Chapter 21.42 — LANDSCAPING STANDARDS[[8]]

Footnotes:

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Editor's note— ORD-10-0031, § 6, adopted Oct. 12, 2010, amended Ch. 21.42 to read as herein set out. Former Ch. 21.42, §§ 21.42.010—21.42.060, pertained to similar subject matter and derived from: Ord. C- 6533 § 1 (part), 1988; Ord. C-6895 § 23, 1991; Ord. C-6933 § 34, 1991; Ord. C-7032 §§ 31, 48, 1992; Ord. C-7065 §§ 1, 2, 1992; Ord. C-7326 §§ 22, 23, 31, 1995; Ord. C-7360 §§ 12, 17, 1995; Ord. C-7399 §§ 12, 13, 1996; and ORD-09-0034 § 1, 2009.

Landscapes are intended to improve the physical appearance of the City by providing visual, ecological, and psychological relief in the urban environment. Successfully designed and maintained landscape areas provide an attractive living, working, and recreating environment in addition to their role in reducing water and energy consumption.

(ORD-10-0031 § 6, 2010)

The provisions of this Chapter shall be the minimum requirements for the provision and maintenance of landscaped areas.

(ORD-10-0031 § 6, 2010)

The following requirements shall apply to all zoning districts:

A.

Landscaped Area. All required yards and setback areas shall be attractively landscaped primarily with drought tolerant and native plant materials. Decorative non-living materials such as brick, stone, art, fountains and ponds may be used within the landscaped area provided such materials present an attractive setting consistent with the intent of these landscaping requirements. All landscape areas shall be completely planted or covered. "Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, walkways, driveways, parking lots, decks, patios, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

1.

A complete Landscape Document Package showing the Estimated Total Water Usage (ETWU) of all proposed plantings falling below the property's specific Maximum Applied Water Allowance (MAWA), as specified in the Landscape Document Package application, shall be required. Selected plants shall not cause the estimated water use to exceed the landscape project's water budget.

2.

Non-permeable paving and non-permeable artificial turf shall not cover more than thirty percent (30%) of on-site area that is not covered by structures, driveways, and approved parking pads. To help with on-site stormwater retention and filtration along with reducing the urban heat island effect, the use of permeable and high reflectance paving materials is encouraged.

3.

Live plant material shall cover a minimum of fifty percent (50%) of any front setback area.

4.

Mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas and areas of creeping or rooting groundcovers to retain soil moisture, regulate soil temperature, suppress weed growth, and improve landscape aesthetics.

5.

Compacted soils shall be transformed to a friable condition prior to any planting to aide proper on-site drainage and soil moisture retention.

6.

Water-efficient landscape irrigation systems on automated timers and sensors shall be used and abide by all applicable Long Beach Water Department water use prohibitions.

7.

Large canopy trees shall be used to help minimize urban heat island effect.

8.

Projects shall be designed to minimize or eliminate use of turf.

9.

Recirculating water systems shall be used with decorative water features. Where available, recycled water shall be used as a water source.

10.

Plants with similar water needs shall be planted together in distinct hydrozones based on their water, soil, sun and shade requirements. Where irrigation is required, plants with different water needs shall be irrigated with separate values. Plant groupings that mix high and low water use plants shall not be permitted.

11.

The use of infiltration beds, swales, and basins that allow water to collect and soak into the ground; and retention ponds that retain water, handle excess flow and filter pollutants are highly encouraged in the landscape design.

12.

The use of invasive plant species, such as those listed by the California Invasive Plant Council, shall be prohibited in the Coastal Zone.

B.

Maintenance. All landscaped and paved areas shall be maintained in a neat, attractive, orderly and water efficient condition. All paved areas, walls and fences shall be in good repair without broken parts, holes or litter. Dead or diseased plants shall be removed and replaced with plant materials that comply with the provisions of this Chapter.

C.

Plans Required. When applicable, a Landscape Document Package shall be approved prior to the issuance of any planning or building permit. For projects proposing landscape area coverage with a minimum of ninety percent (90%) very low to low water use plantings, ETWU and MAWA calculations are not required in the Landscape Document Package submittal. Applicable landscaping, irrigation, planter drainage, water reuse, retention and filtration improvements shall be implemented before any final building and planning inspection is approved.

D.

An applicant proposing any new or rehabilitated landscape for a project subject to the requirements of Section 21.42.035 shall prepare and submit a Landscape Document Package at the time of project plan check filing. The Landscape Document Package shall contain the following components:

1.

MWELO Project Checklist;

Water Efficient Landscape Worksheet;

3.

Landscape Design Plan;

4.

Irrigation Design Plan;

5.

Grading Plan;

6.

Soil Management Report.

Approval of the Landscape Document Package shall be required prior to the issuance of building permits and before landscaping is installed. Residential and non-residential projects with an aggregate landscape area of two thousand five hundred (2,500) square feet or less may comply with prescriptive compliance measures identified in the MWELO Project Checklist of the Landscape Document Package. Following landscape installation, a Certificate of Completion signed by the professional of record for the landscape

and irrigation design certifying that the project was installed per the City-approved Landscape Document Package shall be filed with Development Services. The Certificate of Completion must be deemed approved before a Certificate of Occupancy is issued.

