Chapter 17.61 — ALCOHOLIC BEVERAGE ESTABLISHMENTS

The purpose of this chapter is to preserve a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcoholic beverage establishments. It is recognized that hospitality, entertainment, recreation and related businesses are a significant part of the city's economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments which jeopardize the continued success of these businesses and seriously affect the health, safety and general welfare in surrounding areas, particularly residential neighborhoods.

The city council finds and determines that establishments engaged in the on-sale and off-sale of alcoholic beverages present problems that are encountered by residents of Montebello, including, but not limited to, littering, loitering, obstruction of pedestrian traffic, vehicular traffic, parking crime, interference with children on their way to school, interference with shoppers using the streets, defacement and damaging of structures, discouragement of more desirable and needed commercial uses and other similar zoning problems connected primarily with the operation of establishments engaged in the sale of alcoholic beverages for consumption on and off the premises.

This chapter is intended to deal with and prevent these alcohol-related problems and conditions by: (a) imposing restrictions on the location of such establishments in relation to one another and in relation to facilities primarily devoted to use by children and families and the general public; and (b) requiring that each establishment obtain a conditional use permit in connection with its business operations or its events and activities which involve the sale of alcoholic beverages, and imposing conditions therein on a case by case basis, thereby limiting the number of such establishments in the city and preventing undesirable community impact of such uses by the imposition of reasonable conditions upon the operation of all such uses, both existing and in the future.

(Ord. 2228 (part), 2001)

For the purpose of this chapter, the following words or terms shall be defined as follows:

"Alcoholic beverage" means a fermented or distilled beverage including alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer which contains one-half of one percent or more of alcohol by volume which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances, and sales of which require a license from the State Department of Alcoholic Beverage Control (ABC).

"Alcoholic Beverage Control (ABC)" means the California State Department of Alcoholic Beverage Control.

"Bona fide restaurant" means a business enterprise which is conducted, or proposed to be conducted in compliance with the following requirements:

A.

A kitchen and a dining area that constitute permanent and identifiable portions of the business premises;

B.

Not less than fifty-one percent of the business enterprise is derived from the sale of food and non-alcoholic beverages;

C.

At least one full-time cook is engaged by the business enterprise to prepare meals for patrons on the premises during the permissible hours of operation;

D.

Any bar or cocktail lounge operated by the business enterprise is separated from the dining area by a wall or other partition.

Fast food restaurants are not considered bona fide restaurants.

"Entertainment" means any form of entertainment, whether live, televised, audio or video taped, including, but not limited to, any type of performance for the purpose of amusing an audience, such as: dancing, singing, playing a musical instrument, acting, etc.

"Existing deemed approved alcoholic beverage establishment" means any establishment lawfully engaged in the sale of alcoholic beverages for on and off-sale consumption which is in existence prior to the effective date of this chapter, retains the same type of alcoholic beverage license and continues to legally operate without substantial change in the mode or character of operation.

"Drug store" means any business establishment which is characterized primarily by the sale of prescription drugs, which has a floor area of more than ten thousand square feet.

"Fast food restaurant" means a restaurant that sells prepared food or beverages either indoors or outdoors in nondisposable containers, or whose business is primarily related to take out food.

"Grocery store" means any business establishment selling food products, household merchandise, and/or drugs to the public which has a floor area of more than ten thousand square feet.

"Mini-mart" means any business establishment not connected with a petroleum products service station, and which is characterized by retail sales of pre-packaged food products household items, or food items such as fresh meat or produce.

"Off-sale alcoholic beverage establishment" means any business establishment which is making application for or which has obtained a retail liquor license from ABC authorizing the sale of alcoholic beverages for consumption off the premises in original, unopened containers. Such retail liquor licenses include type 20 (offsale beer and wine) or a type 21 (off-sale general). Typical off-sale alcoholic beverage establishments include, but are not limited to, food markets, supermarkets, grocery stores, drug stores, liquor stores, and mini-marts.

"On-sale alcoholic beverage establishment" means any business establishment where alcoholic beverages are sold, served or given away for consumption on the premises that is licensed, or proposed to be licensed, by ABC. Such retail licenses include: type 40 (on-sale beer eating place), type 41 (on-sale beer and wine eating place), type 42 (on-sale beer and wine), type 47 (on-sale general eating place), type 48 (on-sale general bar), type 51 (club), type 52 (veterans club) and type 63 (hospital—beer and wine). Typical on-sale alcoholic beverage establishments include, but are not limited to, beer bars, restaurants, ballrooms, dance bars, piano bars, billiard and/or game parlors, night clubs or other private clubs, and veterans clubs.

"Substantial change in mode or character of operation" includes, but is not limited to, the following situations:

A.

The alcoholic beverage establishment has changed, or proposes to change, its type of retail liquor license with the department of alcoholic beverage control;

B.

The off-sale alcoholic beverage establishment increases the floor area or shelf space principally devoted to alcohol sales;

C.

The on-sale alcoholic beverage establishment increases the floor area or number of seats principally devoted to alcohol sales;

D.

The alcoholic beverage establishment proposes to reinstate alcohol sales after the retail liquor license has been revoked or suspended for a period greater than ninety days by the department of alcoholic beverage control; or

E.

The establishment is a bona fide restaurant with an alcohol license from the department of alcoholic beverage control that adds entertainment consisting of more than fifty square feet in size;

F.

The alcoholic beverage establishment is found to have violated any of the city's nuisance and public welfare laws as set forth in Chapter[s] 8.16, 9.04, 9.08 and 0.12 of this code.

"Specialty food store" means any business establishment selling ethnic, imported, and/or gourmet food products including cheeses, meats, baked goods, condiments, seasoning and novelty foods and beverages that has a floor area of more than ten thousand square feet.

"Supermarket" means any business establishment selling food products, household merchandise, and/or drugs to the public which has a floor area of more than ten thousand square feet.

(Ord. 2256 § 1, 2002; Ord. 2228 (part), 2001; Ord. No. 2351, § 3, 6-12-2013)

On or after the effective date of this chapter, no place where alcoholic beverages are sold, served, or given away as a normal course of business for on-sale or off-sale consumption, shall be established without first obtaining a conditional use permit from the city of Montebello. No existing deemed approved alcoholic beverage establishment shall substantially change its mode or character of operation as such term is defined in Section 17.61.020, without first obtaining a conditional use permit. No existing deemed approved alcoholic beverage establishment shall rebuild or replace a structure or portion of a structure when the total reconstruction cost exceeds thirty-seven percent of the fair market value of the structure in accordance with subsection 17.54.040(C), of this code without first obtaining a conditional use permit. A site that has not been operating for more than ninety days shall not be allowed to operate without first obtaining a conditional use permit.

Issuance of a conditional use permit shall be in accordance with the requirements set forth in Chapter 17.70 of this code and the requirements of this chapter. The planning commission shall approve, conditionally approve, or disapprove an application for conditional use permit for alcoholic beverage establishments. Following a public hearing at which all parties may present testimony, the planning commission shall state the findings of fact which serve as the basis of its decision, and record its decision in writing.

A copy of the conditions of approval for the conditional use permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized city official upon request.

Any establishment, such as a supermarket, grocery store, a specialty food store, and a drug store, that have a floor area of more than ten thousand square feet, is exempt from the provisions of this section if the floor area dedicated to the sale of alcoholic beverages does not exceed twenty percent of the establishment's retail floor area.

(Ord. 2256 § 2, 2002: Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

17.61.040 - Conditional use permit—Public notification requirements.

A.

Any new proposed on-sale or off-sale alcoholic beverage establishment, or any existing deemed approved alcoholic establishment that undergoes a substantial change in mode or character of operation that is located within three hundred feet from another such establishment or any residential use, church or other place of worship, or clinic or other healthcare facility; or within one thousand feet from a school (public or private), public park, playground or other similar use shall be subject to the following increased public notification requirements in lieu of the public notification requirements in Chapter 17.78 of this code.

1.

Notice shall be mailed and posted at least twenty days prior to hearing;

2.

Notice shall be mailed to occupants of buildings within five hundred feet of the site boundaries;

Notice shall be mailed to all property owners within three hundred feet of the site boundaries.

B.

The increased public notification requirements outlined in Section 17.61.040.(A) above shall not apply to any onsale or off-sale alcoholic beverage establishments within a bona fide restaurant as such term is defined in Section 17.61.020.

• (Ord. 2256 § 3, 2002: Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

Editor's note— Ord. No. 2351, § 3, adopted June 12, 2013, changed the title of § 17.61.040 from "Conditional use permit—Distance requirements" to "Conditional use permit—Public notification requirements."

In order to approve a conditional use permit for an alcoholic beverage establishment (whether for on-sale or offsale consumption), the planning commission, or the city council on appeal, shall find that the proposed use is consistent with the purpose and intent of this chapter. In addition, the planning commission, or the city council on appeal, shall make the following findings in lieu of the findings required by Section 17.70.070:

That the proposed use:

A.

Would not adversely affect the general welfare of the surrounding property owners;

B.

Would not result in an undesirable concentration of premises for the sale of alcoholic beverages, including beer and wine, in the area;

C.

Would not detrimentally affect the nearby surrounding area after giving special consideration to the proximity and nature of the proposed use with respect to other on-sale or off-sale alcoholic beverage establishments, residential districts and uses, schools (public or private), day care centers, public parks, playgrounds and other recreational facilities, churches and other places of religious worship, hospitals, clinics or other health care facilities;

D.

Would not aggravate existing problems created by the sale of alcohol (e.g. littering, loitering, noise, public drunkenness, calls for service, and sales to minors);

E.

Is in conformance with the goals, policies, and objectives of the general plan and the purpose and intent of this code and any applicable specific plan; and

F.

Serves the public convenience or necessity, based upon the factors outlined in Section 17.61.060 herein. This finding shall apply only to conditional use permit applications for bars, off-sale alcoholic beverage

establishments, and any other applications that the State Department of Alcoholic Beverage Control determines are located in an area of undue concentration as defined by state law (California Business and Professions Code Section 23958.4.)

In order for the planning commission or city council to establish the required findings listed above, the burden shall be on the applicant for the conditional use permit utilizing clear and concise evidence, that the proposed use will not adversely affect the welfare of nearby residents, or detrimentally affect nearby residentially zoned communities.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

In deciding whether to issue the conditional use permit, the planning commission, or the city council on appeal, shall consider whether the public convenience or necessity is being served and make the necessary findings, as required in Section 17.61.050. A determination of whether public convenience or necessity is being served shall be based upon review and consideration of relevant factors, which shall include, but not be limited to, the following:

A.

Whether the proposed use will result in a net employment gain in the city (especially of local residents);

B.

Whether the proposed use will result in a substantial increase in business taxes;

C.

Whether the proposed establishment is a unique business addition to the community;

D.

Whether the proposed use will contribute to the long-term economic development goals of the community;

E.

Whether the aesthetic character and ambiance of the proposed use will result in an overall positive upgrade in the area and community;

F.

The viability of the business to operate profitably without alcohol sales.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

17.61.070 - Mandatory conditions of approval for on-sale alcoholic beverage establishments.

Establishments engaged in the retail sale of alcoholic beverages for on-premises consumption shall be operated in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for on-sale beverages establishments shall be subject to the following mandatory conditions for approval:

A.

That a decorative masonry wall of six feet in height shall be constructed around the parking area of such establishments when said area is adjacent to properties zoned or used for residential purposes or any other sensitive use, such as schools, churches, parks, etc.

B.

That the noise levels generated by the operation of such establishment shall not exceed sixty-five dBA between the hours of seven a.m. to ten p.m., and not exceed sixty dBA between the hours of ten p.m. to seven a.m., so as to mitigate the impact on adjoining properties zoned or used for residential purposes. The measurement of noise levels shall be taken at the location of the shared property line.

C.

That exterior lighting of the parking area shall be kept at an intensity of between one- and two-foot candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from adjacent properties and from the sky.

D.

That the sale of alcoholic beverages for consumption outside or off the premises shall be prohibited; except, that this provision shall not apply to bona fide restaurants with approved outdoor or sidewalk dining, or to a bona fide restaurant with an approved conditional use permit and an approved license with the ABC for off-sale consumption.

