and runoff.

u. Slopes greater than twenty five percent (25%) shall not be irrigated with an irrigation system with a precipitation rate exceeding three-fourths (3/4) of an inch per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

2. Hydrozone Requirements:

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

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

• c. Where feasible, trees shall be placed on separate valves from shrubs, ground covers, and turf.

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

• (1) Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

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

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

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

3. Design Plan Contents: The irrigation design plan, at a minimum, shall contain:

• a. Location and size of separate water meters for landscape;

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

• c. Static water pressure at the point of connection to the public water supply;

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

• e. Recycled water irrigation systems;

f. The following statement: "I have complied with the provisions of the city landscape water conservation regulations and applied them accordingly for the efficient use of water in the irrigation design plan"; and

g. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system.

F. Grading Design Plan: For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.

1. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:

• a. Height of graded slopes;

• b. Drainage patterns;

• c. Pad elevations;

• d. Finish grade; and

• e. Stormwater retention improvements, if applicable.

2. To prevent excessive erosion and runoff, it is highly recommended that project applicants:

• a. Grade so that all irrigation and normal rainfall remains within property lines and does not drain onto nonpermeable hardscapes;

• b. Avoid disruption of natural drainage patterns and undisturbed soil; and

• c. Avoid soil compaction in landscape areas.

3. The grading design plan shall contain the following statement: "I have complied with the provisions of the city landscape water conservation regulations and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law. G. Landscape And Irrigation Maintenance Schedule:

4. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

5. A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing any obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

6. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.

7. A project applicant is encouraged to implement sustainable or environmentally friendly practices for overall landscape maintenance.

• H. Irrigation Audit, Irrigation Survey, And Irrigation Water Use Analysis:

1. For new construction and rehabilitated landscape projects installed after the effective date of this article:

a. The project applicant shall submit an irrigation audit report with the certificate of completion to the planning director that may include, but is not limited to, inspection, system tune up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule; b. The city shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance.

2. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

I. Reference Evapotranspiration (ETo) Table: Table 9-5D2-3-I1 of this section describes the adopted reference evapotranspiration values for use in calculating water efficiency as required by this article.

TABLE 9-5D2-3-I1

REFERENCE EVAPOTRANSPIRATION (ETo) TABLE

(Ord. 2013-05, 2-6-2014)

ARTICLE E. OFF STREET PARKING AND LOADING

SECTION:

9-5E-1: Purpose

9-5E-2: Applicability And Permit Requirements

9-5E-3: General Parking Regulations

9-5E-4: Required Off Street Parking

• 9-5E-5: Design And Development Standards For Off Street Parking Areas

• 9-5E-6: Off Street Loading Requirements

9-5E-7: Bicycle Parking Requirements

This article establishes standards for the development (including amount and location) of motor vehicle parking, bicycle parking, and on site loading areas. The purpose of the standards is to provide for safe vehicular parking, vehicular circulation, and loading supportive of a variety of uses in an increasingly pedestrian and bicycle friendly and transit oriented community. (Ord. 2013-05, 2-6-2014)

A. Applicability: The provisions of this article shall apply to new development and reuse of existing development. Every use shall have appropriately maintained off street parking and loading areas in compliance with the standards and requirements of this article. However, existing uses shall not be considered nonconforming if the only nonconformance is lack of required parking.

• B. Permit Requirements: New parking lots and modifications or expansions to existing parking lots require the following permits:

1. Building Permit: New parking lot design and modifications to existing parking lots in conjunction with a substantial change in use to an existing structure shall be reviewed in conjunction with the building permit and any other land use or development permit required for the project.

2. Zoning Clearance: Substantial modification or improvement to an existing parking lot that impacts the parking space layout, configuration, number of stalls, landscape planters, etc., shall require zoning clearance to authorize the change as consistent with this zoning code, concurrent with any required improvement plan approvals.

C. Exempt Activities: The parking lot improvements listed below are considered minor in nature, meaning that they do not alter the number or configuration of parking stalls. Such improvements shall be exempt from zoning clearance requirements and the requirements of this title.

1. Repairing any defects in the surface of the parking area, including holes and cracks;

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

3. Repairing or replacing in the same location damaged planters and curbs; and

4. Working in landscape areas, including sprinkler line repair, replacement of landscape materials, or refurbishment. (Ord. 2013-05, 2-6-2014)

• A. Calculations:

1. If the calculation for parking needs results in the requirement for a fraction of a parking space, the value shall be rounded to the nearest whole number.

2. Seating capacity shall be based upon the actual number of seats or one seat per eighteen inches (18") of bench or pew length and one seat per twenty four inches (24") of booth length for dining.

• B. General Requirements:

1. All vehicular parking areas shall be maintained by the owner of the property.

2. Required off street parking spaces and parking areas shall be used only for parking operable vehicles of residents, employers, employees, customers, and visitors unless specifically allowed by a temporary or conditional use permit.

3. Required off street parking space shall not be used for the storage of vehicles or materials.

4. No sales, storage, repair work, dismantling, or servicing of any kind shall be permitted in parking spaces without necessary permits for such use.

5. All required off street parking shall be kept clear of temporary or permanent obstructions.

6. Existing parking shall not be reduced below the minimum requirements of this section.

7. Living, sleeping, or housekeeping in any vehicle, recreational vehicle, trailer, or vessel is prohibited, with the following exceptions:

• a. In residential districts, occupancy shall be permitted by right, on private property with the property owner’s permission, for a maximum of 7 days. A longer period may be permitted upon approval by the Chief of Police.

• b. In commercial districts, a maximum of seventy-two (72) hours is permitted, provided on site security is provided.

8. For residential tenant and guest parking, the spaces must be marked per the required minimum standards for tenant and guest parking.

• C. Location Requirements For Parking Areas:

1. Parking may not occur within any required “clear visibility area” as defined by this title.

2. Parking spaces shall not preclude direct and free access to stairways, walkways, elevators, any pedestrian accessway, or fire safety equipment. Such access shall be a clear minimum width of forty four inches (44"), no part of which shall be within a parking space.

3. For single-family homes, duplexes, triplexes, and similar uses, parking shall be provided on the same lot as the home and shall not be located within the required yard area setbacks, except for approved driveways and carports as allowed by section 9-4D-18, “Residential Accessory Structures”, of this title.

4. For multi-family residential, parking shall be provided within two hundred feet (200') of the unit(s) they intend to serve.

5. For nonresidential uses, parking shall be located outside of required landscape areas as required by section 9-5D1-2, “Landscape Standards”, of this chapter. Parking shall be located on the same parcel as the uses served, except that parking may be located on a parcel adjacent to, or within five hundred feet (500') of, the use served. In such cases, a permanent covenant shall be recorded on the subject properties with the Kings County recorder guaranteeing that the required parking would be maintained exclusively for the use or activity served. The agreement shall be approved by the planning director in a form approved by the city attorney, and a copy shall be filed with the planning department.

6. Parking within the downtown and mixed use districts shall be located as required in chapters 6, “Downtown Development Standards”, and 7, “Mixed Use Development Standards”, of this title.

• (Ord. 2013-05, 2-6-2014; amd. Ord. 2024-07, 12-3-2024)

• A. Minimum Requirements: Minimum vehicle parking space requirements are listed in table 9-5E-4-A1, "Required Minimum Parking Ratios", of this section. Where the parking ratio is listed based upon square feet, it shall mean the gross square feet of the building (including public and private areas).

• B. Not Considered Parking: For the purpose of calculating parking ratios, the following types of parking are considered outdoor storage and are not considered parking:

1. Fleet vehicle and equipment parking; and

2. Parking for vehicles that are for sale, lease, or rent.

C. Provision Of Excessive Parking: Site plans including proposed new parking areas that exceed minimum vehicle parking requirements by more than twenty five percent (25%) shall demonstrate how the property can be developed in the future to utilize the additional parking areas for structures, landscaping, plazas, or other active use.

• D. Similar Use: For a use not listed in table 9-5E-4-A1, "Required Minimum Parking Ratios", of this section, the required vehicle and bicycle parking shall be the same as for the most similar use listed, as determined by the Planning Director.

E. Parking Requirements In Downtown Mixed Use Districts: In the Downtown Mixed Use Zoning Districts (DMX-1, DMX-2, and DMX-3), parking shall be provided as established in chapter 6, "Downtown Development Standards", of this Code, rather than as provided in table 9-5E-4-A1 of this section. Parking lot design and construction shall be as provided in this article. (Ord. 2013-05, 2-6-2014)

TABLE 9-5E-4-A1

REQUIRED MINIMUM PARKING RATIOS

• (Ord. 2013-05, 2-6-2014; amd. Ord. 2017-06, 5-16-2017)

F. Reductions And Exceptions To Minimum Parking Requirements: The following are exceptions or reductions to the minimum parking requirements established in table 9-5E-4-A1, "Required Minimum Parking Ratios", of this section that are available:

1. Parking District Waiver: Minimum off street parking requirements may be waived for properties that have access to public parking facilities. The waiver may be granted by the Planning Director.

2. Parking Reduction: Parking may be reduced by the designated approval authority according to the following provisions. A combination of the following programs may be utilized; however, the total parking reduction shall not exceed twenty percent (20%) of required parking:

a. Reduction For Special Motor Vehicles: Up to twenty percent (20%) of the off street parking may be provided by smaller parking spaces for special or alternative motor vehicles (e.g., golf carts, motorcycles, motorized scooters).

b. Reduction For Secure Bicycle Parking: Developments which provide additional secure bicycle parking facilities over and above the minimum requirement of this article may reduce their parking requirement by one (1) vehicle space for every two (2) additional bicycle spaces provided.

c. Reduction For Parking Near Major Transit Stops (e.g., Train Stations, Significant Bus Facilities): Parking requirements may be reduced by ten percent (10%) when within one-fourth (1/4) mile of a major transit stop.

d. Reduction For Existing Uses To Enable Property Enhancements: Parking requirements for existing nonresidential development may be reduced by up to ten percent (10%) if any of the following are completed:

• (1) Landscaping;

• (2) On site pedestrian plazas, seating areas, shelters, bicycle racks, and/or walkways; and/or

• (3) Comprehensive architectural update to existing structures.

e. Shower/Locker Facilities: Developments with one hundred (100) or more employees may reduce their parking requirement by providing shower and clothing locker facilities for bicycle commuting employees. The maximum reduction allowed is five percent (5%) of required parking.

f. Preferred Car Pool/Vanpool Parking Spaces: Office or industrial developments that guarantee preferred parking spaces (e.g., covered, shaded, or near building entrance) to employees who participate regularly in a car pool or vanpool may reduce their parking requirement by one (1) vehicle space for every one (1) space that is marked and reserved for car pools/vanpools at a preferred location. The maximum reduction allowed is five percent (5%) of required parking.

g. Electric Vehicle Charging Station: Mixed use, commercial, office, and industrial developments that provide parking spaces reserved for electric vehicles and provide electric vehicle charging stations at those spaces may reduce their parking requirement by one (1) vehicle space for every one (1) space that is provided for electric vehicle charging. The maximum reduction allowed is five percent (5%) of required parking.

ing Station: Mixed use, commercial, office, and industrial developments that provide parking spaces reserved for electric vehicles and provide electric vehicle charging stations at those spaces may reduce their parking requirement by one (1) vehicle space for every one (1) space that is provided for electric vehicle charging. The maximum reduction allowed is five percent (5%) of required parking.