(ORD-19-0007 § 8, 2019; ORD-16-0028 § 11, 2016; ORD-10-0031 § 6, 2010)

The following water efficient landscaping standards are in place to promote the conservation and efficient use of water in response to ongoing drought conditions:

A.

Applicability.

1.

Pursuant to the State Water Conservation in Landscaping Act (AB1881), the following projects shall comply with the water efficient landscaping standards set forth by the State Model Water Efficient Landscape Ordinance (MWELO):

a.

All projects which require the issuance of a Site Plan Review. All projects requiring Site Plan Review shall file a conceptual MWELO Project Checklist, Water Efficient Landscape Worksheet, and Landscape Design Plan at the time of application submittal. Approval of a conceptual landscape proposal demonstrating

compliance with all applicable MWELO provisions shall be required prior to the issuance of a Notice of Final Action. Approved conceptual landscape proposals must be developed into final landscape plans subject to the requirements of Section 21.42.030 after Notice of Final Action issuance but prior to building permit application filing;

b.

New residential, commercial, industrial, institutional and public agency landscape projects with an aggregate landscape area equal to or greater than five hundred (500) square feet requiring a landscape plumbing permit;

c.

Rehabilitated residential, commercial, industrial, institutional and public agency projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a landscape plumbing permit;

d.

Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 492.4, 492.11 and 492.12; and existing cemeteries are limited to Sections 493, 493.1 and 493.2 of the California Code of Regulations Title 23, Chapter 2.7, Model Water Efficient Landscape Ordinance;

e.

Existing landscapes are limited to Sections 493, 493.1 and 493.2 of the California Code of Regulations Title 23, Chapter 2.7, Model Water Efficient Landscape Ordinance; and

f.

Public facilities and public right-of-way.

2.

The requirements of this Chapter shall not apply to the following projects:

a.

Registered local, State or federal historical sites;

b.

Landscape projects not connected to the public water system;

c.

Ecological restoration projects that do not require a permanent irrigation system; or

d.

Plant collections, as part of botanical gardens and arboretums open to the public.

3.

Special landscaped areas including sports fields, golf courses, and playgrounds where turf is the surface utilized for recreational use may require water exceeding the Maximum Applied Water Allowance (MAWA). As such, justification must be provided in the submittal documentation outlining specific hydrozones needed for additional water exceeding the MAWA. Turf shall be limited to areas utilized for high recreation areas while the perimeter areas shall utilize drought-tolerant and native plants in hydrozones (very low water and low water use).

4.

Orchards, community gardens and nurseries may require water exceeding the MAWA. As such, justification must be provided in the submittal documentation outlining specific hydrozones needed for additional water exceeding the MAWA.

5.

Edible plant gardens may comprise up to ten percent (10%) of total landscaped area. Edible plant gardens in excess of ten percent (10%) but not exceeding twenty percent (20%) of total landscaped area shall use an adequately sized rain barrel or other water retention system for garden irrigation.

(ORD-16-0028 § 11, 2016; ORD-10-0031 § 6, 2010)

21.42.040 - Landscaping standards for R-3, R-4 and Nonresidential Districts.

A.

Applicability. All portions of a lot not paved or occupied by a structure shall be attractively landscaped. All required set back areas shall be landscaped unless used for a permitted use.

B.

Landscape Area Requirements. A minimum number of plants shall be provided as follows:

1.

On-Site Street Frontage.

a.

Within the required setback area along all street frontages, except at driveways, a minimum five-foot (5') wide landscaping strip (inside dimension to planter) shall be provided. This area shall be landscaped with one (1) tree for each fifteen (15) linear feet of street frontage and three (3) shrubs for each tree.

b.

Sites with more than one hundred feet (100') of street frontage shall also provide one (1) tree of not less than thirty-six inch (36'') box size for each one hundred feet (100') of street frontage.

c.

Planters. All on-site landscaped areas adjoining the public right-of-way shall be located in planters not less than three inches (3") high. The planters shall be designed to drain back onto the private property and not directly onto the public right-of-way. When required, tree-wells shall be sized to allow full growth of proposed trees within the public right-of-way.

2.

Parking Lots.

a.

One (1) canopy tree shall be provided for each four (4) open parking spaces. Trees may be clustered provided the fifty percent (50%) tree canopy shade coverage of all parking stall and related drive aisle areas, after ten (10) years of growth, is achieved. A minimum of one (1) cluster for each one hundred feet (100') of a row or double row of parking spaces shall be provided.

b.

A minimum four foot (4') by four foot (4') planter size shall be provided to allow full growth of proposed trees.

c.

Screening Required. A three-foot (3') tall masonry wall, landscaped berm, or hedge shall be provided in the event parking areas abut a street frontage. See Subsection 21.41.266.C for requirements.

d.