E.

That adequate security measures shall be provided as specified by the police department, including but not limited to, retaining trained staff and security personnel and providing security devices such as surveillance or burglar alarm systems.

F.

All bona fide restaurants shall possess a supply of food and goods adequate to make substantial food sales and comply with Section 23038 of the Business and Professions Code. All food must be maintained in a sanitary condition and comply with all health department regulations. Failure to serve food (for any reason) shall result in the automatic suspension of all alcoholic beverage sales that are served for on-site consumption until food sales are resumed.

G.

The sorting of empty bottles and other recyclable products shall be limited to the hours between 8:00 a.m. to 9:00 p.m. daily.

H.

That no signs shall be installed on the site until a sign permit has been approved by the Planning and Building Departments in conformance with the provisions set forth in Chapter 17.62 of the Montebello Municipal Code.

I.

As stated in Section 9.04.010 of the Montebello Municipal Code, no person shall drink any intoxicating liquor in or upon any public street or public place within the city. Signs shall be posted on the premises both inside and outside, citing Section 9.04.010 of the Montebello Municipal Code.

J.

That premises shall be kept clean and the operator of the establishment shall insure that no trash or litter originating form the site is deposited onto neighboring properties or onto the public right-of-way.

K

Reserved.

L.

That the management of any establishment selling alcohol shall take the necessary steps to assure the orderly conduct of employees, patrons and visitors on the premises.

M.

That the owner of the establishment shall maintain all required permits and/or licenses for the sale of alcoholic beverages in good standing.

N.

That no person shall sell alcoholic beverages for on-premises consumption if there has been any lapse or breach in the good standing of any one or more of the permits and/or licenses required for such sale.

O.

Reserved.

P.

In addition to the conditions enumerated above, any other condition may be imposed by city staff.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

Establishments engaged in the retail sale of alcoholic beverages for off-premises consumption shall be operated in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for off-sale alcoholic beverage establishments shall be subject to the following mandatory conditions of approval:

A.

Any off-sale alcoholic beverage establishments seeking to sell or store motor fuels on the same premises as alcoholic beverages shall comply with the following conditions:

1.

No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler.

2.

No advertisements of alcoholic beverages shall be displayed at motor fuel islands and no self-illuminated advertising for alcoholic beverages shall be located on buildings or windows.

3.

No sale of alcohol beverages shall be made from a drive-up window.

4.

No display or sale of beer or wine shall be made from an ice tub.

5.

Employees on duty between the hours of ten p.m. and two a.m. shall be at least twenty-one years of age to sell beer and wine.

6.

The permittee at all times shall comply with all terms and provisions of the license issued by the State Department of Alcoholic Beverage Control and/or the terms and provisions of the Alcoholic Beverage Control Act.

7.

No sale of single containers of beer and/or wine coolers shall be made.

8.

In addition to the conditions enumerated above, additional conditions may be imposed by city staff.

B.

That a masonry wall of six feet in height shall be constructed around the parking area of such establishments when said area is adjacent to properties zones or used for residential purposes, or any of the above referenced consideration points.

C.

That the noise levels generated by the operation of such establishment shall not exceed sixty-five dBA between the hours of seven a.m. to ten p.m., and not exceed sixty dBA between the hours of ten p.m. to seven a.m., so

as to mitigate the impact on adjoining properties zoned or used for residential purposes. The measurement of noise levels shall be taken at the location of the shared property line.

D.

That exterior lighting of the parking area shall be kept at an intensity of between one- and two-foot candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be shielded from adjacent properties and from the sky.

E.

The sorting of empty bottles and other recyclable products shall be limited to the hors between eight a.m. to nine p.m. daily.

F.

That the sale of alcoholic beverages for consumption on premises shall be prohibited and appropriate posting of signs stating that drinking on the premises is prohibited by law shall be posted both inside and outside the establishment. The premises shall include the establishment proper and/or the appurtenant common area if located in a commercial center.

G.

That special security measures such as security guards and burglar alarm systems as specified by the police department may be required.

H.

That exterior public telephones that permit incoming calls may not be located on the premises.

I.

That exterior storage of any kind shall be prohibited.

J.

That litter and trash receptacles shall be located at convenient locations inside and outside establishments, and operators of such establishments shall remove trash and debris on a daily basis.

K.

That paper or plastic cups shall not be sold or given away in quantities less than their usual and customary packaging.

L.

Reserved.

M.

Reserved.

N.

Reserved.

O.

That no signs shall be installed on the site until a sign permit has been approved by the building and safety division and the planning department in conformance with the provisions set forth in Chapter 17.62 of the Montebello Municipal Code.

The planning commission, and the city council on appeal, shall have the right to impose additional conditions for the protection of the public health, safety and welfare.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

A.

Approval. Prior to establishing any outdoor patio and/or patio seating area, the planning commission, or the city council on appeal, shall make the following findings in addition to those specified in Section 17.61.050 of this code:

1.

The proposed outdoor patio and/or patio seating area is accessory to the establishment;

2.

The establishment, maintenance or operation of the accessory outdoor patio and/or patio seating area will not be detrimental to the health, safety, peace, comfort and general welfare of persons in the neighborhood or injurious to property or improvements in the area;

3.

The proposed accessory outdoor patio and/or patio seating area will not eliminate any required on-site parking, interfere with public easements, and will comply with all applicable regulations of the Montebello Municipal Code.

B.

Conditions of approval. Unless conditioned otherwise by the approval authority, all outdoor dining and patio seating areas shall be subject to the following requirements:

1.

That the outdoor patio and/or patio seating area shall be subject to all the existing hours of operation, operational characteristics and conditions of approval for any valid entitlement applicable to the establishment, except as otherwise set forth herein;

2.

No amplified music or amplified entertainment is permitted outdoors, except wherein normal conversation is not impeded; no music (live or recorded) or entertainment (including televisions) shall be permitted on a patio after ten p.m. Sunday through Thursday, and after eleven p.m. Friday and Saturday;

3.

All doors and windows leading to the outdoor patio and/or patio seating areas shall remain closed (except for employee/patron ingress and egress) after ten p.m. Sunday through Thursday, and after eleven p.m. Friday and Saturday, while any approved indoor amplified music or live entertainment is occurring;

4.

Roof coverings for the outdoor patio and/or patio seating area shall not have the effect of creating a permanent enclosure. Fences, walls, and similar barriers around the outdoor patio area shall only serve to define the outdoor patio area. The maximum height shall be determined by the approval authority;

5.

All outdoor patios and/or patio seating areas in which alcoholic beverages are served shall be enclosed by a sufficient barrier with a minimum height of three feet, as required by the department of alcoholic beverage control. However, the city's applicable approval authority may require additional design features beyond the minimum requirements set by the department of alcoholic beverage control for any proposed barrier, including but not limited to: the type of materials, color, height, etc. Exiting from the outdoor patio and/or patio seating area only shall be permitted as required by the building code;

6.

Such additional conditions that the approval authority deems appropriate to mitigate potential adverse impacts the outdoor patio and/or patio seating area may cause to the adjacent property and surrounding community.

(Ord. No. 2351, § 3, 6-12-2013)

17.61.085 - Wall, landscaping and off-street parking requirements (on-sale and off-sale).

The mandatory conditions of approval stated in Sections 17.61.070 and 17.61.080, with respect to the requirements for masonry walls, landscaping and off-street parking standards shall be observed, except where the planning commission and/or the city council finds that specific deviations are required to be made because of physical constraints or limitations of the site or property of the respective on-sale or off-sale alcoholic beverage establishment.

(Ord. 2256 § 4, 2002)

17.61.090 - Existing establishments selling alcoholic beverages (on-sale and off-sale).

Any establishment lawfully existing prior to the effective date of this chapter and licensed by the state of California for the retail sale of alcoholic beverages for on sale and off-sale consumption shall be considered as a "deemed approved alcoholic beverage establishment" and shall be required to obtain a conditional use permit in the situations described in Section 1761.030 herein. The distance requirements set forth in Section 17.61.040 shall not apply to any existing "deemed approved alcoholic beverage establishment."

(Ord. 2256 § 5, 2002: Ord. 2228 (part), 2001)

Any on-sale or off-sale alcoholic beverage establishment with a conditional use permit or any existing establishments having a "deemed approved" status shall comply with the following performance standards. The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales and to protect the public health, safety and welfare. Any on-sale or off-sale alcoholic beverage establishment with a conditional use permit or deemed approved alcoholic beverage establishment status is subject to citation for public nuisance as defined in the Montebello Code and the California Penal Code. In addition, any conditional use permit shall be subject to amendment, modification or revocation, and in the case of existing establishments, loss of the "deemed approved" status, if the following is found to exist:

A.

Nuisance activities within the premises or in close proximity of the premises, including, but not limited to, disturbance of the peace, illegal drug activity, public drunkenness, drinking of alcoholic beverages in public or vehicles on or about the premises, harassment of passerby.

B.

Repeated nuisance activities within the premises or in close proximity of the premises such as public urination, assault and battery, excessive littering, loitering, graffiti.

C.

Nuisance activities within the premises or in close proximity of the premises consisting of illegal parking, excessive loud and raucous noise as defined in Chapter 9 of the Montebello Municipal Code, especially in the late night or early morning hours, traffic violations, curfew violation and lewd conduct.

D.

Where the operation of the premises is in violation of any applicable city ordinance or state or federal regulation or statute.

E.

Failure to comply with any condition imposed in the issuance of a conditional use permit.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

The city reserves the right to review the conditional use permit (CUP). After reviewing the existing manner and conditions of operation of the permitted business establishment, the city planner may add, amend or delete any conditions of approval based upon changed circumstances, which necessitate a modification to the conditions of approval. The city planner's determination shall be final and binding on the business operator unless appealed to the planning commission pursuant to the provisions of the Montebello municipal Code Section 17.78.060. The planning commission shall adopt findings in support of its actions.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

If any part or provision of this chapter is found to be invalid or unenforceable by a court of law, such invalidity shall not affect any other part or provision herein, and all remaining provisions of this chapter will be valid and enforceable to the fullest extent permitted by law.

(Ord. 2256 § 6, 2002)

Chapter 17.62 - SIGNS

The intent of this chapter is to promote community appearance and effective business identification through the regulation of signs and sign structures within the city of Montebello. The location, number, size and design of signs and graphics have a significant influence upon the community's environment and appearance. The regulation of signs and outdoor advertising is therefore necessary for the following purposes:

A.

To promote and protect the public health, safety and welfare by minimizing hazards and obstructions to traffic and promoting traffic safety, and through consideration of the aesthetics of signs and outdoor advertising to be installed within the city;

B.

To protect persons and property values from damage due to indiscriminate and harmful use of signs, outdoor advertising and advertising structures;

C.

To preserve a pleasing and attractive appearance in all areas of the city.

(Ord. 2160 § 5 (part), 1997)

Signs shall be constructed and located in compliance with the provisions of this chapter and with the applicable requirements of the California Outdoor Advertising Act, Uniform Building Code and Uniform Sign Code, and the California Electrical Code, whichever code or code provision(s) is more restrictive, as may be adopted and amended from time to time. Approval from the city of Montebello departments of planning and building services shall be obtained prior to erecting, constructing, altering, rebuilding, replacing, or moving any sign. Approval by the department of public works is also required for any freestanding or projecting sign located within twenty feet of, or projecting over, the public right-of-way.

(Ord. 2160 § 5 (part), 1997)

(Ord. No. 2375, § 1, 2-24-2016)

17.62.030 - Materials, construction and identification.

A.

All signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame or structure.

B.

All wooden signs must be at least three-quarter-inch thick.

C.

All electric signs shall be composed entirely of noncombustible materials.

D.

Unless specifically exempted, all signs shall be identified with a durable label or tag specifying the name and date of the manufacture, weight, installation date and permit number. In addition, for electrical signs the voltage, amperage and any other information required for the safety certification or listing for the equipment shall be included. This information shall be placed where it is readily visible for inspection after the sign has been installed.

E.

Every electrical sign of any type shall be constructed, inspected and approved by the Underwriters Laboratories (UL) or equal and display a label of approval from said laboratory.

