§ 99.11

This division shall be known as the “Needles Water Efficient Landscape Ordinance,” and may be so cited.

99.11.02 Purpose

The State Legislature has found:

1. That the waters of the state are of limited supply and are subject to ever increasing demands;

2. That the continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;

3. That it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

4. That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

5. That landscape design, installation, maintenance and management can and should be water efficient; and

6. That section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.

1. Consistent with the Department of Water Resources’ State Model Water Efficient Landscape Ordinance, this Ordinance shall apply to all of the following landscape projects:

   1. New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review;

   2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building permit, plan check, or design review;

   3. Existing landscapes shall be limited to Section 99.11.08;

   4. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to sections 99.11.06(a)(1)(B); 99.11.07(B) and (C), and existing cemeteries are limited to Section 99.11.08.

2. Any new project shall utilize the requirements of the Water Efficient Landscape Ordinance.

   1. Projects with an aggregate landscape area less than 2,500 square feet may comply with the requirements of either the streamlined landscape method or the water budget landscape method.

   2. Projects with an aggregate landscape area in excess of 2,500 square feet shall comply with the water budget landscape method.

   3. All projects are required to comply with Section 99.11.07.

3. For projects using treated or untreated gray water or rainwater captured on site, any lot or parcel within the project that has less than 2500 sq. ft. of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated gray water or through stored rainwater captured on site is subject only to section 99.11.05(a)(4).

4. This ordinance does not apply to:

   1. Registered local, state or federal historical sites;

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

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

   4. Existing plant collections, as part of botanical gardens and arboretum open to the public.

The terms used in this ordinance have the meaning set forth below:

“Applied water” means the portion of water supplied by the irrigation system to the landscape.

“Automatic irrigation controller” means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

“Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

“Certificate of Completion” means the document required under section 99.11.030.080.

• “Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program.

• “Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program.

• “Check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

• “Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per California Civil Code section 1351.

• “Compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

• “Conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year.

• “Distribution uniformity” means the measure of the uniformity of irrigation water over a defined area.

• “Drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

• “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

• “Effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth.

“Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

“Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. “Establishment period of the plants” means the first year after installing the plant in the landscape or the first two years of irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. “Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in section 99.11.030.050. “ET adjustment factor” (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plants factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. “Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. “Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. “Flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter. “Friable” means soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. “Fuel Modification Plan Guideline” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. “Graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwater. See California Health and Safety Code section 17922.12. “Hardscapes” means any durable material (pervious and non-pervious). “Hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. “Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). “Invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. “Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “Watersense” labeled auditing program. “Irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiencies for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. “Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

ractices. The irrigation efficiencies for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. “Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

• “Irrigation water use analysis” means a review of water use data based on meter readings and billing data.

“Landscape architect” means a person who holds a license to practice landscape architecture in the California Business and Professions Code, section 5615.

“Landscape area” (LA) means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

“Landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

“Landscape Documentation Package” means the documents required under section 99.11.030.040. “Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this ordinance, meeting requirements under section 99.11.010.030. “Landscape water meter” means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. “Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. “Local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service. “Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. “Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet. “Master shut-off valve” is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. “Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in section 14.127.030.040. It is based upon the area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0 MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)]. “Median” is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses. “Microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. “Mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. “Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. “New construction” means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. “Non-residential landscape” means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas. “Operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. “Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors). “Overspray” means the irrigation water which is delivered beyond the target area. “Permit” means an authorizing document issued by local agencies for new construction or rehabilitation landscapes. “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil. “Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 00.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication “Water Use Classification of Landscape Species.” Plant factors may also be obtained from horticultural researches from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). “Project applicant” means the individual or entity submitting a Landscape Documentation Package required under section 99.11.030.040 to request a permit, plan check, or design review from the City of Needles. A project applicant may be the property owner or his or her designee. “Rain sensor” or “rain sensing shutoff device” means as component which automatically suspends an irrigation event when it rains. “Record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. “Recreational area” means areas, excluding private single family residential areas designated for active play, recreation or public assembly, in parks, sports fields, picnic grounds, amphitheaters and or golf course tees, fairways, roughs, surrounds and greens. “Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled wastewater of quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. “Reference evapotranspiration” or “ETo” m

sports fields, picnic grounds, amphitheaters and or golf course tees, fairways, roughs, surrounds and greens. “Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled wastewater of quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. “Reference evapotranspiration” or “ETo” m

sports fields, picnic grounds, amphitheaters and or golf course tees, fairways, roughs, surrounds and greens. “Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled wastewater of quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Table 99.11.030.01, and is an estimate of the evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated. “Rehabilitated landscape” means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of section 99.11.010.030, and the modified landscaped area is equal to or greater than 2,500 square feet. “Residential landscape” means landscape surrounding single or multifamily homes. “Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. “Soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. “Soil texture” means the classification of soil based on its percentage of sand, silt, and clay. “Special Landscape Area” (SLA) means an area of the landscape dedicated solely to edible plants, recreation areas, areas irrigated with recycled water, or water features using recycled water. “Sprinkler head” means a device which delivers water through a nozzle. “Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing. “Station” means an area served by one valve or by a set of valves that operation simultaneously. “Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. “Submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter. “Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysiagrass, and Buffalo grass are warm-season grasses.

ering device to measure water applied to the landscape that is installed after the primary utility water meter. “Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysiagrass, and Buffalo grass are warm-season grasses.

“Valve” means a device used to control the flow of water in the irrigation system.

“Water conserving plant species” means a plant species identified as having a very low or low plant factor.

“Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high-water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

“Watering window” means the time of day irrigation is allowed.

“WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.

99.11.05 Project Requirements - Streamlined Landscaped Method

Project area must be less than 2500 square feet to qualify . Requirements will be minimal and less costly then utilization of the “Water Budget Method”, as described in Section 99.11.06 Requirements of the Streamlined Landscape Method include utilization of plants included in the “Needles Approved Water Efficient Plant list”, Exhibit “A”, as well as plants identified in the reference book “Landscape Plants for the Arizona Desert – Guide to Growing More than 200 Low-Water-Use Plants”, as well as the reference guide “Low Water-Use Plants for California and the Southwest” by Carol Shuler; installation of turf is prohibited. These projects are exempt from the requirement of having a State of California professional authorized to design a landscape or an irrigation system sign-off; as well as lower permit fees.

1. New Construction or Rehabilitated Landscapes.

   1. Landscape Documentation Package for the streamlined process to include:

      1. Project information, including date, project applicant, project address, total square footage of landscape area, project type (new, rehabilitated, public, private, cemetery, homeowner-installe statement “I agree to comply with the requirements of the Streamlined Water Efficient Landscape Project requirements.”

   2. Landscape Design Plan.

      1. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

         1. Plant Material.

            1. Any plant from the Needles Approved Water Efficient Plant list turf is not allowed.

2. Fire-prone areas – landscape design plan shall address fire-safety and prevention. A defensible space or zone around a building or structure is required per California Publi

   3. Soil Preparation, Mulch and Amendments. Installation of compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches i tilling.

   4. Irrigation Design Plan. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. An irrigation d 1. System.

      1. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irriga

      2. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.

      3. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve_ shall be installed as close as possible to the point of connection of the water supply. 4. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, ASABE/ICC 802-2014 “Landscape Irrigation Sprinkl quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

3. Certificate of Completion. At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, sample attached, certificate of installation signed by b

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99.11.06 Project Requirements - Water Budget Landscape Method

Projects will follow guidelines of the Governor’s Executive Order EO B-29-15, requiring project plans to be designed/approved by a person authorized by the State of California to design a landscape or an irrigation system. These projects require the calculation for the Maximum Applied Water Allowance (MAWA); the development of a hydrozone table to calculate the Estimated Total Water Use (ETWU) does not exceed the Maximum Applied Water Allowance (MAWA). It requires more attention to the design of the irrigation system assuming a wider range of plant factors will be part of each hydrozone. New Construction or Rehabilitated Landscapes.

Landscape Documentation Package for the water budget landscape method to include:

1. Project information, including date, project applicant, project address, total square footage of landscape area, project type (new, rehabilitated, public, private, cemetery, homeowner-installed), water supply type (potable, recycled, well); project contacts (project applicant and property owner, if applicable).

2. Water Efficient Landscape Worksheet with water budget calculations.

3. A project applicant shall complete the Water Efficient Landscape Worksheet in Figure 99.11.05(b), which contains information on the plant factor (pf), irrigation method, irrigation efficiency and area associated with each hydrozone.

Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for nonresidential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected.

The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo value of 92.1, found in the Reference Evapotranspiration Table 99.11.04(b)-1. ( Tables 99.11.06(b)(1) & 99.11.06(b)(2) )

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2. Water budget calculations shall adhere to the following requirements:

   1. The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

   2. All water features shall be included in the high-water use hydrozone, and temporarily irrigated areas shall be included in the low water use hydrozone.

   3. All Special Landscape Areas shall be identified, and the water use calculated as shown in Figure 99.11.06(b)(2).

   4. ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

Landscape Design Plan.

1. The landscape design plan, at a minimum, shall:

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

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

   3. Identify recreational areas (for uses other than single family residential, if any);

   4. Identify areas permanently and solely dedicated to edible plants (if any);

   5. Identify areas irrigated with recycled water (if any);

   6. Identify type of mulch and application depth;

   7. Identify soil amendments, type, and quantity;

   8. Identify type and surface area of water features (if any);

   9. Identify hardscapes (pervious and non-pervious, if any);

2. Bear the signatures of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6,6701, 7027.5 of the California Business and Professions Code, section 832.27 of Title16 of the California Code of Regulations, and section 6721 of the California Food and Agriculture Code.)

3. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

   1. Plant Material.

      1. Any plant may be selected for the landscape providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance and the selection complies with any other adopted landscaping requirements.

      2. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in section 99.11.06(a)(1)(C)(ii)(1)(d). 3. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:

         1. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

         2. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; and

         3. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

      3. Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent).

      4. High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

      5. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per California Public Resources Code section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines.

      6. The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.

      7. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

   2. Water Features.

      1. Recirculating water systems shall be used for water features.

4. Where available, recycled water shall be used as a source for decorative water features.

   3. Surface area of a water feature shall be included in the high-water use hydrozone area of the water budget calculation.

   4. Pool and spa covers are highly recommended.

   5. Soil Preparation, Mulch and Amendments.

      1. Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement. 2. Soil amendments shall be incorporated according to recommendations of any soil report prepared and what is appropriate for the plants selected.

      2. For landscape installations, compost at a rate of minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater that 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.

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

      4. Stabilizing mulching products shall be used on slopes that meet current engineering standards.

      5. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

   6. Irrigation Design Plan.

      1. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations.

         1. The irrigation design plan, at a minimum, shall contain:

            1. Location and size of separate water meters for landscape;

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

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

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

   8. Recycled water irrigation systems as specified in section 99.11.07(d); and

   9. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the California Business and Professions Code, section 832.27 of Title 16 of the California Code of Regulations, and section 6721 of the California Food and Agricultural Code.)

5. System.

6. Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at which California Water Code section 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either:

   1. a customer service meter dedicated to landscape use provided by the local water purveyor; or

   2. a privately owned meter or submeter.

   3. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.

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

   5. Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger.

   6. Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

   7. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, hardscapes, roadways, or structures.

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

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

   10. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in section 99.11.06(A)(1)(b) regarding the Maximum Applied Water Allowance.

   11. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

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

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

7. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations. 14. Head-to-head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.

8. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass. 16. Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

9. Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. 18. Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

  1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or 

  2. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or 

3. The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in section 99.11.030.070(A)(1)(f). Prevention of overspray and runoff must be confirmed during the irrigation audit.

4. Slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

5. Hydrozone.

   1. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. 2. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

   2. Where feasible, trees shall be placed on separate valve from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

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

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

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

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

6. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use the valve number in the Hydrozone Information Table (see Figure 99.11.06(b) (2). This table can also assist with the irrigation audit and programming the controller.

7. Certificate of Completion.

   1. The Certificate of Completion (see Figure 99.11.030-2 for a sample certificate) shall include the following six (6) elements: 1. Project information sheet that contains:

8. Date:

   2. Project name;

   3. Project applicant name, telephone, and mailing address;

   4. Project address and location, and

   5. Property owner name, telephone, and mailing address.

   6. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package; 1. Where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification;

      2. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

   7. Irrigation scheduling parameters used to set the controller (see section 99.11.030.090);

   8. Landscape and irrigation maintenance schedule (see section 99.11.030.100); and

   9. Irrigation audit report (see section 99.11.030.110).

9. The project applicant shall:

   1. Submit the signed Certificate of Completion to the City Manger or his/her designee for review;

   2. Ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor if other than the City of Needles and property owner or his or her designee.

10. The City Manager or his/her designee shall:

    1. Receive the signed Certificate of Completion from the project applicant;

    2. Approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the City Manager or his/her designee shall provide information to the project applicant regarding reapplication, appeal, or other assistance. (PENDING Figure 99.11.030-2 & Water Budget Method)

99.11.07 Other Project Requirements

1. Irrigation Scheduling. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

   1. Irrigation scheduling shall be regulated by automatic irrigation controllers.

   2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m., unless weather conditions prevent it. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

2. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

   4. Parameters used to set the automatic controller shall be developed and submitted for each of the following:

      1. The plant establishment period;

3. The established landscape; and

4. Temporarily irrigated areas.

5. Each irrigation schedule shall consider for each station all of the following that apply:

   1. Irrigation interval (days between irrigation);

   2. Irrigation run times (hours or minutes per irrigation event to avoid runoff);

   3. Number of cycle starts required for each irrigation event to avoid runoff;

   4. Amount of applied water scheduled to be applied on a monthly basis;

   5. Application rate setting;

   6. Root depth setting;

   7. Plant type setting;

   8. Soil type;

   9. Slope factor setting;

   10. Shade factor setting; and

   11. Irrigation uniformity or efficiency setting.

6. Landscape and Irrigation Maintenance Schedule.

   1. Landscape shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.

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

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

   4. A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.

7. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

8. All landscape irrigation audits shall be conducted by a third-party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. 2. In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement. 3. For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in section 99.11.03:

conducted by the person who designed the landscape or installed the landscape. 2. In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement. 3. For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in section 99.11.03:

1. The project applicant shall submit an irrigation audit report with the Certificate of Completion to the local agency that may include, but is not limited to: inspection, system tuneup, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;

2. The City of Needles shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance.

3. Irrigation Efficiency. For the purpose of determining Estimate Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. 5. Recycled Water. 1. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water. 2. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. 3. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

4. Graywater Systems. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) an any standards adopted by the City of Needles. Refer to section 99.11.03 for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater.

5. Stormwater Management and Rainwater Retention. 1. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

6. Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater technical requirements. 3. All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to section 99.11.06(A)(2)(c)(2)(c). 4. It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either: the one inch, 24-hour rain event or (2) the 85 percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.

7. It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use: 1. Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

   2. Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

   3. Incorporated pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

   4. Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

   5. Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

8. Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil. 7. Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. 8. Public Education. 1. Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principals of design, installation, management and maintenance that save water is encouraged in the community. The City of Needles shall provide information to owners of permitted renovations and new single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget. 2. Model Homes. All model homes shall be landscaped and use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance. 1. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and other that contribute to the overall water efficient theme. Signage shall include information about the site water use; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

     2. Information shall be provided about designing, installing, managing, maintaining water efficient landscapes 
   

9. Environmental Review. The City of Needles must comply with the California Environmental Quality Act (CEQA), as appropriate.

99.11.08 Provisions For Existing Landscapes

1. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

   1. This section, 99.11.08, shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size. 1. For all landscapes in 99.11.08(a)(1) that have a water meter, the City of Needles shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62).

   2. For all landscape in 99.11.08(a)(1) that do not have a meter, the City of Needles shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

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

99.11.09 Effective Precipitation

The City of Needles may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance:

MAWA=(ETo-Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas, MAWA=(ETo-Eppt)(0.62)[(0.45 x LA) + (0.55 x SLA)] for non-residential areas.

99.11.10 Reporting

The City Manager of his/her designee shall report to the California Department of Water Resources by December 31, 2015, and by January 31 of each year thereafter pursuant to the requirements of California Code of Regulations Title 23, Division 2, Chapter 2.7, section 495.

Article X Signage

104.17.1 Legal Provisions 104.17.2 Definitions 104.17.3 Permits

104.17.4 Prohibited Signage 104.17.5 General Provisions 104.17.6 Specific Provisions

HISTORY Amended by Ord. 236-AC on 6/3/1985 Amended by Ord. 287-AC on 6/16/1987 Amended by Ord. 427-AC on 3/4/1996 Amended by Ord. 444-AC on 9/22/1998

Amended by Ord. 461-AC on 1/14/2003 Repealed & Replaced by Ord. 477-AC on 9/27/2005 Amended by Ord. 527-AC on 6/14/2011 Amended by Ord. 536-AC on 3/13/2012 Amended by Ord. 566-AC on 11/12/2014 Amended by Ord. 591-AC on 4/11/2017 Amended by Ord. 633-AC on 2/9/2021 Amended by Ord. 639-AC on 6/22/2021 104.17.1 Legal Provisions

• A. STATEMENT OF INTENT Aesthetically pleasing signage improves the visual appearance of a community for visitors, residents, and persons engaged in commercial activities. The purpose of this Article is to assist in the aesthetic improvement on the City of Needles, enhance business opportunities and improve the impression of the City's quality and character. In addition to improving the appearance of the City's commercial district and other visible areas of the City, the City seeks, with this Article, to promote public safety and reduce hazards to motorists and pedestrians. Within this Article is the City's goal to foster and encourage business in the city and encourage sound and aesthetic sign use practices with the establishment of these non arbitrary and non-discriminatory standards and procedures for the regulation of signs. This Article is intended to allow for signage that will properly and effectively identify businesses, organizations, institutional establishments and enterprises within the city and result in an increase in property values within the city. It is intended that this Article will also provide a means for the elimination of signs that are abandoned or no longer in use, and a requirement for maintenance of existing signs that remain in use. The Article provides for a reasonable, timely and economically feasible transition without undue financial burden on the city or its citizens. B. SCOPE The provisions of this Article shall govern any words, letters, figures, emblems, designs, or other method of display on any material for visual communication which is used to advertise or to promote the interest of any person, business, group or enterprise and includes on-premises and off-premises devices as well as accessory or secondary advertising devices. C. SUBSTITUTION Non-commercial messages may be substituted for commercial messages on any allowable sign. Sign copy of any permitted or exempted sign may be changed without the requirement of any new permits or authorizations provided the manner in which it is presented is not a prohibited manner (i.e. changed from normal painted sign copy to a flashing or running message) or changing from an exempted sign to a non-exempted sign. D. SEVERABILITY Should any provision, section, paragraph, sentence, or word of this Article be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Article shall remain in full force and effect.

• E. CONFLICTING REGULATIONS In the event of any conflict between the requirements of this Article and/or the requirements of other regulations or ordinances, the more restrictive shall apply. F. SPECIFIC OVER GENERAL TERMS General terms shall govern all aspects of this Article except where specific provisions state a contrary intent. In that event, the specific provisions shall govern over the issue discussed in the more specific provision. G. LEGAL NON-CONFORMING SIGNS

f this Article and/or the requirements of other regulations or ordinances, the more restrictive shall apply. F. SPECIFIC OVER GENERAL TERMS General terms shall govern all aspects of this Article except where specific provisions state a contrary intent. In that event, the specific provisions shall govern over the issue discussed in the more specific provision. G. LEGAL NON-CONFORMING SIGNS

1. Expansion. Legal non-conforming signs may not be expanded, moved or structurally altered to extend their useful life.

2. Re-establishment. Legal non-conforming signs may not be re-established after abandonment, removal, or after damage or destruction of more than 50% of their replacement cost. Replacement cost will be determined by the Building Official, based on the cost of replacing the sign with a professionally made sign of a similar type (and without regard to whether such replacement could actually occur). This paragraph is not intended to relieve the owner of a non-conforming sign from properly maintaining a sign in a like new condition.