Wheel Stops. No vehicles shall be permitted to overhang required landscaped areas behind wheel stops. See Section 21.41.269 for requirements.

3.

Parking Structures.

a.

An attractive six-foot (6') wide landscaping strip shall be provided on all sides of the structure except at driveways and walkways. One (1) tree shall be provided for each twenty feet (20') of perimeter of the structure in addition to required screening when abutting a residential district, school, or a street frontage. Trees bordering the parking structure shall be of a species that will obtain a mature height of not less than the height of the structure. The trees shall be of a species or shall be located or trimmed in such a way as to prevent people from using them to gain unauthorized access to otherwise secured areas.

b.

Abutting Residential Zone, School, or Public Street. All sides of a parking structure abutting a residential zone, school or public street shall be screened by vines or other decorative screen approved by the

Director of Development Services.

c.

Wheel Stops. No vehicles shall be permitted to overhang required landscape areas behind wheel stops. See Section 21.41.269 for requirements.

4.

Yards and Parking Lots Near Residential District and Schools.

a.

Residential (R-3, R-4), Commercial, Mixed-Use, and Light Industrial (IL) Districts. A minimum five foot (5') wide landscaped strip shall be provided as a buffer along all yard areas abutting or adjacent to an alley, a residential district or school. This area shall be planted fifteen feet (15') on center with broad leaf evergreen trees and minimum twenty-four inch (24") box size.

b.

Medium Industrial (IM), General Industrial (IG) and Port-related Industrial (IP) Districts. A minimum fifteen foot (15') wide landscaped strip shall be provided along the full extent of the property line between the two (2) districts. This area shall be landscaped with one broad leaf evergreen tree, of minimum twenty-four inch (24'') box size, for each fifteen (15) linear feet along the property line, as well as appropriate shrubs and groundcover.

5.

Landscaping Over Parking Garages and Other Green Roofs.

a.

Landscaped areas on top of parking garages or other green roofs shall factor in the structural integrity of the building;

b.

The landscaped areas shall be identified as requiring shallow soils (extensive) or deep soils (intensive);

c.

Extensive green roofs shall contain less than six inches (6") deep of soil to promote plant growth;

d.

Intensive green roofs shall contain deeper soils to support a deeper layer of growing medium; and

e.

Landscaping over parking garages and other green roofs shall contain irrigation and maintenance measures.

6.

Other Yard Areas. There shall be a minimum of one (1) tree provided for each one hundred twenty-five (125) square feet of other required yard area on the lot. In addition, there shall be a minimum of three (3) shrubs provided per tree.

7.

Fences and retaining walls. All required fences and retaining walls shall be landscaped with vines planted no more than ten feet (10') on center on all accessible sides of a wall or alternative plant materials approved by the Director of Development Services.

C.

Plant Size. All the required plant materials shall be not less than the following sizes:

1.

Trees. For required on-site trees, at least twenty-four inch (24") box and seven foot (7') in height;

2.

Shrubs. For required shrubs, at least five (5) gallons; and

3.

Mulch. A minimum of three-inch (3") mulch shall be applied on all exposed soil services of landscaped areas.

D.

Substitutions. The following substitutions for required landscaping materials may be made subject to approval of the Director of Development Services:

1.

Three (3) fifteen (15) gallon trees for one (1) twenty-four inch (24") box tree;

2.

One (1) thirty-six inch (36") box tree for two (2) twenty-four inch (24") box trees;

3.

One (1) forty-eight inch (48") box tree for four (4) twenty-four inch (24") box trees;

4.

One (1) twenty-four inch (24") box tree for five (5) five (5) gallon shrubs; and

Five (5) one (1) gallon shrubs for one (1) five (5) gallon shrub.

E.

Planting Distance Between Trees. Adding the diameter of two (2) adjacent tree canopies and dividing by two (2) shall determine planting distance between two (2) trees. Distance between trees shall not be less than fifteen feet (15') or greater than twenty-five feet (25').

F.

Plant Height. Plant height shall not exceed three feet (3') in corner cutoff areas.

G.

Green Building Development Standards. In addition to the above requirements, projects requiring Site Plan Review shall comply with the Green Building Development Standards located in Section 21.45.400.

H.

Exceptions. The Site Plan Review Committee may waive any of the landscape standards if it finds that such changes will create a more functional, water or energy efficient, sustainable or cohesive design.

(ORD-19-0028 § 23, 2019; ORD-10-0031 § 6, 2010)

21.42.050 - Landscaping standards—Public right-of-way (Parkway).

A.

Responsibility. Pursuant to the requirements of this Chapter, the owner of private property adjoining the public right-of-way shall be responsible to plant, install and maintain landscaping in the area between the curb and the private property line for the entire frontage of the property. For any landscaping or paving in the parkway that does not conform or comply with the requirements of this Chapter, the City of Long Beach shall not be responsible for any loss or damage to such landscaping or paving materials in the parkway, such as cast-in-place concrete or paving units set on concrete, associated with street, curb or sidewalk repairs, or any other municipal repair or maintenance function.