3. Joint Vehicle Parking Lot Or Structure: Required parking for two (2) or more freestanding uses on adjacent or nearby sites may be satisfied by the use of a joint vehicle parking facility to the extent that it can be shown by the owners or operators that the demand for parking in the joint facility does not materially overlay (e.g., uses primarily of a daytime versus a nighttime or weekday versus weekend nature) and provided that such right of joint use is evidenced by a deed, parking easement, lease, contract, or similar written instrument upholding such joint use. In this situation, the size of the joint parking lot shall be at least as large as the number of vehicle parking spaces required by the largest user. (Ord. 2013-05, 2-6-2014)

A. General: All vehicular parking spaces shall be on the same lot as the main structure they serve, on an abutting lot, or within one thousand feet (1,000') of the building, subject to the following requirements:

1. There is a safe, direct, attractive, lighted, and convenient pedestrian route between the vehicle parking area and the use being served.

2. There is an assurance in the form of deed, parking easement, lease, contract, or other similar document that the required spaces will continue to be available for off street parking use according to the required standards.

B. Parking Lot Design:

1. Surfacing And Striping: Areas used for parking and maneuvering of vehicles shall be paved with a minimum of two inch (2") asphalt, concrete, or equivalent surface. All parking areas shall be appropriately striped, marked, and signed.

2. Curb Cuts And Driveway Access Points/Locations: Street access points shall be the minimum necessary to provide access while not inhibiting the safe circulation and carrying capacity of the street. New and modified curb cuts and driveway access points shall be designed as follows:

• a. For multi-family, commercial, office, and industrial developments:

• (1) A minimum of one hundred fifty feet (150') from the curb return.

• (2) A minimum of one hundred fifty feet (150') between driveways.

• (3) Lesser distances may be permitted upon review and approval of the city engineer.

• (4) Proposed driveways across the street from each other that are offset less than one hundred fifty feet (150') must be approved by the public works director.

• b. For single-family and duplex developments:

• (1) A minimum of fifty feet (50') from the curb return.

• (2) A minimum of five feet (5') between the driveway and property line.

• c. The public works director may approve exceptions to this section.

3. Back Out Parking: With the exception of duplexes and single-family residences, all parking areas shall be designed so that vehicles can exit without backing out of the parking area onto a public street.

4. Connect Parking Lots: Auto parking areas shall be encouraged to connect with auto parking areas on adjacent sites to eliminate the necessity of utilizing the public right of way for cross movements. Joint or shared access, internal circulation, or parking is encouraged with adjacent uses.

5. Minimum Clearance: Driveways, aisles, turnaround areas, and ramps shall have a minimum vertical clearance of twelve feet (12') for the entire length and width,

but such clearance may be reduced in parking structures.

6. Drainage: Adequate drainage shall be provided to dispose of the runoff generated by the impervious surface area of the parking area. Provision shall be made for the on site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights of way, and abutting private property. Design solutions may include, but are not limited to, the use of bioswales, low impact design (LID), and other designs that direct runoff into landscape areas.

generated by the impervious surface area of the parking area. Provision shall be made for the on site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights of way, and abutting private property. Design solutions may include, but are not limited to, the use of bioswales, low impact design (LID), and other designs that direct runoff into landscape areas.

7. Pedestrian Circulation/Walkways: Pedestrian circulation/walkways shall be designed to provide circulation through parking lots from public sidewalks to primary building entryways. Sidewalks shall be designed to ensure that vehicles that may overhang or intrude into the sidewalk system do not reduce the minimum required sidewalk width of four feet (4').

8. Screening: The periphery of all parking lots shall be screened from view from adjacent streets and adjacent residential areas with walls, landscaping, and landscaped berms (or a combination) to a minimum height of three feet (3'). Where provided, landscaping shall be consistent with the standards of subsection 9-5D12E5, “Landscaping Of Parking Lots”, of this chapter.

9. Landscaping: Landscaping of parking lots shall be provided as required in subsection 9-5D1-2E5, “Landscaping Of Parking Lots”, of this chapter.

10. Lighting: See outdoor lighting standards in section 9-5B-4, “Outdoor Lighting”, of this chapter.

• C. Space And Aisle Standards For Surface Parking Lots:

1. General Space And Aisle Standards: All surface parking lots shall be designed in accordance with the minimum city standards for stalls and aisles as set forth in table 9-5E-5-C1, “Parking Space And Drive Aisle Dimensions”, of this section and illustrated in figure 9-5E-5-C1, “Parking Space And Drive Aisle Dimensions”, of this section.

2. Compact Car Spaces: Up to fifteen percent (15%) of the required number of parking spaces may be sized for compact cars. Compact car spaces shall comply with the following standards:

• a. Compact car parking spaces shall be clearly marked “compact cars only”, “compact”, or “c”.

• b. No more than five (5) compact spaces shall be placed next to each other.

TABLE 9-5E-5-C1

PARKING SPACE AND DRIVE AISLE DIMENSIONS

FIGURE 9-5E-5-C1 PARKING SPACE AND DRIVE AISLE DIMENSIONS

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Parallel Parking Spaces

• D. Standards For Off Street Parking For Private Residences: Off street parking and driveways for detached dwellings, manufactured homes, single-family attached dwellings, and two-unit attached dwellings shall meet the following requirements:

1. In single-family and two-family dwellings, one (1) space of the required parking per unit must be covered (e.g., garage, carport). (Ord. 2013-05, 2-6-2014)

2. All mobile food vehicles and motor vehicles which are inoperable and/or without current registration shall not be parked or stored in any required front yard within a residential zoning district or neighborhood.

3. Each parking space shall be at least eight and one-half feet wide by eighteen feet deep (8[1] /2' x 18').

4. The minimum driveway width shall be ten feet (10').

5. Tandem (end to end) parking is allowed to meet the minimum off street parking requirements.

6. Parking may be provided within the front and street side yard setback, as follows:

a. Vehicle parking (including driveways) in residential areas shall be provided on permanent paved surfaces. Unpaved areas between paved drive lanes (California-style driveways) shall not be used for parking.

b. Permanent paved surfaces in the front yard area shall be limited to a maximum five foot (5') wide walkway to the front door of the residence, a driveway that is no wider than the width of the garage or carport, and an area between the driveway and closest interior lot line that is no wider than twelve feet (12') wide. Sites without a garage or carport are limited to a driveway-type parking area in the front yard area that is a maximum twenty feet (20') wide.

c. If an interior side yard area is more than ten feet (10') wide from property line to residence, a driveway no more than twelve feet (12') wide may be added for the purpose of accessing the side yard but shall not be used for parking in the required front yard area. Zoning clearance shall be required to ensure compliance.

7. All vehicles are required to be parked on a paved surface. Driveways and driveway approaches shall be paved. (Ord. 2013-05, 2-6-2014; amd. Ord. 2015-08, 1- 5-2016; Ord. 2017-06, 5-16-2017; Ord. 2024-01, 6-18-2024)

A. Purpose Of Loading Area Requirements: The purpose of these regulations is to provide the number, size, location, and screening requirements for loading areas in mixed use, commercial, and industrial uses. The intent of these regulations is to minimize disruptions of traffic flow by freight carrying vehicles blocking the public right-of-way and to minimize impacts to vehicular and pedestrian conflicts.

B. When Loading Regulations Apply: This regulation applies to all nonresidential development in mixed use, commercial and industrial districts, whether or not a permit or other approval is required for the development. Buildings smaller than twenty thousand (20,000) square feet in size are exempt from the requirements of this section.

C. General Loading Area Requirements: The number of required loading spaces is based on the use of the building and the building size, minus any residential component square footage, as described in table 9-5E-6-C1, "Required Minimum Loading Spaces", of this section. Where two (2) or more uses are located on the same premises, the number of loading area spaces required is the sum of the spaces required for each use.

TABLE 9-5E-6-C1

REQUIRED MINIMUM LOADING SPACES

D. Off Street Loading Standards:

1. Dimensions: Loading spaces shall be not less than ten feet (10') in width and twenty five feet (25') in length, with fourteen feet (14') of vertical clearance.

2. Setback And Landscaping: Loading areas must comply with the setback and perimeter landscaping and screening standards. When parking areas are prohibited or not allowed between a building and a street, loading areas are also not allowed.

3. Maintenance: The provision for maintenance of off street loading facilities is a continuing obligation of the property owner.

4. Loading And Maneuvering Areas: Loading and maneuvering areas shall be hard surfaced unless a permeable surface is required to reduce surface runoff, as determined by the City.

5. Passenger Vehicle Parking: Parking of passenger vehicles may be allowed in off street loading areas subject to specific time limits to prevent conflicts with off street loading activities. If parking is allowed, the parking time limits shall be clearly posted. These parking spaces shall not count toward meeting the general parking requirements.

FIGURE 9-5E-6-C1

TYPICAL LOADING AREA - BACK IN AND SIDE LOAD

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• E. Location Of Required Loading Facilities:

1. The off street loading facilities, regardless of the development type, shall be on the same lot or parcel of land as the structure they are intended to serve.

2. The off street loading facilities shall be designed and located so that loading vehicles are not parked in required setbacks, driveways, or required parking spaces during loading activities.

3. No loading space shall be located so that a vehicle using such loading space projects into any public street.

4. Loading spaces shall be provided with access to an alley when alley access is available.

5. Bays and doors shall be located in a manner that would preclude any possibility for trucks to back into bays from arterial streets. (Ord. 2013-05, 2-6-2014)

A. Applicability: Bicycle parking facilities in parking lots shall be provided for nonresidential and multi-family uses as provided in this section. Bicycle parking facilities shall comply with the California building code. (Ord. 2013-05, 2-6-2014)

ARTICLE F. SIGNAGE

SECTION:

9-5F-1: Purpose And Sign Definitions

9-5F-2: Administrative Provisions

9-5F-3: General Sign Provisions

9-5F-4: Design Standards For Signs

9-5F-5: Standards For Permanent On Site Signs

9-5F-6: Standards For Temporary On Site Signs

9-5F-7: Standards For Off Site Signs

9-5F-8: Standards For Signs On City Property And Within Public Rights Of Way

• 9-5F-9: Electronic Billboards

A. The purpose of this article is to establish regulations for signs. These regulations are intended to protect the public health, safety, and welfare and provide for the integrity of the community's aesthetics. The city recognizes that signs and other graphics are an essential element of a community's visual appearance, provide a means to identify and promote businesses, provide useful information to the public, and should not become visual distractions along public roadways. Consequently, the purpose of this chapter is to provide sign regulations for signs on private property that are consistent with the goals and objectives of the city's general plan and the community's visual and aesthetic goals. In addition, these regulations are intended to:

1. Promote an economically stable and visually attractive community;

2. Promote signs and graphics that are attractive, pleasing, and harmonized with the physical character of the building and environment surrounding properties;

3. Prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message;

4. Encourage individuality among businesses through signage;

5. Improve traffic safety and the smooth and efficient flow of pedestrians and vehicles to their destinations; and

6. Direct persons to various activities and enterprises, in order to provide for maximum public convenience. (Ord. 2013-05, 2-6-2014)

• B. The following definitions shall apply to this title:

A-FRAME SIGN: See definition of Portable Sign.