(Ord. 2160 § 5 (part), 1997)

A.

All signs and sign structures including those otherwise specifically exempt from the provisions of this chapter, including all parts, portions, and materials, shall be maintained and kept in good repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any crack, broken surfaces, malfunctioning light(s), missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced within thirty calendar days following notification by the city. Noncompliance with such a request shall constitute a public nuisance.

B.

All businesses must service and wash their signs at least once every twelve months.

C.

Upon vacating a business location, the business or property owner shall remove the sign copy that advertises the business. At no time shall a sign cabinet remain empty and without copy exposing the internal lighting and electrical fixtures. During any period when a sign cabinet is not being utilized for identification of a business, a blank opaque face shall be installed in the sign cabinet structure. Any damage to a building caused by the removal of a sign structure shall be repaired to the condition the building was in prior to the installation of the sign.

(Ord. 2160 § 5 (part), 1997)

17.62.050 - Prohibited signs.

A.

The following signs are prohibited except as provided in Section 17.62.160, Nonconforming Signs, Section 17.62.110, Temporary Signs, Section 17.62.140, Planned sign program, and Section 17.62.105, Off-Premises Digital Display Signs:

1.

Signs that include video, blink, or move in any manner, have any portions that move, or have the appearance of moving, including animated or scrolling electronic text, and digital displays as defined in Section 17.62.170. Clocks, time and temperature displays, and civic and public services displays, are exempt from this prohibition;

2.

Flags (except those which are raised and lowered on permanently fixed flag poles), pennants, banners, paper, wind driven signs (except where specifically provided for within this code);

3.

Roof signs;

4.

Sign structures and supports no longer in use;

5.

Portable signs;

6.

Commercial advertising statuary;

7.

Signs painted directly onto exterior wall surfaces (such as exterior building walls and masonry block walls, etc.);

8.

Inflatable signs (except as provided in Sections 17.62.110 and 17.62.170 of this chapter);

9.

New off-premises signs, except those permitted pursuant to this chapter;

B.

No person shall construct, place or maintain any sign, signboard, billboard, street bulletin board, sign or advertisement in, over, along, across or upon any public street or public parkway, or other public place within the city, except as provided in Section 17.62.110 or Section 17.62.105 of this chapter.

C.

Nothing contained in this title shall be construed to prohibit the erection or placing in any public street, parkway or other public place, of signs, notices or signals under the authority of the city council or of this code.

D.

No person shall paint, post, attach or affix any handbill, notice, sign or advertisement upon any object in the public right-of-way, or to any bridge, fence, light pole, building, structure, or other property within public view, nor to any tree in any public right-of-way or public place; nor shall any person deface, mar or disfigure any such bridge, fence, light pole, building, tree, etc.

(Ord. 2160 § 5 (part), 1997)

(Ord. No. 2375, § 2, 2-24-2016; Ord. No. 2465, § 5, 9-13-2023; Ord. No. 2466, § 5, 10-11-2023)

The provisions and regulations hereof shall not apply to the following types of signs:

A.

Official notices issued by any court, public body or officer;

B.

Notices posted by any person or public officer in performance of a public duty;

C.

Signs required or authorized by any federal, state, county or city regulation, ordinance or resolution;

D.

Any signs used for emergency purposes only;

E.

Official flags of the United States of America, the state of California, the county of Los Angeles or the city of Montebello.

(Ord. 2160 § 5 (part), 1997)

17.62.070 - Sign measurements.

A.

Sign Area.

1.

Cabinet Signs. The area of a cabinet sign is determined by the area of the sign face(s) enclosed by a frame or cabinet and is determined by the outer dimensions of the frame or cabinet surrounding the sign area. This includes the total area of the copy and the background. This applies to wall mounted cabinet signs and cabinet

signs mounted on freestanding pole structures. (See Figures 17.62.070A and 17.62.070B) Architectural features are not considered in the sign area. (See Figure 17.62.070B)

Figure 17.62.070A

==> picture [188 x 115] intentionally omitted <==

Figure 17.62.070B

==> picture [181 x 172] intentionally omitted <==

2.

Channel Letters and Individual Elements. When signs are constructed of individual elements such as channel letters and attached to a building wall, the sign area is determined by calculating the area of an imaginary box drawn around the most exterior area of all the letters and/or elements. (See Figure 17.62.070C)

Figure 17.62.070C

==> picture [222 x 115] intentionally omitted <==

3.

Awnings. When signs are incorporated into an awning, the sign area is determined by computing the area of an imaginary box drawn around the sign elements.

Multiple Sign Cabinets. For freestanding signs that contain multiple cabinets on one structure, the area of each cabinet counts toward a combined total. If these are double or multiple faced cabinets, the sign area shall be calculated to include all faces of the sign. (See Figure 17.62.070D)

Figure 17.62.070D

==> picture [167 x 252] intentionally omitted <==

B.

Height. The overall height of a sign or sign structure is measured from the ground directly below the sign to the highest point of the sign or sign structure. (See Figure 17.62.070E)

C.

Clearance. Clearance is measured from the ground directly below the sign to the bottom of the sign structure enclosing the sign face. (See Figure 17.62.070E)

Figure 17.62.070E

==> picture [195 x 184] intentionally omitted <==

(Ord. 2160 § 5 (part), 1997)

Signs are allowed in residential zones in accordance with the following:

A.

In All R Zones:

1.

One nonilluminated sign a maximum of twelve square feet in area pertaining only to the sale or lease of the particular building or property upon which it is displayed.

2.

Outdoor advertising structures in conjunction with model homes (See Chapter 17.58 of this title, Model Homes).

3.

Temporary architect's or builder's sign identifying persons engaged in construction on a site are permitted as long as construction is in progress.

B.

R-A Zone. One sign a maximum of twelve square feet in area advertising the sale of agricultural products raised on the premises.

C.

R-3 and R-4 Zones. One wall sign a maximum of twenty square feet in area, provided the sign contains no advertising copy except the name and street address of the building upon which it is placed.

(Ord. 2160 § 5 (part), 1997)

A.

Signs are allowed in the C-R zone in accordance with the following:

1.

The sign area shall not exceed one square foot per two linear feet of building frontage, or three linear feet of lot width for outdoor uses.

2.

No sign may exceed fifty square feet in area.

3.

No more than two signs are permitted for each use or business on a lot.

Freestanding signs are prohibited.

5.

Each legally established use or business on a lot may have one additional accessory sign that is a maximum size of six square feet in area.

B.

For the purpose of giving information on the availability of the premises for sale or lease, one sign not exceeding twelve square feet in area shall also be allowed.

• (Ord. 2160 § 5 (part), 1997)

17.62.100 - Signs—C-1, C-2, C-M, M-1 and M-2 zones.

A.

Individual Sign Criteria.

Figure 17.62.100A

==> picture [439 x 252] intentionally omitted <==

Wall and Marquee Signs.

a.

Maximum Size.

i.

Front Facade. For wall and marquee signs, the total sign area on the front facade of a building shall not exceed two square feet of sign area per one linear foot of the building facade (front) width of the subject business. On lots which are occupied by more than one business, the sign area for each business shall not exceed two square feet per one linear foot of building frontage for the respective business. However, in no event must the overall sign area on the front facade be less than twenty square feet. This sign area allotment for the front facade cannot be transferred to other facades on the building.

ii.

Side and Rear Building Facades. The total sign area for wall and marquee signs on the side and rear facades of a building shall not exceed one square foot of sign area per two linear feet of the facade length of the building or subject business, except that when the facade faces a side street, total sign area shall not exceed one square foot of sign area per one linear foot of facade length. This sign area allotment cannot be transferred to other facades on the building.

iii.

No limit shall be placed on the number of wall or marquee signs except that the combined total sign area shall not exceed the allowable sign area ratio per facade.

iv.

The combined length of all signs placed on a building facade shall not be greater than sixty percent of the length of the facade on which the sign is attached. (See Figure 17.62.100B)

Figure 17.62.100B

==> picture [176 x 149] intentionally omitted <==

b.

Placement.

i.

Wall and marquee signs shall not extend beyond the surface of the wall or marquee to which they are attached nor shall they extend above the roof line the building on which the sign is placed.

ii.

In multiple story buildings, wall and marquee signs may be used by businesses which are located in stories above the ground level subject to the same limitations which would apply if the business were located on the ground level.

2.

Pole Signs.

a.

Site Requirements.

i.

One pole sign may be permitted on a site provided that the site has a minimum street frontage of seventy-five feet in length. On corner lots, one additional pole sign may be established provided that each street frontage is at least seventy-five feet in length. Each pole sign shall be oriented to the street frontage on which it is erected.

ii.

The area of a double faced pole sign shall be calculated to include both sides of the sign cabinet. The area of a multi-cabinet sign shall be calculated to include all the cabinets.

b.

Maximum Size and Height.

i.

The total sign area of a pole sign shall not exceed one square foot of sign area for every one linear foot of street frontage on which the business is located, and shall not exceed a total sign face area of two hundred forty square feet, with a maximum of one hundred twenty square feet per individual sign face. (See Figure 17.62.100C)

ii.

The maximum height of a pole sign shall not exceed twenty feet. (See Figure 17.62.100C)

Figure 17.62.100C

==> picture [168 x 148] intentionally omitted <==

iii.

Architectural projections of not more than two feet may be added to the top of a pole sign. At no time shall the total height of a pole sign exceed twenty-two feet. The architectural projection shall be used for design purposes only and no sign copy or internal illumination shall be located within this area.

c.

Location.

i.

Pole signs shall be located in a landscape planter the size of which is at least half the size of the sign's total sign area.

ii.

Pole signs shall be located at a distance of at least five feet from the street abutting property line. This setback distance shall be measured from the property line to the leading edge of the pole sign. (See Section 17.62.170 of this chapter.)

iii.

If a pole sign is located within twenty feet of the public right-of-way, only one supporting column shall be permitted.

iv.

Pole signs shall be located at a distance of at least ten feet from any driveway access. This setback distance shall be measured from the edge of the driveway closest to the freestanding sign to the leading edge of the pole sign closest to the driveway.

v.

Pole signs shall be located at a distance of at least twenty-five feet from a lot line of any residential zoned property.

vi.

For property which qualifies for two pole signs, the pole signs shall be located at least one hundred and fifty feet apart.

vii.

On corner lots, no pole sign or support structure shall be located within the triangular vision clearance area which covers the area between the two street abutting property lines for a length of fifteen feet along each property line from their point of intersection. (See Figure 17.62.100D)

Figure 17.62.100D

==> picture [188 x 229] intentionally omitted <==

viii.

No pole sign or portion thereof shall be located so as to project across any property line except as provided for in Section 17.62.120 of this chapter.

d.

Appearance.

i.

All pole signs shall be architecturally compatible with the building(s) on the site where the pole sign is located. In most cases, square or box sign cabinets which have no architectural treatment compatible with the building(s) on the site are discouraged.

ii.

All pole signs shall be constructed so as to conceal any structural members, bracing, wiring and/or lighting fixtures.

iii.

The supporting structure(s) of any pole sign shall be of a design and material consistent with that of the exterior of the building(s) on the site. Pole covers/sleeves shall be provided as a decorative feature around the supporting structure of a pole sign.

e.

Minimum Height and Clearance.

i.

Pole signs projecting over a pedestrian way shall have a minimum height clearance of eight feet. Signs projecting over a vehicular access, parking or circulation area shall have a minimum height clearance of fifteen feet. Signs projecting over public property shall comply with the Montebello Municipal Code requirements for such sign.

ii.

Pole signs shall not project over any building.

3.

Monument and Pylon Signs.

a.

Site Requirements.

i.

One monument or pylon sign may be permitted on a site provided that the site has a minimum street frontage of seventy-five feet in length. On corner lots, one additional monument or pylon sign may be established provided that each street frontage is at least seventy-five feet in length. Each sign shall be oriented to the street frontage on which it is erected.

ii.

The total sign area of a monument or pylon sign with two or more faces shall be calculated to include the area of all faces.

b.

Maximum Size and Height.

i.

The total sign area of a monument or pylon sign shall not exceed eighty square feet, with a maximum of forty square feet per individual sign face.

ii.