3. Removal Requirement. Legal non-conforming signs must be removed within thirty (30) days of notice by the city that the sign or signs have suffered damage or been destroyed more than 50% and may not be re-established. Any sign not so removed shall be deemed a public nuisance and shall be subject to the enforcement procedures set forth in 104.17.1 (I) of this chapter

H. APPEALS

1. Authority. Decisions of the Planning Director regarding matters contained in this chapter are final unless appealed to the Planning Commission. Decisions of the Planning Commission are final unless appealed to the City Council. City Council decisions regarding such appeal shall be final unless a judicial appeal is filed in a Court of competent jurisdiction within thirty (30) days from the final decision of the City Council. 2. Appeal process. Request for appeal shall be filed in writing with the City Clerk within ten (10) days of the decision or the applicant loses their right to appeal such decision. All appeals will be heard within thirty (30) days and a decision rendered within fifteen (15) days of the date of the hearing or sooner. The filing of a Notice of Appeal will delay further action on the decision unless found to be a danger to health and safety.

I. ENFORCEMENT

1. General Provision. Any person, firm, corporation or entity found to be in violation of any provisions of this chapter, or found to have caused, assisted in, or permitted any such violation, shall be guilty of an infraction. A separate offense or violation of this chapter shall be deemed to have occurred for each day, or portion thereof, during which any violation of any provision of this chapter is committed, continued or permitted by such person, firm, corporation or entity. 2. Public Nuisance and Abatement. Any sign installed or maintained contrary to the provisions of this chapter is deemed to be a public nuisance. Any sign deemed to be a public nuisance may be abated in accordance with the abatement procedures established in the City of Needles Municipal Code. Any sign found to be a danger to health and safety may be summarily abated without notice.

104.17.2 Definitions

Abandoned Sign - means a sign pertaining to a past event, a sign located on a parcel of land or on a structure, either of which is vacant for a period of ninety (90) days, and a sign pertaining to a past occupant or business different from the present occupant or business on the premises. A-Frame Sign - any portable and/or temporary freestanding sign (not necessarily in the shape of an "A"). Accessory Signs - a sigri which is not intended to identify or advertise a specific business or institution, but instead is intended to advertise or identify a commodity or service offered by a business located on the same property as the sign. Activity - a business establishment under management separate from any other business establishment on the same site. Advertising Statuary - means and is an imitation, representation or similitude of a person or thing which is sculptured, molded, modeled or cast in solid or plastic substance, material or fabric and used for commercial advertising purposes. Alteration - means and is any change of copy, color, size, shape, illumination, position, location, construction or supporting structure. Animated Sign - means and is a sign designed to attract attention through movement or the semblance of movement of the whole or part, including but not limited to, signs which swing, twirl, move back and forth or up and down or signs which change color or shades of color, or any other method or device which suggests movement, but not including flags, banners and time and temperature signs. Banner - any cloth, bunting, plastic, paper, vinyl or similar material attached on all four corners to any structure, pole, or framing for the purpose of advertising or drawing attention to a business, product, institution, or service for special events, or more durable banners may be used as part of regular signage. Billboard - an offsite sign that is erected in the conduct of the outdoor advertising business (i.e., billboards). This includes any signs erected by the property owners for the purpose of renting or leasing space for advertising to any business, entity or product that is located off the premises of the sign. This also includes the lease of real property to any other business, person or entity for the purpose of erecting an Outdoor Advertising Sign (also "outdoor advertising sign"). Building Frontage - the lineal measurement of the actual building foundation, or portion of the building being used for the business (exclusive of patios or accessory structures as defined by the Uniform Building Code) on the side or sides of a building adjacent to a street right-of-way or along the main entrance when the building is not adjacent to a street right-of-way. Business Complex - three (3) or more business entities located on one parcel or on contiguous adjoining parcels, or at least 1.5 acres, which have been deemed by the Planning Commission to be a business complex for purposes of signage. Business Complex Occupant Sign - signs for individual occupants of a business complex. Business Complex Sign - an onsite freestanding or monument sign utilized in conjunction with a recognized business complex that advertises for all occupants of said complex.

arcels, or at least 1.5 acres, which have been deemed by the Planning Commission to be a business complex for purposes of signage. Business Complex Occupant Sign - signs for individual occupants of a business complex. Business Complex Sign - an onsite freestanding or monument sign utilized in conjunction with a recognized business complex that advertises for all occupants of said complex.

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Business Directory Sign - means and is a sign placed in the public right-of-way by the City and owned by the City and built to City specifications. Such signs are placed at road intersections approved by the Planning Commission to point the direction to businesses that have applied for and received an approved permit for placement on a City owned sign structure. Clear Sight Triangle - triangularshaped portion of land, as shown below, established at a street intersection or driveway in which no signs are placed in a manner that could limit or obstruct the sight distance of motorists entering or leaving the intersection or driveway.

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Commercial Sign - any device, display, fixture, structure, or object used to identify, advertise, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by means of pictures, words, figures, designs, symbols, fixtures, colors, illumination, or projected images for the purpose of obtaining financial remuneration. Double-Faced Sign - a sign which is a single structure designed with the intent that each side be viewed from opposite directions. Fence Sign - a sign which is affixed to a fence. Freestanding Sign - a sign, other than a monument sign, not attached to any building and supported by nothing other than its own construction. Illegal Non-Conforming Sign - a sign that was erected without complying with the requirements of the local sign ordinance at the time it was erected or failed to comply with permit renewal requirements after the sign was erected. Legal Non-Conforming Sign - a sign that conformed to all applicable regulations/ permit requirements when established at its present location and continued to renew any necessary permits required under the regulations existing when the sign was established, but does not conform to the regulations/ permit requirements of this chapter. Monument Sign - a single or double-faced sign that is designed and constructed as part of, and placed onto, a monument base.

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Multi-Faced Sign - a sign which is a single structure designed with the intent that each side be viewed from different directions. Non-Commercial Sign - any device, display, fixture, structure, or object used to identify, display, direct or attract attention to an object, person, organization, idea, event, or location by means of pictures, words, figures, designs, symbols, fixtures, colors, illumination, or projected images for the purpose of imparting or sharing an idea or opinion. Offsite Sign - a sign that is used to identify or advertise a business, institution, service, product, event or activity located on a parcel other than that upon which the sign is located. Outdoor Advertising Sign - an offsite sign that is erected in the conduct of the outdoor advertising business (i.e. billboards). This includes any signs erected by the property owner(s) or others with permission of the owner(s) for the purpose of renting or leasing space for advertising any business, entity or product that is located off the premises where the sign is located. This also includes the lease of real property to any other business, person or entity for the purpose of erecting an outdoor advertising sign (also see "billboard"). Painted Wall Sign - a sign that is painted onto a building surface for the purpose of advertising any business, service, entity or product that is offered within the same building. An artistic mural that does not and is not intended to advertise, identify or promote a business, product or service is not a painted wall sign. Pedestrian Walkway Sign - a sign hung from or on a canopy, awning or like structure in such a manner as to hang over or adjacent to a pedestrian walkway and oriented so as to direct a message to pedestrian traffic.

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Pennant / Streamer - any series of cloth, bunting, plastic, paper, or vinyl flags or balloons or similar material attached to a line or rope and displayed for the purpose of advertising or drawing attention to a business product, institution, or service. Any similar advertising device that does not fit this definition may be interpreted as a banner. Primary Sign - a sign intended to identify or advertise a specific business or institution located on the same property as the sign, rather than one or more products or services offered. Primary Wall Sign - a wall sign intended to identify or advertise a specific business or institution located on the same property as the wall sign. Projecting Sign - single or double-faced signs attached to a building which extends in a perpendicular plane from the wall to which they are attached.

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Real Estate Development - a real estate development includes any new commercial, business park or residential development consisting of at least fifteen new units that is offering said units for sale. Roof Line - a "roof line" is the highest point of a roof on any building. In cases where different portions of a building or structure have varying roof heights, each section has different roof lines. Architectural projections above the roof are not considered part of a "roof line". Roof Sign - a sign affixed to the roof of a building or structure.

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Sign - any device, display, fixture, structure, or object used to identify, advertise, display, direct or attract attention to an object, person, institution, organization, business, product, idea, service, event, or location by means of pictures, words, figures, designs, symbols, fixtures, colors, illumination, or projected images. Artistic murals that do not include a commercial message on the same wall or an adjoining wall, are not considered signs. Sign Area - the area of the smallest rectangle enclosing all advertising or ornamental elements of a sign. The sign base or supports are not included in calculating sign area unless they form an integral part of the design of the sign. The base of a monument sign is not considered in calculating the sign area.

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Sign Height - in the case of a freestanding or monument sign, sign height shall be the distance from the base of the sign at the grade of the center of the street (or freeway if approved as a freeway-oriented business pursuant to Section 104.17.5 (E)(1)(b) nearest to the location of the sign to the top of the highest component of the sign. For all other signs, sign height shall be the distance from the lowest point of the Sign to the highest point of the sign, or any component thereof.

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Special Event Sign - a banner, pennants, commercial flag, streamers, balloons, A frame sign or other similar allowable object, placed for a period of time and for a purpose as permitted under this Article. Temporary Sign - a sign placed for a period of time not to exceed seventy two (72) hours in any zone and not more than four times in any calendar year. Wall Sign - a sign affixed to an exterior wall of a building .

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Window Sign - a sign painted onto, affixed to, or placed in or in front of a window so as to convey a message to persons outside the building.

104.17.3 Permits

A. Permit Requirement. The purpose of a sign permit is to insure compliance with the provisions of this Article. Unless specifically excluded by the Article, a sign permit is required to erect, construct or otherwise place any sign conveying a message for a commercial, industrial, private or institutional use, service or product. Any sign to be altered or relocated requires a new sign permit and, where the Building Official deems it appropriate, a building permit. A sign permit shall not be issued for any sign or sign structure that is not in compliance with this Article. A sign permit shall not be issued to any applicant whose other signs are in violation of this Article. A sign permit application shall include:

1. The names, addresses and telephone numbers of the applicant and property owner. 2. The address and accurate description or drawing of the precise location of the proposed sign and any existing sign structures or other conditions located on the premises. 3. A drawing or photograph of the sign with the intended measurements and height. 4. A visual description of the colors to be used. 5. The Planning Director may request additional drawings, diagrams, calculations or specifications if the original documents submitted are insufficient to clearly understand the request, or the sign is of a size and height that engineering specifications are needed to determine building and safety issues.

B. Sign Permit Method of Review. Following submittal of the completed sign permit application, the Planning Director, or his/her authorized representative, shall render a decision to approve, conditionally approve, or deny the permit based upon conformance with this Article, or shall place the matter on the Planning Commission agenda if required. C. Expiration. A sign permit shall become void if the work authorized under the properly-approved sign permit has not been completed within six (6) months after the date of its issuance. If, after six (6) months from the date of issuance of a sign permit, any portion of the sign has been erected and the construction work thereon is not completed, the Planning Director shall cause the removal of such partially completed sign. D. Permit Fees. Sign permit applications shall be accompanied by a one time permit fee as set by the City Council by resolution from time to time. Fees shall be waived for temporary signs and signs permitted for non-profit charitable institutions or associations. E. Payment of City Expenses. To obtain a permit for any sign established without proper permits for a sign that meets the requirements of this Article, the business owner or the person responsible for such permit shall pay any and all costs expended by the City to enforce this or any prior section as well as any permit fees that are due.. F. Exempt Signs. A sign permit is not required for the following signs:

Expenses.** To obtain a permit for any sign established without proper permits for a sign that meets the requirements of this Article, the business owner or the person responsible for such permit shall pay any and all costs expended by the City to enforce this or any prior section as well as any permit fees that are due.. F. Exempt Signs. A sign permit is not required for the following signs:

1. Three flags per parcel not larger than fifteen (15) square feet nor taller than twenty (20) feet. 2. Traffic or highway sign or similar warning devices. 3. Legal notices of the minimum size allowed. 4. Utility company signs identifying conduits, cables, danger or other similar notices. 5. One sign per parcel in any zone not larger than six (6) square feet and no taller than four feet (4'). 6. Memorial tablets or historic markers. 7. Since window signage is usually changed often, no permit is needed for window signage. 8. One City owned sign at each main entrance to the City placed in the City right of-way or other public property upon which the City shall allow insignia or service club logos for non-profit organizations that operate within the City for community and/or charitable purposes. 9. One on-site sign, not to exceed six feet in height, erected by a building contractor, subcontractor, architect or engineer while actually engaged in construction of a building. In commercial or industrial zones, up to thirty-two (32) square feet in area may be displayed. In a residential zone, up to sixteen (16) square feet may be displayed. Such signs shall be removed immediately after the completion of the project. 10. On-site non-commercial informational or directional signs, including "No Trespassing" and "No Dumping" signs, up to four square feet in area and less than four feet in height. Two such signs may be displayed on parcels under one acre, four on parcels having 3 acres or more, eight on parcels having an acreage of more than 15 acres. 11. Up to four (4) temporary signs not over four (4) square feet in size may be placed without a permit up to four (4) times per year for any address. Temporary signs may be placed for a maximum of seventy-two (72) hours on private property.

104.17.4 Prohibited Signage

The following signs are prohibited and may be deemed a public nuisance and are subject to the enforcement procedures set forth in Section 104.17.1(I):

A. Portable signs. Except for A-frame signs and signs placed with a special event signage permit, movable or portable signs, including, but not limited to signs attached to or painted onto trailers or vehicles or parts thereof for the purpose of advertising a product, institution or business; except, however, permanent identification and/or magnetic signs on vehicles used for making delivery or sales of merchandise or rendering service of the advertised business or product.

B. Signs that make noise. Signs that make sounds (excluding signs with speakers for communication with customers at businesses offering a drive-through service).

• C. Signs that move, gyrate, flash or rotate. Except for permitted flags or signs placed for a special event that move with the wind, no signs are permitted that move, gyrate, flash, or rotate.

• D. Signs with obscene content. Signs that show any statement or symbol of an obscene or unlawful nature or depict specified sexual activities or specified anatomical parts.

• E. Signs with neon lighting on support structures. Signs, whether commercial or noncommercial in nature, that have neon lighting on their support structures. F. Placed on prohibited locations. Commercial or noncommercial signs placed, mounted or erected in the public right-of-way or on trees, utility poles, traffic signs or other public property without permission of the public entity.

• G. Signs placed without permission. Whether commercial or noncommercial in nature, placed without permission of the property owner or tenant.

• H. Unsafe signs. Any unsafe sign as described in Section 104.17.5 (G). I. Non-current signs. Signs that display commercial messages for a business that has ceased operations for ninety (90) days or more. J. Abandoned signs. Signs, excluding on-premise signs, which do not conform to the provisions of this Article which have not been used for 180 days or more and which were placed for a business which has been discontinued 180 days or more.

• K. Intensely lighted signs. Any illuminated sign of such an intensity or arranged in a manner that creates glare for adjacent properties or vehicular traffic is prohibited.

• L. Signs interfering with access. Any sign which, because of its location, would prevent free ingress or egress from any door, window, fire escape, driveway, sidewalk or bike path, or obstruct an outward view from the living area of any building is prohibited. M. Signs on public property. Placards, posters, announcements and similar signs attached to any fence, pole, tree or any other object on publicly-owned land or right of-way except those of an official nature authorized by a city ordinance are prohibited.

• N. All onsite signage or advertisements for a "Retail Cannabis Business" as defined in Section 12A- 2(UU} of the City of Needles Municipal Code other than onsite signage or advertisements expressly permitted by state law, including but not limited to signage permitted under 16 CCR§ 5040 (b}(l}, which states in part:

  • "(b) In addition to the requirements for advertising and marketing in subsection (a) of this section, all outdoor signs, including billboards, shall:

    • {1} Be affixed to a building or permanent structure."

104.17.5 General Provisions

• A. Maintenance: Every sign and sign structure allowed by this section shall be continuously maintained. This shall include, but is not limited to, painting, cleaning, replacement of lighting (for

• illuminated signs) or missing letters, keeping structural elements and bracing in a safe condition, and internal structural elements screened from view. Signs shall have the face(s) intact (without holes or other exterior damage).

1. Every sign and/or sign structure advertising a use no longer being conducted on the property for a continuous period of 90 days or more shall be removed, replaced with an opaque panel or painted over in a solid color.

   • a. Failure to Maintain Sign: Failure to maintain a sign pursuant to Section 104.17.S(A) shall result in a Notice of Violation by the City. Failure to correct the violation(s) shall result in an Administrative Citation pursuant to Chapter 2A, and abatement and/or removal of the sign pursuant to Section 104.17.1(1)(2).

• B. Professional Appearance. Signs shall have the appearance of being professionally prepared and shall be maintained in a like new condition at all times.

• C. Lighting. Except for time and temperature components, signs may only be lit by stationary shielded light, by light inside the sign, or by direct neon lighting. The glare from such luminous sources shall not impair the vision or otherwise interfere with any driver of a motor vehicle or shine onto adjoining properties.

• D. Maximum Sign Area. Except as otherwise stated herein under specific provisions, the maximum sign area shall be as follows:

  1. Generally: Unless additional square footage is allotted for river frontage businesses or rear entrance signs, the total amount of signage for all signs located at any business location shall not exceed two (2) square feet per linear foot of frontage. 2. Single Signs: The maximum area of any single sign shall not exceed 200 square feet, except a maximum of 250 square feet may be granted by the Planning Commission only after the following specific findings are made individually:

  - a. Based upon evidence shown through photo-simulations or similar evidence, the Planning Commission finds that a larger sign is necessary to impart a message in a reasonable manner, and b. The larger sign is found to be in scale and proportion to the building to which it is associated, and c. The larger sign will not create an unfair advantage to one business over another, and d. The larger sign will be consistent with the size of signs in the immediate surrounding area, and e. The larger sign will be presented in a manner that will enhance, rather than defeat, the purpose of this ordinance. 
  

  3. Maximum Sign Area for Permanently Mounted Accessory Signs. The maximum area shall not exceed sixteen (16) square feet unless the building footprint is at least 20,000 square feet or larger. In that event, no accessory sign may exceed 32 square feet. All such signage shall be counted toward the maximum allowable signage for the business.

4. Maximum Sign Area of Signs with Time and Temperature Displays: Notwithstanding anything contained in this Chapter to the contrary, the maximum sign area allowed for any sign that includes an automatic time and/or temperature display may be increased by up to 20% for the sole purpose of the time and temperature display, provided however that the area of the time and temperature may not be larger than twenty five (25) square feet and the total sign area may not exceed that permitted under Section (C) above. Time and temperature displays may be approved if there is at least 2,000 feet between any such signs.

5. Maximum Area of Changeable Lettering: Changeable lettering may not be used as the main sign to identify a business, however a portion of the main business identification sign, or a separate sign not exceeding 25% of the main sign or 50 square feet, whichever is less, may be permitted for changeable lettering if it is contained within a sleeve to prevent the wind from blowing off the letters. Changeable lettering permitted shall not include ele_ctronic messages that blink, flash, move, run or change more often than once per day. All signs containing changeable letters must be signs that are permanently mounted to a pole or wall or be a permanent monument sign. No movable or temporary signage with changeable lettering is permitted.