ABANDONED SIGN: Those signs left after the close of a business and which have not been updated upon occupancy of a new business at the same location or within twelve (12) months of business closure. See subsection 9-5F-2F, "Abandoned Signs", of this article.

ANIMATED SIGN: Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create visual motion or the appearance thereof.

AWNING: A rooflike cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

AWNING OR CANOPY SIGN: A sign that is part of or attached to an awning, canopy, or other material, or structural protective cover over a door, entrance, window, or outdoor service area.

BALLOON SIGN: Any sign that uses blown air or a gas to remain inflated.

BANNER: Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. Flags shall not be considered banners (see definition of Flag).

BILLBOARD: A permanent structure sign which is used for the display of off site commercial messages. The permanent structure of the sign constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located. It is a sign used as advertising for hire (e.g., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel [not including those who rent space from the sign owner, when such space is on the same parcel or is the same development as the sign], in exchange for a rent, fee or other consideration). Billboards are located off site of the location of topic being advertised or identified.

BUILDING ATTACHED SIGN: A sign placed on a wall, awning, canopy, parapet, or a blade bracket. See also definitions of Wall Sign, Awning Or Canopy Sign, Window Sign, or Projecting Sign.

CAN SIGN: A sign which contains all the text and/or logo symbols within a single enclosed box cabinet that is mounted to a wall or other surface. It specifically does not include the sign cabinet that is part of a freestanding sign.

FIGURE 9-5F-1-1

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CAN SIGN

CHANNEL LETTER SIGN: A sign made up of individual letters that are independently mounted to a wall or other surface. The "airspace" between the letters is not part of the sign structure but rather the building facade. A logo may also be considered a channel letter provided it is clearly distinguishable from other sign elements. FIGURE 9-5F-1-2

==> picture [182 x 172] intentionally omitted <==

CHANNEL LETTER SIGN

CONSTRUCTION SIGN: See subsection 9-5F-2C2d of this article.

DIRECTIONAL SIGN: An on site sign containing no commercial message, directing pedestrians or vehicles into or out of driveways, parking areas or other areas of the site on which the sign is located.

ELECTION SIGN: See subsection 9-5F-2C2h of this article.

FLAG: Any fabric or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

FREESTANDING SIGN: A permanent sign that is self-supporting in a fixed location and not attached to a building. A freestanding sign can be connected or attached to a sign structure or wall that is not an integral part of a building. Freestanding signs include, but are not limited to, monument signs and pylon signs.

GAS PRICING SIGNS: Any sign identifying the brand, types, octane rating, etc., of gasoline for sale, as required by state law.

GATEWAY ENTRY SIGNS: A sign located at a major entrance into the city as described in the general plan.

GOVERNMENTAL SIGN: Any temporary or permanent sign erected and maintained by or required by the city of Lemoore, the county of Kings, state of California, or federal government for the purpose of providing official governmental information to the general public, including, but not limited to, traffic direction, city entrance, or for designation of direction to any school, hospital, historical site, or public service, property, or facility.

t sign erected and maintained by or required by the city of Lemoore, the county of Kings, state of California, or federal government for the purpose of providing official governmental information to the general public, including, but not limited to, traffic direction, city entrance, or for designation of direction to any school, hospital, historical site, or public service, property, or facility.

HIGHWAY ORIENTED SIGN: A freestanding sign structure with multi-tenant identification located within one thousand feet (1,000') of a state highway and which is not considered a "billboard".

HIGHWAY ORIENTED SIGN PERMIT: That discretionary permit for the approval of commercial signs that are oriented to the highway as defined in this title.

HOME OCCUPATION SIGN: A sign located at a residence advertising a business or profession legally conducted in the residence.

INCIDENTAL SIGN: A sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, including, but not limited to, restrooms, phones, credit cards, or hours of business.

KIOSK SIGN: A freestanding sign structure that provides removable panel inserts that each contain directional information. A kiosk is located off site from the location it is providing information to.

LOGO: A graphical mark or symbol used to identify a company, organization, product or brand.

MARQUEE OR CHANGEABLE COPY SIGN: A sign, or portion thereof, with characters, letters, or illustrations that can be changed or rearranged manually without altering the face or surface of the sign. A sign on which the message or characters change more than twelve (12) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this title.

FIGURE 9-5F-1-3

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MARQUEE OR CHANGEABLE COPY SIGN

MENU/ORDER BOARD SIGN: A sign installed in a drive- through facility and oriented so as to be visible primarily by drive-through customers.

MONUMENT SIGN: A sign constructed upon a solid appearing base or pedestal (typically stone, brick, or concrete), the total width of which is at least fifty percent (50%) of the overall height of the sign.

FIGURE 9-5F-1-4

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MONUMENT SIGN

MOVING SIGN: Any sign of which all or any part thereof revolves or moves in any fashion whatsoever.

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

PERMANENT SIGN: A sign that is entirely constructed out of durable materials, is fixed in place, and is intended to exist for more than thirty (30) days.

POLE SIGN: An on site freestanding sign, supported by a sign structure from the ground which identifies businesses located on the same parcel or in the same development on which the sign is located. Pole signs are supported by one or more metal or wood posts, pipes, or other vertical supports. When the support structure is not integrated into the overall design of the sign, these are prohibited in all districts.

PORTABLE SIGN: Any sign that is not permanently attached to a building or to the ground and may be easily moved. Portable signs are often configured with an A- frame or T-frame.

FIGURE 9-5F-1-5

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PORTABLE SIGN

PROJECTING SIGN: A sign that projects perpendicular from a structure (bracket sign) or is hung beneath a canopy (blade sign).

FIGURE 9-5F-1-6

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PROJECTING SIGNS

PUSHPIN LETTER SIGN: A sign comprising individual letters that are independently mounted to a wall or other surface. Such sign may be illuminated by an external light source, such as pendant lighting. The "airspace" between the letters is not part of the sign structure but rather the building facade.

FIGURE 9-5F-1-7

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PUSHPIN LETTER SIGN

PYLON SIGN: An on site freestanding sign, supported by a sign structure from the ground which identifies businesses located on the same parcel or in the same development on which the sign is located. Pylon signs are designed such that the support structure and the sign face are designed as one architecturally unified and proportional element. Also see definitions of Monument Sign and Pole Sign.

FIGUR E 9-5F-1-8

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PYLON SIGN

REAL ESTATE SIGN: See subsection 9-5F-2C2e of this article.

REVERSE CHANNEL LETTER SIGN: A sign comprising individual letters that are independently mounted to a wall or other surface, with lights mounted behind the letters that face the wall behind. Lights illuminate the space around the channel letters rather than the channel letters themselves, creating a "reverse" lighting effect (e.g., halo effect). The "airspace" between the letters is not part of the sign structure but rather the building facade.

FIGURE 9-5F-1-9

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REVERSE CHANNEL LETTER SIGN

SIGN: Any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public. Notwithstanding the foregoing, the following do not fall within the definition of a sign:

1. Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure or site which is not visible from the exterior thereof, or located at least three feet (3') from the window on the interior of the structure.

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

3. Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a building; the definition also includes foundation stones and cornerstones.

4. Personal appearance. Items or devices of personal apparel, decoration or appearance, including, but not limited to, tattoos, makeup, wigs, costumes, and masks (but not including commercial mascots).

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

6. Fireworks, candles, and artificial lighting. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this title.

7. Mass transit graphics. Graphic images mounted on trains or duly licensed mass transit vehicles that legally pass through the city.

8. Vehicle and vessel insignia. As shown on street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel.

9. Newsracks and newsstands.

10. Shopping carts and golf carts.

11. Vending machines that do not display off site commercial messages or general advertising messages.

12. Graphic images that are visible only from above, such as those visible only from airplanes or helicopters, but only if not visible from the street surface or public right of way.

13. Holiday and cultural observance decorations that are on display for not more than forty five (45) calendar days per year (per parcel or use) and which do not include commercial advertising messages.

SIGN FACE: That area or portion of a sign on which copy is intended to be placed.

SIGN PROGRAM: A written description of the signs for new multi-tenant shopping centers, office parks, and other multi- tenant, mixed use, or otherwise integrated developments of three (3) or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities.

SUBDIVISION DIRECTIONAL SIGN: A temporary or otherwise limited term sign for the purpose of providing direction for vehicular and/or pedestrian traffic to the initial home sales of multiple lots with a single builder within a master planned community, including both single-family and multi-family for sale products. All other home sales are included within the definition of "real estate sign".

SUBDIVISION PERMANENT IDENTIFICATION SIGN: A sign located at the entrance to the subdivision for the purpose of a permanent identification of the subdivision. Such signs are of a permanent nature, usually constructed of long lasting, weather resistant materials such as stone or metal.

SUBDIVISION SIGN: A sign identifying the initial home sale and location of land and/or multiple lots with a single builder within an approved residential subdivision/master planned community, including both single-family and multi-family for sale products, or new/substantially renovated apartment complex of more than twenty five (25) units.

TEMPORARY SIGN: A sign not constructed or intended for long term use. Typically, temporary signs are not physically suitable for display longer than thirty (30) days. If a sign does not qualify as a "structure" under the building code, it is presumably a temporary sign, but subject to the interpretation of the planning director. Examples of temporary signs include banners, vertical banners, stick signs, and A-frame signs.

VINYL SIGN: A sign constructed of vinyl or plastic that is affixed to a building with adhesive, bolts, screws, or other similar method.

WALL SIGN: A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in such a way as to be substantially parallel to such exterior building wall to which it is attached or supported by.

WAYFINDING SIGN: An off site sign that directs pedestrians and vehicular traffic to major destinations in the city.

WINDOW SIGN: A sign attached to, suspended behind, placed, or painted upon the window or glass door of a building and intended for viewing from the exterior of such building. This definition does not include merchandise offered for sale on site, when on display in a window. This definition does not include window tinting, shading or coloring without graphics, symbols, or written copy. (Ord. 2013-05, 2-6-2014; amd. Ord. 2015-08, 1-5-2016)

This section describes the administrative provisions for signage regulation, including permit requirements and review procedures, policies for review of signs, signs exempt from permit requirements, and prohibited signs.