The maximum height of a monument sign shall not exceed six feet measured from grade level to the uppermost edge of the sign cabinet. (See Figure 17.62.100E)

Figure 17.62.100E

==> picture [180 x 206] intentionally omitted <==

iii.

The maximum height of a pylon sign shall not exceed ten feet measured from grade level to the upper most edge of the sign face cabinet. The maximum width of a pylon sign shall not exceed four feet. (See Figure 17.62.100F)

Figure 17.62.100F

==> picture [202 x 229] intentionally omitted <==

c.

Location.

i.

Monument or pylon signs shall be located in a landscape planter the size of which is at least half the size of the sign's total sign area.

ii.

Monument and pylon signs shall be located at a distance of at least five feet from the street abutting property line. This setback distance shall be measured from the property line to the leading edge of the monument or pylon sign.

iii.

Monument or pylon signs shall be located at a distance of at least ten feet from any driveway access. This setback distance shall be measured from the edge of the driveway closest to the monument or pylon sign to the leading edge of the sign closest to the driveway.

iv.

Monument or pylon signs shall be located at a distance of at least of twenty-five feet from a lot line of any residential zoned property.

v.

For property which qualifies for two monument or pylon signs, the monument or pylon signs shall be located at least one hundred fifty feet apart.

vi.

On corner lots, no monument or pylon sign shall be located within the triangular vision clearance area which covers the area between the two street abutting property lines for a length of fifteen feet along each property line from their point of intersection. (See Figure 17.62.100D)

vii.

No monument or pylon sign or portion thereof shall be located so as to project across any property line except as provided for in Section 17.62.120 of this chapter.

d.

Appearance.

i.

All monument or pylon signs shall be architecturally compatible with the building(s) on the site on which the monument sign is to be located. In most cases, square or box sign cabinets which have no architectural treatment compatible with the building(s) on the site are discouraged.

ii.

All monument and pylon signs shall be constructed so as to conceal any structural members, bracing, wiring and/or lighting fixtures.

iii.

No exposed concrete bases are permitted without providing a decorative treatment such as a textured or stucco finish or other treatment which is compatible with the architecture or materials of the building(s) on the site where the sign is located.

Mansard Signs.

a.

Maximum Size. Mansard signs are subject to the regulations in Section 17.62.100(A)(1) relating to wall and marquee signs.

b.

Placement. Such signs shall be mounted on a mansard roof so that the lowest portion of the sign cabinet is recessed into the roof structure and the uppermost portion of the cabinet is flush with the roof. At no point shall there be an open area behind the sign cabinet and the mansard roof. (See Figure 17.62.100A)

5.

Under Marquee.

a.

Maximum Size. The sign area of an under marquee sign shall not exceed three square feet per sign face, not to exceed two faces.

b.

Placement. Mounted underneath a marquee and over a sidewalk, under marquee signs shall be no lower than eight feet above ground level. Signs projecting over public property shall comply with Section 17.62.120 of this chapter. (See Figure 17.62.100A)

6.

Projecting Signs.

a.

Maximum Size. The sign area of a projecting sign shall not exceed three square feet per sign face, not to exceed two faces.

b.

Placement. Projecting signs shall be placed no lower than eight feet above ground level and shall extend no higher than twelve feet. (See Figure 17.62.100A)

7.

Changeable Copy Signs.

a.

Maximum Size. The sign area of a changeable copy sign shall not exceed twenty square feet.

b.

Placement. Changeable copy signs shall be placed in a permanently mounted sign structure either attached to the building or freestanding, consistent with the other provisions of this chapter.

Awning Signs.

a.

Maximum Size. The sign area of signs on awnings shall not exceed thirty percent of the exterior surface of the awning. The length of the sign shall not be greater than sixty percent of the length of the awning. (See Figure 17.62.100A)

9.

Window Signs.

a.

Maximum Size. The sign area of signs located on the glazed area of a building window shall not exceed twenty five percent of the area of the window containing the sign. (See Figure 17.62.100B)

b.

Placement. Window signs shall be placed on the interior of a building within a window frame. (See Figure 17.62.100A)

10.

Outdoor Business Signs. For outdoor businesses (such as auto dealerships, nurseries, and auto rentals, but not service stations and carwashes) the total sign area on the site shall not exceed one square foot of sign area for every one linear foot of street frontage on which the business is located. All other applicable requirements as set forth in this chapter shall apply.

11.

Fence Mounted Signs. In the M-1 or M-2 zones when a building is not visible from the public right-of-way and visually blocked by a view obscuring fence, one twenty square foot sign shall be permitted to be mounted on a fence facing the public right-of-way. The sign shall be mounted in a permanent manner flush with the fence and visible to the public right-of-way. The sign shall also not extend above the top of the fence upon which it is mounted.

12.

For Sale or For Rent Signs. The area of for sale, for lease or for rent signs shall not be included in the calculation of overall sign area for a site. Although a building permit is not required for this type of sign, all ground mounted for sale and for lease signs shall be reviewed and approved by the planning department and the department of public works.

a.

Maximum Size. The area of a for sale or for rent sign shall not exceed twenty square feet.

b.

Number. The number of for sale or for rent signs on a site shall be limited to one per building or one per business. For large commercial and industrial centers, one freestanding for sale or for rent sign shall be permitted per street frontage.

c.

Placement. For sale or for rent signs may be displayed in the same location as permanent signs.

i.

For sale or for rent signs shall not be placed in the path of pedestrian traffic.

ii.

Ground mounted for sale and for rent signs shall be located at a distance of at least five feet from the street abutting property line. This setback distance shall be measured from the property line to the leading edge of the freestanding for sale or for rent sign.

iii.

Ground mounted for sale and for rent signs shall be located at a distance of at least ten feet from any driveway access. This setback distance shall be measured from the edge of the driveway closest to the for sale or for rent sign to the leading edge of the for sale or for rent sign closest to the driveway.

13.

Flags. Flags (not including official national, state or local flags per Section 17.62.060 of this chapter) which can be raised and lowered on permanently fixed flag poles are not limited to the height and area requirements of freestanding signs; however, the area of the flag will be calculated as part of the total sign area for a site. The height of a flag pole supporting such a flag is subject to the maximum building height limitation of the zone in which it is located.

B.

Freeway-Oriented Signs.

1.

In addition to any other signs permitted on a site subject to the provisions of this chapter, one freeway-oriented sign may be located on any site which is within five hundred feet of a freeway right-of-way, and which is developed with either:

a.

A service station or detached restaurant; or

b.

A commercial, industrial or recreational center or a single business provided that such center or business is located on a site with an area of at least two acres.

Such signs may be erected subject to the following criteria:

a.

Maximum Height. Twenty-five feet above the grade of the freeway or above the grade of the location where the sign is erected, whichever is greater;

b.

Maximum Size.

i.

Service Stations. One hundred sixty square feet per sign face.

ii.

All Others. One hundred sixty square feet per sign face plus one square foot of sign face per one thousand square feet of the building housing the advertised use, and shall not exceed a maximum sign face area of six hundred square feet.

c.

Support Structures. The supporting structures of any sign must:

i.

Be of a design and material(s) consistent with that of the exterior of the building(s) on the site. Pole covers/sleeves shall be provided as a decorative feature around the supporting structure of a freeway-oriented sign;

ii.

Not create any visual obstruction or adverse safety or aesthetic impact.

d.

No freeway-oriented sign or portion thereof shall be located so as to project across any property line except as provided for in Section 17.62.120 of this chapter.

(Ord. 2160 § 5 (part), 1997)

A.

Intent. The provisions of this section shall apply to all off-premises digital display signs as defined under Section 17.62.170, within the city. With authority provided to the City in Government Code Section 65864 and Business and Professions Code section 5412 to enter into development and relocation agreements, the intent of this section is reduce visual clutter, eliminate non-conforming signage, facilitate the orderly development and relocation and redistribution of existing displays to more appropriate locations within the city, to allow for the incorporation of modern technology into relocated displays and limited new displays; and to eliminate the need

for the city to pay compensation for removal of existing displays to accommodate a public project. The provisions of this section shall govern the processing of applications for off-premises digital display signs.

B.

Off-Premises Digital Display Sign Corridors. The construction of a new off-premises digital display sign or the relocation of an off-premises sign shall be permitted only within the Interstate 5 Freeway Digital Display Sign Corridor or the California State Route 60 Freeway Digital Display Sign Corridor.

1.

For purposes of this section, "Interstate 5 Freeway Digital Display Sign Corridor" shall mean any area along the southern terminus of the city within two hundred feet of the I-5 Interstate Freeway right-of-way boundary.

2.

For purposes of this section, the "California State Route 60 Freeway Digital Display Sign Corridor" shall mean any area within six hundred feet of the California State Route 60 Freeway right-of-way boundary.

C.

Off-Premises Digital Display Poster Conversion. The replacement of existing off-premises signs with an offpremises digital display shall only be permitted where:

1.

The existing and replacement sign face measures no less than two hundred square feet and no more than three hundred square feet (cabinetry and trim excluded);

2.

The sign face is not primarily viewed from a freeway;

3.

The existing off-premises sign is located on a commercial or industrial zoned property and is not within five hundred feet, measured from the sign structure, of residentially zoned property;

4.

The replacement digital display face is no less than one thousand feet from any other off-premises digital sign face on the same side of the street or roadway;

5.

The existing off-premise sign is not attached to a building rooftop;

6.

No structural alteration to the existing sign structure is required; and

7.

The existing off-premises sign is not located on real property owned or controlled by a public entity. For the purposes of this section, an "Off-Premises Digital Display Poster Conversion" shall mean any off premises digital display consistent with the standards of this subsection (C).

D.

Development Agreement Required.

1.

New Off-Premises Digital Display Signs. The construction of a new off-premises digital display sign within either digital display sign corridor shall be allowed only with the approval of a development agreement by the city council, containing appropriate standards and public benefits to be negotiated between the sign owner and the city, and in compliance with all other standards imposed by this chapter.

2.

Relocation of Off-Premises Sign. The relocation of an off-premises sign, and its replacement with a new offpremises digital display sign, is allowed only upon approval of a development agreement by the city council, containing appropriate standards and public benefits to be negotiated between the sign owner and the city, and compliance with all other standards imposed by this chapter.

3.

Off-Premises Digital Display Poster Conversion. An off-premises digital display poster conversion shall be allowed only upon approval of a development agreement by the city council containing appropriate standards and public benefits to be negotiated between the sign owner and the city, which public benefits shall include removal of other existing off-premises signage on a one to one ratio, at a minimum, and in compliance with all other standards imposed by this chapter.

E.

Off-Premises Digital Display Sign Permit. No person or entity shall construct, build, erect, or relocate an offpremises display sign or an off-premises digital display sign without first being issued an off-premises digital display sign permit by the planning manager or designee. The planning manager shall issue an off-premises digital display sign permit only if the applicant satisfies all of the general conditions set forth in Section 17.62.105(E). An applicant shall provide visual simulations or renderings of the proposed off-premises digital display sign as may be directed by the planning manager and a photometric study prepared by a city approved lighting engineer.

F.

General Standards and Conditions. The provisions of this subsection, are in addition to any standards imposed in the development agreement. To be issued an off-premises digital display sign permit, the off-premises digital display, including off-premises digital display poster conversions, must comply, at a minimum, with all of the following requirements, as applicable:

1.

The city council shall have approved a development agreement pursuant to Section 17.62.105(C) between the city and applicant.

2.

Off-premises digital display signs shall be located within the Interstate 5 or California State Route 60 Freeway Digital Display Sign Corridor, as defined in Section 17.62.1 05(8). and off-premises digital display poster conversions shall be located consistent with the location standards in Section 17.62.105(C) and shall not be limited to being located within the Interstate 5 or California State Route 60 Freeway Digital Display Sign Corridor.

3.

An off-premises digital display shall not be erected within five hundred feet of any off-premises display on the same side of the freeway. An off-premises digital display shall not be erected within one thousand feet of any other off-premises digital display on the same side of the freeway.

4.

An off-premises digital display sign face area shall not have more than six hundred and seventy-two square feet, but excluding border, trim, base or apron supports, and other special advertising features or additions or other structural members.

5.