6. Allowable Sign Area for Individual Business.

a. An individual business with a combined street frontage of less than forty (40) feet (business not in a business complex) may have a maximum of 80 square feet. b. For businesses with more than forty (40) foot combined street frontage, the combined allowable sign area for all such primary signs and accessory signs shall be two (2) square feet for each lineal foot of combined street frontage. c. In addition to the maximum number and area of primary signs set forth above, an individual business with rear parking and rear entrance shall be permitted to have one additional primary sign to be mounted to the rear wall of the business, located on parcels with a sign area not to exceed 1 square foot for each lineal foot of the rear frontage of the wall to which the sign is mounted. d. Businesses.on parcels with river frontage that have received an approved conditional use permit for their presence in the CRR Zone or are a prior legal non-conforming use shall be allowed additional combined riverfront signage not to exceed 1 square foot of signage to be shared by all businesses located on the same parcel for each lineal foot of river frontage. Signs may list products or services available at the business on that site. The size shall be a minimum of sixteen (16) square feet and a maximum of two hundred (200) square feet. If there is more than one business located on one parcel, all businesses must share the allowable square footage. River complex signs where all businesses located on the parcel share one sign are encouraged.

r frontage. Signs may list products or services available at the business on that site. The size shall be a minimum of sixteen (16) square feet and a maximum of two hundred (200) square feet. If there is more than one business located on one parcel, all businesses must share the allowable square footage. River complex signs where all businesses located on the parcel share one sign are encouraged.

  **7. Excluded in Calculating Sign Area.** All signs located on any parcel of land shall be included in the calculation of total signage area, excepting the following signs, which shall not be included in calculating allowable sign area and quantity: 

     - a. Drive-through service boards. No more than two (2) sign-boards not exceeding thirty (30) square feet for any business location placed adjacent to a drive-through lane and oriented toward customers utilizing the drive through. 

     - b. Parking/other directional signs. Signs in a non-residential zone, with a sign area up to four (4) square feet each, specifically for the purpose of directing motorists to parking/other areas. c. Sports/recreation fields. Signs located on publicly owned sports or recreation fields for the purpose of identifying sponsoring businesses, providing all such signs shall be directed toward the spectators of the sport and not directed toward traffic. d. Interior courtyard signs. Signs on private property not open to the general public that are located inside a building, courtyard or mall that are not visible from a public street or right-of-way or from adjacent properties. e. Street address. Numbers and/or letters on a structure for the purposes of identifying a street address, up to a maximum of four (4) square feet. f. Signs placed during construction. One (1) sign, up to thirty-two (32) square feet in sign area, not exceeding an overall structure height of eight (8) feet, on a parcel for which construction of a commercial, industrial, residential or institutional project is imminent. Such sign shall be allowed for up to 180 days or during such time as a building permit remains active, whichever is longer, and shall be removed prior to occupancy of the project. 

• E. Maximum Height: Except as otherwise allowed in this Article under specific provisions, the maximum height of signage shall be as follows:

  1. Freeway Oriented Business: Entities that meet the criteria as a freeway oriented business:

a. May request a sign up to seventy five feet (85'). b. Must meet at least one of the following requirements:

(i) Have at least one hundred seventy-five (175) linear feet of freeway frontage; or (ii) The parcel must be located on a freeway frontage containing at least three (3) acres; or (iii) The parcel must have principal structures consisting of a collective total of not less than twenty thousand (20,000) square feet in freeway oriented area within five hundred feet (500') of the freeway; or (iv) The applicant can demonstrate that entity is within five hundred feet (500') of the freeway, is dependent upon freeway traffic for business, and that said sign will not create adverse impacts on surrounding land uses.

2. General Businesses:

a. Unless qualified as a freeway oriented business, the maximum height permitted for any sign is thirty-five feet (35') above the grade of the street. b. For any monument sign, the maximum height is eight feet (8') above grade. c. For any river-front sign, the maximum height is forty feet (40') above the high water mark of the river or twenty feet (20') above the top of the bank, whichever is shorter.

3. Offsite Signs: The maximum height of an offsite sign shall be eight (8) feet, unless a more restrictive height standard is specified by this Article. No commercial off-site signs are permitted within a residential area.

F. Setback from Property Lines: No part of any sign, including the footing, shall be located closer than one (1) foot from any property line or public right-of-way.

G. Interference with Vehicle and Pedestrian traffic or Unsafe Signage: No sign shall interfere with a driver's or pedestrian's view of public rights-of-way, walkways and crosswalks or in any other manner impair public safety, interfere with the safe operation of a motor vehicle on public streets, or otherwise interfere with the use of the public right-of-way or be structurally unsound or be built or maintained in a manner that is deemed by the Building Official to be a danger to persons or property. If the planning director or public works director finds any sign to interfere with vehicle or pedestrian traffic, said sign may be prohibited as a possible hazard.

A sign may be prohibited as a possible hazard for any of the following reasons:

1. The sign blocks or obstructs the clear view of any road, street, crosswalk or pedestrian walkway; 2. The sign construction has, in the opinion of the building official, a strong likelihood of being a safety hazard to persons or property due to improper construction or maintenance; 3. The lighting on or directed toward the sign creates glare sufficient to interfere with visibility or the quiet enjoyment of neighboring properties; 4. The sign, or parts thereof, move in such a manner as to distract drivers from operation of a vehicle; 5. The sign or its supports obscure, imitate, or limit the effectiveness of traffic control signs or devices. If any applicant contests the findings of the director or the building official, the Planning Commission may require the applicant to pay the costs in hiring a traffic engineer to offer a report to the Planning Commission at any appeal on whether the sign creates a hazard. If such report is required, the time for a decision on the appeal shall be extended for the period of time it takes to obtain the report plus ten days.

H. Development Signs: Developers having fifteen (15) or more units currently for sale qualify as a business for location of an attachment on any city business directory sign in the same manner as any other business.

104.17.6 Specific Provisions

A. CLEAR SIGHT TRIANGLES:

1. Intersections. The 90 degree angle of the clear sight triangle is measured and located from the point of intersection of the edges of two roadways, measured from the outermost edge of the right-ofway, without regard to whether all or part of the right-of-way is improved. The 45° angles of clear sight triangles at public roadway intersections are formed and measured 30 feet in both directions from the 90 degree angle. 2. For Private Driveways or Alleys. The 90 degree angle of the clear sight triangle is measured and located from the intersection of the edge of a private driveway or alley and the outermost edge of the right-of-way of the intersecting roadway, without regard to whether all or part of the right-of-way is improved. The 45° angles of a clear sight triangle of a private driveway or alley is formed and measured ten (10) feet in both directions from the 90 degree angle.

2. Sign Limitations in Clear Sight Triangles. Freestanding signs, where permitted, may be allowed within a clear sight triangle, provided the sign or its support do not violate any other section contained within this Article. Monument signs are not permitted in clear sight triangles.

B. Monument Signs:

A maximum of one monument sign may be permitted per parcel except in the event that two monument signs can be placed on a parcel with a minimum separation of 300 lineal feet. In such cases, the measurement shall be the lineal distance as measured along the public right-of-way of the parcel. For any monument sign, the maximum height is eight feet (8') above grade.

C. Painted Wall Signs:

1. Requirements: Approval by the Planning Director or Planning Commission after making the following specific findings:

a. The design of the proposed painted wall sign will be compatible with and enhance the aesthetics of surrounding buildings, neighborhoods, other signs, the general surrounding area, and the City such that it will be consistent with the intent and goals of this Chapter, and b. That the proposed signage meets the area, height and other requirements of this Article, and c. The proposed painted wall sign will have the appearance of having been professionally painted and will not create a visual blight.

2. Permit: The applicant shall provide the information required to obtain a sign permit, plus the following:

a. The dimensions of the wall upon which the sign will be painted, and b. The design showing that the wall sign is balanced on the wall, and c. A sample of the colors to show that the design and colors will be compatible with and enhance the aesthetics of surrounding buildings, neighborhoods, other signs, the general surrounding area, and the City such that it will be consistent with the intent and goals of this Chapter. 3. Conditions : Conditions may be placed upon the approval for painted wall signs, including, but not limited to, conditions requiring regular maintenance and that applicant's other signs must all be in compliance with this Article.

D. Business Complex Signs:

1. General. A business complex may have a maximum of one freestanding sign or a maximum of two monument signs as the main sign for each business located in the complex. Construction and placement of more than one monument sign in a business complex is permissible only in the event that the monument signs can be located with a minimum separation of 300 lineal feet. In such cases, the measurement shall be the lineal distance as measured along the public right-of way of the parcel. Each business in the business complex, up to a maximum of ten (10) businesses, may place an attachment to the freestanding sign and/or monument sign for a business complex through coordination with the owner of the business complex property. 2. Complex Occupant Individual Sign. In addition to the above signage allowed in the business complex, each occupant of a business complex may have one (1) primary wall sign uniform to the complex. If the Planning Director determines that a primary wall sign cannot be reasonably placed for business complex occupant identification, a projecting sign or window sign may be substituted, subject to the regulations herein. 3. Complex Occupant Accessory Signs. Each occupant of a business complex may have no more than two (2) accessory signs with a maximum total sign area of sixteen (16) square feet or ten percent (10%) of the area of the wall of the building located on the side of the building where the accessory sign is located, whichever is less. The maximum sign area for all accessory signs mounted to a freestanding sign is 10% of the sign area of the sign to which it is attached. Provided, however, if the building footprint is at least 20,000 square feet or larger, no accessory sign may exceed 32 square feet. All such signage shall be counted toward the maximum allowable signage for the business. No more than three accessory signs may be displayed at any business. 4. Business Complex Designation. To be deemed a business complex, the applicant(s) must submit a signed application to the Planning Director for such designation. The Planning Director may approve or refer all such applications to the Planning Commission who shall grant the business complex designation, for purposes of signage, to any applicant(s) meeting all of the following criteria: a. The application is from three or more business entities, or from a single developer of a master planned business complex with a uniform design theme, consisting of at least three separate intended business sites; and b. The businesses are located on either one parcel or on contiguous adjoining parcels with one parking lot; and c. The parcel of land is under one ownership or has been done as a master planned condominium business unit project with common areas; and d. The business owners have agreed upon a signage theme that is in architectural harmony with each other and with signage of surrounding properties and meets the intent of this ordinance.

one parcel or on contiguous adjoining parcels with one parking lot; and c. The parcel of land is under one ownership or has been done as a master planned condominium business unit project with common areas; and d. The business owners have agreed upon a signage theme that is in architectural harmony with each other and with signage of surrounding properties and meets the intent of this ordinance.

5. Allowable Sign Area. In addition to the master business complex sign, the total allowable sign area for a business in a business complex is two square feet of sign area for each lineal foot of frontage of the business within the main building, whether in a stand alone building or in a building that has been partitioned into separate businesses.

E. A-Frame Signs 1. General. Permits for A-frame signs are specific to the business requesting the permit and not to the parcel of land on which the A-frame sign is located. Information regarding the A-frame sign permit must be located in the upper left hand corner of the sign. Any non-conforming sign will be impounded by the city and fee not refunded. A-Frame signs must be removed at the end of each business day. 2. Placement. A-frames signs must be located at ground level on site of the business, not in the city right-of-way, cannot block the sidewalk or interfere with traffic, either pedestrian or vehicular, and must be anchored or weighted.

3. Size and Quantity. Two (2) A-frame signs are allowed per business. Each side of the A-frame sign can measure not more than four (4) feet by four (4) feet and the area of an A-frame sign must not exceed sixteen (16) square feet in area each side.

F. Projecting Signs:

1. Encroachment into Right-of-Way . Projecting signs shall maintain a one (1) foot setback from any property line or public right-of-way unless approved by the Planning Director as a "pedestrian oriented" projecting or hanging sign which I hangs over an area with a sidewalk (promenade) in a line with other "pedestrian oriented" hanging signs to identify shops to pedestrians along the promenade. 2. Minimum Clearance. The lowest edge of any projecting sign shall have a minimum clearance of eight (8) feet from the pedestrian walkway. 3. Maximum Height. The height of a projecting sign shall not project above the height of the portion of the structure to which it is attached. (Architectural features of a building which project above the roof lines shall not be used in calculating the maximum allowable height of projecting signs.)

4. Sign Area. The maximum allowable sign area for a projecting sign is thirty (30) square feet. Any sign greater than five square feet must be approved by the Building Official as being safe to place in the intended location considering wind velocity and size.

G. Roof Signs:

1. General. Roof signs shall be placed parallel to the roof line. A roof sign shall not project beyond the end of the building wall or edge of the roof. Architectural features of a building which project above the roof line shall not be used in determining allowable placement of roof signs. A roof sign may not project above the roof line of the roof section upon which such sign is placed. Roof signs are counted as part of the maximum allowable signage for that business/property.

2. Sign Area. The maximum allowable sign area for a roof sign is 25% of the area of the roof plane upon which it is situated. 3. Prohibited Roof Signs. Roof signs may not be mounted atop a flat roof.

H. Wall Signs:

1. Location. A wall sign is only permissible if its exposed face is in a plane parallel to the plane of the wall to which it is attached.

2. Sign Area. The maximum allowable sign area for a primary wall sign is seventy five (75) square feet if the business has a street frontage of less than 200 lineal feet as measured along street frontage of the street upon which the main entrance is located. In the event the business has street frontage of more than 200 lineal feet, as measured along any street frontage, the maximum allowable sign area for a primary wall sign facing such street shall be 125 square feet. Notwithstanding the previous limits, no wall sign may be larger than twenty five percent (25%) of the wall surface to which it is attached.

I. Special Event Signs:

1. Time for Display . Temporary special event banners and similar advertising devices, located over private property, which are displayed for fewer than thirty consecutive days and not replaced within 60 days and not repeated more than 3 times per year.

2. Permit Requirement . A sign permit shall be required for banners, pennants, searchlights, A-frame signs, portable signs, flags, small balloons, pennants or streamers, used as special event signs, but shall consist of a simplified application that will be processed and approved or denied within three business days. Tethered balloons larger than four feet in diameter or other forms of inflatable signage or placement to attract attention are limited to one and may take longer for approval or denial due to possible review by the Building Official to determine safety requirements.

3. Quantity. No more than two (2) special event signs may be displayed by a business at any given time, excepting small flags, pennants or balloons that do not create a traffic or pedestrian hazard.

4. Placement. A special event sign shall not be placed in any location at which a primary or accessory sign could not be placed. All such signs must be located on the premises to which they pertain. 5. Appearance. Special event signs displayed for a commercial purpose that are determined by the Planning Director or his/her designee to be unsightly due to becoming tattered, faded, torn, or otherwise falling into disrepair are subject to the enforcement procedures set forth in section 104.17.1(I) of this chapter.

6. Specific Signage Regulations.

• a. Balloons and any lines attached thereto must not be made of metallic or similar materials that would act as a conductor for electricity. b. A banner shall not exceed seventy-five (75) square feet in sign area. c. Banners must be attached at all four corners. d. Special event signs must be in like-new condition.

7. Flags - Non-exempt

• a. The maximum permitted area of each flag must not exceed fifteen (15) square feet.

• b. Each flag must not exceed a maximum height of twenty (20) feet above the finished lot grade at the base of the pole. Berming over three feet (3') is not permitted.

• c. One flag is allowed for each twenty (20) lineal feet of street frontage.

• d. Flags must be located on the premises to which they pertain.

• e. Flags that are intended to be permanent may remain in place. Special event flags are limited in duration.

8. Pennants. The total allowable length of the pennants must not exceed two (2) linear feet of pennant per one linear foot of street frontage upon which the pennants will be placed.

J. Residential Zone Signage:

1. Commercial/Institutional Signs. Signs of a commercial nature are not permitted in a residential zone except for one on-site sign allowed in a residential zone not over 6 square feet in size and not higher than 4 feet, or a sign used to identify an institutional use permitted within the zone, after a site plan review to insure the signage is in harmony with the surrounding uses.

2. Residential Identification. Signs identifying a residential area or neighborhood, up to a maximum sign area of thirty-two (32) square feet and maximum height of eight (8) feet, are permitted at no more than two main entrances into a residential development as part of an entry statement.

K. Industrial Signage: One monument sign and one wall sign will be permitted per parcel for any approved industrial use in an industrial land use district; except in an industrial complex which allows one (1) wall sign per business and one freestanding or monument sign for all of the tenants to share.

L. Offsite Signs

1. Location. Offsite signs are only permitted:

• a. In non-residential areas.

b. Along streets that are not designated scenic highways.

• c. Along Needles Highway north of the intersection with Interstate 40 at the West Broadway exit, and along Highway 95 south of the Interstate 40 East Broadway freeway exit.

2. Prohibited Locations. No offsite sign may be located in the following areas:

• a. Any location that will obscure a mural.

• b. Within 500 feet of another offsite sign.

• c. In any location that will obstruct the visibility of any primary permanent onsite signage.

• d. Within 250' of a city business directory or near premise sign.

• e. Between West Broadway and East Broadway freeway exits/entrances.

3. Dimensions. The height of any offsite sign shall not exceed four (4) feet and the width shall not exceed eight (8) feet, mounted within a frame no taller than eight (8) feet in height. Any signs must be mounted to a vinyl coated, painted or powder-coated metal frame with support structures no less than 3" x 3" posts or larger, depending upon the size of the sign. Generally, a sign 4' x 8' would require 4" x 4" posts to withstand wind velocity and require a breakaway system.

4. Property Owner Permission. The applicant shall provide written verification from the property owner or his/her authorized designee that placement of the sign is authorized at the proposed location. The applicant shall include the owner's name, address, and telephone number with the si n permit application.

5. City Right-of-Way . Businesses may apply to have a sign placed in a City right of-way in an area that is allowed for offsite signs as described in Section 104.17.5 L (1) provided that all such signs placed in the City right-of-way must be mounted on an approved City of Needles sign frame and such placement may be approved for such time as outlined in Section 104.17.5 (0) (2) relating to the City signs.

6. Multiple Businesses. Where multiple business owners require signs at the same location, those shall be combined into one common sign frame with each business providing and maintaining an appropriately designed and approved sign not to exceed four feet by four feet (4' X 4') within the frame which shall not exceed the dimensions described in Section 104.17.5 (K) (3). If more than two (2) businesses request signage at that location, then individual signs may be reduced accordingly to fit into said frame or another location may be chosen. Drawings for multiple use signs shall be submitted to the Planning Director showing the logo, colors, typestyles and fonts intended on the sign. Each sign shall be reviewed for architectural and color compatibility with the balance of the sign.

7. Quantity of Signs Allowed . No business shall have more than two (2) offsite signs which may not be located within one half (1/2) mile of each other.

8. Applicant. The applicant will have secured from the City a valid business license in the City of Needles and shall have paid permit fees. No offsite sign permits will be granted to any applicant who is not in compliance with this Article for other signage.

9. Lighting. If the applicant(s) desire the sign to have lighting, the applicant shall, after approval, install, maintain, and pay for the lighting at all times, provided said lighting may not violate any other section of this Article.

M. Historic Signs:

1. Applicability. Onsite signs that identify a historic landmark or a historic structure of merit, as designated by the City of Needles or the State or Federal Register, are exempt from the regulations of this chapter, provided they do not exceed one such sign per parcel, a sign area of thirty-two (32) square feet or a sign height of eight (8) feet.

2. Permit Requirement for Larger Signs. Planning Commission approval of a special use permit shall be required for signs in excess of the above limits and may only be approved if the Planning Commission finds:

• a. That the sign is in keeping with the historical character of the site; and

b. That the sign will be in scale with the surroundings; and

• c. That the sign will not be a traffic hazard; and

d. That a larger sign is required to impart the necessary message; and

e. That the size of the sign would not be greater than would be allowed under this Article for a commercial business at the same location.