A. Permit Required: The following permits or entitlements shall be required for signs:

1. Zoning Clearance Required: Zoning clearance shall be required for all permanent signs (building-attached, freestanding, and highway oriented) prior to erection, relocation, alteration, or replacement of a sign, unless otherwise exempted by this article. Zoning clearance is conducted as part of the review of the building permit as provided in section 9-2B-3, "Zoning Clearance", of this title. No planning approvals shall be required for general maintenance of existing conforming signs or the replacement of a conforming sign face (including message) when the area of the sign is not being changed and a building permit is not required (e.g., the replacement of a sign face on a legal conforming sign). A sign permit is also not required for the establishment of temporary signs; however, such signs shall be consistent with the development standards and time duration limits established in this article.

2. Sign Program: A sign program shall be required for all new multi-tenant shopping centers, office parks, and other multi- tenant, mixed use, or otherwise integrated developments of three (3) or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities. A sign program provides a process for the city's review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a sign program is to establish a shared sign design or theme that to which all future tenants must adhere. The process for application, review, and decision regarding a sign program shall be as established in section 9-2B-13, "Sign Program", of this title.

3. Highway Oriented Sign Permit: A highway oriented sign permit shall be required for all highway oriented signs as provided in this article. The process for application, review, and decision regarding a highway oriented sign permit shall be as established in section 9-2B-18, "Highway Oriented Sign Permit", of this title.

4. Variances: Applications for a variance from the terms of this article shall be reviewed according to the variance procedures set forth in section 9-2B-16, "Variance", of this title.

B. Policies For Signage Regulations: The following policies regarding signage in the city are established:

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

2. Message Neutrality: It is the city's policy and intent to regulate both commercial and noncommercial signs in a viewpoint neutral and/or content neutral manner. The message of the sign shall not be reviewed except to the minimum extent necessary to identify the type of sign.

3. Message Substitution: Subject to the property owner's consent, a noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized pursuant to this article, without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this requirement is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. In addition, any on site commercial message may be substituted, in whole or in part, for any other on site commercial message, provided that the sign structure or mounting device is authorized pursuant to this article, without consideration of message content. This requirement does not create a right to increase the total amount of signage on a parcel, lot, or land; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; and does not allow for the substitution of an off site commercial message in the place of an on site commercial or noncommercial message.

4. On Site/Off Site Distinction: Within this article, the distinction between on site and off site signs applies only to commercial messages.

5. General Prohibition: Permanent signs not expressly permitted by this article are prohibited.

6. Exceptions To Limitations: Any exception to the limitations listed herein shall require a variance pursuant to section 9-2B-16, "Variance", of this title. However, consideration of the variance request shall not evaluate the message or graphic design of the sign.

7. Indecent Or Obscene Matter: To the extent allowed by law, signs with any statements or words of an obscene, indecent, or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency, or any other matter or thing of an obscene, indecent, or immoral character shall be prohibited.

C. Exemptions From Permit Requirements: The following sign types are expressly exempted from the permit requirements of this article but still must satisfy any and all other applicable permit requirements when necessary (e.g., building, electrical, plumbing, grading, encroachment):

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

a. Change of copy that does not alter the size, location, or illumination of a conforming sign.

b. All devices which are excluded from the definition of a "sign" as set forth in this title.

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

d. Direction, warning, or information signs or structures required or authorized by law, or by federal, state, county, or city authority, including, but not limited to, traffic control signs (e.g., stop, yield), highway route number signs, and construction zone signs.

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

f. Street address signs on buildings and building identification signs consistent with the city adopted building code or relevant provisions of the city municipal code. Notwithstanding anything in this section, street address signs may be illuminated and may contain reflective paint or material.

g. Tablets and plaques, installed by the city or a historical organization, including names of buildings and date of erection.

h. Signs and advertising for the California state lottery as authorized by California Government Code section 8880 et seq.

i. Gas pricing signs, as required by State law, which identify the brand, types, octane rating, etc., of gasoline for sale within the City 1 . This does not limit the approval and design requirement for permanent or temporary placement and approval provisions listed herein.

j. Signs on vehicles and vessels, including license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business for which the vehicle or vessel is an instrument or tool (not including general advertising, such as mobile billboards), and messages relating to the proposed sale, lease, or exchange of the vehicle or vessel. (Ord. 2013-05, 2-6-2014)

2. Exempt Signs With Limitations: The following signs are exempt from sign permit and City review, provided that they meet the size, height, duration, and/or maximum number limitations listed:

• a. Window signs in conformity with this article.

• b. Temporary signs in conformity with this article.

c. Flags, provided they meet the requirements in subsection 9-5F-4B10 of this article. (Ord. 2017-06, 5-16-2017)

d. Signs on property undergoing construction or remodeling not exceeding thirty two (32) square feet each in area and limited to one (1) sign for each street frontage. Such signs shall not be illuminated. Such signs shall be removed within thirty (30) days of the earliest of the following events: final building inspection approval, issuance of a valid certificate of occupancy, opening for business to the public, or expiration of the building permit.

• e. Signs on property for sale, lease, or rental as follows:

(1) On residential property, one (1) sign not exceeding eight (8) square feet and not exceeding a height of five feet (5'). On weekends and holidays, up to four

(4) signs to direct traffic to the subject property are allowed, provided each sign does not exceed eight (8) square feet in area and three and one-half feet (31/2') in height. A sign shall not be placed on the sidewalk or street or where it creates a safety hazard. The sign shall not be illuminated.

(2) On nonresidential, downtown, and mixed use property, one (1) sign per street frontage, not exceeding thirty (30) square feet in area or ten feet (10') in height. The sign shall not be illuminated.

f. Signs on property where there is a garage, yard, or estate sale taking place. Such signs may be posted for no more than forty eight (48) hours and must be removed at the end of the sale. A maximum of six (6) square feet is allowed per sign. For further information, see section 3-8-4, "Advertising Signs", of the Municipal Code.

g. On site directional signs, such as exit, entrance, or other on site traffic directional signs. The maximum height of any directional sign shall be forty two inches (42") and the maximum size shall be six (6) square feet. No advertising or message other than for traffic direction shall be displayed.

h. Noncommercial signs, as defined in this Code, consistent with the following requirements:

(1) Six (6) square feet of signage, set back at least five feet (5') from the public right-of-way and not projecting above the roofline of any structure.

(2) During the time period beginning ninety (90) days before a special, general, or primary election and ending three (3) weeks after such election, the total allowed sign area for noncommercial signs may be increased by an additional thirty (30) square feet in area (for a total of 36 square feet). The same setback and height restrictions listed above shall apply to this additional area. (Ord. 2013-05, 2-6-2014)

D. Prohibited Signs: The signs listed in this subsection are inconsistent with the purposes and requirements of this chapter as described below and as such are prohibited in all zoning districts, unless specifically authorized by another requirement of this article.

1. Any sign not specifically in accordance with the requirements of this chapter.

2. Billboards (off site signs with commercial message), as defined in this article. The city prohibits the construction, erection, or use of any billboards other than those that legally exist in the city, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. No permit shall be issued for any billboard which violates this policy, and the city will take immediate enforcement or abatement action against any billboard constructed or maintained in violation of this policy.

3. Roof signs or signs placed above the roofline.

4. Animated, flashing, scrolling, or video screen signs (e.g., electronic reader board sign) where the message changes more frequently than once every seven (7) seconds. Other types of signs such as barber poles or electronic reader board signs that change message less frequently than once every seven (7) seconds may be permitted consistent with the requirements of this article.

5. Pennants, pinwheels, and other signs that utilize two (2) or more light bulbs in a wire string; paraphernalia composed of paper unless displayed inside a window; or signs displayed outdoors that are composed of paper or other lightweight material that could not be securely anchored, would easily degrade, or could not withstand limited exposure to the elements (e.g., a paper sign whose writing would become illegible if exposed to water, or a cardboard sign taped to a building exterior that could easily blow away).

6. Pole signs, as defined in this article. Note that freestanding signs constructed with poles as the substructure where the poles are encased to incorporate design features are not considered pole signs.

7. Signs which are mobile, rotate, or move.

8. Signs placed on the public right of way or affixed to an element or structure on the public right of way, or located on a publicly owned tree, fence, or utility pole or otherwise posted on public property, except where required by a governmental agency; and signs on private property affixed to a fence; or signs affixed to a tree, shrub, rock, or other natural object on private property.

9. Inflatable balloon signs, including, but not limited to, individual balloons, balloon strings, and other inflatable objects made of a flexible material and inflated so as to be lighter than air.

10. Signs painted upon a fence.

11. Signs affixed to vehicles or trailers that advertise or promote a business. This prohibition does not apply to signs permanently affixed to the side of a business or commercial vehicle or to signs required by state or federal law (e.g., contractor's license number) as exempted in the definition of a sign.

12. Signs attached to light standards (poles) unless part of a sign program or street banner program.

13. Signs affixed to a structure or property not owned by the person installing the signs without the written consent of an owner. (Ord. 2015-08, 1-5-2016)

E. Nonconforming Signs: Except as otherwise provided by this section, all existing signs which do not meet the requirements of this article shall be deemed nonconforming signs and shall either be removed or brought into compliance with the city's municipal code when a substantial alteration to the sign is made. Change of copy shall not be deemed a substantial alteration. For purposes of this section, a "substantial alteration" shall be defined as repair or refurbishing of any sign that alters its physical dimensions or height, or replaces any integral component of the sign including, but not limited to, alterations to exterior cabinets, bases, or poles. Customary maintenance, such as repainting the sign text, cabinet, or other component of the sign, or routine replacement of border and trim with substantially the same colors and materials, in its existing approved physical configuration and size dimensions at the specific location approved by the city shall not constitute substantial alteration.

alterations to exterior cabinets, bases, or poles. Customary maintenance, such as repainting the sign text, cabinet, or other component of the sign, or routine replacement of border and trim with substantially the same colors and materials, in its existing approved physical configuration and size dimensions at the specific location approved by the city shall not constitute substantial alteration.

F. Abandoned Signs: "Abandoned signs" shall be those signs left after the close of a business and which have not been updated upon occupancy of a new business at the same location. The following standards shall apply to conforming and nonconforming abandoned signs:

1. If a sign is maintained, the sign copy shall be replaced with blank sign copy within ninety (90) days of the close of the business (e.g., no utility service, not open for more than 2 weeks).

2. A sign that is maintained with blank copy shall only be allowed to remain for nine (9) months (for a total of 12 months from business closure). At the conclusion of this time period, the planning director shall send a notice stating that the sign shall be removed.

3. Abandoned signs that are not maintained or removed consistent with the requirements of this section may be abated by the city and reimbursed by the property owner. (Ord. 2013-05, 2-6-2014)

Notes

1 1. BPC §§13530-13540.

This section describes the procedures for measurement of signs (including area and height) and construction and maintenance requirements.