The interval between the change in digital content shall be a minimum of eight seconds and the images shall change instantaneously, without special transitional effects.

6.

No digital display sign may include any illumination or message change that is in motion or that changes intensity.

7.

The height of any off-premises digital display sign structure shall not exceed seventy-five feet measured from the lower of either the ground level at the base of the sign structure or the finished grade of highway the sign is advertising thereto, subject to specific site conditions and visibility factors as determined by the planning manager. For purposes of this section, "finish grade" shall be measured from the shoulder elevation of the highway immediately next to the "slow lane."

8.

An off-premises digital display shall not be permitted to structurally attach on the roof of a building.

9.

An off-premises digital display shall not encroach over public rights-of-way.

10.

An off-premises digital display shall not be permitted within two-hundred feet of a residentially zoned property.

11.

The back or rear of an off-premises digital display structure, which is visible to the public, shall be suitably covered to conceal the inner structures and shall be properly maintained.

An off-premises digital display must utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light so that at no time will the sign exceed a brightness level of 0.3 footcandle above the ambient light for both daytime and nighttime condition.

Pre-set distances to measure the foot candles impact vary with the face size of each size sign. Measurement distance criteria:

After commencement of operation, the city may, at the permittee's expense, retain a lighting engineer to conduct follow-up testing and recommend any necessary corrective measures if the city reasonably believes brightness levels exceed this code's requirement. If directed to take corrective measures by city staff based on the lighting engineer's report, the permittee must promptly implement such corrective measures at its sole expense within seven days of the date of the city's demand for corrective measures.

13.

All off-premises digital displays must revert to a black screen or turn off immediately if ten percent of the digital display screen malfunctions.

14.

Bidirectional or double-faced signs shall be located on the same structure. For parallel double-faced signs, the distance between the back sides of the sign faces shall not exceed eight feet. For "V-shaped" double-faced signs, the distance between sign faces shall not exceed thirty-five feet at their widest point and shall not exceed eight feet at their closest point.

15.

Except for off-premises digital display poster conversions, an off-premises digital display structure shall have a single support structure (monopole).

16.

All off-premises digital displays shall be constructed of noncombustible material.

17.

All off-premises digital displays shall be maintained in good condition and working order, as determined by the city manager or designee, and free of graffiti, peeling paint, faded colors and/or broken and damaged materials. Violators shall be subject to any and all penalties or remedies authorized under the Montebello Municipal Code, state law, and federal law.

Except for off-premises digital display poster conversions, the permittee shall underground all utilities installed in connection with off-premises digital display.

19.

No off-premises digital display shall be placed or maintained in violation of the state Outdoor Advertising Act or any other applicable state, federal, or local law.

20.

Off-premises digital displays shall be oriented away from residential areas.

(Ord. NO. 2375, § 3, 2-24-2016; Ord. No. 2466, § 5, 10-11-2023)

The area of temporary signs shall not be subject to the limitations of this chapter on maximum permissible sign area for a site's permanent signs. However, areas of a window devoted on a continuous basis to paper signs or other such advertisements which are changed on a regular basis, will be subject to the limitations of this chapter on maximum permissible sign area.

A.

Duration. Temporary signs may be displayed subject to a temporary use permit. A minimum of fifteen days between display periods shall be required. Temporary signs may be displayed up to one hundred twenty days in any given three-hundred-sixty-five-day period subject to one of the following alternatives:

1.

Thirty-day display periods, not to exceed four in any given three-hundred-sixty-five-day period;

2.

Fifteen-day display periods, not to exceed eight in any given three-hundred-sixty-five-day period;

3.

Any combination of individual temporary use permits for thirty-day display periods or fifteen-day display periods, provided that the total number of display days does not exceed one hundred twenty days in any given threehundred-sixty-five-day period, and at least fifteen days are provided between display periods;

4.

An annual temporary use permit for any combination of thirty-day periods and fifteen-day periods, provided that the total number of display days does not exceed one hundred twenty days in any given three-hundred-sixtyfive-day period, and at least fifteen days between display periods are provided; or

5.

An annual temporary use permit which would allow the applicant, subject to the approval of the director of planning, to tailor a permit to the particular needs of a business, provided that the total number of days does not

exceed one hundred twenty days in any given three-hundred-sixty-five-day period.

Figure 17.62.110

==> picture [296 x 229] intentionally omitted <==

B.

Maximum Size. The sign area of a temporary sign shall not exceed thirty square feet per facade (except inflatable signs).

C.

Placement. Temporary signs may be displayed in the same location as permanent signs. At no time may temporary signs be affixed to a temporary structure. All components of a temporary sign shall be removed when the permit expires. Paper signs shall not be displayed on the exterior of any building and shall be limited only to interior window displays.

D.

Types. The use of temporary signs shall be limited to the following purposes:

1.

Change of ownership or new management announcements;

2.

Announcements of special sale events or promotional activities.

E.

Exemptions. Temporary election posters and posters for charitable causes are exempted from the preceding limitations, but must be placed on private property and must be removed after the event to which the poster is associated has ended.

F.

Inflatable Signs. The use of inflatable signs shall be limited to a total of twenty-eight days in any given threehundred-sixty-five-day period. A temporary use permit shall be required for the use of an inflatable sign, and each such permit shall be valid for a display period not to exceed seven days. A minimum of fifteen days between display periods shall be required. Days on which an inflatable sign is displayed shall be included among the maximum of one-hundred twenty days per year for the display of temporary signs by a business.

G.

Cabinet Cover Signs. Where one business vacates a property and a new business occupies the same site, the new business may utilize a cabinet cover(s) over the existing sign cabinet structure(s) subject to issuance of a temporary use permit until permanent sign faces can be installed in the existing freestanding or wall mounted sign cabinet(s). The use of a cabinet cover(s) shall be limited to a period not to exceed one hundred twenty days. This one hundred twenty-day period shall not be counted among the maximum number of days per year for which the display of temporary signs is allowed.

H.

Public Works Contingency. Where a business sign or entrance is obstructed due to a public works project, or where such a project creates the need for additional directional signage, such business may be granted a temporary use permit for the duration of the obstruction. Such a temporary sign shall be used for business identification or directional purposes only. There shall be no charge for a permit for such a sign, nor shall the display period be counted among the maximum number of days per year for which the display of temporary signs is allowed.

I.

Fees. Fees for temporary use permits shall be established per resolution by the city council.

J.

Prohibited Signs. The following temporary signs shall be prohibited at all times:

1.

Temporary signs in the public right-of-way;

2.

Inflatable signs made of mylar, or other similar metal-coated plastics.

(Ord. 2160 § 5 (part), 1997)

(Ord. No. 2466, § 5, 10-11-2023)

No sign shall project over public right-of-way without first obtaining permission in writing from the city council. Otherwise, no sign, or portion thereof, shall extend or project over any public sidewalk, parkway, street, or other public property, or over any private property used, or intended to be used as a sidewalk, pedestrian path, bikeway, street, driveway, parking lot, driving aisle, parking space, loading area or other pedestrian or vehicular access area, except as provided for in the following provisions:

A.

Below Eight Feet. No part of any sign may project or extend into such a pedestrian or vehicular use area below a height of eight feet above ground level.

B.

Between Eight and Twelve Feet. Above a height of eight feet and below a height of twelve feet, no sign shall project more than twelve inches into such a pedestrian or vehicular use area.

C.

Above Twelve Feet. Above a height of twelve feet, no sign shall project or extend more than thirty inches into such a pedestrian or vehicular use area.

(Ord. 2160 § 5 (part), 1997)

A.

Legibility. Every business utilizing any signs pursuant to this chapter must identify itself to the public with a sign which identifies the business using Roman letters and/or Arabic numerals at the front of the business facing the street, and in contrasting colors to the background. This business identification shall be legible from the same or greater distance as any other sign copy for the business on the site.

B.

Address. In addition to any signs permitted under the provisions of this chapter, the correct street address number of every commercial and industrial building shall be displayed on the building facing the street, and shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building. (See Section 15.08.110(L) of this code)

(Ord. 2160 § 5 (part), 1997)

The purpose of a planned sign program is to encourage consistency of design and regulation and to allow flexibility of design for signs which are harmonious throughout a commercial or industrial development and which promote a positive identification and image. A planned sign program may be approved for freeway signs or for commercial or industrial centers on sites of twenty thousand square feet or more. An application for such program must be reviewed and approved by the planning commission. A planned sign program is intended to provide maximum incentive and latitude to encourage variety and good design of signs, and to allow response to special circumstances, but shall not be used to circumvent the objectives of this chapter. It is intended that signs approved per a planned sign program not be subject to the specific limitations contained in the foregoing provisions of this chapter, but that such signs be equal to or better than that which the specific code standards would otherwise yield. A planned sign program shall be evaluated on the merit of the program being presented (i.e., comprehensiveness, consistency, aesthetics, orientation and need of the advertisement). Conditions may be

imposed to the extent that findings required for a sign program cannot be made without imposition of those conditions.

A.

Review Standards. A planned sign program may be approved or conditionally approved by the planning commission only if the following findings are made:

1.

The proposed signs are consistent with the intent of this chapter, the general plan and any applicable specific plans;

2.

The proposed signs are aesthetically and architecturally consistent with each other;

3.

The proposed signs are aesthetically and architecturally compatible with the buildings and developments they identify, taking into account building materials, colors and design;

4.

The proposed signs are aesthetically compatible with the surrounding commercial development and existing sign treatment in the vicinity; and

5.

Approval does not constitute a grant of special privilege or allow substantially greater overall visibility than the standard provisions of this chapter would otherwise provide.

B.

Planned Sign Program—Application Form, Filing Fee. Application for a planned sign program shall be made by the property owner, the owner of an existing or proposed business on the site, or an authorized agent thereof, to the planning commission on a form provided for that purpose by the city. Such application shall be submitted to the planning department accompanied by filing fees in an amount established by resolution of the city council.

1.

The following shall be submitted as a part of the application:

a.

A completed application on a form provided for this purpose by the planning department;

b.

A planned sign program narrative which provides a written description of the goals, objectives and sign criteria; and

c.

Seventeen copies of the following:

i.

A fully dimensioned and detailed plot plan of the site indicating the location of all existing and proposed signs,

ii.

Facade elevations of all buildings showing all existing or proposed signs,

iii.

Architectural details of all signs and sign structures, and

iv.

Other material the city planner may deem necessary to communicate the intent of the proposal to the planning commission.

(Ord. 2160 § 5 (part), 1997)

17.62.150 - Deviation from requirements.

When it is found that the strict or literal interpretation of the provisions set forth in this chapter would cause undue difficulties and unnecessary hardship inconsistent with the purpose and intent of this chapter, a minor deviation or deviation may be granted subject to specific requirements and findings as set forth in this chapter.

A.

Minor Deviations. When an application for a sign permit has been submitted to the planning department, the director of planning shall have authority to grant or conditionally grant a minor deviation to allow no more than one of the following: a ten percent increase in the height or area of an allowable sign, or a ten percent decrease in the area of a required landscape planter, subject to the findings contained in subsection D of this section.

B.

Planning Commission Deviations. The planning commission shall have the authority to grant deviations that are greater than the limitations on minor deviations per subsection A of this section; and to the provisions relating to: (1) the placement of the sign on the land or building; (2) the separation from other signs; (3) the abatement of nonconforming signs. Deviations approved by the planning commission shall be processed in the same manner as a zone variance except that public notice of the hearing is not required.

C.

Planning Commission Deviations—Application Form, Filing Fee. Application for a planning commission deviation shall be made by the property owner, or the business owner of an existing or proposed business on the site, or by an authorized agent thereof, to the planning commission on a form provided for that purpose by the city. Such application shall be submitted to the planning department accompanied by filing fees in an amount established by resolution by the city council.

The following shall be submitted as part of the application:

A completed application on a form provided for this purpose by the planning department; and

2.

Seventeen copies of the following:

a.

A fully dimensioned and detailed plot plan of the site indicating the location of all existing and proposed signs,

b.

Facade elevations of all buildings with existing or proposed wall signs,

c.

Architectural details of all signs and sign structures, and

d.

Other material the city planner may deem necessary to communicate the intent of the proposal to the planning commission.