N. Business Directory Signs:

Business directory signs are allowed to point the way to businesses which are not located on the premises of the sign. These signs can be placed in any zone.

1. Definition. Business directory signs are signs placed in the public right-of-way by the City and owned by the City and built to City specifications. Such signs are placed at road intersections to point the direction to businesses that have applied for and received an approved permit for placement on a City owned sign structure. All such signs must meet the requirements of this section and are renewable on an annual basis.

2. Number of Business Directory Signs. The City shall place business directory signs as deemed appropriate by the Planning Director based upon demand at the intersection of arterial, major and minor collector roads. No more than one business directory sign may be placed at any corner unless there is a specific finding by the Planning Director that placement of an additional sign at an intersection can be placed back to back or at an angle to the previous sign in such a manner as to better direct travelers to the businesses without creating confusion or traffic hazards.

3. Structure height and attachments. The height of the base structure shall not exceed eight (8) feet and may not contain more attachment signs than will reasonably fit on the sign. Attachments may be six (6) or twelve (12) inches in height and no more than thirty-six (36) inches in length with uniform sized lettering. If the business name needs more than one line of copy to state only the name, logo and directional arrow, the applicant may qualify for a twelve (12) inch attachment but will be charged for two six (6) inch spaces.

4. Priority for placement. The attachment signs shall be placed on the basis of first application annually has first priority for a choice of placement in one location. If there are insufficient spaces available at any location, the later applicants will be offered placement in other locations before any business is permitted a second location. If an application is accepted after placements have been awarded for that cycle, the late application may be offered a site that is still available for the remainder of the cycle on a prorated basis.

ment in one location. If there are insufficient spaces available at any location, the later applicants will be offered placement in other locations before any business is permitted a second location. If an application is accepted after placements have been awarded for that cycle, the late application may be offered a site that is still available for the remainder of the cycle on a prorated basis.

5. Review of placement. The signs will be reviewed for placements of attachment signs each year in January. Applications including the name and address of the applicant, the exact lettering desired on the sign, and preferences for locations on which to be placed, must be submitted before January 1 of each year to ensure consideration for placement during that cycle; however later applicants may be placed in any available spot not already assigned for that cycle. Applications will be date and time stamped to establish priority and may be filed at any time during the year, but may not be filed in advance for successive years. Applications will be processed immediately after January 1st of each year and applications will be accepted or denied within fifteen (15) days thereafter. Once placement has been obtained, the applicant may retain placement until the placement is again reviewed. Depending upon the priority of applications for the specific site in subsequent years, the applicant may again be awarded the same site or may be required to be placed at a different site. If any business advertised on such attachment sign will be removed by the City after ten (10) days written notice to the address contained on the sign permit application. If such sign is removed by the City, each such sign shall be kept in safekeeping for a period of sixty (60) days. If the business reopens under the same name, the sign may then be replaced for the remainder of the cycle.

t site. If any business advertised on such attachment sign will be removed by the City after ten (10) days written notice to the address contained on the sign permit application. If such sign is removed by the City, each such sign shall be kept in safekeeping for a period of sixty (60) days. If the business reopens under the same name, the sign may then be replaced for the remainder of the cycle.

6. Payment of fees. The applicant must pay the appropriate sign fee adopted by resolution of the City Council at the time of submission of the application for the initial placement and each subsequent renewal. The fee will include a fee for the creation of the sign attachment, the pro-rata share of the construction and maintenance of the structure, the cost of administration of the sign, and permit. When necessary, in subsequent years, the applicant will be charged for the repainting or replacement of faded or damaged sign attachments previously used. The determination of whether a new sign attachment is needed will be determined by the planning director during each annual placement cycle, after a visual inspection to insure all signs are kept in an equally attractive fashion. 7. Drawings required. Applicant shall submit a drawing of any logo being requested. Other than a logo or approved symbol indicating lodging, food, etc., and/or the name of the business and directional arrow, there shall be no other advertising copy allowed on the sign. Any business wishing to include a logo on their sign shall submit a drawing of the desired logo and its proposed location on the sign attachment along with their application. All type sizes, styles and colors will be uniform unless part of a nationally recognized logo.

8. Effect of existing illegal signs. No applicant will be considered for placement on a business directory sign if they are exhibiting any illegal signs under the city sign ordinance.

9. Locations for Business Directory Sign s. The locations approved for business directory signs were originally determined by the Planning Commission. Additional locations may be approved by the Planning Director if the Director finds that the new proposed location is at a major or minor intersection where such sign is needed to assist with business identification and directions and has enough demand for location thereon to allow the sign to be placed with at least four spaces being utilized. Any denial made by the Director may be appealed to the Planning Commission.

0. Near-Premise Signs:

Near-premise signs are signs approved by the Planning Director or Planning Commission at intersections within the City under the following circumstances and standards:

1. The near premise sign frames will be erected by the City, owned by the City and may be placed in the approved location within the City right-of-way in the same manner as a business directory sign for eligible businesses.

2. Eligible businesses may apply to place their advertising sign on such near premise signs. Permits will be renewed annually and require that the business attachment be maintained in a clean, readable and attractive manner.

3. Near premise signs within the core of the City are intended only for businesses that do not have frontage on one (1) of the major streets in the City of Needles, but the business is located within a commercial or industrial zone of the City. Such signs are intended to afford an opportunity for signage for businesses that are located where permitted signage would not be easily seen and readable from at least one of the main streets.

4. Major streets for purposes of paragraph (3) above include Highway 95, Broadway, Needles Highway and "K" Street (east of Needles Highway).

5. The sign frames used for near premise signs may be leased by the City in the same manner for offsite signage outside of the core of the City as described in the section for offsite signage. The use of such frames in the approved area of the City right-of-way does not offer such sign any of the privileges afforded to near premise signs under this section.

6. Findings Required. In order to grant a pe1mit for a near-premise sign, the Planning Commission must make specific findings for each of the following:

   • a. That the placement of the sign will not tend to create a traffic hazard or contribute to visual clutter and blight within the city;

   • b. That the size, height and design of the sign meets the standards required for near premise signs set herein;

c. That there are no other near-premise signs located within five hundred feet of the proposed location of the sign;

d. That if granted, the sign attachment must be well maintained at all times. If not properly maintained in the opinion of the director, notice of non maintenance may be delivered to the business advertised on the sign, and if not repaired within sixty days, may be removed by the city.

e. That without the granting of this permit any sign erected on the premises of the business would not be visible from the nearest major or minor collector road;

f. That the business requesting this pe1mit has secured from the city a valid business license and is operating the business in compliance with all other city codes and regulations.

g. That the business requesting this permit is not exhibiting any illegal signs within the City of Needles.

h. That the location of the business has little or no street frontage on one of the list major streets, and therefore would not qualify for a sign of sufficient size to allow the sign to be read by people traveling along any of the listed major streets. If the property has enough street frontage to qualify for a sixteen square foot or larger on-premise sign, the business will not qualify for a near premise sign

P. Outdoor Advertising Displays

1. Definitions. For purposes of this Chapter, the following words or phrases shall have the following definitions:

• a. Abandoned Outdoor Advertising Display means either:

  • (1) Any outdoor advertising display that is in existence for more than three (3) months without a poster, bill printing, painting, or other form of advertisement or message on its display face; or

  • (2) Any Outdoor Advertising Display that does not appear on the inventory required by Section 104.17.6 P.3.a.

b. Automatic Changeable Message Display means an Outdoor Advertising Display which mechanically changes the fixed display face at synchronized programmable intervals through the use of a series of multiple-faced (generally three faces) rotating panels or louvers. These displays are also known by proprietary product names such as Tri Vision and/or Tri-Face.

• c. Billboard means a free-standing sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. The terms Billboard and Outdoor Advertising Display may be used interchangeably to mean the same thing.

• d. City Manager means the City Manager of the City or his/her designee.

• e. Digital Display means an Outdoor Advertising Display using light emitting diodes (L.E.D.) or similar technology to display static images controlled by electronic communications.

• f. Display Face means the surface area of an Outdoor Advertising Display available for the purpose of displaying an advertising message. Display Face does not include the structural supports or lighting.

• g. Edge of Right-of-Way means a measurement from the edge of a right of-way horizontally along a line normal or perpendicular to the centerline of the freeway or highway.

• h. Free Standing Sign means any sign which is supported by one (1) or more column(s) or upright imbedded in the ground, and which is not attached to any building or structure.

• i. Freeway means a divided arterial highway for through traffic with full control of access and with grade separations at intersections under state control which requires a State Outdoor Advertising Permit to erect an Outdoor Advertising Display.

j. Illegal Outdoor Advertising Display means any of the following:

  - (1) An Outdoor Advertising Display or related structure erected without first complying with all applicable City regulations in effect at the time of its construction, erection, or use. 

  - (2) An Outdoor Advertising Display or related structure that was legally erected but whose use has ceased, or the structure upon which the Outdoor Advertising Display is placed has been abandoned by its owner, and not maintained or used for a period of at least six (6) months. 

  - (3) An Outdoor Advertising Display or related structure that does not comply with this Chapter, or any applicable permit referenced in the City Code. 

  - (4) An Outdoor Advertising Display or related structure that is a danger to the public or has been determined to be unsafe by the City Manager, as supported by findings made in connection with the California Building Code, including applicable provisions of the City Code.

• k. Maximum Height means the highest point of the structure or sign measured from the roadbed of the adjacent freeway or highway to which the sign is oriented or from the average natural ground level at the base of the supporting structure, whichever is greater. 1. Off-Site Sign means structures and signs that are erected or maintained to advertise goods sold, business conducted, or services rendered on a parcel other than the land upon which the sign is located. m. Outdoor Advertising Display means an outdoor advertising structure or outdoor advertising sign used for outdoor advertising purposes. An Outdoor Advertising Display may be commonly known or referred to as an off-site or an off-premises Billboard. n. Outdoor Advertising Sign means any card, cloth, paper, metal, painted, plastic or wooden sign of any character placed for outdoor advertising purposes and affixed to an Outdoor Advertising Display or related structure. o. Outdoor Advertising Structure means a structure of any kind or character erected, used or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for outdoor advertising purposes. Such structure shall be constructed or erected upon a permanent foundation.

  • p. Primary Highway means any roadway under state control which requires a State Outdoor Advertising Permit to erect an Outdoor Advertising Display.

  • q. Scenic Highway means a section of a highway that has been officially designated and maintained scenic pursuant to Section 260, 261, 262, and 262.5 of the Streets and Highways Code or as referred to in Section 13 l(s) of Title 23 of the United States Code.

2. Permit Procedure. No person shall erect, use, or maintain an Outdoor Advertising Display in the City, except as expressly provided herein:

• a. Permit Application. Outdoor Advertising Displays shall require a conditional use permit. An application for an Outdoor Advertising Display conditional use permit shall be filed with the City Manager or his/her designee, along with any applicable fee to be set by the City Council by resolution, as may be amended from time to time. A separate application shall be required for each Outdoor Advertising Display whether or not the advertising structure is proposed alone or as one of any number of advertising structures proposed to be placed on the same, contiguous parcels or any set of related or unrelated parcels that are the subject of a single development proposal. The application shall include the following 'information:

e. A separate application shall be required for each Outdoor Advertising Display whether or not the advertising structure is proposed alone or as one of any number of advertising structures proposed to be placed on the same, contiguous parcels or any set of related or unrelated parcels that are the subject of a single development proposal. The application shall include the following 'information:

  - (1) The name, address, and telephone number of the Applicant; (2) The name, address, and telephone number of the Owner of the property where the Outdoor Advertising Display is to be located (the "property"); (3) Written authorization by the property Owner allowing the Applicant to apply for land use entitlement; (4) The Assessor's Parcel Number ("APN") of the specified property; (5) A general description of the property upon which the Outdoor Advertising Display is proposed to be placed; (6) A plot plan and elevations drawn the scale. The plot plan shall include: 

     - i. A pictorial representation of the proposed Outdoor Advertising Display, disclosing all dimensions; 

ii. A plan of the property on which the proposed Outdoor Advertising Display, is to be located, disclosing the precise location of the sign in relation to other improvements of the property, related property lines, and zoning of the property;

iii. A description of the proposed Outdoor Advertising Display structure, disclosing proposed colors and materials; iv. A description of the location of and distance from the nearest Outdoor Advertising Displays, buildings, public and private roads, and other right-of-ways, setback lines, and specifically planned future road right-of-way lines; and

• v. Any additional information required by the City Manager such that the proposed Outdoor Advertising Display may be readily ascertained, identified, and evaluated.

b. Conditional Use Permit Required. A conditional use permit shall be required for the installation of any new, relocated, or enlarged Outdoor Advertising Display to allow for a second face addition to an existing Outdoor Advertising Display. c. Application Approvals and Denials. Conditional use permit application approvals and denials shall be processed and subject to the provisions of the Needles Municipal Code Article IV Section 94.00 et seq. and shall further be subject to the requirements of this Chapter.

d. Building Permit Required. No person shall place, erect, use, maintain, alter, repair or relocate an Outdoor Advertising Display or connect an Outdoor Advertising Display to a power supply without first also obtaining a building permit from the City.

e. Caltrans Permit Required. No person shall place, erect, use, maintain, alter, repair or relocate an Outdoor Advertising Display or connect an Outdoor _f\dvertising Display to a power supply without first also obtaining an Outdoor Advertising Display permit from the California Department of Transportation (Caltrans), as is required for Outdoor Advertising Displays adjacent to an Interstate or primary highway.

t Required.** No person shall place, erect, use, maintain, alter, repair or relocate an Outdoor Advertising Display or connect an Outdoor _f\dvertising Display to a power supply without first also obtaining an Outdoor Advertising Display permit from the California Department of Transportation (Caltrans), as is required for Outdoor Advertising Displays adjacent to an Interstate or primary highway.

f. Commercial and Noncommercial Messages. Nothing in this chapter shall be deemed to prohibit or restrict the use of any Outdoor Advertising Display authorized by this article for any noncommercial message. No permit required for any Outdoor Advertising Display under this chapter shall be granted, conditioned, or denied based on the content of the message displayed by such Outdoor Advertising Display, whether such message is commercial or noncommercial in nature.

g. Limitations of Issuance. No conditional use permit for an Outdoor Advertising Display shall be issued if any of the following are determined to be true:

• (1) The applicant(s) have knowingly made a false statement or omission of material fact in the application for the condition use permit; or

(2) The proposed Outdoor Advertising Display would otherwise result in a threat to the general health, safety, and welfare of the City residents; or

• (3) The proposed Outdoor Advertising Display would create a traffic or safety problem.

3. Permit Standards. Except as otherwise specifically provided in this Chapter, the following standards shall be applicable to all Outdoor Advertising Displays within the City:

a. General Plan . Outdoor Advertising Displays shall be consistent with the Comprehensive General Plan, and all federal, state, and local laws.

b. Placement. Outdoor Advertising Displays oriented towards and primarily viewed from freeways and highways are preferred.

c. Zoning . Outdoor Advertising Displays are permitted only in the following zones, provided that the Outdoor Advertising Display meets all of the other requirements of the zoning classifications and this Chapter: C-1, Neighborhood Commercial Zone; C-2, General Commercial Zone; C-3, Highway Commercial Zone; CRR, Commercial, Residential, Resort Zone; M-1, Light Manufacturing Zone; and M-2, General Manufacturing Zone. Outdoor Advertising Displays are expressly prohibited in all other zones. d. Height . The maximum height of an Outdoor Advertising Display shall not exceed a height of thirty- five (35) feet from the roadbed of the adjacent freeway or highway to which the display is oriented, or a maximum height of thirty-five (35) feet from the grade on which it is constructed, whichever is greater.

ng Zone. Outdoor Advertising Displays are expressly prohibited in all other zones. d. Height . The maximum height of an Outdoor Advertising Display shall not exceed a height of thirty- five (35) feet from the roadbed of the adjacent freeway or highway to which the display is oriented, or a maximum height of thirty-five (35) feet from the grade on which it is constructed, whichever is greater.

e. Setbacks . No Outdoor Advertising Display shall be erected or occupy any airspace within a road right-of-way line or future road right-of-way line as shown on any General Plan. A minimum setback from the property line of one foot shall be required. No person shall place, erect, use or maintain any outdoor advertising display located within six hundred sixty (660) feet from the edge of the right- of-way of any freeway or primary highway without first obtaining a valid state outdoor advertising permit.

f. Spacing. No Outdoor Advertising Display shall be located within five hundred (500) feet in any direction from any outdoor advertising display on the same side of the highway or freeway.

g. Scenic Highway. No Outdoor Advertising Display shall be permitted adjacent to a scenic highway.

h. Display Face Size. No Outdoor Advertising Display shall exceed a maximum total surface area of seven hundred (700) square feet per face.

i. Number of Display Faces. No more than two (2) display faces per Outdoor Advertising Display shall be permitted. Only single face, back-to-back and V-type displays shall be allowed, provided that they are on the same Outdoor Advertising Display or related structure and further provided that the V-type displays have a separation between display faces of not more than thirty (30) feet. Display faces shall not be stacked.

j. Number of Displays. No more than one (1) proposed Outdoor Advertising Display per application shall be permitted.

k. Poles. A maximum of one (1) steel pole is allowed for support of an Outdoor 1-dvertising Display, subject to approval of the City Manager.

l. Lighting and Illumination of Displays. An Outdoor Advertising Display may be illuminated, unless otherwise specified, provided that the displays are so constructed that no light bulb, tube, filament, or similar source of illumination is visible beyond the display face. Displays making use of lights to convey the effect of movement or flashing, intermittent, or variable intensity shall not be permitted. Displays _.shall use the most advanced methods to insure the most energy efficient methods of display illumination.

m. Digital Displays. Digital Displays and Automatic Changeable Message Displays are allowed providing the message displayed is static and displayed for a minimum duration of six (6) seconds and the transition time between messages is no longer than four (4) seconds. Animated images, images that give the appearance of movement or changes in illumination intensity during the static display period are prohibited.

ays.** Digital Displays and Automatic Changeable Message Displays are allowed providing the message displayed is static and displayed for a minimum duration of six (6) seconds and the transition time between messages is no longer than four (4) seconds. Animated images, images that give the appearance of movement or changes in illumination intensity during the static display period are prohibited.

n. Display Movement. No Outdoor Advertising Display shall move, rotate or display any moving and/or rotating parts except for automatic changeable message displays. No propellers, flags, or other noise creating devices, and no architectural embellishments which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards usmg flashing, intermittent or moving light or lights is prohibited. o. Mobile Displays. No person shall place, use, maintain, or otherwise allow a mobile vehicle, trailer, or other advertising display not permanently affixed to the ground to be used as an Outdoor Advertising Display. p. Roof Mounts. No Outdoor Advertising Display shall be affixed on or over the roof of any building and no display shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this Chapter, a mansard style roof shall be considered a parapet. A q. Identification. No Outdoor Advertising Display shall be placed, erected, used or maintained anywhere unless there is securely fastened thereto the name of the Outdoor Advertising Display permittee in such a manner that the name is visible. Any display placed, erected, or maintained without this identification shall be deemed to be placed, erected, ai:id maintained in violation of this Chapter. r. Display Inventory. In order to evaluate and access Outdoor Advertising Displays within the City, within one hundred eighty (180) days of the effective date of this Chapter and on each fifth anniversary after the effective date of this Chapter, and upon notice, each business with Outdoor Advertising Displays within the incorporated area of the City shall submit to the City Manager, a current inventory of the Outdoor Advertising Displays maintained within the incorporated area of the City. Failure to submit a current or accurate inventory within thirty (30) days of receipt of such notice shall be deemed to be a violation of this Chapter and subject to the issuance of a Notice of Violation by Code Enforcement. Failure to comply with a Notice of Violation may result in the issuance of a Field Citation, an Administrative Citation, or a Notice of Public Nuisance, or such other action or proceeding pursuant to Title 4 of the City Code. s. Maintenance Standards. Every Outdoor Advertising Display and all parts, portions, units, and materials comprising the same, together with the frame, background, supports, and anchorage therefor, shall be continuously maintained in an attractive, clean, and safe condition. The display surface of all Outdoor Advertising Displays shall be kept neatly painted and/or posted and in proper repair and state of preservation.