A. Sign Area Measurement Procedures: Generally, the area of a sign shall be measured as the overall length of the sign multiplied by the overall height of each segment of copy or logo. See figure 9-5F-3-A1, "Sign Area", of this section.

FIGURE 9-5F-3-A1

SIGN AREA

==> picture [247 x 96] intentionally omitted <==

1. Awning Or Canopy Signs: Sign copy which is applied to an awning or canopy shall be computed at one hundred percent (100%) of the area within a single rectangle enveloping the sign copy.

2. Freestanding Signs: Freestanding signs are to be computed as total height by the total length of the sign for one side regardless if it is single or double face, excluding framework of separate single wood post or masonry column and single wood or masonry beam. The base of a monument sign is not part of the sign. See figure 9-5F-3-A2, "Freestanding Sign Area", of this section.

FIGURE 9-5F-3-A2

FREESTANDING SIGN AREA

==> picture [136 x 86] intentionally omitted <==

==> picture [90 x 166] intentionally omitted <==

3. Three-Dimensional Objects: Where a sign consists of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculptures, or statuelike trademarks), the sign area shall be measured as their maximum visible surface area from any vantage point. See figure 9-5F-3-A3, "Area Of Three-Dimensional Objects", of this section.

FIGURE 9-5F-3-A3

AREA OF THREE-DIMENSIONAL OBJECTS

==> picture [266 x 110] intentionally omitted <==

B. Sign Height Measurement: Sign height shall be measured from the uppermost part of the sign used in determining the area of the sign to the lowest elevation at the base of the sign.

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

1. All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign. 2. All permanent signs shall be constructed of quality, low maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements.

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

3. All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed. D. Clearance From Public Utility Facilities: The person erecting a sign and the owner of the premises shall maintain any legally required clearance from communications and electric facilities. A sign may not be constructed, erected, installed, maintained, or repaired in any manner that conflicts with a rule, regulation, or order of the California public utilities commission pertaining to the construction, operation, and maintenance of public utilities facilities.

E. Interference With Motorist Field Of Vision:

1. No sign shall be located in a manner which may obstruct or interfere with the view of a traffic signal or other traffic regulatory signs. No sign shall, as determined by the public works director, be so located as to create a hazard to the life or property of any person using the public right of way.

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

3. Signs shall not be located within the clear visibility area.

• F. Sign Siting:

1. Location Of Building-Attached Signs: Building signs may be located along any frontage of a building that faces directly onto a public right of way or an internal circulation path of the site. Orientation of signs such that they face directly onto residential property is to be avoided and is allowed only when there is no practical alternative and the visibility of the sign from the residence is minimized and not illuminated.

2. Setback And Spacing Of Freestanding Signs:

• a. The minimum setback distance for freestanding signs shall be measured from the back of the public right of way or side of a driveway. Unless an encroachment permit is granted, all freestanding signs shall be located outside of the public right of way and any required clear visibility area.

b. The minimum spacing distance between permanent freestanding signs, excluding on site directory and menu/order board signs, shall be two hundred fifty feet (250'), except that highway oriented signs shall be separated a greater distance as described in subsection 9-5F-5D, "Highway Oriented Signs", of this article. This section shall not be used to deny a site the placement of a freestanding sign.

G. Maintenance Requirements: Every sign and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other nonmaintained or damaged portions of a sign shall be repaired or replaced within thirty (30) days following notification by the city. Noncompliance with such a request will constitute a nuisance condition and zoning violation and will be enforced as such.

kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other nonmaintained or damaged portions of a sign shall be repaired or replaced within thirty (30) days following notification by the city. Noncompliance with such a request will constitute a nuisance condition and zoning violation and will be enforced as such.

H. Sign Removal Or Replacement: When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This requirement does not apply to routine maintenance. (Ord. 2013-05, 2-6-2014)

A. General Sign Design Requirements: The following criteria shall be utilized for permanent on site signs. Signs shall comply with general design standards as

provided here in addition to design standards applicable only to unique sign types as provided in subsection B, "Design Standards For Specific Sign Types", of this section.

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

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

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

• c. Unless otherwise permitted by another requirement of this article, signs shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color;

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

• e. Light sources shall utilize energy efficient fixtures to the greatest extent possible and shall comply with title 24 of the California code of regulations.

B. Design Standards For Specific Sign Types: In addition to the general sign design requirements in subsection A, "General Sign Design Requirements", of this section, the following requirements shall apply to the specific sign types:

1. A-Frame Signs: A-frame signs, where permitted under section 9-5F-6, "Standards For Temporary On Site Signs", of this article, shall be placed at least fifteen feet (15') behind the face of curb and outside the city right of way; except that in the downtown they may be located on the sidewalk in front of the business. No A-frame signs may be placed where they may obstruct vision or create other public safety hazards or ADA obstruction. A-frame signs shall be removed during all times when the business is closed.

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

• a. Lettering shall be located within the middle seventy percent (70%) of the awning area.

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

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

• d. Awnings shall not be lighted from under the awning (backlit) so that the awning appears internally illuminated. Lighting directed downward that does not illuminate the awning is allowed.

3. Marquee Or Changeable Copy Sign: These types of signs shall be considered to be the same as any other type of sign and shall be regulated based on their location; i.e., if located on a wall, they shall be deemed wall signs. There shall be at least seven feet (7') of clearance between the bottom of the sign and the sidewalk immediately below the sign. No such sign shall project over the public right of way closer than five feet (5') to the curb line of a street or have a sign area exceeding one hundred (100) square feet. Electric (digital) changeable copy signs shall not change message more than one time every seven (7) seconds and intensity shall be adjusted between day and night hours to not be a safety hazard.

4. Freestanding Signs: Freestanding signs, including monument and pylon signs, shall only be permitted as follows:

a. In an effort to promote full architectural integration of signs, voids between the sign face and the sign structure are prohibited. Either the sign face shall utilize the full width of the sign structure or coverings that are architecturally consistent with the rest of the sign shall be used to fill any voids. Monument and pylon signs, as defined in this title, are the preferred sign type for freestanding signs.

FIGURE 9-5F-4-B1

FREESTANDING SIGN WITH VOIDS

==> picture [292 x 147] intentionally omitted <==

• b. Freestanding signs may only be constructed as follows:

• (1) For sites with less than three hundred feet (300') of street frontage, a monument sign is permitted consistent with the requirements of this article.

(2) For sites with three hundred feet (300') or more of street frontage, a monument or pylon sign is permitted. Multiple adjoining properties that individually do not have at least three hundred feet (300') for frontage may establish a joint use easement to allow sharing of one sign. Such combination shall first require the approval of a sign program for all properties.

5. Projecting Signs: Projecting signs, including, but not limited to, blade signs, bracket signs, and marquee signs, shall be considered wall signs for the purposes of sign area calculations. Projecting signs shall only be permitted as follows:

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

b. Angle Of Projection: Projecting signs shall either be located at right angles to the building front along the building facade, or, when located on the corner of a building, at a forty five degree (45°) angle to the corner of the building.

• c. Height: The lowest point of a blade or bracket sign shall be a minimum of six feet eight inches (6'8") above grade.

• d. Projection: The sign may project a maximum of five and one- half feet (51/2') from the building.

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

6. Wall Signs:

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

• b. Wall signs shall not project more than fourteen inches (14") from the building facade.

c. Wall sign raceways shall be concealed from public view (e.g., within the building wall or otherwise integrated with the design of the sign and building) so as to

not detract from the architectural character of the building. (Ord. 2013-05, 2-6-2014)

d. Channel letters, reverse channel letters, and pushpin letters are preferred. (Ord. 2015-08, 1-5-2016)

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

7. Temporary Sign: In addition to the standards of section 9-5F-6, "Standards For Temporary On Site Signs", of this article, no temporary sign shall be day-glo or fluorescent in color.

8. Window Sign:

a. Window signs shall not take up more than twenty five percent (25%) of the total window area of the establishment.

• b. Window signs shall not count toward the overall allowed permanent signage allowed for an establishment but the message may be changed out on a regular basis similar to a temporary sign. (Ord. 2013-05, 2-6-2014) 9. Can Sign: A can sign shall at all times have a sign face installed so that the inside of the can sign's box is not visible. To meet this requirement, the sign face may be blank. (Ord. 2015-08, 1-5-2016)

10. Flags And Flagpoles: Flagpoles may be mounted on the ground, a roof, or a building wall. Ground-mounted flagpoles shall not be located within any required side or rear yard setback areas. Flags and flagpoles shall also meet the following size standards:

• a. Ground-mounted flagpoles located in the RC, ML, or MH Zones shall have a maximum height of fifty feet (50') or a maximum height equal to twice the distance from the base of the pole to the closest lot line, to a maximum of one hundred feet (100'), whichever is greater.

• b. Ground-mounted flagpoles located in the AR, RVLD, RLD, RN, RLMD, RHD, W, AG, PR, or DMX-3 Zones shall have a maximum height of thirty feet (30'), mounted on the ground.

• c. Ground-mounted flagpoles located in the DMX-1, DMX-2, MU, CN, PO, or CF Zones shall have a maximum height of fifty feet (50').

• d. Roof-mounted flagpoles shall have a maximum height equal to the height of the building plus thirty feet (30').

• e. The maximum width (hoist) of an individual flag on a ground- mounted or roof-mounted flagpole shall be equal to twenty percent (20%) of the height of the flagpole upon which it is located. The maximum length (fly) of an individual shall be twice the allowed width (hoist). (Ord. 2017-06, 5-16-2017)

• C. Design Standards For Specific Sign Types In The Downtown Mixed Use Zone Districts: In addition to the general sign design requirements in subsection A, "General Sign Design Requirements", of this section, the following requirements shall apply to the specific sign types located in the Downtown Mixed Use Zone Districts:

1. Awning Sign: a. Lettering shall only be allowed on valance flaps and shall not exceed ten inches (10") in height; it shall also be located within the middle seventy percent (70%) of the valance area.

• b. Logos, symbols, and graphics are allowed on the shed (slope) portion of an awning, not exceeding nine (9) square feet.

• c. Awning signs are only permitted on first and second story occupancies.

• d. Awnings may be illuminated through spotlighting (e.g., pendants) directed at the face of the awning.

2. Bracket Sign, Marquee Sign, And Projecting Sign:

a. These signs shall not be longer than eight feet (8') and shall not be taller than four feet (4').

• b. These signs shall maintain a minimum vertical clear space to sidewalk of eight feet (8').

• c. An encroachment agreement is required when this sign is placed over the public sidewalk. These signs shall maintain a minimum two foot (2') clear space to curb. d. These signs may be internally or externally illuminated; however, internally illuminated signs shall be designed so that only the letters, logos, numbers, or symbols appear illuminated. The background of the sign shall not be illuminated, such as with a can sign.