D.

Deviation Findings. Deviations may be approved or conditionally approved only if the granting authority finds that:

1.

The strict or literal interpretation of the provisions set forth in this chapter would cause undue difficulties and unnecessary hardships inconsistent with the purpose and intent of this chapter;

2.

The sign is in proportion to the structure or use to which it relates;

3.

The sign's external features are in balance and unity, and present a harmonious appearance;

4.

The sign is compatible with the style or character of improvements on adjacent property; and

5.

The sign is consistent with the objectives of the general plan or any applicable specific plan.

(Ord. 2160 § 5 (part), 1997)

It is the intent of this section to recognize that the eventual elimination, as expeditiously as possible, of existing signs that are not in conformity with the provisions of this chapter is as important, as is the prohibition of new

signs that would violate these regulations. It is also the intent of this section that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established property rights.

A.

Definition. A nonconforming sign is a sign which had been lawfully established prior to the time of the adoption of these standards which:

1.

Does not now conform to these standards; or

2.

Is neither specifically permitted or prohibited under these standards.

B.

General Requirements. A nonconforming sign shall be properly maintained m accordance with Section 17.62.040 of this chapter but may not be:

1.

Changed to another nonconforming sign;

2.

Improved or structurally altered so as to extend its useful life, outside of a change in copy; or

3.

Expanded, moved or relocated, except as provided in Section 17.62.105, Off-Premises Digital Display signs.

C.

Removal or Replacement. Nonconforming signs and other signs must be removed or replaced by conforming signs when any of the following applies:

1.

A sign which was erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use;

2.

A sign which was lawfully erected but the use of which has ceased, or the structure upon which the display was erected has been abandoned by its owner for a period of not less than ninety days;

3.

The business represented by the sign replaces or expands the existing signs on the site;

A sign which has been more than fifty percent destroyed and the destruction is other than facial copy replacement, and the display cannot be repaired within thirty days of the date of its destruction;

5.

A sign for which there has been an agreement between the sign owner and the city for its removal as of any given date;

6.

A sign which may become a danger to the public or is unsafe;

7.

A sign which constitutes a traffic hazard not created by relocation of streets or highway or by acts of any city or county; or

8.

In addition to the preceding, any nonconforming sign located within a redevelopment project area must also be removed according to the amortization period as specified in the following table and as measured from 10/12/87 or the subsequent date of adoption of any amendment of this chapter which created the nonconformity:

Amortization Table

(Ord. 2160 § 5 (part), 1997)

(Ord. No. 2375, § 4, 2-24-2016)

For the purpose hereof, the following definitions shall apply:

"Awning sign" means a sign which is painted, sewn, stained, etc., permanently onto the exterior surface of an awning. For the purpose of this chapter, an awning is a permanent or temporary structure attached to and

entirely supported by a wall of a building and installed over and partially in front of doors, windows or other openings in a building and over all or any portion of a building wall. Said awning consists of a frame with a canvas or other similar material covering the entire frame.

"Cabinet cover sign" means a temporary sign cover constructed of cloth, vinyl, plastic, canvas, or other similar light-weight materials. This temporary sign is designed to cover a sign cabinet of a freestanding or wall mounted sign.

"Cabinet sign" means a sign which contains all the text and/or logo symbols within a plastic single faced area, which may or may not be internally illuminated, and is held within a structural casing usually fabricated of sheet metal. This metal sign structure shall be referred to as a sign cabinet. Cabinet signs that are mounted on a building shall be referred to as a wall sign.

"Changeable copy sign" means a sign that is designed so that the individual characters, letter, or illustrations can be changed or rearranged on a regular basis without altering the face of the surface of the sign.

"Channel letter sign (individual letter sign)" means individual three dimensional letters, characters, logos or figures mounted individually on a wall surface or on a race-way. Channel letter signs shall be referred to as wall signs.

"Clearance of a sign" means the vertical space or distance between the lowest most horizontal ornamental or structural element of the sign to the ground immediately below such point.

"Commercial advertising statuary" means a statue or other three dimensional structure in the form of an object that identifies, advertises or otherwise directs attention to a product or business.

"Digital display" means "message center" as defined in Business and Professions Code section 5216.4, which is any advertising display where the message is changed more than once every two minutes, but not more than once every four seconds.

"Elevation" means the exterior walls of a building exposed to public view.

"Facade" means the exterior walls of a building which are exposed to public view.

"Front facade" means the main building elevation containing the primary entrance of the building which typically faces a public street. In cases where a business is located in a multiple tenant commercial or industrial center, the front facade shall be the main entrance to the business.

"Flag," "pennant" or "banner" means a device generally made of flexible materials, usually cloth, paper or plastic. They may or may not contain any sign copy and are primarily intended to draw attention.

"Flashing illuminated sign" means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.

"For sale sign" or "for rent sign" means a sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is displayed.

"Freestanding sign" means a sign that is independent of or not affixed to any building or structure, permanent in nature, entirely supported by one or more poles with a solid base or other structural elements and either placed on or anchored in the ground. Pursuant to this chapter, pole signs, monument signs, and pylon signs are all considered to be freestanding signs.

"Freeway sign" means a sign whose purpose is to identify a specific service-oriented business (those offering eating facilities, lodging accommodations or automobile services) which is located adjacent to the freeway rightof-way, or separated from the right-of-way by a frontage road.

"Height of a sign" means the vertical distance measured from the highest point of the sign including any architectural, ornamental or structural element of the sign to the ground immediately below such point.

"Inflatable sign" means a balloon or other object inflated with lighter-than-air gaseous elements for buoyancy, which is attached or anchored to any building, structure or the ground, and shall include all parts, portions, units and material composed of the same, including the support or anchor.

"Leading edge" means the closest vertical edge of a sign to the property line or other point of reference as specified in this chapter.

"Linear" refers to length only.

"Mansard sign" means any cabinet sign that is mounted permanently to a mansard roof or other similar roof structure such as an angled roof structure directly above a marquee.

"Marquee" means any permanent construction/structure which projects from the wall of a building and which usually extends out over the front entrance of a building.

"Marquee sign" means any sign mounted to the top of a marquee but which is below the roof line or top of a building parapet.

"Monument sign" means a freestanding, low profile structure with a solid base which may be internally or externally illuminated and is affixed in or upon the ground with no air space between the ground and the bottom of the sign cabinet. The sign's horizontal dimension is greater than its vertical dimension.

"Mural" means a large painting or picture, which may be pictorial or abstract, applied to or made a part of a wall, or a large painting done on a panel which is then affixed to a wall.

"Off-premises sign" means any sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. The phrase "offpremises sign" includes signs referred to as subdivision or tract advertising and/or directional signs and billboards.

"Painted wall sign" means any sign which is painted directly to the exterior wall of a building or masonry block wall.

"Planned sign program" means an adopted master sign plan providing coordinated signs for a site using one or more common design elements such as colors, materials, lettering, sign type or style, or illumination.

"Pole cover" means a decorative architectural feature which covers the supporting pole(s) or other structural supports of a sign.

"Pole sign" means a freestanding structure which is supported by a structural member(s) with air space between the ground level and the bottom of the sign.

"Portable sign" means any sign capable of being carried or moved from one spot to another and which is not permanently affixed or attached to the ground or to any structure.

"Projecting sign" means a sign attached to an exterior wall and/or to the roof of a building, which sign is oriented at an angle up to ninety degrees to or from the building.

"Pylon sign" means a freestanding structure which is affixed in or upon the ground with no air space between the ground and the bottom of the sign cabinet. The sign's vertical dimension is greater than its horizontal dimension.

"Relocation" means removal of an existing off-premises display or advertising structure and the construction of a new digital display to substitute or replace the display or advertising structure removed.

"Roof sign" means a sign supported by or attached to the roof of a building or projecting higher than the roof line, parapet wall or cornice of a building.

"Setback" means the distance between the property line abutting the street right-of-way line and the front line of a building, structure, freestanding sign or any projection thereof.

"Sign" means any device for visual communication, including any announcement, declaration, demonstration, display, illustration or insignia, which is used to advertise or promote the interests of any person, business group or enterprise, including, but not limited to, outdoor advertising structures.

"Sign area" means the entire surface area of the sign copy, which includes the total area of the copy and background whether or not there is sign copy on all surfaces. Architectural design embellishments and structural elements such as sign pedestal or pole are not part of the sign area. The sign face includes the smallest square, circle, rectangle, triangle or combination of irregular shapes that will encompass the extreme limits of the copy together with the frame or structural trim of the display such as a sign cabinet.

"Sign copy" means any words, characters, logos, letters, numbers, figures, designs or other symbolic representations incorporated into a sign. The sign copy may consist of individual channel letters or a plastic, lexan or plexiglass face of a cabinet sign.

"Site" means one or more contiguous lots or parcels which are jointly used or developed in any manner.

"Street frontage" means the length of a lot or parcel of land contiguous with or adjacent to a public right-of-way, street or highway.

"Temporary sign" means a sign or display constructed of cloth, plastic, canvas, or similar lightweight materials, with or without frames, or an inflatable sign, other than a standard twelve-inch latex balloon, which are intended to be displayed for a temporary period, and which is used for advertising, promotion or directing of the public interest to: the sale or lease, or change of ownership or management of a business or property, announcement of special sale events or promotional activities, election posters and campaign literature, charitable causes.

"Under marquee sign" means any sign mounted beneath and affixed to the marquee of a building.

"Wall sign" means any sign posted on, suspended from, or otherwise affixed in an essentially flat position to the wall of a building. Such signage shall not include signs painted directly onto the building.

"Wind driven sign" means any sign consisting of one or a series of two or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind or breeze.

"Window sign" means any sign affixed to a window or within twelve inches of a window that is intended to be seen from the exterior of a building through a window.

(Ord. 2160 § 5 (part), 1997)

(Ord. No. 2375, § 5, 2-24-2016; Ord. No. 2466, § 5, 10-11-2023)

Chapter 17.63 - SIGNIFICANT TOBACCO RETAILERS

The purpose of the adoption of the provisions hereof is to establish a comprehensive set of regulations applicable to the establishment of significant tobacco retailers within the City of Montebello.

(Ord. No. 2334, § 3, 9-23-2009)

Refer to Chapter 17.08 of this Code.

(Ord. No. 2334, § 3, 9-23-2009)

A conditional use permit shall be required for all new significant tobacco retailers as designated in Appendix A of the Zoning Code, Index of Primary Uses. The application submittal, review, and approval procedures set forth in Chapter 17.70 of the City's Zoning Code shall apply to all conditional use permit applications under this chapter.

(Ord. No. 2334, § 3, 9-23-2009)

17.63.040 - Standards for significant tobacco retailers.

A.

Operation Standards.

1.

The significant tobacco retailer shall comply with all applicable local, state, and federal laws regarding the use, advertising, display, or sales of tobacco products and/or tobacco paraphernalia including posting prominently near the cash register or other point of sale the legal age to buy tobacco products and/or tobacco paraphernalia, and checking the identification of all purchasers to ensure they are of legal age.

2.

Tobacco products and/or tobacco paraphernalia shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.

3.

No person younger than the minimum age designated in federal or state law may distribute, exchange, or sell tobacco products.

4.

Sampling of tobacco products by individuals younger than the minimum age designated in federal or state law shall be prohibited.

5.

Smoking shall be prohibited in a premises deemed a significant tobacco retailer.

B.

One Thousand-Feet Separation Required. No significant tobacco retailer shall be located within one thousand feet of any residential zone, sensitive land use, or other significant tobacco retailer. A sensitive land use shall include (i) a public or private kindergarten, elementary, middle, junior high or high school; (ii) a licensed child-care facility or preschool other than a small or large family day care facility; (iii) playground; (iv) youth center; (v) recreational facility; (vi) amusement arcade or internet gaming center; (vii) park; or (viii) library.

C.

How to Measure Operation. The distance between any structure used as a significant tobacco retailer and the residential zone or sensitive land uses detailed above shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a significant tobacco retailer to the closest property line of the residentially zoned property or sensitive land use.