** Every Outdoor Advertising Display and all parts, portions, units, and materials comprising the same, together with the frame, background, supports, and anchorage therefor, shall be continuously maintained in an attractive, clean, and safe condition. The display surface of all Outdoor Advertising Displays shall be kept neatly painted and/or posted and in proper repair and state of preservation.

4. Enforcement. Failure to comply with the provisions of this Chapter, the City Code, or any other State or City law, shall result in the permit issued hereunder being suspended or revoked pursuant to this Chapter. The following provisions shall apply to the violations of this Chapter:

a. Any person violating any of the provisions of this Chapter or any provisions or part hereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of up to one thousand dollars ($1,000.00) per day per violation or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. The conviction and punishment of any person for violation of this Chapter shall not excuse or exempt such person from any civil action for violation of this Chapter or other City law. No civil action shall prevent criminal prosecution for any violation of the provisions of this Chapter or any State or City law.

• b. Every Illegal Outdoor Advertising Display and every Abandoned Outdoor Advertising Display is hereby declared to be a public nuisance and shall be subject to abatement by repair, rehabilitation, or removal in accordance with the procedures contained in the City's Zoning Code and this Chapter.

c. Any non-compliance with this Chapter shall constitute a public nuisance and violation of the City Code and may be enforced through any lawful remedy, including, but not limited to, the provisions of the Chapter and the City Code. Any non-compliance with this Chapter, the City Code or ordinances, or State law shall constitute a public nuisance and may be enforced through any lawful civil and/or criminal remedy, including, but not limited to, a restraining order, temporary and permanent injunctive relief, and other relief set forth in this Chapter, the City Code, and/or State law.

d. In lieu of issuing a misdemeanor citation, the City may reduce the penalty to an infraction or issue an administrative citation, and/or assess an administrative fine up to the maximum amount(s) permitted by law and the City Code.

• e. Every violation of this Chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative, civil, or criminal enforcement action.

5. Non-Conforming Outdoor Advertising Displays. The following sections shall apply to non-conforming Outdoor Advertising Display:

• a. Continuation. Any non-conforming Outdoor Advertising Display may be maintained through the abatement period set forth in this section, provided there are no alterations of the display whatsoever, except as provided in this Chapter.

• b. Alterations. A non-conforming Outdoor Advertising Display may not be moved, enlarged, relocated, or altered in any way except as otherwise provided herein:

  • (1) Where any non-conforming Outdoor Advertising Display is damaged or partially destroyed, the non-conforming outdoor advertising display may be restored to the condition in which it existed immediately prior to the occurrence of such damage so long as all of the following conditions are met:

    • i. The cost of such reconstruction does not exceed fifty percent (50%) of the replacement cost of such outdoor advertising display at the time such damage occurred; and

ii. The reconstruction may not result in any greater degree of nonconformity than previously existed; and

iii. The reconstruction shall meet all current requirements of the City Code, and shall be completed within one (1) year of the commencement of the construction.

(2) When a subsequently adopted ordinance or regulation of the City requires specific alterations, those alterations shall be made

(3) Minor repairs to and routine maintenance of an outdoor advertising display are permitted and encouraged. Minor repairs and routine maintenance means repairs or maintenance that cost less than twenty percent (20%) of the replacement cost.

(4) If, in the process of reconstructing an outdoor advertising display pursuant to this subsection, certain nonconformities can be brought into conformity, they shall be brought into conformity.

6. Abatement and Termination-Upon Expiration of Time Period.

Wherever the officials responsible for the enforcement of administration of the City Zoning Code or their designated agents, have cause to suspect a violation of this Chapter, or whenever necessary to investigate either an application for the granting, modification, or any action to suspend or revoke an outdoor advertising display permit, or whenever necessary to investigate a possible violation, such persons may lawfully gain access to the appropriate parcel of land upon which a violation is believed to exist. The following provisions shall apply to the violations of this Chapter:

a. Nonconforming Outdoor Advertising Displays shall be abated and such nonconformity shall be terminated based on assessed valuation as is exhibited below, subject to the requirements and limitations imposed by Sections 5412 through 5421.4 of the California Business and Professions Code, the provisions of which are incorporated herein by this reference:

Value of Sign Period for Removal and/or Compliance

b. An extension of the abatement period may be granted by the City Manager upon good cause. In no case shall such an extension be granted for a period of more than one (1) year.

7. Illegal and Abandoned Outdoor Advertising Displays.

All Illegal Outdoor Advertising Displays and all Abandoned Outdoor Advertising Displays shall be removed or brought into conformance with this Chapter immediately upon receipt of Notice given to the owner of the property and also given to the owner of the Outdoor Advertising Display, if (i) the identification plate required by Business and Professions Code Sections 5362 and 5363 is affixed; and (ii) the advertiser, if any, identified on the sign provided the address of the advertiser can be reasonably determined.

8. Relocated Outdoor Advertising Displays. Nothing in this Chapter shall prevent the City from entering into an Outdoor Advertising Display Relocation Agreement, which Agreement shall require the prior approval of the City Council, when: (1) the original location of the Outdoor Advertising Display is within a contemplated public right-of-way; and I (2) the Outdoor Advertising Display complied with all applicable regulations in effect at the time it was erected. An Outdoor Advertising Display located on a parcel that is zoned to prohibit Outdoor Advertising Displays may, pursuant to such Agreement, b relocated to another location on that same parcel. An Outdoor Advertising Display located in an area defined in this Chapter as a scenic highway may also, pursuant to such Agreement, be relocated to an area defined as a scenic highway whether the area is on the same parcel or a different parcel. Except as provided in this Section, a relocated Outdoor Advertising Display shall be subject to all the permit procedures and standards described in this Chapter. All Outdoor Advertising Display shall be relocated in accordance with Sections 5412 through 5421.4 of the California Business and Professions Code, the provisions of which are incorporated herein by this reference

Article XI Vehicular Provisions 111.01 Street Dedication And Improvement 111.02 Vision Clearance 111.03 Driveway Standards 111.04 Parking Requirements 111.04.01 Parking Spaces Required--Residential 111.04.02 Parking Spaces Required--Recreational 111.04.03 Parking Spaces Required--Institutional 111.04.04 Parking Spaces Required--Office, Medical Or Financial 111.04.05 Parking Spaces Required--Retail/Commercial 111.04.06 Parking Spaces Required--Industrial 111.04.07 General Off-Street Parking Requirements 111.04.08 Calculations Of Fractions Of Parking Stalls 111.04.09 Parking Ratios For A Combination Of Entities 111.04.10 Other Parking Uses 111.04.11 Other Commercial Uses 111.04.12 Combined Parking For Separate Lots 111.04.13 Off-Street Parking Dimension Table 111.04.14 Compact Car Parking 111.04.15 Employee Parking 111.04.16 Handicap Parking Requirements 111.04.17 Truck Loading And Unloading Space 111.04.18 Parking Stall Identification 111.04.19 Protective Wheel Stops 111.04.20 Parking Located Off An Alley 111.04.21 Parking In Required Setback Areas 111.04.22 Parking Area Surfaces 111.04.23 Visibility From Parking Lot Drives 111.04.24 Screening And Landscaping 111.04.25 Nonconforming Parking 111.04.26 Additional Requirements 111.05 Loading Areas

HISTORY

Amended by Ord. 427-AC on 3/4/1996 111.01 Street Dedication And Improvement

No building permit shall be issued until the following requirements are met:

1. All streets, alleys and other public rights-of-way shown on plans approved by the city council and which abut the subject property shall be dedicated to the planned right-of-way line or a deed of dedication deposited in escrow with an escrow agent acceptable to the city attorney, the delivery of which is conditioned upon the required permit being granted.

2. All improvements of streets, alleys and other public rights-of-way which abut the subject property and are required in order to conform to improvement standards approved by the city council shall be installed or a performance bond, in a reasonable amount to be determined b the city engineer, with sureties to be approved by the city attorney, shall be filed with the city clerk, or cash in a like amount shall be deposited with the finance director to be placed in a trust fund. (Ord. No. 427-AC)

3. The off street parking facilities required by this title shall be located on the same lot or parcel of land as the use they are intended to serve, except that in cases of practical difficulty, the City Planner may approve substitute parking locations for ministerial projects which meet the following conditions:

   1. All or part of the substitute location is within two hundred feet (200') of the principal use for which the parking is being provided;

   2. The substitute lot is in the same possession as the use it is intended to serve. Such possession may be by deed or long term lease, the terms of which meet the approval of the city. 3. The off street parking facilities required by this title shall be located on the same lot or parcel of land as the residential unit they are intended to serve.

   3. Parking spaces shall not be located in any required front yard, except in legal nonconforming lots where garages or carports may be located in the front yard when approved by the planning commission.

   4. Not more than three (3) carports or garages on any one lot shall have their entryway facing the street.

For discretionary projects, the planning commission may approve substitute parking locations for ministerial projects which meet the above conditions, or recommend approval to the city council for projects requiring council approval.

HISTORY

Amended by Ord. 663-AC on 10/24/2023

111.02 Vision Clearance

1. Vision clearance areas shall be provided as follows:

   1. On any corner lot: a triangular area at the street intersection measuring fifteen (15) feet along each street property line (or the projections thereof parallel to the centerlines of the streets) from the point of intersection of said property lines (or the projections thereof);

   2. At the intersection of any alley with a street, or at the intersection of two (2) alleys, or at an angle point where the alignment of an alley changes by sixty (60) degrees or more: a triangular area measuring fifteen (15) feet along each street or alley property line from the point of intersection of said property lines;

2. At any driveway entrance from or exit to a street: triangular areas on each side of the driveway measuring fifteen (15) feet along the street property line and fifteen (15) feet along the edge of the driveway from the point of intersection of the edge of the driveway with the street property line.

3. Within a required vision clearance area there shall be no fence, tree, shrub or other obstruction to sight between two (2) feet and seven (7) feet above the established street grade. Where the vision clearance area for an existing driveway falls on adjacent property, no additional construction in the two (2) foot to seven (7) foot height range shall be placed in the vision clearance area except a fence which does not obscure sight through more than ten (10) percent of the area in the vertical plan. Where existing obstructions exist on adjacent property in the two (2) foot to seven (7) foot height range, any new driveway constructed on the subject property shall be located to not have any such obstructions in its vision clearance areas. (Ord. No. 427-AC)

111.03 Driveway Standards

1. Every garage, carport, parking area, loading area, drive-in or drive-through service area, or other off-street vehicular waiting or maneuvering area shall be connected to one (1) or more public streets or alleys by one (1) or more driveways meeting the standards set forth in this section.

2. Driveway Width.

   1. In the various zones the width of any driveway shall be within the limits shown in the following table:

2. Where the driveway approach width at the street property line required by the city engineer is different from the driveway width required by this section, a variable width transition segment outside the street right-of-way shall be provided to provide a smooth connection.

3. Driveway Height Clearance. Within the required driveway width there shall be no obstruction from the driveway surface to a height of eight (8) feet. In addition, any portion of a driveway not covered by a building or porte cochere shall be unobstructed to a height of fourteen (14) feet.

4. Driveway Curvature. The minimum turning radius for any curve in a driveway shall be twenty-five (25) feet measured to the outside edge of the driveway. 5. Driveway Circulation Pattern.

   1. In single-family residential zones, any garage or accessory building having vehicular entry facing an alley shall be located at least twenty-nine (29) feet from the opposite side of the alley. 2. In all zones, any garage or carport with its vehicular entrance facing a street shall be set back at least twenty-five (25) feet from said street property line in order to allow temporary parking in the driveway without obstructing any portion of a public right-of-way. (Ord. No. 427-AC)

r entry facing an alley shall be located at least twenty-nine (29) feet from the opposite side of the alley. 2. In all zones, any garage or carport with its vehicular entrance facing a street shall be set back at least twenty-five (25) feet from said street property line in order to allow temporary parking in the driveway without obstructing any portion of a public right-of-way. (Ord. No. 427-AC)

6. Secondary Driveways in Residential Zones. Driveways shall only be supported if lead to a garage, carport, or side yard area, and setback requirements are being met. No more than two driveway approaches per lot shall be permitted.

HISTORY

Amended by Ord. 663-AC on 10/24/2023 111.04 Parking Requirements

It is the intent of this section to require off-street parking and loading spaces on each parcel for all land uses within the city. These spaces should be sufficient in number to accommodate the vehicles of residents, employees, customers and clients. The overall intent of this section is to reduce on-street parking, traffic congestion and to improve pedestrian safety within the city.

At the time a business or residential activity is established, or a building is erected or enlarged, or there is a change of use at the subject location, sufficient vehicle off-street parking spaces shall be provided. Accessible off-street parking areas shall be provided and maintained for each land use or activity in accordance with the schedule set out in this part. (Ord. No. 427-AC)

HISTORY

Amended by Ord. 663-AC on 10/24/2023 111.04.01 Parking Spaces Required--Residential

Type of Residential Use Off-Street/On-Street Parking Stalls Required Single and two-family dwellings Parking is not required for residential uses within one-half mile of public transit. In all other cases: Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport or garage.

Residential uses may utilize every 22 feet of useable lot frontage (excluding driveway entrances) along local roads conforming to the City’s standards as counting toward one (1) stall of required parking. Parking is not required for residential uses within one-half mile of public transit. In all other cases: One (1) new parking space shall be provided for each accessory dwelling unit on a lot. The new parking space(s) shall be located on the same lot where the accessory dwelling unit is located, shall not be on the street, and shall be in addition to all existing parking spaces on the lot. Except in the following circumstances: Accessory dwelling units • The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 65852.2(j), as may be amended. • The accessory dwelling unit is located within an architecturally and historically significant historic district. • The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure. • When there is a car share vehicle located within one block of the accessory dwelling unit. Residential uses may utilize every 22 feet of useable lot frontage (excluding driveway entrances) along local roads conforming to the City’s standards as counting toward one (1) stall of required parking. Parking is not required for residential uses within one-half mile of public transit. However, this provision shall not reduce, eliminate, or preclude the enforcement of any state or local requirement imposed on a new multifamily residential development that is located within one-half mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the multifamily residential development. Multiple Family In all other cases: One (1) stall per efficiency unit, one and one half (1.5 stalls per dwelling unit, or two (2) stalls for each unit having three (3) or more bedrooms, plus one (1) stall for every four (4) units for guests. One (1) stall for each unit shall be covered with a garage or carport. Residential uses may utilize every 22 feet of useable lot frontage (excluding driveway entrances) along local roads conforming to the City’s standards as counting toward one (1) stall of required parking. Rooming houses, residence clubs, fraternity and sorority houses One (1) stall for every two (2) occupants plus an additional four (4) stalls.

*Tandem parking shall be permissible in the Residential Uses **EV charging station requirements shall be compliant with the most current California Green Building Code, Title 24. (Ord. No. 427-AC)

HISTORY

(Ord. No. 427-AC)

111.04.07 General Off-Street Parking Requirements

The parking requirements previously listed are minimum. The planning commission may require additional stalls and off-street parking areas deemed necessary to reduce off-street parking congestion, and improve traffic and pedestrian safety within the city.

111.04.08 Calculations Of Fractions Of Parking Stalls

If the calculation for required off-street parking results in a fraction of one-half (1/2) or more of a parking stall, then one (1) parking stall shall be provided. No parking stall is required for fractions of less than one-half (1/2) of a stall. (Ord. No. 427-AC)

111.04.09 Parking Ratios For A Combination Of Entities

Where there is a combination of uses or entities for any-one (1) facility on a parcel, the total required off=street parking shall be the sum of the required parking spaces for each use or entity. The parking provided for one (1) use may not be used to satisfy the parking requirements for another use on the same site, unless all the following conditions are met:

1. Structures on the site clearly can be used only during limited time periods.

2. The uses occur during completely difference periods of time.

3. The city planner determines there will be no conflicts or safety hazards between the proposed uses.

4. A conditional use permit is obtained. (Ord. No. 427-AC)

111.04.10 Other Parking Uses The parking ratio shall be determined by the city planner for uses that are not specifically included or are not closely related to other uses included in the parking space requirement schedule. (Ord. No. 427AC) The city planner may require additional information, such as a parking analysis, a queuing analysis, a noise analysis, or other relatable information in order to analyze the proposed parking. HISTORY Amended by Ord. 663-AC on 10/24/2023 111.04.11 Other Commercial Uses Proposed commercial buildings without uses specified and confirmed (by lease or other legal agreement) shall provide one (1) parking space for every, two hundred fifty (250) square feet of gross floor area. Determining Parking Ratio by Employee Shift. The required minimum number of parking spaces for uses having a parking ratio based upon the number of employees, shall be determined by the employment shift with the greatest number of employees. (Ord. No. 427-AC)

Discretionary Approved projects shall include conditions of approval to prevent project modifications that trigger parking changes such as increasing building square footage, and operational changes such as increasing the number of employees.

1. The owners of adjoining properties may provide parking space in common if said parking area is secured by easement or other sufficient legal document, and provided the total number of parking spaces is equal to the required sum for each individual use or entity.

   1. Shared easement agreements shall run with the land and shall be reviewed by the City Staff and City Attorney prior to recordation.

   2. The easement review and recording fees shall be borne by the applicant.

2. Any use located within a parking assessment district formed under the provisions of this Code need not provide the required parking as specified in this part. (Ord. No. 427-AC) HISTORY Amended by Ord. 663-AC on 10/24/2023 111.04.13 Off-Street Parking Dimension Table All residential parking stalls shall be at least ten (10) feet wide, twenty (20) feet long, with a minimum of twenty-four (24) feet of back-up space. All off-street parking facilities, except residential, shall be designed and installed in accordance with Figure 50-1. (Ord. No. 427-AC) 111.04.14 Compact Car Parking

In commercial or industrial areas, where at least fifteen (15) parking stalls are provided, compact car parking stall may total up to thirty (30) percent of the required off-street parking. (Ord. No. 427-AC) 111.04.15 Employee Parking

Employee parking stalls shall be designed and located so they are distinct and separate from other parking on the site. Employees shall be prohibited from using off-street parking. (Ord. No. 427-AC) Figure 50-1. Off-Street Parking Dimension Table

111.04.16 Handicap Parking Requirements

1. Each lot or parking structure where parking is provided for the public as clients, guests, or employees shall provide accessible parking as required by this section. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance.

2. Number of handicap parking spaces required shall comply with the chart below:

6. Each parking space reserved for persons with physical disabilities shall be identified by a reflectorized sign permanently posted immediately adjacent to and visible from each stall or space, consisting of a profile view of a wheelchair with occupant in white on dark blue background. The sign shall not be smaller than seventy (70) square inches in area and, when in the path of travel, shall be posted at a minimum height of eighty (80) inches from the bottom of the sign to the parking space finished grade. Signs may also be centered on the wall at the interior end of the parking space at a minimum height of thirty-six (36) inches from the parking space finished grade, ground or sidewalk. Van spaces shall have an additional sign “van accessible” mounted below the symbol of accessibility.

posted at a minimum height of eighty (80) inches from the bottom of the sign to the parking space finished grade. Signs may also be centered on the wall at the interior end of the parking space at a minimum height of thirty-six (36) inches from the parking space finished grade, ground or sidewalk. Van spaces shall have an additional sign “van accessible” mounted below the symbol of accessibility.