B.

Street Trees.

1.

Provision of Trees. One (1) large canopy street tree, of not less than twenty-four inch (24") box size, shall be provided for each twenty-five feet (25') of property line length whenever a new dwelling unit is added to the adjoining property or new development requiring discretionary approval, Site Plan Review, or a fence built under the special fence height provisions. Such street tree shall be of a species approved by the Director of Public Works and shall be provided with root barriers and irrigation according to the specifications of the Director of Public Works.

Exceptions. Street trees shall be spaced a reasonable and safe distance from driveways, light standards, intersections, utility poles and street furniture and shall be located only in the prescribed width of parkway at least thirty inches (30") wide between the sidewalk and curb. An in-lieu fee shall be provided for any tree required in Subsection 21.42.050.B.1 that is not allowed by these. Such fee shall be established by the City Council by resolution and shall only be used for planting street trees in other locations that do comply with these standards. Such fee shall be paid to the Director of Public Works, and shall be based on the actual cost to the Department of Public Works to obtain and plant a tree.

3.

Removal. No street tree shall be removed unless found by the Director of Public Works to be dead, dying, or a public hazard due to damage to curb, gutter, sidewalk or roadway or potential for falling, or for replacement of trees in an approved street tree program. Such approval shall be recorded with the Department of Development Services before the tree is removed.

C.

Parkway Landscaping.

1.

Provision of Landscaping. The area between the sidewalk and the curb and between the sidewalk and the private property line, if any, shall be landscaped primarily with live plant material and maintained in a neat and healthy condition. Nonliving material and decorative elements may be used within the parkway in accordance with the provisions of this Chapter. The owner of private property adjoining the public right-ofway shall be responsible for planting and maintaining such landscaping. Sidewalk width shall be four feet (4') or, if adjoining the curb, five feet (5'), as provided in Chapter 20.08.

a.

Applicability of additional requirements. At the time of new development involving Site Plan Review from the Planning Bureau or when a complete Landscape Document Package submittal is required, the Planning Bureau may place additional requirements for parkway landscaping beyond the above, e.g., requiring low to very low water usage plant materials, as defined by WUCOLS, over at least ninety percent (90%) of the total landscaped area.

2.

Live Planting Material. Groundcover of not more than eight inches (8") in height, accent plantings or shrubbery not more than thirty-two inches (32") in height and street trees are the only plant materials allowed in the parkway. The planting of low-water demand and drought-tolerant plant materials shall be encouraged by the City of Long Beach. Grass (turf) and other high water use plants, characterized by a WUCOLS plant factor of 0.7 to 1.0, are prohibited in parkways and street medians. Trees shall be allowed in parkways and street medians with preference given to native, low water use trees. All irrigation systems shall limit water use to the maximum extent feasible. Automatic drip irrigation and similar low volume systems are encouraged and, if installed, shall be maintained so as to conserve water, and shall not cause water to runoff into the sidewalk or street or pond within the parkway. Use of reclaimed water for irrigation is encouraged. If permanent irrigation systems using potable water are included in the landscape plan, they

shall use water conserving emitters (e.g., microspray) and drip irrigation only. Use of reclaimed water ("gray water" systems) and rainwater catchment systems are encouraged. Weather based irrigation controllers and, where feasible, other water conservation measures shall be required.

3.

Nonliving Material. Permeable groundcovers that accept foot traffic, such as decomposed granite, inorganic and organic mulches, and modular paving units set on sand, are the only nonliving materials allowed in the parkway and shall not cover fifty percent (50%) or more of the total parkway area.

4.

Decorative Elements. Decorative stone, wood or other elements that are smooth-surfaced are allowed in the parkway, and shall not project more than eight inches (8") above the surface.

5.

Exceptions. The paving of the parkway shall be prohibited, except as follows:

a.

Rights-of-way subject to major uses for commercial or retail purposes, or abutting a major arterial or regional corridor street as designated in the Transportation Element of the General Plan, may be paved for the full depth of the curb to property line area as determined by the City Engineer and the Director of Development Services;

b.

The paving of the parkway is installed by a public utility, the City of Long Beach or another governmental agency for a public purpose;

c.

The paving of the parkway is for a City-approved driveway;

d.

A paved parkway was approved with the subdivision map for the property; or

e.

A standards variance is approved. Such standards variance shall not require public notice and shall be charged the "mini-variance" fee.

6.

Approval of Paving. If an exception is allowed, the parkway may be paved according to the specification of the Director of Development Services. Prior to paving the parkway, the adjoining property owner must obtain a street improvement permit from the Director of Public Works as provided in Chapter 14.08 of this Code.

D.

Parkway Maintenance and Access.

1.