(Ord. No. 2334, § 3, 9-23-2009)

Pre-existing Significant Tobacco Retailers. Every significant tobacco retailer legally in existence as of the date of enactment of this chapter shall be considered a legal non-conforming use as a significant tobacco retailer. This status shall be retained by the significant tobacco retailer as long as the use complies with the operation standards of Section 17.63.040(A) of this chapter. Any intensification, expansion, or substantial alteration of the significant tobacco retailer use shall require the approval of a conditional use permit subject to the application submittal, review, and approval procedures set forth in Chapter 17.70 of the City's Zoning Code.

(Ord. No. 2334, § 3, 9-23-2009)

Chapter 17.64 - RECYCLING-RELATED LAND USES

The provisions contained herein are to establish a comprehensive set of regulations applicable to recyclingrelated land uses, and facilities involved in the recycling of C&D materials.

(Prior code § 9263)

(Ord. No. 2352, § 4, 8-14-2013)

17.64.020 - Definitions.

Refer to the definitions contained in Chapter 17.08 of this code.

(Prior code § 9263.1)

All uses subject to the provisions hereof shall comply with all of the regulations contained in this title and any regulations included herein. Any such facility must be certified by the state and display an official certification sign at the facility.

(Prior code § 9263.2 (part))

(Ord. No. 2352, § 4, 8-14-2013)

17.64.040 - Public recycling collection facilities.

"Public recycling collection facility" means a facility established to receive presorted redeemable beverage containers; provided that such facility is composed of reverse vending machine(s), collection storage unit(s) or a mobile cycling unit. Recycling materials shall be presorted, and shall include absolutely no hazardous or biodegradable wastes. The requirements applicable to these facilities include the following:

A.

Any such facility must include provisions for recycling all redeemable beverage containers made of glass, plastic, aluminum, and bimetal.

B.

Any such facility may include one of the following:

1.

Reverse vending machines, which are automated mechanical devices which accept one or more empty beverage containers including glass, plastic, aluminum and bimetal, and which issue a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine;

2.

Collection storage unit(s), which are storage containers manufactured specifically for the purpose of receiving redeemable beverage containers without the use of power-driven processing equipment. Collection storage units fitted with reverse vending machines will be considered as collection storage unit facilities;

3.

A mobile recycling unit, which is an automobile, truck trailer or van licensed by the department of motor vehicles which is used exclusively for the collection of recyclable (redeemable) beverage containers.

C.

The following recycling collection facilities will be permitted as a use by right in the C-1 through M-2 zones subject to the limitations as specified. collection facilities which do not meet these limitations may be permitted in the C-1 through M-2 zones subject to approval of a conditional use permit:

Reverse vending machine(s); provided that:

a.

The facility not occupy more than fifty square feet; and

b.

The facility be located immediately adjacent to the building housing the responsible business and be adjacent to the same façade as the main entrance.

2.

Collection storage unit(s); provided that:

a.

Such units be entirely enclosed except for small openings for the deposit of recyclable materials;

b.

The total storage area not exceed one hundred twenty-five square feet;

c.

The facility be located within close proximity to the building housing the responsible business and must be situated at a location approved by the planning manager;

d.

The facility shall not obstruct a three-foot pedestrian access along the store front;

e.

All storage units shall be sealed in such a manner as to preclude the deposit of nonredeemable materials in the unit during hours when the facility is unmanned; and

f.

Such collection storage unit does not occupy any required parking spaces, backup area, or aisles.

3.

A mobile recycling facility; provided that:

a.

All storage shall be completely enclosed in a truck or van which does not exceed a three-quarter ton capacity;

b.

Such truck or van does not obstruct any pedestrian access, or occupy any required parking spaces, backup area, or aisles;

c.

An attendant is at the facility at all times;

d.

The operation of such facility does not encourage pedestrians or motorists to occupy required parking or aisles while waiting for a redemption, nor expose pedestrians or motorists to any safety hazard;

e.

The operation is not within forty feet of a public right-of-way; and,

f.

Each mobile facility must be removed from the premises each day.

D.

A business license shall be obtained by the owner/operator of each facility. Each machine, collection storage unit and mobile unit must be posted with proper business license information.

E.

No advertisement for any product or use other than recycling of beverage containers may be affixed to any machine or unit.

F.

All facilities must be maintained in a clean and attractive manner and serviced on a daily basis. A trash receptacle should be provided adjacent to each facility.

G.

Curb fronts within fifty feet of a recycling collection facility shall be painted and posted as "No Parking."

H.

A plan of operation including a correctly dimensioned site plan or layout of the facility, actual days and hours of operation, anticipated volume of recyclable material to be collected and any other information requested by the planning manager must be submitted for review and approval by the planning manager.

(Prior code § 9263.2 (2a))

(Ord. No. 2352, § 4, 8-14-2013)

Editor's note— Ord. No. 2352, § 4, adopted Aug. 14, 2013, deleted former §§ 17.64.040 and 17.64.050 which pertained to community recycling centers, and recycling stations, respectively; and derived from prior code §§ 9263.2[1], [2]. Ord. No. 2352 also renumbered former §§ 17.64.060 and 17.64.070 as §§ 17.64.040 and 17.64.060. Ord. No. 2352 changed the title of § 17.64.040 from "Recycling collection facilities" to "Public recycling collection facilities."

17.64.050 - Recycling facility (Materials recovery facility and waste transfer facility).

"Recycling facility" means a totally enclosed building within which the receipt, separation, storage, conversion, baling and/or processing of recyclable materials can occur for the purpose of reutilization of such materials. Hazardous and biodegradable materials including, but not limited to, food, beverages, drugs, cosmetics, hazardous chemicals, poisons, electronic wastes, medical wastes, syringes, needles, pesticides, and other similar materials shall not be brought into or handled by a recycling facility. A recycling facility may consist of a waste transfer facility, a materials recovery facility, or both. The requirements applicable to these facilities include the following:

A.

All outdoor storage of salvageable materials shall be contained within bins or pallets, or located on a paved area.

B.

All storage areas shall be enclosed by view-obscuring walls, fences or buildings. No storage facilities shall be seen from a public right-of-way or from any residential land use.

C.

All separation, sorting, processing, baling or other activities shall occur entirely within an enclosed building.

D.

The ambient noise level shall not be increased as measured at any property line.

E.

The facility and signage shall be unobtrusive and compatible with the area surrounding the subject site.

F.

No garbage or food wastes shall be permitted at the site. If any incidental amounts of biodegradable refuse materials enter the site, it shall be removed by the next working day or within forty-eight hours of entering the site, whichever is sooner.

G.

Liquid wastes, hazardous and biodegradable materials, including, but not limited to, food, beverages, drugs, cosmetics, hazardous chemicals, poisons, medical wastes, syringes, needles, pesticides and other similar materials shall not be permitted on the site.

H.

The owner/operator of the salvage site shall prevent or eliminate immediately any nuisance created by dust, odors, blowing material, litter, ponding water, noise or other nuisance.

I.

All buildings and structures within the site shall be rodent-proofed and any rodent infestation shall be controlled immediately.

J.

Any infestation or accumulation of flies or other insects of public health significance shall be immediately controlled.

K.

In anticipation of emergency situations (breakdown of facilities, power failure, landfill closure), provisions shall be made to ensure nonsalvageable waste materials will be properly contained and that no continuous storage be allowed.

L.

Any representative of a regulatory governmental agency shall be permitted access to the recycling facility at any reasonable time for the purpose of obtaining information or inspecting operations.

M.

Burning of wastes shall be prohibited.

N.

Fire protection and prevention facilities, including, but not limited to, fire sprinklers, shall be provided in a manner subject to approval of the fire marshal.

O.

A detailed site and operations plan, including, but not limited to, traffic routes, shall be subject to approval of the planning commission.

P.

Violation of any condition or any terms set forth shall result in the immediate closing of the recycling facility until such times as the violations are corrected to the satisfaction of the applicable regulatory agency.

Q.

A recycling facility shall not be located on a property located within four hundred feet of any R-zoned property or any property containing a public institutional land use (for example, a church, school, park or library).

R.

The applicant/operator of a recycling facility shall bear the full administrative costs of monitoring and inspection activities to be conducted by city staff or consultant representatives. A yearly permit fee and violation of fine schedule shall be prepared and approved prior to any recycling-related use being established. Failure to pay the city all fees and/or fines shall constitute a violation of Montebello Municipal Code.

(Prior code § 9263.2 [3])

(Ord. No. 2352, § 4, 8-14-2013)

Editor's note— Ord. No. 2352, § 4, adopted Aug. 14, 2013, changed the title of § 17.64.050 from "Recycling stations" to "Recycling facilities (Materials recovery facility and waste transfer facility)." See also the editor's note following § 17.64.040.

"Construction and demolition facility" means a facility within a totally enclosed building established to operate for the express purpose of receiving C&D waste, debris, and materials as defined in Section 17.08.577. The requirements applicable to these facilities include the following:

A.

All outdoor storage of salvageable materials shall be contained within bins or pallets, or located on a paved area.

B.

All storage areas shall be enclosed by view-obscuring walls, fences or buildings. No storage facilities shall be seen from a public right-of-way or from any residential land use.

C.

All separation, sorting, processing, baling or other activities shall occur entirely within an enclosed building.

D.

The ambient noise level shall not be increased as measured at any property line.

E.

The facility and signage shall be unobtrusive and compatible with the area surrounding the subject site.

F.

Only construction and demolition material, as defined in Section 17.08.577, shall be received for collection at the site.

G.

The owner/operator of the salvage site shall prevent or eliminate immediately any nuisance created by dust, odors, blowing material, litter, ponding water, noise or other nuisance.

H.

Any representative of a regulatory governmental agency shall be permitted access to the C&D facility at any reasonable time for the purpose of obtaining information or inspecting operations.

I.

Burning of wastes shall be prohibited.

J.

Fire protection and prevention facilities, including, but not limited to, fire sprinklers, shall be provided in a manner subject to approval of the fire marshal.

K.

A detailed site and operations plan, including, but not limited to, traffic routes, shall be subject to approval of the planning commission.

L.

Violation of any condition or any terms set forth shall result in the immediate closing of the C&D facility until such times as the violations are corrected to the satisfaction of the applicable regulatory agency.

M.

The applicant/operator of a C&D facility shall bear the full administrative costs of monitoring and inspection activities to be conducted by city staff or consultant representatives. A yearly permit fee and violation of fine schedule shall be prepared and approved prior to any recycling-related use being established. Failure to pay the city all fees and/or fines shall constitute a violation of Montebello Municipal Code.

(Ord. No. 2352, § 4, 8-14-2013)

17.64.070 - Construction and demolition debris collection.

A.

Purpose. The purpose of this Section of Title 17 is to:

1.

Implement California law as embodied in the California Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.). Towards this end, the City of Montebello is required to prepare, adopt and implement source reduction and recycling plans to reach in order to meet these goals.

2.

Promote the reduction of solid waste and is required to make substantial reductions in the volume of waste materials going to the landfills.

3.

Acknowledge that solid waste materials from construction, demolition, and the renovation of buildings represent a significant portion of the volume of waste presently coming from the City of Montebello and much of this waste is particularly suitable for recycling and reuse.

4.

Commit to the reduction of waste through the establishment of programs for recycling and salvaging of construction and demolition (C&D) waste.

B.

CALGreen Requirements. The State of California requires certain construction projects to divert the current required percentage of project generated construction materials from disposal in landfills. This section of Title 17 of the City of Montebello Municipal Code will implement the state requirements at the local level.

C.

Thresholds for Covered Projects. The following thresholds must be used to determine if a project is a covered project:

1.

Private project where all construction, demolition, and renovation are projected to be one thousand square feet or greater, and all demolition-only projects shall be considered covered projects.

2.

All city-sponsored construction, demolition and renovation projects that are projected to be one thousand square feet or greater shall be subject to this chapter, and consequently, shall be considered covered projects.

D.

Diversion Requirements (Goals). The diversion goal for asphalt and concrete demolition debris will conform to state requirements. Clean inert waste used in engineered fills may not be counted as disposal or diversion (CalRecycle's CDI regulations [PRC Section 41821.3(h)]).

E.

Waste Management Plan (WMP).

1.