7. An additional sign shall also be posted, in a conspicuous place, at each entrance to off-street parking facilities, or immediately adjacent to and visible from each stall or space. The sign shall be not less than seventeen (17) inches by twenty-two (22) inches in size with lettering not less than one (1) inch in height, which clearly and conspicuously states the following:

Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner’s expense. Towed vehicles may be reclaimed at ______________________________________________ or by telephoning _______________________.

111.04.17 Truck Loading And Unloading Space

All retail and wholesale stores, shopping centers, warehouses, supply houses, buildings devoted to manufacturing trade, hotels, hospitals or other buildings where large amounts of goods are received or shipped, shall provide adequate loading and unloading space. The number and minimum dimensions of loading spaces shall be determined by the city planner.

111.04.18 Parking Stall Identification

All parking stalls shall be delineated by a painted line or separated by a divider at least four (4) inches wide by the full length of each stall.

1. Each handicap parking stall shall be delineated by blue painted curb and lines, and by outlining a profile view of a wheelchair with occupant in white on blue background. The profile view shall be located so that it is visible when a vehicle is properly parked in the space and shall be thirty-six (36) inches high by thirty-six (36) inches wide.

2. Each employee parking stall shall be clearly labeled for “employee only.”

3. Each compact car parking stall shall be clearly labeled for “compact car only.”

4. Each guest parking stall shall be clearly labeled for “guest parking only.” (Ord. No. 427-AC)

111.04.19 Protective Wheel Stops

All parking stalls abutting sidewalks, planters, buildings and landscaped areas shall be provided with a permanent curb, bumper, wheel stop or similar device. The stopping edge of such protective wheel stop shall be placed two (2) feet from the edge of the sidewalks, planters or landscaped areas and from any buildings. Where the sidewalks or landscaped areas are specifically designed for automobile overhang and have thirty (30) inches additional depth then, such protective wheel stops may not be required, as determined by the city planner. (Ord. No. 427-AC)

111.04.20 Parking Located Off An Alley

All off-street parking, except parking for single-family and duplex residential uses, shall be designed so vehicles do not back out of the parking area into a public street. Utilizing a public alley for back up space is acceptable. For parcels in residential districts which abut both a street (designated on the city general plan land use map as either a “thoroughfare” or a “collector”) and an improved public alley, the vehicular ingress and egress shall be from the alley, and not from the street. (Ord. No. 427-AC)

111.04.21 Parking In Required Setback Areas

Required off-street parking for any residential use may be located in the required front yard or side yard setback area adjacent to a street. (Ord. No. 427-AC)

111.04.22 Parking Area Surfaces

All parking areas shall be surfaced with portland cement concrete, asphaltic concrete, brick or cobblestones. These surfaces shall be placed upon a base of crushed rock and asphalt millings, built to a thickness meeting the city engineer’s approval. (Ord. No. 427-AC)

111.04.23 Visibility From Parking Lot Drives

Each exit and entrance to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot is clearly visible for a distance of at least ten (10) feet along a walk or footpath intersecting the exit or entrance.

111.04.24 Screening And Landscaping

1. Except for those which serve single-family or two-family dwellings, all outdoor off-street parking spaces shall be screened on all sides where they adjoin, face or are across the street from a residential zone or developed residential properties. The design of all screening is subject to approval by the city planner.

2. Wherever a parking lot is adjacent to a street, a landscaped buffer at least ten (10) feet wide is required. Where the parking lot is adjacent to a side or rear property line or to an alley, a landscaped buffer at least five (5) feet wide is required. The required width of landscaped buffers is exclusive of curbing or allowance for vehicle overhang and is measured from the property line or street or alley right-of-way line.

3. All landscaped areas shall be completely enclosed by a six (6) inch continuous concrete curb. At any point where a curb around a landscaped area serves as a wheel stop, a vehicle overhang allowance of two (2) feet including the width of the curb shall be added to the landscaped area.

4. All portions of the parking area not used for automobile maneuvering and parking or for pedestrian walkways shall be landscaped.

5. All landscaped areas shall be provided with complete irrigation facilities.

6. At least five (5) percent of the interior of all parking areas shall be landscaped. In order to be included in this calculation, all landscaped areas must be at least five (5) feet wide in any dimension, exclusive of curbing and vehicle overhang allowances. Landscaped areas separating side by side parking spaces shall be a minimum of three (3) feet wide exclusive of curbs.

7. Ranks of fifteen (15) or more parking spaces shall be interrupted by a landscaped area at least three (3) feet wide exclusive of curbs. This landscaped area shall occur at intervals no greater than ten (10) spaces.

8. Drought resistant trees and native desert landscaping shall be a major design feature in all parking lots. (Ord. No. 427-AC)

111.04.25 Nonconforming Parking

Any building or entity whose parking area becomes substandard by the adoption of this part, providing that it was lawful prior thereto, shall be considered a nonconforming use. Such nonconforming use may continue. However, approval of the expansion of an on-site building or use, or change of use, which is served by a nonconforming parking lot, will be subject to the applicant providing the required additional parking stalls and areas or said expansion (building or use), or change of use, as stipulated in this part. (Ord. No. 427-AC)

111.04.26 Additional Requirements

The planning commission may make additional requirements in connection with off-street parking areas to protect the character of property in the city. Such regulations may include, but not be limited to, adequate screening by a fence or wall, landscaping or provisions for suitable surfacing and lighting. (Ord. No. 427-AC)

111.05 Loading Areas

1. Each nonresidential use shall provide off-street loading spaces as shown in the following table:

*Apron is an extension of the length of the loading space to provide for maneuvering of trucks. The apron may overlap an alley, driveway, parking aisle, or another loading space, but not a street or parking space.

2. No loading space shall be in a manner that, when occupied, blocks any driveway, parking space or access to a parking space.

3. Any door in a building where such door abuts a vehicular area and provides an opening of eight (8) feet or larger, shall be considered to be a loading door. No loading door or loading dock shall face a public street. All loading doors, loading docks, and truck maneuvering areas, whether required or not, shall be accessible and functional in accordance with truck maneuvering standards. (Ord. No. 427-AC)

Article XII Special Requirements For Certain Uses 112.01 Home Occupations 112.02 Retail Dry Cleaning

112.03 Restaurants Serving Alcoholic Beverages 112.04 Game Machine Arcades 112.05 Conversion Of Hotel, Motel Or Motor Hotel Rooms To Multi-Family Apartment Conversions 112.06 Emergency Shelters And Supportive And Transitional Housing 112.07 Employee Housing

HISTORY

Amended by Ord. 427-AC on 3/4/1996 Amended by Ord. 535-AC on 1/10/2012 Amended by Ord. 622-AC on 8/13/2019 Amended by Ord. 663-AC on 10/24/2023 112.01 Home Occupations

1. Purpose. The purpose of this section is to eliminate the detrimental effects of occupational activities in residential areas by setting forth reasonable and necessary limitations on such activities. 2. Uses Permitted. No home occupation shall be conducted which, in order to be successfully operated, would necessitate exceeding the limitations set forth in this section or any other provision of this part.

2. Limitations.

   1. Any sales activity shall be conducted only by mail or telephone. There shall be no direct sales of products or merchandise from the home, except for cottage food operations, or produce (fruit or vegetables) grown on the property.

   2. The individual responsible for the home occupation shall live in the dwelling.

   3. The space occupied by home occupations shall be limited to one (1) room in a dwelling unit or no more than twenty-five percent of the total square footage of the dwelling, whichever is less. Use of the garage for the home occupation may be permitted if such use does not obstruct required parking. The number of employees permitted by the home occupation shall be no more than one employee per 150 square feet of business space utilized by the home occupation, including the individual living in the dwelling.

   4. There shall be no interior or exterior remodeling or change in appearance of a dwelling in order to accommodate a home occupation.

   5. There shall be no signs, such as public advertising of the business address or other structures except those permitted for a dwelling use in the zone. 6. Employment in a home occupation shall be limited to members of the resident family.

3. There shall be no transportation by commercial vehicle of materials or other items used in or produced by the home occupation, except for those commercial vehicles intended for residential use.

   8. A home occupation shall not place any added burden or demand on utility services or community facilities.

   9. A home occupation shall not present any external evidence of nonresidential activity such as by appearance, noise, traffic, vibrations, odors, or lighting. (Ord. 427-AC, (part).).

4. No accessory building or space outside of the main building shall be used for the home occupation. No outdoor storage, including the storage or parking of vehicles associated with the use, shall be permitted.

5. Written authorization from the legal property owner approving use of the dwelling for the Home Occupation must be submitted with the application.

6. If the above conditions are maintained, home occupations are permitted in any dwelling through a business license.

1. Limitations. The following requirements shall apply to retail cleaning establishments located in any commercial zone: 1. All cleaning equipment shall utilize a synthetic solvent approved by the National Board of Fire Underwriters, the State Fire Marshall and the San Bernardino County fire wardens office or their designee. 2. The type and structural qualities of the building where such establishment is located shall be inspected and approved by the city’s building official. 3. There shall be not more than two (2) clothes cleaning units in each such establishment and each such unit shall have a rated capacity of not more than forty (40) pounds. (Ord. No. 427-AC, (part).) 112.03 Restaurants Serving Alcoholic Beverages 1. Purpose. The purpose of this section is to distinguish bona fide restaurants which incidentally serve alcoholic beverages from establishments which are primarily cocktail lounges or bars. 2. Requirements. 1. Any restaurant which serves alcoholic beverages and is located in a zone which does not permit cocktail lounges or bars, shall provide such alcoholic beverage service only as an incidental activity to the primary activity of food service. 2. Each such restaurant shall keep records of food sales separate from records of alcoholic beverage sales and make such records available to city inspection personnel for the purpose of enforcing this section. 3. At least fifty (50) percent of the indoor and outdoor area provided for the service of customers shall be arranged and equipped with tables and chairs and/or table-height counters for dining use. Any bar or lounge areas for the separate service of alcoholic beverages shall be separated from dining areas by partitions or fixed screens. (Ord. No. 427-AC, (part).) 112.04 Game Machine Arcades 1. Definitions. "Amusement Device." Any machine, game or device which may be played or operated by the public for amusement or recreation, the use of which is subject to the payment of a fee or is controlled by placing therein coins, slugs, discs, keys or similar devices. This definition includes video games, pinball machines, ski-ball games, shuffleboard games and games and devices of a similar nature. This definition does not include jukeboxes, vending machines and similar devices which do not involve an element of skill or chance. "Game Machine Arcade." An establishment where the predominant activity is the use of amusement devices, or that portion of any other establishment where four (4) or more amusement devices are available to the public. 2. Purposes. 1. It is found that game machine arcades create special problems of noise, congestion, interference with nearby activities, and policing. 2. The purposes of this section are to control the location, size and operation of game machine arcades in order to minimize adverse effects and promote compatibility with surrounding activities to the maximum extent possible. 3. Location and Use Approval. 1. A game machine arcade shall not be permitted in a location which would tend to produce a hazard or nuisance to other permitted uses and activities in the vicinity. 2. A game machine arcade shall be located at least six hundred (600) feet from any school, adult business, or another game machine arcade and at least three hundred (300) feet from any residential zone, cocktail lounge or bar. 4. Design and Operation. A game machine arcade shall be arranged in such a manner that all amusement devices and public spaces can be viewed from a single supervisory or cashier station. A responsible adult employee of the establishment shall be on duty throughout the hours that such establishment is open (Ord. No. 427-AC) 112.05 Conversion Of Hotel, Motel Or Motor Hotel Rooms To Multi-Family Apartment Conversions 1. It shall be unlawful for any owner or operator of a Hotel, Motel or Motor Hotel to rent or let or otherwise provide for compensation, any room or rooms therein to any person or persons for 30 or more days unless such Hotel, Motel or Motor Hotel complies with all development and use standards set forth in subsection (c) of this section and a Conditional Use Permit has been previously obtained pursuant to Section 94.00 through 94.18 of the Needles Municipal Code, converting all such rooms to individual Dwelling Units. 2. Development and Use Standards. Any Hotel, Motel or Motor Hotel applying for a Conditional Use Permit to convert all its rooms to Dwelling Units to allow renting of such Dwelling Units for longer than 30 days shall comply with all the following development and use standards: 1. All rooms in the Hotel, Motel or Motor Hotel must be converted to long term stay (at least thirty (30) days), and all Dwelling Units must meet the standards for Dwelling Units, as stated more fully below. 2. All Dwelling Units shall be available for inspection by City or County officials upon 24 hours written notice of intent to inspect during reasonable business hours. 3. Hotel, Motel or Motor Hotel structures may be expanded by increasing the footprint or the addition of a second story, where none exists, for the purposes of creating Dwelling Units. A Hotel, Motel or Motor Hotel seeking to convert to Dwelling Units pursuant to this Section 112.05, may be expanded by increasing the footprint for the Premises or the addition of a second story, by the granting of a Conditional Use Permit, which shall be based upon a finding by the City that the conditions present on the site are adequate to support the proposed use, protect the surrounding neighborhood meet the intended goals of providing affordable housing, and the development standards established for the zone in which the Premises are located. 4. It shall be unlawful for any tenant or other individual occupying any Dwelling Unit to fail to keep the Dwelling Unit and such other areas as may be assigned to the tenant for the tenant’s exclusive use in a clean and safe condition. Any Dwelling Unit found to be dirty, unhealthy or unsanitary must be cleaned within

velopment standards established for the zone in which the Premises are located. 4. It shall be unlawful for any tenant or other individual occupying any Dwelling Unit to fail to keep the Dwelling Unit and such other areas as may be assigned to the tenant for the tenant’s exclusive use in a clean and safe condition. Any Dwelling Unit found to be dirty, unhealthy or unsanitary must be cleaned within

velopment standards established for the zone in which the Premises are located. 4. It shall be unlawful for any tenant or other individual occupying any Dwelling Unit to fail to keep the Dwelling Unit and such other areas as may be assigned to the tenant for the tenant’s exclusive use in a clean and safe condition. Any Dwelling Unit found to be dirty, unhealthy or unsanitary must be cleaned within twenty-four (24) hours, as determined by the City representative, or the tenants and the owner/operator will be subject to citation and/or other legal remedies under the Needles Municipal Code. 5. All Dwelling Units must meet all the requirements of the International Building Code, Fire Code and Health and Safety Code for residential housing Dwelling Units, and all other standard requirements for residential Dwelling Units, except as provided for herein. 6. Each such Dwelling Unit shall have a living area of no less than 220 square feet for not more than two (2) occupants. An additional 100 square feet is required to be provided for each additional occupant. 7. Each Dwelling Unit shall have a separate closet for clothing. Such closet shall have a door. Another closet or cabinet space shall be provided for dry food storage and storage of cooking utensils and similar items. These facilities shall meet the requirements of the International Building Code. 8. Each Dwelling Unit shall be provided with a separate kitchen sink, cooking appliance and refrigeration facilities each having a clear working space of not less than 30 inches in front of said appliance and/or facility. The installation of the sink, cooking appliance and refrigeration facilities shall comply with the International Building Code for such installation within a residential building, including, but not limited to, light, ventilation and fire suppression. Any cooking appliance other than a microwave oven requires special ventilation and construction of walls near the cooking facility as provided for in the Uniform Building Code and the Fire Code. 9. The Dwelling Unit shall be provided with a bathroom containing a sink, toilet, and bathtub or shower or bathtub/shower combination in a separate room from the kitchen facilities. Such separate bathroom shall be provided with a door. 10. The presence of any abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on the Premises containing the Dwelling Units is unlawful for any period in excess of ten (10) days. The owner of the vehicle and/or the owner or operator of the Premises shall be subject to the penalties set forth within this Code. 11. Occupancy must be limited to adults unless otherwise approved by the terms of the Conditional Use Permit, after a finding that sufficient play areas for children in safe areas are incorporated into the design of the Premises, and that the Premises are and will continue to be operated in a manner that is does not expose children to improper surroundings or unhealthy conditions. 12. As a condition of approval, requirements may be set forth for improving the aesthetics and/or cleanliness standards of the Dwelling Units and Premises, including, but not limited to requiring landscaping, outside social areas, play areas, painting of exterior in colors that are harmonious with and enhance the surrounding area, painting interiors of rooms, cleaning or replacing carpeting, tile or other fixtures, or any other reasonable improvement determined by the Planning Commission to be consistent with the intent of this Section. 13. Prior to approval of any conversion of an existing Hotel, Motel or Motor Hotel to long term residences, all transient occupancy taxes must be current.

and enhance the surrounding area, painting interiors of rooms, cleaning or replacing carpeting, tile or other fixtures, or any other reasonable improvement determined by the Planning Commission to be consistent with the intent of this Section. 13. Prior to approval of any conversion of an existing Hotel, Motel or Motor Hotel to long term residences, all transient occupancy taxes must be current.

14. Parking requirements to be consistent with Needles Municipal Code requirements. Parking must be under common ownership with the residential Premises.

15. The Dwelling Unit shall be used for residential purposes only. No commercial uses may take place within the Dwelling Unit or on the Premises, except the operation of the Dwelling Units and any licensed store, restaurant or lounge approved therewith. No owner or operator may sell any liquor or tobacco or operate any other business on the Premises without being licensed to do so.

16. No Dwelling Unit may hold a garage or yard sale on the Premises, or hang laundry or clothing, have a barbecue grill, furniture or other personal items on the outside of the Dwelling Unit. Exceptions to this requirement may be made, and included in the Conditional Use Permit, after a finding that sufficient space exists to provide for outdoor furniture or barbeque grills,

consistent with the International Building Code and the Fire Code.

17. The tenant shall ensure that the Dwelling Unit is kept in a clean and sanitary condition so as not to encourage rodents or other pests or create any fire hazards or unsightly appearance inside or outside of the Dwelling Unit which tends to be a threat to the health, safety or welfare of the residents of the Premises or decrease the surrounding property values.

18. The owner and/or operator of the Premises shall comply with reasonable conditions imposed by the Planning Commission as a requirement of the Conditional Use Permit and/or under the Housing Code, Building code and Health and Safety Codes including, but not limited to, the following:

19. maintain the Dwelling Unit and the Premises in decent, safe and sanitary condition;

20. comply with requirements of applicable building codes, and housing codes materially affecting health and safety;

21. make necessary repairs to the Dwelling Unit;

22. keep the Premises, facilities and common areas, not otherwise assigned to the tenant for maintenance and upkeep, in a clean and safe condition;

23. maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances, including elevators, supplied or required to be supplied by the owner and/or operator;

24. provide and maintain appropriate refuse receptables for the deposit of ashes, garbage, rubbish and other waste removed from the Dwelling Unit by the tenant, in a centrally located area on the Premises. The receptacles shall not be visible from the nearby street or adjoining properties and shall be fully enclosed. Refuse shall not be permitted at a height greater than the enclosure in accordance; and

vide and maintain appropriate refuse receptables for the deposit of ashes, garbage, rubbish and other waste removed from the Dwelling Unit by the tenant, in a centrally located area on the Premises. The receptacles shall not be visible from the nearby street or adjoining properties and shall be fully enclosed. Refuse shall not be permitted at a height greater than the enclosure in accordance; and

7. supply running water and reasonable amounts of hot water and reasonable amounts of heat at appropriate times of the year (according to local custom and usage).