Maintenance of Landscaping. The owner of private property adjoining the public right-of-way shall be responsible for planting and maintaining parkway landscaping free and clear of refuse, noxious weeds, hazardous materials and plants bearing thorns, stickers or other potentially injurious parts. Plants, mulches and inorganic groundcover materials shall not be allowed to overgrow or spill over the edge of the sidewalk or curb.

2.

Maintenance of Traffic Lines of Sight. For purposes of pedestrian and vehicular safety, all parkway landscaping shall be maintained so as not to interfere with necessary vehicular or pedestrian traffic lines of sight, including views of traffic signage and signals and clear views of vehicles within the roadbed or exiting driveways. Such standards, which include limitations on taller landscape elements within street intersection areas, shall be determined by the City Engineer.

3.

Access through Parkways.

a.

In order to maintain access between the sidewalk and legally parked cars on the curb, a minimum eighteen-inch (18") wide strip or path that accepts foot traffic shall be maintained abutting and parallel to the curb adjacent to legal parking spaces. Additional space may be required as needed at public transit stops at the direction of the City Engineer.

b.

In order to prevent obstructions to public access across parkways, continuous hedge-like plantings shall be prohibited. Single specimen shrubs or groupings of elevated landscape materials, including accent plantings or shrubbery of more than eight inches (8") in height, decorative rock and other elements, shall not extend more than six feet (6') along a parkway as measured parallel to the curb, and must be spaced at least thirty-six inches (36") apart as measured parallel to the curb.

c.

The berming of earth or other landscape materials of more than twelve inches (12") in height above the sidewalk at its highest point, or the creation of a bioswale or depression of more than twelve inches (12") in depth at its lowest point, shall be prohibited.

d.

Fencing of any kind shall be prohibited in parkways, except for curbing of not more than six inches (6") in height intended to contain groundcover material.

(ORD-23-0052 § 6, 2023; ORD-19-0007 §§ 4—6, 2019; ORD-16-0028 § 11, 2016; ORD-10-0031 § 6, 2010)

A.

Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, are constructing a new (Single-Family, MultiFamily, public, institutional, or Commercial) project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section.

B.

The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7, and in LBMC Section 21.42.035.

C.

Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in the Section above shall:

1.

Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

a.

For landscape installations, Compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six inches (6") of soil are exempt from adding Compost and tilling.

b.

For landscape installations, a minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

c.

Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not

locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

2.

The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this Section shall consult the full MWELO for all requirements.

D.

If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

(ORD-21-0040 § 12, 2021)

CHAPTER 21.43 - FENCES AND GARDEN WALLS

Fences and garden walls are permitted accessory structures in all zones, subject to the conditions and requirements set forth in this Chapter.

(Ord. C-6533 § 1 (part), 1988)

Fence and garden wall heights shall not exceed the maximum heights set forth in Table 43-1. Fence heights shall be measured from grade adjoining the fence on the public right-of-way side of the fence (for fences adjoining the public right-of-way) and the average grade of both sides of the fence (for fences between two (2) private properties). For fences in flood hazard zones where the Building Code requires the finish floor of a building to be constructed at or above the top of the flood plain, fence height shall be measured from the top of the flood plain.

(ORD-19-0028 § 24, 2019; Ord. C-7247 § 24, 1994; Ord. C-7127 § 6, 1993: Ord. C-6933 §§ 35, 36, 1991; Ord. C-6684 § 36, 1990; Ord. C-6533 § 1 (part), 1988)

Barbed wire or similar fencing with sharp, protruding objects capable of cutting or puncturing a person is prohibited, except in the IM, IG, and IP Zones when located atop a fence more than six feet (6′) in height. In all other zones, such objects shall not be attached to, imbedded in, or laid upon any fence or wall. This restriction does not include decorative wrought iron.

(Ord. C-7360 § 11, 1995: Ord. C-6533 § 1 (part), 1988)

Table 43-1

Fence and Garden Wall Height Limits

(a)

The limitations shall not apply in the following instances:

i)

Where a greater height is required by any other City ordinance; or

ii)

Where a greater height is required by a conditional approval of a permit pursuant to this Title or is required by State or Federal law; or

iii)

Where a wall return of greater height is allowed;

iv)

In corner cutoff areas, chain link and wrought iron/metal tubing fences more than three feet (3′) in height are allowed if they do not obstruct visibility.

(b)

In the area designated as the special fence height area, as designated by resolution of City Council, the fence height in the front yard setback shall be increased to four feet (4′), provided the additional foot of height is wrought iron or chain link.

(c)

Only applicable for rear and side lines that abut an alley or other public right-of-way other than a street, or a flood control channel.

(d)

Only applicable for 1) a rear property line that abuts a regional corridor, boulevard, or major avenue as designated in the Mobility Element of the General Plan, and 2) side property line(s) of a reverse corner lot abutting a regional corridor, boulevard, or major avenue, and in a continuous formation with the rear property lines of the remainder of the block facing said right-of-way.

(e)

Industrially zoned properties may construct a twelve foot (12′) high wrought iron/metal tubing fence within the required street frontage setback area.