Application Submittal. Applicant(s) for construction or demolition permits involving a covered project is required to complete and submit a waste management plan (WMP), on a form approved by the City of Montebello for this purpose. The WMP shall be included in the application packet for the construction or demolition permit. The completed WMP shall be reviewed and approved by the compliance official prior to the issuance of a building permit, and shall indicate all of the following:

a.

The estimated volume or weight of the project C&D material, by material type, to be generated (in estimating the volume or weight of materials identified in the WMP, the applicant shall use the conversion rates approved by the city for this purpose);

b.

The maximum volume or weight of the materials that may be feasibly diverted or recycled;

c.

The vendor or facility where the applicant proposes to use, collect or receive that material; and,

d.

The estimated volume or weight of C&D materials that will be disposed of in Class III landfills and inert disposal facilities.

Performance Security Deposit. As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall submit a performance security deposit to the building and safety division along with the submittal of the WMP:

a.

For construction and demolition projects, the amount of the performance security shall be calculated as the lesser of three percent of total project cost or thirty thousand dollars.

b.

For demolition-only projects, the amount of the performance security required shall be calculated at the rate of one dollar per square-foot with a one thousand-dollar minimum and thirty thousand-dollar maximum.

c.

The City of Montebello intends to use the deposit for the payment of diversion deposit refunds, as well as administrative costs associated with the C&D diversion program and/or program costs associated with the C&D diversion program, including infrastructure improvements to facilitate C&D waste diversion.

3.

Compliance with WMP. Within thirty days after the completion of the demolition phase of any covered project, the applicant shall submit to the WMP compliance official, documentation that the diversion requirement for the project has been met. The applicant shall provide a summary of efforts used to meet the diversion requirement and also provide the following documentation:

a.

Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material;

b.

Weight slips/count of material salvaged or reused in current project;

c.

A copy of the previously approved WMP for the project adding the actual volume or weight of each material type diverted and disposed of in landfills;

d.

Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this section;

e.

The WMP compliance Official shall review the information submitted under subsections a. through d. of this section to determine whether the applicant has complied with the diversion requirement as follows:

i.

If the WMP compliance Official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the full performance security to be released to the applicant.

ii.

If the WMP compliance official determines that the diversion requirement has not been met, he or she shall return only that portion of the performance security equivalent to the portion of C&D material actually diverted compared to the portion that should have been diverted according to the WMP. Any portion of the performance security not released to the applicant shall be forfeited to the city, and shall be used to recover any city costs associated with sorting of mixed C&D loads, and its transfer. If the WMP compliance official determines that the applicant has fully failed to comply with the diversion requirement or if the applicant fails to submit the documentation required by subsections 1. through 4. of this section within the required time period, then the entire performance security shall be forfeited to the city. All forfeited performance securities shall be used to recover city costs associated with sorting of mixed C&D loads, and its transfer. The city may, by formal resolution, modify the amount of the required deposit.

F.

Weighing of Wastes. Applicants shall ensure that all C&D material diverted or disposed of in landfills are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D material shall be weighted by measurement on scales. Such scales shall be in compliance with all state and county regulatory requirements for accuracy and maintenance. For C&D material for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements by weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.

G.

Diversion Requirement Exceptions. If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for a diversion requirement exemption at the time that he or she submits the waste management plan required under subsection E:

1.

Exemptions may be granted based on the following factors:

a.

Lack of storage space on-site;

b.

Contamination by hazardous substances; or,

c.

Low recyclability of specific materials.

2.

Types of projects where exemptions may be granted are listed below:

a.

Emergency situations to protect the public health and safety (for example, debris removal after disasters such as floods, fires, earthquakes, etc.);

b.

Seismic tie-down projects;

c.

Pools and spas;

d.

Non-structural;

e.

Work for which a building or demolition permit is not required;

f.

New construction projects below a certain dollar amount or below a certain number of units;

g.

New nonresidential construction projects below a certain dollar or square footage amount;

h.

Residential or nonresidential remodeling or renovation projects below a certain dollar or square footage amount;

i.

Roofing projects that do not include removal of an existing roof;

j.

Work for which only a plumbing, only an electrical, or only a mechanical permit is required; or,

k.

Projects where no foundation or other structural building modifications are required.

3.

The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

4.

If the WMP compliance official determines that it is infeasible for the Applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material

and shall indicate this rate on the WMP submitted by the Applicant.

5.

Upon a denial by the WMP compliance official, the applicant shall have thirty days to resubmit a WMP form in full compliance with subsection E. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with subsection E, the WMP compliance official shall deny the WMP.

H.

Appeals. The applicant or any interested person may appeal to the city council from any ruling of the WMP compliance official made pursuant to this chapter in accordance with section. Notice of any appeal from the ruling of the WMP compliance official must be filed within ten days of the date that such ruling is made. The appeals procedures must conform to those requirements outlined in Chapter 17.78.

I.

Penalties and Enforcement. the city may enforce the provisions of this chapter by any means authorized and set forth under Chapters 1.12 or 17.06 of this Code. Violators may be subject to the fines and/or penalties authorized under Chapters 1.12 or 17.06 of this Code.

(Ord. No. 2352, § 4, 8-14-2013)

Chapter 17.65 - WATER CONSERVATION IN LANDSCAPING REGULATIONS

The purpose of this chapter is to establish standards and procedures for the design, installation, and management of water conserving landscapes in order to utilize available plant, water and land resources to avoid excessive landscape water demands while ensuring high quality landscape design.

(Ord. 2085 § 1 (part), 1993: prior code § 9249)

17.65.020 - Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as defined in this section.

"Application rate" means the rate of irrigation (inches/hour or gallons per minute) at which water is applied by an irrigation system.

"Automatic control valve" means a valve in an irrigation system which is activated by an automatic electric or hydraulic controller.

"Automatic irrigation system" means an irrigation system that can be controlled without manual manipulation and which operates on a pre-set program.

"Contour" means a line drawn on a plan which connects all points of equal elevation above or below a known or assumed reference point.

"Controller" means an automatic timing device with enclosure, which signals automatic valves to open and close on a pre-set program.

"Cycle" means in irrigation, the complete operation of a controller station.

"Designer" means a person qualified to practice landscape architecture and/or irrigation design as defined under the Business and Professional Code of the state of California.

"Director" means the director of planning of the city.

"Grading" means earthwork performed to alter the natural contours of an area to be planted.

"Hydrazone" means a portion of the planting area having plants grouped according to water need.

"Infiltration rate" means the rate (inches per hour) in which water moves through soil under natural conditions.

"Irrigation system" means a complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device.

"Planting area" means the parcel area less building pad(s), driveway(s), patio(s), deck(s), walkway(s) and parking area(s). Planting area includes water bodies (i.e., fountains, ponds, lakes) and natural areas.

"Planting plan" means a plan which identifies location, spacing, numbers, container sizes of all plant materials including common and botanical names.

"Rehabilitated landscape" means any planting area in which fifty percent of existing landscape materials are replaced or modified within any twelve-month period. Examples include a change of plants or ground cover, installation of a new irrigation system, and grading modifications.

"Station" means a position on an automatic irrigation controller which indicates the control point of automatic irrigation valves.

"Turf" means a surface layer of earth containing grass with its roots.

(Ord. 2085 § 1 (part), 1993: prior code § 9249.1)

17.65.030 - Applicability.

A.

These requirements shall be applicable to landscaped areas of two thousand five hundred square feet or more of new and rehabilitated landscaping for industrial, commercial, office and institutional developments; to parks and other public recreational areas; to multifamily (three or more units) residential and PUD common areas; to model home complexes; and to city road medians and corridors.

B.

These requirements shall not be applicable to:

1.

Homeowner provided landscaping at single-family and two-family residential projects;

2.

Cemeteries;

Registered historical sites;

4.

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

5.

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

6.

Any project with a landscaped area less than two thousand five hundred square feet.

C.

Exemptions. The director may authorize exemptions to any of the design and improvement standards in this chapter. Such exemptions may be granted if the director finds that the proposed design or improvement is in substantial compliance with the purpose and intent of this chapter.

(Ord. 2085 § 1 (part), 1993: prior code § 9249.2)

1.

Landscape Plan—Required. Landscape plans shall be prepared in accordance with the standards set forth herein and with any guidelines developed to help implement the provisions of this chapter. Such plans shall be submitted and approved prior to the issuance of building permits to comply with the requirements of this chapter.

2.

Landscape Plan—Application. Prior to the issuance of a building permit a landscape plan application shall be submitted and reviewed in accordance with this chapter. Applications for landscape plan approval shall be filed by the owner of the affected property or his agent, or by a public entity to which the provisions of the chapter apply, on forms furnished by the director.

3.

Landscape Plan—Approval. No landscape plan application shall be approved unless the director finds that the plan compliments the design of the project, is consistent with the provisions of this chapter and applicable landscape guidelines; compatible with adjacent existing or future public landscaped areas, and with the elevations and appearances with existing structures located upon lots within the immediate vicinity of the lot which is the subject of such application.

4.

Landscape Plan—Content. Each landscape plan shall consist of the following elements including, but not limited to the following:

a.

Water Conservation Concept Statement. Each landscape plan shall include a cover sheet referred to as the water conservation concept statement, which serves as a checklist to verify that the elements of the landscape plan have been completed and includes a brief narrative summary of the project. The statement shall include calculations of the project's:

i.

Maximum applied water allowance;

ii.

Estimated applied water use.

b.

Planting Plan. The planting plan shall identify location, spacing, numbers, container sizes of all plant materials including common and botanical names, drawn on project base sheets in a clear and legible fashion in accordance with the administrative guidelines established to implement the provisions of this chapter.

c.

Irrigation Plan. The irrigation plan shall identify components of the irrigation system drawn on project base sheets in a clear and legible fashion in accordance with the guidelines established to implement the provisions of this chapter.

d.

Annual Irrigation Schedule. The annual irrigation schedule shall be prepared, with a minimum four-season water schedule, for both the plant establishment period and established landscape. The irrigation schedule shall include run time and frequency of irrigation for each station.

e.

Soils Test. The landscape plan shall include a report of soils test which includes information on soil infiltration rate, soil texture, and agricultural suitability. A soils test shall be required if substantial amounts of soil are imported to the property.

(Ord. 2085 § 1 (part), 1993: prior code § 9249.3)

A.

Water Features. Decorative water features such as ponds, and waterfalls used in landscaped areas shall incorporate the recycling of water to minimize water loss. Where available, and appropriate, the use of reclaimed water shall be designed and incorporated into the water features.

B.

Water Meters. Each landscape irrigation system shall be metered for water use, separately from domestic and other non-landscape uses.

C.

Landscape Irrigation Audit. Each landscape irrigation system that services a landscape area of two thousand five hundred square feet or more shall be audited every five years by the property owner for conformance with the approved plan, in accordance with the state of California Landscape Water Management Program, Landscape Irrigation Auditor Handbook, incorporated by reference. Landscaped area of less than two thousand five hundred square feet shall be exempt from the requirement to conduct an irrigation audit.

D.

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

E.

Model Home Landscaping. For each subdivision with model homes the developer shall submit a landscape plan and install landscaping for each model home, incorporating the requirements of this chapter and including:

1.

Signs identifying elements of the water conserving landscape and irrigation system design placed around the model homes;

2.

Literature describing water conserving landscapes to be available to individuals touring the model homes;

3.

The location, text, and size of signs shall be clearly shown on the landscape plan and shall be in substantial accordance with the guidelines established to implement the provisions of this chapter.

F.

Landscape Certificate. Upon completion of the installation of the landscaping, the designer shall certify that the landscape complies with all requirements of this chapter. Certification shall be accomplished by completion of a landscape certificate on a form approved by the director. Failure to submit a complete and accurate landscape certificate will delay final approval of the project and/or discontinue water service.

G.

Relative Water Requirements of Commonly Used Plants. The director shall develop a list of plants that are commonly used in landscape designs with water requirement classifications of low, medium, and high to assist landscape designers to choose species of appropriate water demands to comply with this chapter and to group species of similar water demands to facilitate efficient irrigation. This list shall be included in the landscape guidelines developed to implement the provisions of this chapter.

(Ord. 2085 § 1 (part), 1993: prior code § 9249.4)