8. The owner, operator, tenant or other occupants of any room or rooms on the Premises or any part thereof, may be held responsible for any violation of the conditions and suffer the penalties and be subject to the remedies as outlined in Article XVIII of the Needles City Zoning Code.

112.06 Emergency Shelters And Supportive And Transitional Housing

1. Definitions.

• "Adult Care Facilities" means facilities that provide housing and care for adults, who have physical or mental limitations that restrict their ability to live independently. They offer assistance with personal care, social and recreational activities, and training in self-help skills.

"Disabled housing" means a range of housing types that address the diverse needs and preferences of persons with disabilities.

"Elderly housing" means housing intended for and only occupied by persons 62 years of age or older.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (as defined by California Health and Safety Code Section 50801(e)).

• "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (as defined by Government Code Section 65582) Supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

"Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people (as defined by Government Code Section 65582).

tal Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people (as defined by Government Code Section 65582).

• "Transitional housing" means a building or buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance (as defined by Section 50675.2 of the Health and Safety Code). Transitional housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Transitional housing does not include state licensed residential care facilities.

2. Emergency Shelters.

1. Purpose and Intent. It is the purpose of this section to facilitate and encourage the provision of emergency shelters for homeless persons and households by allowing permanent year-round emergency shelters without a conditional use permit or other discretionary action in the zones identified in the “Table of Permissible Uses” zoning districts, subject only to the same development standards that apply to other permitted uses in the same zones, except for the following requirements unique to emergency shelters, as authorized by Government Code Section 65583(a)(4).

2. Permit Requirements.

   1. Emergency shelter facilities shall comply with all federal and California State licensing requirements.

3. Emergency shelter facilities shall comply with all applicable Uniform Building Codes, Plumbing Codes and Fire Codes, including maximum occupancy restrictions.

4. Minimum Site Design and Development Standards. An emergency shelter is subject to all property development standards of the zoning district in which it is located except as modified by the following standards:

   1. The maximum number of beds or persons to be served nightly by an emergency shelter shall be thirty-four (34).

   2. Off-street parking shall include one (1) vehicle parking space per employee on the largest shift. A covered and secure area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of eight (8) bike parking spaces.

   3. Exterior lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public right-of-way, and of an intensity compatible with the neighborhood.

   4. Security shall be provided for residents, visitors and employees during the hours that the emergency shelter is in operation.

   5. On-site management shall be provided. The agency or organization operating the shelter shall comply with the following requirements:

5. Temporary shelters shall be available to residents for more than six (6) months within a twelve (12) month period. The days of stay need not be consecutive.

   2. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

   3. The provider shall have a written management plan including, as applicable provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling and treatment programs for residents.

   4. Appropriately sized and located exterior and interior on-site waiting and intake areas shall be provided.

   5. Laundry facilities or services shall be provided that are adequate for the number of residents.

   6. Emergency shelter facilities shall provide a refuse storage area that is completely enclosed with masonry walls not less than five (5) feet high with a solid-gated opening that is large enough to accommodate standard-sized trash and recycling bins, or other enclosures as approved by the Director of Community Development. The refuse enclosure shall be accessible to refuse collection vehicles.

   7. The facility may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

      1. Central cooking and dining room(s).

      2. Recreation room.

      3. Counseling center.

      4. Child care facilities.

      5. Other supportive services.

   8. Organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 9:00 p.m. for noise abatement purposes.

   9. No individual or household shall be denied emergency shelter because of an inability to pay. (Ord 622-AC)

HISTORY Amended by Ord. 663-AC on 10/24/2023 112.07 Employee Housing

1. Qualified employee housing providing accommodations for six or fewer employees, pursuant to Health and Safety Code Section 17021.5(b), shall be deemed a single-family dwelling and is allowed in residential zones. Qualified employee housing is subject to all Municipal Codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.

2. Qualified employee housing providing accommodations for seven or more employees and consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household, pursuant to Health and Safety Code Section 17021.6(b), shall be deemed an agricultural land use and is allowed in such zones for agricultural use or an equivalent agricultural zone within a City approved Sectional Planning Area plan or Specific Plan. Qualified employee housing is subject to all Municipal Codes, regulations and other standards generally applicable to other agricultural activity in the same zone.

HISTORY Adopted by Ord. 663-AC on 10/24/2023 Article XIII Recreational Vehicle (RV) Parks 113.00 Recreational Vehicle Parks

(Ord. No. 427-AC)

113.00 Recreational Vehicle Parks

1. General.

   1. Recreational vehicle parks shall be permitted in the CRR (commercial residential resort) zone with a special use permit.

2. Recreational vehicle parks may be permitted in some residential zones and the C-3 (highway commercial) zone with an approved conditional use permit.

3. Application Process--Procedures.

   1. The plan proposal submitted to the planning department shall include facilities or any other provision required by and acceptable for approval by the state and local health departments and any other jurisdictional agency to whom it will be submitted for review.

   2. Ten (10) copies of the plans and all necessary fees shall be deposited with the planning department for distribution to the city engineer and other jurisdictional agencies for their evaluation prior to approval or hearing by the planning commission.

   3. RV park plans shall be prepared, stamped and signed by a California registered engineer in accordance with California state statutes and rules. 4. If a zone change or conditional use permit is required, the necessary applications, fees and other material may be submitted for processing simultaneously with the RV park plans. If desired or appropriate, the developer/applicant may elect to have any zoning action processed and heard by the planning commission and city council prior to submittal of the RV park plans. In addition to any zoning action, park plans must be approved by the city council after receiving a recommendation from the planning commission.

   • Within fifteen (15) days from deposit of the park plan, the city planner or his designee shall review the park plan, preferably with the subdivider, as it relates to the following:

     1. City general plan;

     2. Suitability of the site for development proposed;

     3. The improvements, design and dedications required by these regulations and those of other jurisdictions;

     4. Zoning requirements;

     5. All information, documents, maps and fees including evaluations by the various agencies/departments shall be submitted to the city planner at least ten (10) working days prior to the next planning commission meeting date;

     6. Fee. Two hundred fifty dollars ($250.00) plus one dollar ($1.00) for each RV space;

4. Any substantial changes in design, after approval by the planning commission, shall invalidate that approval, and the plan shall be reprocessed as a new proposal; 8. Approval by the planning commission and the city council shall be conditioned on approval by the other jurisdictional reviewing agencies.

5. Plan Design and Format. All applications for recreational vehicle parks shall contain the following: complete park plans and specifications of the RV park depicting but not limited to:

   1. Names and addresses of the applicant(s), owner(s), and project engineer;

6. Title and vicinity map showing the location and legal description of the park including the location of existing roads, existing or proposed access to the park and the nature and status of the access road;

7. North arrow, date of preparation, scale, source and date of topography information as established by field or aerial survey methods;

8. The complete boundary of the park, area and dimensions of the tract of land and the density of the park;

9. Existing (and proposed) zoning and location of any existing development or structures within the park boundary;

10. Proposed method and source of water supply, sewage disposal, fire protection, electricity, phone, etc. (general statement);

11. Number, location, dimensions, and sizes of all spaces. Each space shall be numbered;

12. Location and width dimensions of all roadways, walkways, and the entrance/exit way including the access road;

13. Location and amount of parking and/or storage area;

14. Location, size and description of the recreation area(s) or other amenities;

15. Drainage arrows depicting direction of drainage flows;

16. Location of water and sewer lines, riser pipes, fire hydrants (if applicable) and the electrical layout and proposed lighting;

17. Dimension, location and nature of all buildings or facilities to be constructed in the park;

18. Plans and specifications of the water supply, refuse and sewage disposal and sanitary facilities;

19. Engineer’s stamp and date of preparation.

20. Additional Accompanying Materials. The following material shall accompany the submittal of all RV park plans. If this data is not on the park plan, ten (10) copies are required. 1. A statement regarding the nature of the proposed improvements within the park, including but not limited to roadways, parking areas, access road, method of sewage disposal, water supply and distribution, screening, landscaping and extent and nature of recreational facilities;

    2. A description of how streets and spaces will be numbered or identified for emergency vehicle response;

    3. A descriptive statement of the design concept and traffic circulation system of the park;

    4. Rezone or conditional use permit application and fees, if applicable;

    5. Drainage report.

21. Park Design and Improvement Standards.

    1. Environmental Requirements.

22. General. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed, in the opinion of the planning commission, to objectionable smoke, noise, odors or other adverse influences, and not portion subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

    2. Site drainage. The ground surface in all parts of every recreational vehicle park shall be graded and equipped to drain all surface water in a safe, efficient manner.

23. Recreational parks shall be a minimum of three (3) gross acres.

24. RV Space Dimensions. The following dimensions and standards shall apply to RV spaces:

Overnight and compact spaces may comprise no more than twenty (20) percent (one-fifth (1/5)) of the total number of recreational vehicle spaces within the park. Overnight spaces shall be located to facilitate entry to and exit from the park without being in conflict with the primary park users and area.

Compact spaces shall be limited to trailer-tents, vans, compact trailers and rigs of similar size requiring lesser area.

1. Lot measurements: measured width and depth on perpendicular distance between the side lot lines and the front and rear lot lines, respectively.

2. Each lot shall be accessible from an approved private street or accessway.

3. Each recreational park shall have access on a major collector or larger street.

4. Recreational Vehicular Separation and Set-backs.

Separations. Recreational vehicles and any portion thereof shall be separated from each other and from other buildings and structures by at least ten (10) feet on all sides. Parking pads for recreational vehicles shall be so arranged as to comply with the requirements for a ten (10) foot separation between recreational vehicles as well as the required RV space setback.

Setbacks.

1. No lot or space shall be located within fifty (50) feet of the right-of-way line at any major street or within twenty-five (25) feet of the right-of-way line of any major street unless such space is adequately screened from the street.

2. The minimum space setback for recreational vehicles shall be observed as follows:

Front: five (5) feet.

Side: three (3) feet. If the side fronts on an interior street, the side back shall be five (5) feet.

Rear: three (3) feet. If the space is designed as a drive-through space, then five (5) feet shall be the minimum setback for the area.

5. Lot Improvements. Each space shall be provided water from a controlled water system, each space shall be provided sewage disposal from a central community sewage disposal system, and each space shall be provided electricity.

Each space shall have paved parking pad to be a minimum of ten (10) feet in width by a minimum of forty (40) feet in length (ten (10) feet by forty (40) feet and shall extend to the street. Where drive-through spaces are provided, said paved pads shall extend across the space from street to street. “Compact” and “overnight” spaces shall be paved or graveled parking pad with a minimum width of ten (10) feet and a minimum length of thirty (30) feet.

If provided, barbecue pits or fire rings and related setbacks thereof shall be subject to approval by the governing fire district.

6. RV Park Density. The overall maximum allowed density permitted for recreational vehicle parks shall be twenty (20) recreational vehicle spaces per acre (less area proposed for manager’s residence, dedicated rights-of-way.)

7. Recreational Area Requirements. Recreational and/or usable common, open areas shall be provided and conveniently accessible to all park guests and shall be no less than seven (7) percent of the total park area. Floor space in enclosed or open recreation halls and/or recreational amenities may be included in the requirement. The recreation open area requirements shall not include parking, streets, or incidental landscaped or open parcels not suitable or intended for recreational use. 8. Screening.

8. A solid masonry wall having a minimum thickness of six (6) inches and height of six (6) feet shall be installed and maintained along the setback line where a property line abuts an arterial street or residential property.

9. A six (6) foot high opaque screen shall be provided along all setback lines where the property abuts any collector or lessor streets and along the property lines where the property abuts an alley and/or common interior lot line. The opaque screen may consist of a wall or a fence having an approved hedge or plant screen.

10. The height of a wall shall be measured from the highest grade level. 4. In cases where “overnight” and/or tent spaces are provided, acceptable screening shall be provided to the extent necessary to screen and separate these types of spaces from the primary portion of the RV park.

11. Landscaping. 1. The setback between a required wall and property line shall be landscaped. 2. All common outdoor recreational living spaces shall be landscaped except for pools, shuffleboards and similar open recreational facilities. 3. All required landscaping shall be maintained with a permanent watering system. 4. A landscaping plan depicting the screening and landscaping scheme for all required landscaped areas shall be submitted. Where trees and shrubbery are required or used in recreational areas, said landscaping plan shall indicate the plant type, size, quantity and spacing.

12. Parking. 1. No on-street parking shall be allowed with any RV park. 2. Adequate off-street parking shall be provided for automobiles, boats, etc. One (1) space for every two (2) lots shall be the minimum provided. Additional parking spaces or added storage area may be required by the planning commission when warranted by special conditions or circumstances such as but not necessarily limited to, the size, nature and location of the park.

13. Each RV space shall have adequate room for at least one (1) parking space in addition to the RV pad.

14. Streets and Access--Park Street System. 1. Access to recreational vehicle park lots shall be internal private drive only. No lot shall have direct access to a public street or way. 2. Entrances to recreational vehicle parks shall be designed to minimize congestion and traffic hazards through designated driveways and allow free movement of traffic on adjacent streets.

15. Park street width shall be at least twenty (20) feet if one (1) way and twenty-four (24) feet if two (2) way.

16. All internal streets must be improved to minimum applicable city standards for paved streets (except width). Specific required standards as determined by the planning commission shall relate to and depend on (but not limited to) such factors as park size, site character, density, drainage, site (soils) type, character and use of surrounding lands, amount of park traffic, proximity to urban or developed areas, input from the city engineer, etc. 5. Dead-end streets shall be limited to serve no more than twelve (12) lots and shall be provided at the closed end with a turn-around having an outside roadway diameter of at least sixty (60) feet. 12. For parks with roads serving more than twelve (12) sites, these roads shall be continuous and return to a public road or way. 13. Service Buildings (where applicable). 1. All service buildings shall be convenient to the units which they serve, and shall be maintained in a clean and sanitary condition. 2. All service buildings shall be of permanent construction and in accordance with local requirements. 3. Facilities in service buildings such as lavatories, toilets, showers, etc., shall be provided and constructed in accordance with state and local health department requirements. 14. Sanitary Stations (where provided). 1. Sufficient facilities shall be provided for sanitary stations for the sole purpose of removing and disposing of waste from all holding tanks in a clean, efficient and convenient manner. 2. Sanitary stations shall be approved by the county health department. (Ord. 427-AC) Article XIV Mobile-Home Parks 114.00 Mobile-Home Parks (Ord. No. 427-AC) 114.00 Mobile-Home Parks 1. General. 1. Mobile-home parks shall be permitted in the CRR (commercial residential resort) zone. 2. Mobile-home parks may be permitted in any residential zone and the C-3 (highway commercial) zone with an approved conditional use permit. 2. Application Process--Procedures. 1. All proposals submitted to the planning department and city shall be in a form required by and acceptable to, pursuant to city requirements, the provisions of CEQA (California Environmental Quality Act), state and local health departments, and other jurisdictions to whom it will be submitted. 2. City Permits. A city building permit, and if required, a conditional use permit, shall be required for a mobile-home park. 3. Any substantial changes in design after approval by the planning commission shall invalidate that approval, and the plan shall be reprocessed as a new proposal. 4. Open storage of materials or belongings is prohibited. 3. All applications for mobile-home parks shall contain the following, on or with the map submitted: 1. Names and addresses of applicant(s), property owner(s), designer and engineer, if applicable; 2. Location and legal description of proposed park; 3. Plans and specifications showing, but not necessarily limited to the following (ten (10) copies of plans to be submitted): 1. Area and dimensions of the tract of land, 2. Number, location and size of all lots. Each lot shall be numbered, and the dimensions of all measurements shown, 3. Location and width of all roadways and walkways, 4. Proposed method for collection and disposal of solid waste, 5. Location of all water and sewer lines and riser pipes, 6. Plans and specifications for the water supply, sanitary sewer lines, and sewage disposal facilities (as required by the State Health Department), 7. Dimensions and locations of all buildings to be constructed within the park, 8. General location of lighting and electrical systems, 9. Topographic map and drainage plan shall be submitted, 10. The plan shall be drawn at a scale of either one (1) inch equals fifty (50) feet, one (1) inch equals one hundred (100) feet or one (1) inch equals two hundred (200) feet, 11. Fee: three hundred dollars ($300.00) plus two dollars ($2.00) for each mobile-home lot; 4. If a conditional use permit is required, complete information, including evaluations by the various departments responsible for reports, shall be received by the planning staff at least ten (10) working days prior to the next planning commission meeting date; 5. Recreational vehicles in mobile-home parks; designated areas: 1. In any new mobile-home park that is developed after January 1, 1982, mobile-home spaces shall not be rented for the accommodation of recreational vehicles unless the mobilehome park has a specifically designated area within the park for recreational vehicles, which is separate and apart from the area designated for mobile-homes. Recreational vehicles may be located only in the specifically designated area. 2. Any new mobile-home park that is developed after January 1, 1982, is not subject to the provisions of subsection (c) (5) (A) of this section until seventy-five (75) percent of the spaces have been rented for the first time. 4. Environmental Requirements. 1. General. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health and safety of the occupants. The site shall not be exposed, in the opinion of the planning commission, to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards. 2. Site Drainage. The ground surface in all parts of every mobile-home park shall be graded and equipped to drain all surface water in a safe, efficient manner. 5. Mobile-Home Park Design Standards. 1. Minimum Parcel Size and Allowable Density. 1. Mobile-home parks shall be a minimum of five (5) gross acres. Variation may be allowed by a conditional use permit. 2. The maximum permitted density shall be ten (10) units per gross acre.

in all parts of every mobile-home park shall be graded and equipped to drain all surface water in a safe, efficient manner. 5. Mobile-Home Park Design Standards. 1. Minimum Parcel Size and Allowable Density. 1. Mobile-home parks shall be a minimum of five (5) gross acres. Variation may be allowed by a conditional use permit. 2. The maximum permitted density shall be ten (10) units per gross acre.

2. Access and Streets. 1. Site Access. 1. Each mobile-home park shall have access on a major collector or larger street.

3. Mobile-home parks shall have secondary access for emergency service vehicles unless specifically waived by the planning commission. Said secondary access may be barricaded in a manner approved by the fire chief.

2. Park Street System.

  1. Access to mobile-home lots shall be by internal drive only. No lot shall have direct access to a public street or way. 

  2. Entrances to mobile-home parks shall be designed to minimize congestion and traffic hazards through designated driveways and to allow free traffic movement on adjacent streets. 

  3. Minimum street width for all streets within a mobile-home park shall be twenty-five (25) feet. 

  4. The construction of base paving, curbs and gutters on all private streets shall be approved by the city engineer. 

  5. The surface drainage along the street within the mobile home park shall be by means of concrete gutters. 

  6. A lighting system shall be installed along all streets, said lighting systems to be approved by city staff. 

3. Screening Requirements. 1. A solid masonry wall having a minimal thickness of six (6) inches and height of six (6) feet shall be installed and maintained along the setback line where a property line abuts an arterial street or residential zone.

4. A six (6) foot high opaque screen shall be provided along all setback lines where the property abuts any collector or lesser streets and along the property lines where the property abuts an alley and/or common interior lot line. The opaque screen may consist of a wall or a fence having an approved hedge or plant screen.