• e. Marquee and projecting signs shall not be attached to the sloping face of mansard overhangs or other architectural devices intended to resemble or imitate roof structures. 3. Channel Letter, Pushpin, Reverse Channel Letter, And Wall Sign:

• a. These signs shall not extend above an eave or parapet. When located along a fascia, they shall not extend beyond the vertical distance of the fascia.

b. These signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than twelve inches (12"). The designated approving authority may modify this requirement in special circumstances where a projection greater than twelve inches (12") may be desirable to allow the creation of an especially creative and unique sign design.

• c. These signs shall be located within the middle seventy percent (70%) of the building or occupancy frontage.

• d. These signs shall not cover or obstruct any portion of a window or architectural element.

• e. These signs may be internally or externally illuminated; however, internally illuminated signs shall have opaque face panels so that only the letters, logos, numbers, or symbols appear illuminated. 4. Portable Sign:

• a. One (1) portable sign shall be permitted per establishment. In the case of multiple establishments having a common entrance, only one (1) portable sign shall be permitted per entrance. Examples include, but are not limited to, mall buildings.

• b. The maximum size for portable signs shall be eight (8) square feet. The maximum height allowed shall be four feet (4').

• c. Portable signs shall be made of long lasting, durable materials such as wood and metal. Portable signs shall not be made of cardboard or poster board.

5. Window Sign: A window sign shall not make up more than twenty five percent (25%) of the window area.

6. Signs Using Neon Light: Neon light may be used, provided the sign is compatible with the design character of the building. (Ord. 2013-05, 2-6-2014)

The standards of this section provide the regulations for on site signs on private property, including height, size, placement, and illumination. Regulations are listed based upon zoning district and sign type.

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

1. Collective Sign Area: The total sign area allowed herein for each sign type may be distributed among the maximum number of signs permitted for that sign type.

2. Cumulative Sign Area Allowance: Allowable sign area is either a set square footage per establishment or is based on a ratio of allowable sign area to primary building frontage (i.e., 1 square foot of sign per 1 linear foot of primary building frontage, or 1 sf/1 lf). Where a ratio is described, it applies to the maximum sign area listed in table 9-5F-5-B1, "Signage Standards For Permanent On Site Signs By Zoning District", of this section. The sign area allowed for permanent on site signs shall be independent of the area allowed for temporary signs as provided in section 9-5F-6, "Standards For Temporary On Site Signs", of this article.

B. General Standards: Except as provided in subsections C, "Menu/Order Board Signs For Drive-In And Drive-Through Uses", and D, "Highway Oriented Signs", of this section, permanent on site signs shall be consistent with the standards listed in table 9-5F-5-B1 of this section as listed by base zoning district. The types of signs permitted in each district are specified in table 9-5F-5-B2, "Allowed Types Of Permanent On Site Signs By Zoning District", of this section. Only those signs specified in the tables shall be permitted.

TABLE 9-5F-5-B1

SIGNAGE STANDARDS FOR PERMANENT ON SITE SIGNS BY ZONING DISTRICT

(Ord. 2013-05, 2-6-2014; amd. Ord. 2017-06, 5-16-2016; Ord. 2023-01, 6-18-2024)

TABLE 9-5F-5-B2

ALLOWED TYPES OF PERMANENT ON SITE SIGNS BY ZONING DISTRICT[1]

Note:

1. An "A" means the sign type is allowed; an "N" means the sign type is not allowed.

• (Ord. 2015-08, 1-5-2016)

C. Menu/Order Board Signs For Drive-In And Drive-Through Uses: Each drive-in or drive-through use is permitted a maximum of sixty (60) square feet of menu/order board signage. The sign(s) shall not count as a sign for purposes of table 9-5F-5-B1, “Signage Standards For Permanent On Site Signs By Zoning District”, of this section, either in terms of number or cumulative area. The maximum height for a menu/order board sign shall be six feet (6').

D. Highway Oriented Signs: Properties in the mixed use, neighborhood commercial, regional commercial, professional office, and industrial zoning districts and within five hundred feet (500') of the centerline of State Highways 41 or 198 may, upon issuance of a highway oriented sign permit, establish a highway oriented sign consistent with the following provisions, in addition to other provisions of this article:

1. Permit Requirements: All highway oriented signs require the approval of a highway oriented sign permit prior to issuance of a building permit. The procedures for application, review, and decision of a highway oriented sign permit are as provided in section 9-2B-18, “Highway Oriented Sign Permit”, of this title.

2. Number: One highway oriented sign shall be permitted per either:

a. Integrated developments, as defined in this title, consisting of three (3) or more tenants; or

• b. Sites with a single tenant.

3. Height: The maximum height of highway oriented signs shall be as follows:

• a. For single-tenant signs, a maximum of sixty feet (60');

• b. For multi-tenant signs, a maximum of eighty feet (80');

4. Location:

a. Spacing Between Signs: No highway oriented sign shall be located closer than eight hundred feet (800') from any other highway oriented sign. A lesser spacing distance may be allowed through approval of the highway oriented sign permit, provided the designated approving authority makes the following findings:

(1) The reduced distance between highway oriented signs will not cause a safety impact or create sign clutter contrary to a small town atmosphere.

b. Setbacks: All portions of signs must be set back a minimum of ten feet (10') from the highway right-of-way or other distance as determined by Caltrans. All highway oriented signs must be distanced from any residential district by a minimum of two hundred feet (200').

c. Visibility: Highway oriented signs shall not be located to inhibit pedestrian or vehicular visibility and more specifically shall not be located within the “clear visibility area” as defined in this title. Illuminated signs shall be directed away from any residentially designed land.

d. Additional Restrictions: See title 7, chapter 4, “Advertising Displays Adjacent To Freeways”, of the Municipal Code for additional citing restrictions along landscaped freeways.

5. Area: Highway oriented signs shall comply with the following limitations on sign area:

a. In neighborhood commercial and regional commercial zoning districts: The maximum allowed sign area for single tenant highway oriented signs shall be three hundred (300) square feet per side. For multi-tenant signs, the total maximum sign area shall be twelve hundred (1,200) square feet per side with each tenant space limited to three hundred (300) square feet. The maximum tenant space may exceed 300 square feet for the main tenant if the sum of all square footage does not exceed 300 square feet per tenant sign. Ancillary components of the sign, such as shopping center identification, shall not exceed twenty five percent (25%) of the total sign area and shall be excluded from the calculation of the total maximum sign area.

b. In mixed use, professional office, and industrial zoning districts: The maximum allowed sign area for single tenant highway oriented signs shall be one hundred (100) square feet per side. For multi-tenant signs, the total maximum sign area shall be six hundred (600) square feet per side with each tenant space limited to one hundred (100) square feet.

c. Cumulative Sign Area: The area of a highway oriented sign shall not be counted toward the cumulative maximum sign area of the underlying property.

d. Accommodation for 19th Avenue Off-ramp: Due to the length of the 19th Avenue off-ramp, the maximum allowed sign area for properties within 1,000 feet of the crossing of 19th Avenue over Highway 198 may increase their maximum allowed sign areas by thirty percent (30%).

6. Architecture: Highway oriented signs shall be designed as pylon signs or pole signs. Pole signs shall include either a structural or architectural base from which the pole extends. The base shall be a minimum 50% wider than the diameter of the pole and a minimum twelve feet (12') high as measured from the ground unless an alternate design is approved by the Director. Highway oriented signs shall be composed of materials and design that are aligned with the purpose of this chapter and the community design element of the general plan. Examples of exterior sign materials include, but are not limited to, stucco, brick, wood panels, marble, aluminum, and roof structures. The community development director may modify or waive these architectural design standards upon finding that the proposed sign provides an alternative architectural design that is aesthetically equivalent to or greater than these standards.

7. Illumination: All highway oriented signs must be internally lit. Signs shall not have blinking, flashing, or fluttering lights or other illuminating devices that have a changing light, brightness, or color. Changeable copy LED lights are allowed to be incorporated into the structure so long as they change no more than every seven (7) seconds and shall adjust intensity between day and night so as to not be a safety hazard. Sign lighting shall meet the sign lighting standards found in the latest version of the California Energy Commission’s Nonresidential Compliance Manual.

E. Murals:

1. The City encourages murals as a way to add visual interest to a building or area. As such, murals of a noncommercial nature shall be excluded from the allowed sign area for a property.

2. Murals are allowed on facades of buildings other than the side with the main entrance. The mural may encompass the entire surface area of the wall but shall not project onto the roof.

3. No person shall paint a mural on the exterior of any structure or change any existing mural on the exterior of any structure prior to the issuance of a mural permit issued by the City Council. An application for a mural permit shall be submitted on the form prescribed by the Community Development Director. (Ord. 2013-05, 2-62014; amd. Ord. 2018-03, 5-15-2018; Ord. 2024-01, 6-18-2024)

This section describes standards for temporary on site signs. Temporary signs may include, but are not limited to, commercial signs for grand openings or for special product, sale, or event advertising. All temporary signs must comply with the standards listed in table 9-5F-6-D1, "Temporary On Site Sign Allowances And Design Standards", of this section and are subject to the following:

A. Time Duration:

1. Generally: Display periods for temporary on site signs shall be limited to a maximum of thirty (30) days, provided that the same type of temporary sign was not located on the site for a minimum of thirty (30) days prior to display and the same type of temporary sign will not be displayed for a minimum of thirty (30) days after unless described otherwise in this section.

2. Subdivision Signs: All temporary signs for subdivisions shall be removed within ten (10) days after all lots in the subdivision are sold. Subdivision signs at new or substantially renovated apartments shall be removed six (6) months from opening.

3. A-Frame Signs: A-frame signs shall be removed each night at close of business.

• B. Illumination: Temporary signs shall not be illuminated.

• C. Message: Temporary signs displaying a commercial message shall be limited to on site signage only.

TABLE 9-5F-6-D1

TEMPORARY ON SITE SIGN ALLOWANCES AND DESIGN STANDARDS

(Ord. 2013-05, 2-6-2014)

A. General Prohibition: Except as outlined below, all new off site commercial signage is prohibited within the city. Existing off site commercial signs (e.g., billboards) that are not electronic are considered nonconforming signs as regulated by subsection 9-5F-2E, “Nonconforming Signs”, of this article. A limited number of electronic billboards (billboards with electronically changeable copy) within the city limits may be permitted as regulated by Section 9-5F-9 “Electronic Billboards”, of this article. Additionally, consistent with state law, the city does permit off site subdivision directional signs (subdivision kiosk signs) as provided in this section.

B. Subdivision Kiosk Sign: The purpose of subdivision kiosk signs is to direct the traffic related to new residential subdivisions in a manner that minimizes visual clutter, reduces unnecessary traffic through established neighborhoods, and provides an orderly, attractive, high quality image of the city. When originally placed, kiosk signs will require a sign permit as required by this title and their locations approved within or outside of the city's right of way.

1. Kiosks shall include removable sign panels with no more than one panel per residential subdivision.

2. Kiosks shall not exceed sixty (60) square feet in sign area, twelve feet (12') in height, and five feet (5') in width with signage at least thirty six inches (36") off the

ground. Proposed kiosks exceeding these dimensions require approval through the conditional use permit process.