(f)

Fence height may exceed three feet (3′) in the front yard of residential lots located in high crime areas, through approval of an administrative use permit. (See Section 21.52.231.5 for criteria.)

(g)

Wrought iron fences that exceed these height limits may be approved pursuant to site plan review for a development project, Section 21.25.508.

(ORD-19-0028 § 25, 2019; Ord. C-7607 §§ 13, 16, 1999; Ord. C-7378 § 18, 1995)

CHAPTER 21.44 - ON-PREMISES SIGNS[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— ORD-13-0014 § 19(Att. A), adopted Sept. 3, 2013, amended Ch. 21.44 in its entirety to read as herein set out. Former Ch. 21.44 §§ 21.44.010—21.44.400, pertained to similar subject matter, and derived from Ord. C-6533, § 1(part), 1988; Ord. C-6595, § 12, 1989; Ord. C-6822 § 18, 1990; Ord. C-7032 §§ 3—35, 1992; Ord. C-7064, § 5, 1992; Ord. C-7326 § 24, 1995; Ord. C-7429 § 2, 1996; Ord. C-7500, §§ 8

—17, 22, 23, 1997; Ord. C-7550, §§ 10—14, 19, 20, 1998; Ord. C-7617 § 3, 1999; Ord. C-7629, § 1, 1999; Ord. C-7663 §§ 27, 28, 36, 1999; and Ord. C-7776 § 5, 2001.

This chapter provides standards for on-premises signs to safeguard life, health, property, safety, and public welfare, including aesthetics and the visual environment, while encouraging creativity, variety, compatible design, and enhancement of the City's image. The City recognizes that the location, number, size and design of signs significantly influences the City's visual environment and the perception of the City's economic condition. The specific purposes of this chapter are to:

A.

Provide each sign user an opportunity for effective identification by regulating the time, place, and manner under which signs may be displayed;

B.

Maintain a content-neutral approach to sign regulation so as not to inhibit protected forms of freedom of expression;

C.

Regulate the number and size of signs according to standards consistent with the purpose of the City's various zoning districts and the intent of the Zoning Regulations;

D.

Protect all zoning districts from the adverse impacts of excessive numbers or sizes of signs, and signs of poor quality design;

E.

Encourage creative, well-designed signs that contribute in a positive way to the City's visual environment, and help maintain an image of quality for the City;

F.

Ensure that signs are responsive to the aesthetics and character of their particular location (adjacent buildings and surrounding neighborhood), and that signs are compatible and integrated with their building's architectural character and design (including historic elements), and with other signs on the site; and

G.

Ensure the quality of the City's visual environment and appearance by avoiding sign clutter, signs of excessive size, and signs of poor quality design, and by subjecting certain signs to the necessary discretionary processes.

(ORD-13-0014, § 19(Att. A), 2013)

On-premises signs are permitted in all districts as accessory uses only, subject to the provisions outlined in this chapter.

(ORD-13-0014, § 19(Att. A), 2013)

A.

Required. A sign permit is required to display, enlarge, modify, relocate or change in any way, other than to perform general maintenance, repair or complete removal, an on-premises sign in any zoning district, unless such action is expressly exempted by this chapter.

B.

Jurisdiction. The Department of Development Services shall be responsible for reviewing sign permit applications and issuing sign permits.

C.

Filing of Application. Applications for sign permits shall be filed with the Director of Development Services on forms provided by the Department of Development Services. Filing fees, as established by resolution of the City Council, shall be filed with the application. Additional information shall be provided as required by the Director of Development Services.

D.

Time Limit. Permits shall be used within one hundred eighty (180) days of issuance, otherwise they shall be null and void.

(ORD-13-0014, § 19(Att. A), 2013)

A waiver from the provisions of these sign regulations may be considered through the procedures set forth in this Section. However, any prohibited signs, including those listed in Section 21.44.600 and any sign not specifically permitted, shall not be approved except through the provisions of Division III (Standards Variance) of Chapter 21.25—Specific Procedures.

A.

Sign standards waiver. Repealed.

B.

Creative sign permit.

This section establishes standards and procedures for the review and approval of Creative Sign Permits. The purposes of the Creative Sign Permit are to:

a.

Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and

b.

Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the City, while mitigating the impacts of large or unusually designed signs.

2.

Applicability. An applicant may apply for a Creative Sign Permit in order to request approval of development standards that differ from the provisions of this chapter, but comply with the purpose and findings of this section. However, the Creative Sign Permit process shall not be used to allow any prohibited sign type or feature.

3.

Application. A Creative Sign Permit application shall include all information and materials required by the Department, and the filing fee as specified in a fee resolution to be adopted by the City Council.

4.

Approval authority. An application for a Creative Sign Permit shall be subject to review and approval or disapproval by the Site Plan Review Committee, under the procedures set forth in Chapter 21.25 (Specific Procedures), Division V—Site Plan Review.

5.

Findings. The Site Plan Review Committee shall not approve a Creative Sign Permit unless the proposed sign meets the following design criteria (in addition to the findings required in Chapter 21.25—Specific Procedures):

a.