3. No directional kiosk may be located within one thousand five hundred feet (1,500') of another directional kiosk except in the case of signs on different corners of an intersection, unless an unusual situation causes the need for a deviation as determined by the city.

4. All directional kiosk signs placed on private property shall have the written consent of the property owner. All directional kiosk signs placed on city right of way/lighting landscape maintenance district area/public facility maintenance district area shall obtain an encroachment permit.

5. The review of a proposed directional kiosk will include size, height, design, materials, and colors.

6. The directional kiosk sign may only be located in a manner that does not obstruct the view of traffic or safety signs, encroach within the clear visibility area, or otherwise pose a traffic or safety hazard.

7. There shall be no additions, tag signs, streamers, balloons, flags, devices, display boards, or appurtenances added to the subdivision kiosk signs as originally approved.

8. The city may deny an application for a directional kiosk or revoke an existing permit where an applicant, permittee, or developer with a panel on a kiosk fails to comply with these provisions.

9. Panels on directional kiosk signs may not be displayed after a subdivision developer has completed the sale of all units in the development. Each developer shall be responsible for their removal. (Ord. 2013-05, 2-6-2014)

C. Temporary Off Site Signs Advertising A Nonprofit Event: Up to a maximum of five (5) temporary off site signs that advertise a nonprofit event to be held at a specific time, date, and place may be displayed up to twenty one (21) days prior to the date of the event. The sign face shall be no greater than thirty two (32) square feet, and the maximum height of the sign shall be six feet (6'). The sign's material and composition shall have a professionally made appearance, and shall be either a wooden sign with two (2) posts or attached to a wall, or a vinyl or vinyl like banner attached to a wall or fence. Signs shall be placed at least five feet (5') behind the public right of way, and shall not be placed without the property owner's permission. Signs shall be removed within three (3) days of the end of the event.

(Ord. 2015-08, 1-5-2016; amd. Ord. 2025-02, 4-1-2025)

A. Purpose And Intent: The purpose of this section is to provide the process and standards for establishing signage on city property and public rights of way. In adopting this section, the city council acts in its proprietary capacity as to "city property", as defined in this title, within the city. This section is adopted pursuant to the city's general powers, property rights, Government Code sections 65850(b), 38774, and 38775, Business And Professions Code section 5200 et seq., and Penal Code section 556 et seq.

B. Intent As To Public Forum: The city declares its intent that not all city property and public rights of way shall function as a designated public forum, unless some specific portion of city property or public rights of way is designated herein as a public forum of one particular type. In such case, the declaration as to public forum type shall apply strictly and only to the specified area and for the specified time period.

C. General Prohibition: Unless specifically authorized by this chapter, no signs may be displayed on city property or within public rights of way by private parties. Any sign posted on city property or within public rights of way in violation of this section may be summarily removed by the city as a trespass and a public nuisance.

D. Governmental Signs: Unless specifically authorized by this chapter, only the city, or other local or state governmental agencies, may display signs on city property or within public rights of way.

E. Temporary Signs Displaying Noncommercial Message: In areas qualifying as traditional public forums, private persons may display noncommercial message signs thereon, provided that such signs conform to all of the following:

1. The signs must be personally held by a person or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet (5') of the sign at all times.

2. The maximum aggregate size of all signs held or personally attended by a single person is six (6) square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area. (Ord. 2016-04, 4-19-2016)

3. The maximum size of any one sign which is held or personally attended by two (2) or more persons is fifty (50) square feet, measured on one side only.

4. The sign must have no more than two (2) display faces and may not be inflatable or air activated.

5. In order to serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet (5') width clearance for pedestrians to pass by. Persons holding signs may not obstruct the "clear visibility area", as defined in this title.

6. The message substitution policy of this chapter applies only to traditional public forum areas. (Ord. 2013-05, 2-6-2014)

• F. Street Banner/Sign Program:

1. The street banner/sign program is limited to signs, banners, or other displays placed by the city over or on city streets, relating to any civic or public events or activities.

2. For purposes of this section, "civic event or activity" shall mean the following: Any event or activity organized or sponsored by the city, including, but not limited to:

a. Any public program or educational activity; and

b. The commemoration or celebration of any historical date, event or person, holiday, or persons or events of local, state, or national significance.

3. For purposes of this section, "sponsored by" shall mean the city is:

a. Participating in an official capacity in the planning, preparation or promotion of the event or activity; or

b. Contributing twenty five percent (25%) of the total estimated costs of the civic event or activity, or at least one thousand dollars ($1,000.00), whichever is less. This contribution may take the form of funds, labor, staff time, materials, fee subsidies, or any combination of the foregoing.

4. Street banners shall be allowed to be displayed up to thirty (30) days prior to the event and shall be removed within nine (9) days after the event has ended.

5. Street signs shall be located so as not to obscure vision or create other public safety hazards as determined by the public works director.

(Ord. 2016-04, 4-19-2016)

A. Intent and Purpose. It is the intent of this section to allow a limited number of electronic billboards (billboards with electronically changeable copy) within the city limits through the Conditional Use Permit process and subject to design standards.

B. General Provisions.

1. No billboard shall be constructed, relocated, or upgraded within the city without a Conditional Use Permit (CUP) unless otherwise allowed by this Chapter. Each application shall be considered separately and individually. Multiple billboards shall not be combined into a single application. Multiple faces on a single billboard shall be submitted as a single application. CUP requests will be heard in the order that complete applications are received.

2. The City may permit a total of up to four (4) electronic billboards within city limits through the CUP process. No new billboards that are not electronic shall be permitted. Any existing legal nonconforming billboard in place at the time of the approval of this section may not be converted to an electronic billboard.

3. All CUPs approved for electronic billboards shall require that the placement, design, and operations standards in this section be met. The Planning Commission or City Council may add additional conditions based on specific circumstances.

C. Placement.

1. Electronic billboards shall only be permitted within 200 feet of Highway 198 or Highway 41 and only in the Regional Commercial (RC), Light Industrial (ML), or Parks and Recreation/Ponding Basin (PR) zone districts.

2. No electronic billboard shall be placed within 1,000 feet of another electronic billboard on the same side of the highway. No electronic billboard shall be placed within 300 feet of a highway-oriented sign on the same side of the highway.

D. Design.

1. The total height of an electronic billboard shall not exceed 60 feet to the top of the billboard. The bottom of the billboard face shall be no lower than 30 feet. These standards may be adjusted in the CUP process where the billboard is adjacent to an elevated highway.

2. The electronic billboard sign support shall be a single pole with façade-like embellishments wrapped around the pole. The materials used in the sign support embellishments shall be primarily natural stone, brick, approved masonry panels, stucco, or architectural metal.

3. Electronic billboards must have clearance or necessary approvals in writing from Caltrans Outdoor Advertising prior to issuance of the building permit.

4. No portion of the electronic copy on the sign face shall change more frequently than once every six seconds.

5. The electronic sign shall not emit any audible sound, buzz, or noise. The electronic copy shall be limited to no more than thirty lumens output, measured at 10 feet from the sign face.

• E. Findings for Approval. The following findings shall be made by the approving authority before a Conditional Use Permit is approved:

1. The proposed sign is consistent with the general plan and all applicable provisions of this title; and

2. The establishment, maintenance, or operation of the electronic billboard will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the city; and

3. The proposed electronic billboard would not create a traffic or safety problem, including problems associated with on-site access circulation or visibility; and

4. The proposed electronic billboard shall not constitute a hazard to the safe and efficient operation of vehicles upon a highway; and

5. The electronic billboard will not cause light and glare to intrude upon residential uses, including those in mixed-use districts or developments.

• F. Operation.

1. All electronic billboards shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, painting, repainting, cleaning, ensuring the sign facing is not dilapidated or faded, and other acts required for the maintenance of such billboard.

2. The operator of an electronic billboard sign shall provide to the City of Lemoore Community Development Department 24-hour contact information for a person who has the authority and ability to turn off the electronic sign promptly after a malfunction occurs. Any sign not properly functioning needs to be repaired to the City’s satisfaction within 30 days of written notice or be potentially subject to CUP revocation.

3. The operator of an electronic billboard shall coordinate with the local authorities to display, when appropriate, emergency information important to the traveling public, including, but not limited to, Amber Alerts and other alerts of emergency situations. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

4. The Planning Commission or City Council may require that the City be provided with message time to advertise events or provide civic information on the electronic billboard with no or a reduced fee.

(Ord. 2025-02, 4-1-2025)

ARTICLE G. AFFORDABLE HOUSING INCENTIVES (DENSITY BONUS)

SECTION:

9-5G-1: Purpose

9-5G-2: Eligibility For Density Bonus And Incentives And Concessions

• 9-5G-3: General Provisions For Density Bonus And Incentives And Concessions

• 9-5G-4: Number And Types Of Density Bonuses And Incentives And Concessions Allowed

• 9-5G-5: Location Of Density Bonus Units

• 9-5G-6: Continued Availability

The purpose of this article is to provide incentives for the production of housing for very low income, lower income, moderate income, special needs, and senior households in the city of Lemoore and to establish procedures for carrying out the legislative requirements and complying with California Government Code section 65915 et seq. In enacting this article, it is the intent of the city to facilitate the development of affordable housing by positively impacting the economic feasibility of providing lower income housing and implementing the goals, objectives, and policies of the city's housing element. (Ord. 2013-05, 2-6-2014)

A. The city shall grant one density bonus, with concessions or incentives, as specified in section 9-5G-4, "Number And Types Of Density Bonuses And Incentives And Concessions Allowed", of this article, when the applicant for the residential development seeks and agrees to construct a residential development, excluding any units permitted by the density bonus awarded pursuant to this article, that will contain at least one of the following. The units qualifying a development for a density bonus shall be referred to as "target units". The applicant shall specify which of the following is the basis for the density bonus:

1. Ten percent (10%) of the total units of a housing development for lower income households;

2. Five percent (5%) of the total units of a housing development for very low income households;

3. A senior citizen housing development or age restricted mobilehome park; or

4. Ten percent (10%) of the total dwelling units in a common interest development as defined in California Civil Code section 4000 et seq., for persons and families of moderate income, provided that all units in the development are offered to the public for purchase. (Ord. 2013-05, 2-6-2014)

9-5G-3: GENERAL PROVISIONS FOR DENSITY BONUS AND INCENTIVES AND CONCESSIONS:

The following general requirements apply to the application and determination of all incentives and bonuses:

A. Rounding: All density calculations resulting in fractional units shall be rounded up to the next whole number; except that the percentage of total units proposed to qualify the development for a density bonus shall not be rounded up. For example, for a two hundred (200) unit project that proposes twenty one (21) lower income units (or 10.5 percent), the allowed density bonus would be based on ten percent (10%) lower income units, not eleven percent (11%).