Design quality. The sign shall:

i.

Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;

ii.

Be of unique design, and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and

iii.

Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.

b.

Contextual criteria. The sign shall contain at least one (1) of the following elements:

i.

Classic historic design style;

ii.

Creative image reflecting current or historic character of the City; or

iii.

Inventive representation of the logo, name, or use of the structure or business.

c.

Architectural criteria. The sign shall:

i.

Utilize or enhance the architectural elements of the building; and

ii.

Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features and details of the facade.

d.

Impacts on surrounding uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses.

C.

Sign Program.

1.

This section establishes standards and procedures for the review and approval of Sign Programs. The purpose of a Sign Program is to:

a.

Ensure that all signs on a subject property are of complementary style and design, and are compatible with the architecture and theme of the property,

b.

Provide a process for the review of said signs to ensure that new developments or major remodels achieve the highest quality of design by complementing the development with high-quality signs, and

c.

Establish special sign criteria and standards for a given property when such additional regulation or waivers from the provisions of this chapter are considered appropriate and beneficial.

2.

Applicability. Application for a Sign Program shall be required for the following:

a.

Any sign application submittal for five (5) or more new or replacement signs (not including minor, exempt, or temporary signs) intended to be placed on a site,

b.

Any new commercial, industrial or, institutional building(s),

c.

Any new mixed-use development with three (3) or more nonresidential tenant spaces, and

d.

Any residential project consisting of five (5) or more new dwelling units.

3.

Application. A Sign Program application shall include all information and materials required by the Department, and the filing fee as specified in a fee resolution to be adopted by the City Council.

4.

Approval authority. An application for a Sign Program shall be subject to review and approval or disapproval by the Site Plan Review Committee, under the procedures set forth in Chapter 21.25 (Specific Procedures), Division V—Site Plan Review.

5.

Findings. The Site Plan Review Committee shall not approve a Sign Program unless the proposed Sign Program meets the following design criteria (in addition to the findings required in Chapter 21.25—Specific Procedures):

a.

All signs in the Sign Program are designed in such a manner so as to be internally consistent, coordinated, and whole within themselves, and harmonious with any existing signs remaining on the site.

b.

Any existing signs on the site, if they are to remain, are of high quality design and materials, and complement the existing or proposed building and architecture, and will be complemented by the new signs in the Sign Program as well.

c.

All signs in the Sign Program will complement and enhance the architectural theme of the subject property.

d.

All signs in the Sign Program comply with the standards of this chapter, unless specific exemptions have been granted in the interest of enhanced design and compatibility, and such exemptions are not contrary to the intent of this chapter.

6.

Waiver of standards. A waiver from the development standards of this chapter may be granted for signs in a Sign Program if the findings required for a Creative Sign Permit are made by the Site Plan Review Committee, and the waiver will achieve the specified purpose of a Creative Sign Permit. However, prohibited signs shall not be approved through a Sign Program.

D.

Neon Outlining or Architectural lighting of Buildings. Neon tubing lighting, stringed lighting, and other architectural lighting used to outline buildings or emphasize architectural elements of a building shall not be considered signs or sign illumination, but rather an architectural element subject to review and approval through the site plan review process as specified in Division V of Chapter 21.25—Specific Procedures.

(ORD-13-0014, § 19(Att. A), 2013)

21.44.050 - General performance and development standards for all signs.

A.

Signs Subject to Standards. All signs shall be subject to the development standards specified in this chapter. The only exceptions shall be for signs that receive waivers from specific standards subject to the Creative Sign Permit or Standards Variance processes; all other standards shall continue to apply.

B.

Measurement of sign area. Where sign area is required to be measured for the purposes of this chapter, it shall be measured in accordance with the definition of "sign area" contained in Section 21.15.2530. See Figure 44-1.

==> picture [432 x 111] intentionally omitted <==

Figure 44-1. Measurement of sign area.

C.

Maintenance. All signs shall be kept in a well-maintained condition. No sign shall be displayed which, in the judgment of the Director of Development Services, or his or her designee, is not in good repair and maintained in a safe condition. All signs must be kept free from deterioration, free from defective parts, free from burned out lamps and peeling paint, and must be able to withstand the wind pressure for which it was originally designed.

D.

Removal of signs. The following shall apply to removal of signs:

1.

Time limit. Except as otherwise specifically provided for in this chapter, a sign shall be removed within thirty (30) days of disuse of the business, building, or other establishment for which it was emplaced.

2.

Repair of building after removal. Within thirty (30) days of the removal of a sign from a building, the wall of the building shall be repaired to remove any blemish left by the removal.

3.

Complete removal. When a sign is removed, all supporting structures, cabinets, frames and other appurtenances of the sign shall be removed as well.

E.

Prohibited sign copy. The primary purpose of an on-premises sign is identification, and not advertising; therefore no major sign, special major sign, or minor sign subject to this chapter shall display prices for products or services. Changeable copy signs, promotional activity signs, electronic message center signs, and gas station price signs are exempt from this restriction.