B. Relation To General Plan, Zoning: The granting of a density bonus, or a concession or incentive, shall not be interpreted, in and of itself, to require a general plan amendment, zoning change (rezone), or other discretionary approval.

C. Density Bonus Excluded In Calculation: The density bonus shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

• D. Parking: Upon request by the applicant, the city shall not require that a housing development meeting the requirements of section 9-5G-2, "Eligibility For Density Bonus And Incentives And Concessions", of this article provide a vehicular parking ratio, inclusive of handicapped and guest parking that exceeds the following:

1. Zero (studio) to one bedroom: One on site parking space per unit.

2. Two (2) to three (3) bedrooms: Two (2) on site parking spaces per unit.

3. Four (4) or more bedrooms: Two and one-half (2.5) parking spaces per unit.

If the total of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide "on site parking" through tandem parking or uncovered parking, but not through on street parking.

E. Waived Or Reduced Development Standards: The city shall not apply any development standard that would have the effect of physically precluding the construction of a housing development meeting the requirements of section 9-5G-2, "Eligibility For Density Bonus And Incentives And Concessions", of this article at the densities or with the incentives or concessions permitted by this article. A proposed waiver or reduction of development standards shall neither reduce nor increase the number of allowable incentives or concessions under section 9-5G-4, "Number And Types Of Density Bonuses And Incentives And Concessions Allowed", of this article.

An applicant may submit to the city a proposal for the waiver or reduction of development standards, when standards would have the effect of physically precluding the proposed development, and may request a meeting with the city. Nothing in this subsection, however, shall be interpreted to require the city to waive or reduce development standards if:

1. The waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5 of the California Government Code, upon health and safety or the physical environment and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

2. This would have an adverse impact on any real property that is listed in the California register of historical resources; or

3. The waiver or reduction would be contrary to state or federal law.

F. Multiple Zoning Districts: If the site of a development proposal is located in two (2) or more zoning districts, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zoning districts based on the site acreage within each zoning district. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries.

G. City Authority: Nothing in this article shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

H. Agreement Required:

1. Prior to the award of a density bonus and any related incentives or concessions, the applicant shall enter into an agreement with the city to ensure the continued affordability of all target units.

2. For all target units, the agreement shall specify the household income classification, number, location, size, and construction scheduling and shall require target units in a project and phases of a project to be constructed concurrently with the construction of nontarget units. The agreement shall include such other provisions as necessary to establish compliance with the requirements of this article.

l target units, the agreement shall specify the household income classification, number, location, size, and construction scheduling and shall require target units in a project and phases of a project to be constructed concurrently with the construction of nontarget units. The agreement shall include such other provisions as necessary to establish compliance with the requirements of this article.

I. Reports: The applicant shall submit financial or other reports along with the application for the project to establish compliance with this article. The city may retain a consultant to review any financial report (pro forma). The cost of the consultant shall be borne by the applicant, except that if the applicant is a nonprofit organization, the cost of the consultant may be paid by the city upon prior approval of the city council. (Ord. 2013-05, 2-6-2014)

A. Density Bonus: A housing development that satisfies the eligibility requirements in section 9-5G-2, "Eligibility For Density Bonus And Incentives And Concessions", of this article shall be entitled to the following density bonus:

1. For developments providing ten percent (10%) lower income target units, the city shall provide a twenty percent (20%) increase above the otherwise maximum allowable residential density as of the date of application, plus a one and a half percent (1.5%) supplemental increase over that base for every one percent (1%) increase in low income target units above ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty five percent (35%).

2. For developments providing five percent (5%) very low income target units, the city shall provide a twenty percent (20%) increase above the otherwise maximum allowable residential density as of the date of application, plus a two and a half percent (2.5%) supplemental increase over that base for every one percent (1%) increase in very low income target units above five percent (5%). The maximum density bonus allowed including supplemental increases is thirty five percent (35%).

3. For senior citizen housing developments, a flat twenty percent (20%) of the number of senior units.

4. For common interest developments providing ten percent (10%) moderate income target units, the city shall provide a five percent (5%) increase above the otherwise maximum allowable residential density as of the date of application, plus a one percent (1%) increase in moderate income units above ten percent (10%). The maximum density bonus allowed including supplemental increases is thirty five percent (35%).

B. Number Of Incentives Or Concessions: In addition to the density bonus described in this section, an applicant may request specific incentives or concessions. The applicant shall receive the following number of incentives or concessions:

1. One incentive or concession for projects that include at least ten percent (10%) of the total units for lower income households, at least five percent (5%) for very low income households, or at least ten percent (10%) for persons and families of moderate income in a common interest development.

2. Two (2) incentives or concessions for projects that include at least twenty percent (20%) of the total units for lower income households, at least ten percent (10%) for very low income households, or at least twenty percent (20%) for persons and families of moderate income in a common interest development.

3. Three (3) incentives or concessions for projects that include at least thirty percent (30%) of the total units for lower income households, at least fifteen percent (15%) for very low income households, or at least thirty percent (30%) for persons and families of moderate income in a common interest development.

4. The city shall grant the concession or incentive requested by the applicant unless it makes a written finding of any of the following:

a. The concession or incentive is not required in order to provide for affordable housing costs, as defined in section 50052.5 of the Health And Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

b. The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California register of historical resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

c. The concession or incentive would be contrary to state or federal law.

C. Available Incentives And Concessions:

1. A reduction in the site development standards or a modification of the requirements of this title that exceed the minimum building standards approved by the California building standards commission as provided in part 2.5 (commencing with section 18901) of division 13 of the Health And Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions.

2. Approval of mixed use zoning in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and existing or planned development in the area in which the housing development will be located.

3. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions.

4. Priority processing of a housing development that qualifies for a density bonus based on income restricted units.

D. Additional Density Bonus And Incentives And Concessions For Donation Of Land To The City:

1. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city and agrees to include a minimum of ten percent (10%) of the total units before the density bonus for very low income households, the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density, plus a one percent (1%) supplemental increase for each additional percentage of very low income units to a maximum density bonus of thirty five percent (35%) for the entire development.

2. The density bonus provided in this subsection shall be in addition to any other density bonus provided by this article up to a maximum combined density bonus of thirty five percent (35%).

3. The applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:

a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application;

b. The developable acreage and zoning designation of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development;

c. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of section 65583.2 of the Government Code, and is or will be served by adequate public facilities and infrastructure;

d. The transferred land shall have all of the entitlements and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of section 65583.2 of Government Code if the design is not reviewed by the city prior to the time of transfer;

e. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this article which shall be recorded on the property at the time of the transfer;

• f. The land is transferred to the city or to a housing developer approved by the city;

g. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-fourth (1/4) mile of the boundary of the proposed development; and

h. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

4. Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

• E. Additional Density Bonus Or Incentives And Concessions For Development Of Childcare Facility:

1. Housing developments meeting the requirements of section 9-5G-2, "Eligibility For Density Bonus And Incentives And Concessions", of this article and including a childcare facility that will be located on the premises of, as part of, or adjacent to the housing development shall receive either of the following:

a. An additional density bonus that is an amount of square footage of residential space that is equal to or greater than the amount of square footage in the childcare facility;

b. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the childcare facility.

2. The city shall require the following as conditions of approving the housing development:

a. The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable, pursuant to subdivision (c) of section 65915 of the Government Code; and

b. Of the children who attend the childcare facility, the children of very low income households, lower income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to section 9-5G-2, "Eligibility For Density Bonus And Incentives And Concessions", of this article.

3. Notwithstanding any other requirements of this section, the city shall not be required to provide a density bonus or incentive or concession for a childcare facility if it makes a written finding, based upon substantial evidence, that the community has adequate childcare facilities.

F. Condominium Conversion Incentives For Low Income Housing Development:

1. An applicant for approval to convert apartments to a condominium project may submit to the city a preliminary proposal pursuant to this subsection prior to the submittal of any formal requests for subdivision map approvals. The city shall, within ninety (90) days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this subsection.

a. When an applicant for approval to convert apartments to a condominium project agrees to the following, the city shall grant either a density bonus of twenty five percent (25%) over the number of apartments, to be provided within the existing structure or structures proposed for conversion, or provide other incentives of equivalent financial value;

b. Provide at least thirty three percent (33%) of the total units of the proposed condominium project to persons and families of low or moderate income, or provide at least fifteen percent (15%) of the total units of the proposed condominium project to lower income households; and

c. Agree to pay for the reasonably necessary administrative costs incurred by the city.

2. For purposes of this subsection, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.

3. Nothing in this subsection shall be construed to require the city to approve a proposal to convert apartments to condominiums.

4. An applicant shall be ineligible for a density bonus or other incentives under this subsection if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentive was previously provided. (Ord. 2013-05, 2-6-2014)

The location of density bonus units within the housing development may be at the discretion of the developer. However, the target units shall be dispersed throughout the housing development and when feasible shall contain, on average, the same number of bedrooms as the nontarget units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish. (Ord. 2013-05, 2-6-2014)

A. Minimum Thirty Years: If a housing development provides low or very low income target units to qualify for a density bonus, the target units must remain restricted to lower or very low income households for a minimum of thirty (30) years from the date of issuance of the certificate of occupancy by the building official, or longer if required by the project financing.

B. Common Interest Housing: In the case of a common interest housing development providing moderate income target units to qualify for a density bonus, the initial occupant of the target unit must be a person or family of moderate income. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation, and the city shall recapture any initial subsidy and its proportionate share of appreciation which shall then be used within three (3) years for any of the purposes described in subdivision (e) of section 33334.2 of the California Health And Safety Code that promote homeownership. The city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. The city's "proportionate share" shall be equal to the percentage by which the initial sale price to the moderate income household was less than the fair market value of the home at the time of the initial sale.

C. Direct Financial Contributions: Where there is a direct financial contribution to a housing development pursuant to Government Code section 65915, the city shall assure continued availability for low and moderate income units for thirty (30) years. (Ord. 2013-05, 2-6-2014)

A. Process For Approval: The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The designated approving authority for density bonuses, incentives, and concessions shall be the city council. In approving the density bonus and any related incentives or concessions, the city and applicant shall enter into a density bonus agreement.

B. Approval Of Density Bonus Required: The city shall grant the density bonus requested by the applicant provided it is consistent with the requirements of this article and state law.

C. Approval Of Incentives Or Concessions Required Unless Findings Made: The city shall grant the incentive(s) and concession(s) requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following:

1. The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units.

2. The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California register of historical resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

3. The concession or incentive would be contrary to state or federal law.

D. Administrative Fee: The city shall charge applicants an administrative fee to cover the city's cost to review all materials submitted in accordance with this article and for ongoing enforcement of this article. The amount of the administrative fee shall be established by city council resolution and updated as required. Fees will be charged for staff time and materials associated with:

1. Review and approval of applications for the proposed development;

2. Project marketing and lease-up; and

3. Long term compliance of the applicant and successors in interest to the applicant, with respect to the affordable housing units. (Ord. 2013-05, 2-6-2014)