F.

Contact information. In addition to other permitted sign copy, up to three (3) square feet of the allowable sign area may be used to display contact information for the on-premises establishment where the sign is located. This may take the form of telephone numbers, email or web addresses, and the like.

G.

Clearance. The vertical clearance between grade and the lowest point of a sign projecting over a pedestrian or vehicular path shall be eight feet (8') for pedestrian use and fifteen feet (15') for vehicular use. No sign shall project over an alley or at-grade parking space.

H.

Light control. No sign or sign lighting source shall cause or allow trespass of light onto any adjacent property, any residential dwelling unit, or into the public right-of-way.

(ORD-13-0014, § 19(Att. A), 2013)

The following standards shall apply to the design of all signs subject to this chapter, for the purpose of carrying out the intent and achieving the goals of this chapter set forth in Section 21.44.010 - Purpose:

A.

Character. Signs shall enhance the public realm and aid in the creation of a street's character. No sign shall impede pedestrian traffic, block sight lines in the public viewshed, or disturb adjacent residences.

B.

Complementary. The color, material, scale, lettering, and lighting shall complement the surrounding street environment and buildings that the sign addresses.

C.

Size. Signs shall never overpower the building. The sign shall fit comfortably into the architecture and character of the building or storefront. Signs shall be mounted in a manner that does not detract from the building's architectural presence and aesthetics.

D.

Audience. Signs intended for tourists, locals, or different age groups can suffer from poor sign design. Therefore, regardless of the intended audience, sign design shall conform to these design principles.

E.

Concise. Information on signs shall be brief, clear, and simple with appropriately-sized lettering, and a clear information hierarchy. When appropriate, symbols may be used in place of text.

F.

Illumination. Lighting used with signs shall be focused and minimal, especially for exterior-lit signs. Lighting shall be in scale with the sign and building. Design of sign illumination shall make every effort to avoid contributing to night-sky light pollution.

G.

Consistency. Signs shall be consistent across a building or property. If multiple tenants are listed on a single sign or a multi-tenant building, variation between size and typeface of tenant names and color shall be limited to a palette of three (3) or fewer options.

H.

Timelessness. Sign design should convey a timeless character of a street, place, or business, and should avoid design tendencies associated with fleeting trends. Signs also shall be designed with durable, longlasting materials, and shall be well-maintained.

(ORD-13-0014, § 19(Att. A), 2013)

21.44.062 - Additional design standards for nonresidential signs.

In addition to the design standards for all signs specified in Section 21.44.060, the following design standards shall apply to all nonresidential signs:

A.

Signs should be consistent with the overall design and identity of the building, including the architecture and landscaping. Signs should complement the overall aesthetic of the building and site.

B.

If more than one (1) sign type is necessary on a single facade, all signs shall be scaled in a clear hierarchy and shall address different viewer orientations and audiences.

C.

Buildings with multiple tenants or storefronts shall use the same sign strategy at every entrance, storefront, or tenant suite, in order to reduce sign confusion and present an organized visual environment.

D.

If multiple tenants are listed on a single sign, size and typeface of tenant names shall be kept consistent.

E.

For sites with several buildings, or buildings that are part of an industrial, business, or institutional campus, sign consistency shall be ensured through the following:

1.

Signs shall be visible from the public rights-of-way bounding the site, and shall communicate the necessary information clearly.

2.

Since campuses may house multiple tenants of differing types, the design identity of signs shall be capable of incorporating an array of styles and typefaces for the differing names and logos. However, the size of tenant names, logos, and color palettes shall be consistent with each other.

F.

Pedestrian-oriented signs are encouraged. Signs shall be scaled appropriately, including window signs, projecting (blade) signs, directory signs, and other pedestrian-oriented signs.

G.

Illumination should be used to accent signs, consistent with the building's character. Trespass of light and glare from sign illumination onto any adjacent dwelling units or other property, whether residential or nonresidential, is strictly prohibited.

H.

Signs and wayfinding features shall be incorporated with public art or placemaking objects where possible.

I.

Placement of signs in the public right-of-way should be uniform and designed at the correct scale for the intended reader, for both motorists and pedestrians.

(ORD-13-0014, § 19(Att. A), 2013)

In addition to the design standards for all signs specified in Section 21.44.060, the following design standards shall apply to all residential signs:

A.

Signs should be integrated with the building's architecture and landscaping. Signs should be consistent with the design approach and convey a clear hierarchy of information.

B.

Signs shall identify primary entrances, the street address, and other necessary information, while maintaining an understated and minimal aesthetic.

C.

Mixed-use (commercial and residential) projects with commercial uses on the ground floor shall comply with the design standards for nonresidential signs specified in Section 21.44.062.

D.

Illumination shall be designed to ensure adequate sign visibility and safety, but shall never create light trespass into residential units or onto adjacent properties.

(ORD-13-0014, § 19(Att. A), 2013)