5. The height of a wall or fence shall be measured from the highest grade level.

6. Setback Requirements.

   1. Where exterior property lines abut a street there shall be a minimum building setback of ten (10) feet.

   2. Where exterior property lines do not abut a street there shall be a minimum building set back of five (5) feet.

7. The minimum distance required for the separation of a mobile-home from a building shall be ten (10) feet. 4. The minimum distance required for the separation of a mobile-home from any other mobile-home shall be: ten (10) feet from side to side, eight (8) feet from side to rear, and six (6) feet from rear to rear; provided, however that each mobile-home shall not be located closer than three (3) feet from the rear or side mobile-home lot line.

8. Accessory structure including awnings and carports shall not be located closer than three (3) feet from a lot or property line.

9. Parking.

   1. No on-street parking shall be allowed within any mobile-home park.

10. Adequate off-street parking shall be provided for automobiles, boats, etc.

11. If desired, parking may be provided in a central location, convenient to all homes, for use by visitors and residents. Such parking area must be paved and adequately illuminated at night. One (1) of the two (2) required parking spaces for each lot may be located in such a parking areas.

12. Landscaping.

    1. The setback between a required wall and property line shall be landscaped.

    2. All common outdoor recreational living spaces shall be landscaped except for pools, shuffleboards and similar open recreational facilities.

    3. Each occupied space shall contain at least one (1) live fifteen (15) gallon tree.

    4. All required landscaping shall be maintained with a permanent watering system.

13. A landscaping plan depicting the screening and landscaping scheme for all required landscaped areas shall be submitted. Where trees and shrubbery are required or used in recreational areas, said landscaping plan shall indicate the plant type, size, quantity and spacing.

14. Recreational Areas. 1. Common recreational areas shall be provided for the benefit of residents based on the minimum standard of two hundred (200) square feet of recreational area for each permitted mobile-home space.

15. Recreation areas shall be so located as to be free of traffic hazards, and shall, where topography permits, be centrally located or adjacent to existing waterway.

16. Park Accessory Building. 1. All accessory buildings and uses such as laundromats, maintenance buildings, and refuse collection areas, shall be convenient to the units they service, and shall be maintained in a clean and sanitary condition.

17. Trash storage areas shall be provided and distributed throughout the park. Said trash storage areas shall be screened from public view by a solid wall. 3. All accessory buildings shall be of permanent construction.

    4. Such accessory buildings shall require a city building permit.

18. Signs.

    1. All signs shall conform to the provisions of the city sign ordinance.

19. All utilities shall be underground. (Ord.427-AC)

Article XV Nonconforming Situations 115.00 Continuation Of Nonconforming Situations 115.01 Nonconforming Lots 115.02 Extension Or Enlargement Of Nonconforming Situations 115.03 Repair, Maintenance And Reconstruction 115.04 Change In Use Of Property Where A Nonconforming Situation Exists 115.05 Abandonment And Discontinuance Of Nonconforming Situation 115.06 Completion Of Nonconforming Projects

(Ord. No. 427-AC)

115.00 Continuation Of Nonconforming Situations

Unless otherwise specifically provided in this part and subject to the restrictions and qualifications set forth in sections 115.01 through 115.06, nonconforming situations that were otherwise lawful on the effective date of this part may be continued. (Ord. 427-AC) 115.01 Nonconforming Lots

1. Determination of Nonconforming Status. A nonconforming lot of record that does not comply with the current access, area, or dimensional requirements of this title for the zoning district in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this section. The applicant shall be responsible for providing sufficient evidence to establish the applicability of one or more of the following to the satisfaction of the Development Services Director or their designee.

   1. Approved Subdivision. The lot was created through a subdivision approved by the City or the County, before incorporation.

   2. Individual Lot Legally Created by Deed. The lot is under one ownership and record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the lot nonconforming or before the City adopted regulations requiring a Parcel Map for minor subdivisions.

2. Variance or Lot Line Adjustment. The lot was approved through the variance procedure or its current configuration resulted from a lot line adjustment. 4. Partial Government Acquisition. The lot was created in conformity with the provisions of this title, but was made nonconforming when a portion of the lot was acquired by a governmental entity.

3. When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the entity authorized by this part to issue a permit for the proposed use (the city planner, planning commission, or council) may allow deviations from the applicable setback requirements if it finds that: 1. The property cannot reasonably be developed for the use proposed without such deviations;

   2. These deviations are necessitated by the size or shape of the nonconforming lot; and

   3. The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.

4. For purposes of subsection (c) of this section, compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

5. This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it. A change in use of a developed nonconforming lot may be accomplished.

6. Subject to the following sentence, if, on the date this section becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this section.

7. Parking. The City shall not require additional parking stalls for residential uses proposed on nonconforming lots. (Ord. 427-AC)

HISTORY Amended by Ord. 663-AC on 10/24/2023 115.02 Extension Or Enlargement Of Nonconforming Situations

1. Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. Physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

   1. An increase in the total amount of space devoted to a nonconforming use; or

   2. Greater nonconformity with respect to dimensional restrictions such as setback requirement, height limitations or density requirements or other requirements such as parking requirements.

2. Subject to subsection (d) of this section, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this part, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building.

3. Subject to Section 115.06 (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., a sand pit) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming if ten (10) percent or more of the earth products had already been removed on the effective date of this part.

4. The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other subsections of this section occur.

5. Notwithstanding subsection (a) of this section, any structure used for single-family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities with respect to such matters as setback and parking requirements. This subsection is subject to the limitations stated in section 115.05 (abandonment and discontinuance of nonconforming situations).

tial purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities with respect to such matters as setback and parking requirements. This subsection is subject to the limitations stated in section 115.05 (abandonment and discontinuance of nonconforming situations).

6. Notwithstanding subsection (a) of this section, whenever: (1) there exists a lot with one (1) or more structures on it; and (2) a change in lot use that does not involve any enlargement of a structure is proposed for such lot; and (3) the parking and loading requirements that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking and loading, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation. However, the applicant shall be required to comply with all applicable parking and loading requirements that can be satisfied without acquiring additional land and shall also be required to obtain satellite parking if: (1) parking requirements cannot be satisfied on the lot with respect to which the permit is required; and (2) such satellite parking is reasonably available.

7. If such satellite parking is not reasonably available at the time of zoning or special or conditional use permit is granted then the permit recipient shall be required to obtain it when it does become reasonably available. This requirement shall be a continuing condition of the permit. (Ord. 427-AC)

115.03 Repair, Maintenance And Reconstruction

1. Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than twenty-five (25) percent of the appraised valuation of the structure to be renovated may be done only in accordance with a zoning permit issued pursuant to this section.

2. If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed twenty-five (25) percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this section. This subsection does not apply to structures used for single-family residential purposes, which structures may be reconstructed pursuant to a zoning permit as they may be enlarged or replaced as provided in section 115.02.

3. For purpose of subsections (a) and (b) of this section:

   1. The “cost” of renovation, repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement. 2. The “cost” of renovation, repair or replacement shall mean the cost of all such intended work, and no person may seek to avoid the intent of subsections (a) or (b) of this section, by doing such work incrementally.

4. The “appraised valuation” shall mean the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation determined by a professionally recognized property appraiser.

5. The city planner shall issue a permit authorized by this section if he or she finds that, in completing the renovation, repair or replacement work:

   1. No violation of section 115.02 will occur; and

   2. The permittee will comply to the extent reasonably possible with all provisions of this part applicable to the existing use (except that the permittee shall not lose his right to continue nonconforming use).

6. Compliance with a requirement of this part is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. (Ord. 427-AC)

115.04 Change In Use Of Property Where A Nonconforming Situation Exists

1. A change in the use of property (where a nonconforming situation exists) that is sufficiently substantial to require a new zoning, special use, or conditional use permit may not be made except in accordance with subsections (b) through (d) of this section. However, this requirement shall not apply if only a sign permit is needed.

2. If the intended change in use is to a principal use that is permissible in the district where the property is located, and all the other requirements of this part is applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this part is achieved, the property may not revert to its nonconforming status.

3. If the intended change in use is to a principal use that is permissible in the district where the property is located, but all the requirements of this par applicable to that use cannot reasonably be complied with, then the change is permissible if the entity authorized by this part to issue a permit authorizes the change. This permit may be issued if the permit-issuing authority finds, in addition to any other findings that may be required by this part, that:

   1. The intended change will not result in a violation of section 115.02; and

4. All the applicable requirements of this part that can be reasonably complied with will be complied with. Compliance with a requirement of this part is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. And in no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconformities would thereby be created.

   4. If the intended change in use is to another principal that is also nonconforming, then the change is permissible if the entity authorized by this part to issue a permit for that particular use (council) issues a permit authorizing the change. The permit-issuing authority may issue the permit if it finds, in addition to other findings that may be required by this part, that:

      1. The use requested is one (1) that is permissible in some zoning districts with either a zoning, special use, or conditional use permit; and

      2. All the conditions applicable to the permit authorized in subsection (c) of this section are satisfied; and

5. The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for. (Ord. 427-AC)

115.05 Abandonment And Discontinuance Of Nonconforming Situation

1. When a nonconforming use is: (1) discontinued for a consecutive period of one hundred eighty (180) days; or (2) discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may therefore be used only for conforming purposes.

2. If the principal activity on property where a nonconforming situation other than a nonconforming use exists is: (1) discontinued for a consecutive period of one hundred eighty (180) days; or (2) discontinued for any period of time without present intention resuming that activity, then the property may thereafter be used only in conformity with all of the regulations applicable in the preexisting use unless the entity with authority to issue a permit for the intended use issues a permit to allow the property to be used for this purpose without correcting the nonconforming situations. This permit may be issued if the permit-issuing authority finds that eliminating a particular nonconformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which nonconformities need not be corrected.

ons. This permit may be issued if the permit-issuing authority finds that eliminating a particular nonconformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which nonconformities need not be corrected.

3. For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all the buildings, activities, and operations maintained on a lot are generally to be considered. For example, the failure to rent one (1) apartment in a nonconforming apartment building for one hundred eighty (180) days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

4. When a structure or operation made nonconforming by this part is vacant or discontinued at the effective date of this part, the one hundred eighty (180) day period for purposes of this section begins to run on the effective date of this part. (Ord. 427-AC)

115.06 Completion Of Nonconforming Projects

1. All nonconforming projects on which construction was begun at least one hundred eighty (180) days before the effective date of this part, as well as all nonconforming projects that are at least ten (10) percent completed in terms of the total expected cost of the project on the effective date of this part may be completed in accordance with the terms of their permits, so long as these permits were validity issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this subsection shall apply only to the specific phase under construction.

2. Except as provided in subsection (a) of this section, all work on any nonconforming project shall cease on the effective date of this part, and all permits previously issued for work on nonconforming projects may begin or may be continued only pursuant to a zoning, special use, conditional use, or sign permit issued in accordance with this section by the individual or board authorized by this part to issue permits for the type of development proposed. The permit-issuing authority shall issue such a permit if it finds that the applicant has, in good faith, made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the land use law as it existed before the effective date of this part and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these finds may be made, the permit-issuing authority shall be guided by the following, as well as other relevant considerations:

therwise changed his position in some substantial way in reasonable reliance on the land use law as it existed before the effective date of this part and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these finds may be made, the permit-issuing authority shall be guided by the following, as well as other relevant considerations:

  1. All expenditures made to obtain or pursuant to a validly issued and unrevoked building, zoning, sign or special or conditional use permit shall be considered as evidence of reasonable reliance on the land use law that existed before this part became effective. 

  2. Except as provided in subsection (b) (1) of this section, no expenditures made more than one hundred eighty (180) days before the effective date of this part may be considered as evidence of reasonable reliance on the land use law that existed before this part became effective. An expenditure is made at the time a party incurs a binding obligation to make that expenditure. 

  3. To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made some expenditure to acquire a potential development site if the property obtained is approximately as valuable under the new classification as it was under the old, for the expenditure can be recovered by a resale of the property. 

  4. To the extent that a nonconforming project can be made conforming and that expenditures made, or obligations incurred can be effectively utilized in the completion of a conforming project, a party shall not be considered prejudiced by having made such expenditures. 

5. An expenditure shall be considered substantial if it is significant both in dollar amount and in terms of: (A) the total estimated cost of the proposed project; and (B) the ordinary business practices of the developer.

   6. A person shall be considered to have acted in good faith if actual knowledge of a proposed change in the land use law affecting the proposed development site could not be attributed to him. 7. Even though a person had actual knowledge of a proposed change in the land use law affecting a development site, the permit-issuing authority may still find that he acted in good faith if he did not proceed with his plans in a deliberate attempt to circumvent the effects of the proposed ordinance. The permit-issuing authority may find that the developer did not proceed in an attempt to undermine the proposed ordinance if it determines that; (A) at the time the expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed ordinance would prohibit the intended development; and (B) the developer had legitimate business reasons for making expenditures.

eloper did not proceed in an attempt to undermine the proposed ordinance if it determines that; (A) at the time the expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed ordinance would prohibit the intended development; and (B) the developer had legitimate business reasons for making expenditures.

3. When it appears from the developer’s plans or otherwise that a project was intended to be or reasonably could be completed in phases, stages, segments, or other discrete units, the developer shall be allowed to complete only those phases or segments with respect to which the developer can make the showing required under subsection (b) of this section. In addition to the matters and subject to the guidelines set forth in subsections (b)(1) through (6) of this section, the permit-issuing authority shall, in determining whether a developer would be unreasonably prejudiced if not allowed to complete phases or segments of a nonconforming project, consider the following in addition to other relevant factors:

4. Whether any plans prepared or approved regarding uncompleted phases constitute conceptual plans only or construction drawings based upon detailed surveying, architectural, or engineering work;

5. Whether any improvements, such as streets or utilities, have been installed in phases not yet completed, 3. Whether utilities and other facilities installed in completed phases have been constructed in such a manner or location or such a scale, in anticipation of connection to or interrelationship with approved but uncompleted phases, that the investment in such utilities or other facilities cannot be recouped if such approved but uncompleted phases are constructed in conformity with existing regulations.

6. The permit-issuing authority shall not consider any application for the permit authorized by subsection (b) of this section that is submitted more than sixty (60) days after the effective date of this part. The permit-issuing authority may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one (1) year.

7. The city planner shall send copies of this section to the persons listed as owners for tax purposes (and developers, if different from the owners) of all properties in regard to which permits have been issued for nonconforming projects or in regard to which a nonconforming project is otherwise known to be in some stage of development. This notice shall be sent by certified mail not less than fifteen (15) days before the effective date of this part.

8. The permit-issuing authority shall establish expedited procedures for hearing applications for permits under this section. These applications shall be heard, whenever possible, before the effective date of this part, so that construction work is not needlessly interrupted. (Ord. 427-AC) Article XVI Change Of Zone And Pre-Zoning 116.00 Zone Change 116.01 Pre-Zoning (Ord. No. 427-AC) 116.00 Zone Change

permit-issuing authority shall establish expedited procedures for hearing applications for permits under this section. These applications shall be heard, whenever possible, before the effective date of this part, so that construction work is not needlessly interrupted. (Ord. 427-AC) Article XVI Change Of Zone And Pre-Zoning 116.00 Zone Change 116.01 Pre-Zoning (Ord. No. 427-AC) 116.00 Zone Change

1. Any ordinance which changes any property from one (1) zone to another shall be considered in accordance with the procedures set forth in this section.

2. Initiation. A zone change may be initiated by order of the city council or the planning commission, or by application of the owner of affected property or an agent of said owner authorized in writing. 3. Commission Hearing. On a proposed zone change, at least one (1) public hearing shall be held by the planning commission. Notice of such hearing shall be given by notice to property owners within three hundred (300) feet.

3. Commission Recommendation. The planning commission shall make written findings and recommendations to the city council on each proposed zone change. Such report shall include: 1. Explanation of the relationship to the general plan and any applicable specific plans; 2. Consideration of the effect of the proposal on the housing needs of the region balanced against the public service needs of city residents and the fiscal and environmental resources available.

4. Further Action or Appeal. 1. If the planning commission recommends against a proposed zone change, no further action by the city council is required unless an appeal is filed. 2. If the planning commission recommends approval of a zone change, the city council shall take action on such recommendation.

5. Council Hearing. 1. If the city council considers a proposed zone change, at least one (1) hearing shall be held. Notice of such hearing shall be given by notice to property owners within three hundred (300) feet.

6. If the city council proposes any modification from the commission recommendation which was not previously considered by the commission, the proposal shall be referred back to the commission for report and recommendation, but further commission hearing is not required.

7. Council Action. Action to adopt a zone change shall be by ordinance. When an ordinance for a zone change has been considered by the council but not adopted within one (1) year of introduction, the proceeding shall be considered null and void. New proceedings must be initiated in order to consider the matter further. (Ord. 427-AC)

116.01 Pre-Zoning 1. The city may pre-zone areas outside the city for the purpose of determining the zoning that will apply to such property in the event of annexation to the city. Such zoning shall become effective when property is annexed.

2. In any petition for the annexation of property to the city, the petitioner shall request in his petition how he desires the property to be zoned, provided the same is annexed by the city. Copies of the petition shall be filed with the city planning commission, and the planning commission may immediately give notice of its intention to consider the petition for annexation and for zoning the property as requested at two (2) hearings before the planning commission. Said notice shall be by one (1) publication by a newspaper circulated in the city giving notice of its intention to recommend annexation and recommend the zoning of the property if annexation is completed. Notice shall be so given by publication at least ten (10) days prior to the first hearing, the planning commission shall make its recommendation to the city council by resolution. The recommendation of the planning commission shall be final, unless an appeal to the city council is made within thirty (30) days, or the city council may act upon the matter without such an appeal, if done so within forty-five (45) days from the date of the recommendation. After receiving such recommendation, the city council shall by resolution give notice of the filing of the petition, the proposal to annex and its proposal to zone the property in a specific way, provided such annexation is completed.

3. Said notice of zoning shall be consolidated with a notice for annexation of property to the city and shall comply with the law for the requirements of both notices of annexation and for zoning. 4. Upon the hearing of the proposal to annex and zone, in addition to the ordinance for annexation, the city council shall zone the property in the manner required by law, pursuant to the notice and upon the completion of said annexation, the zoning of the property shall automatically take effect. (Ord. 427-AC)

Article XVII Occupancy 117.00 Certificate Of Occupancy (Ord. No. 427-AC) 117.00 Certificate Of Occupancy 1. No vacant land shall be occupied or used, and no building, hereinafter erected, structurally altered, or moved, shall be occupied or used until a certificate of occupancy shall have been issued by the building department.

2. Certificates of occupancy for a new building, or the enlargement, alteration or moving of an existing building, shall be applied for coincidentally with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building shall have been completed in conformity with the provisions of this part.

3. Certificates of occupancy for use of vacant land, or the change in the use of land, or the change in the use of the land as herein provided, shall be applied for before any such land shall be occupied or used for any purpose except that tilling the soil and the growing therein of farm, garden or orchard products, and a certificate of occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with the provision of this part.

he change in the use of the land as herein provided, shall be applied for before any such land shall be occupied or used for any purpose except that tilling the soil and the growing therein of farm, garden or orchard products, and a certificate of occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with the provision of this part.

4. Certificates of occupancy shall state that the building, or proposed use of a building or land, complies with all the building and health laws and ordinances and with the provisions of this part. A record of all certificates shall be kept on file in the office of the building department and copies shall be furnished on request, to any person having a proprietary or tenancy interest in the building or land affected. No fee shall be charged for an original certificate; for all other certificates or for copies of any original certificate there shall be a charge of two dollars ($2.00) each.

5. Certificates of occupancy for nonconforming uses existing at the time of the passage of the ordinance codified in this part or any amendment thereto shall be issued by the building department, and the certificate shall state that the use is a nonconforming use and does not conform with the provisions of this part.

6. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy. (Ord. 427-AC)

Article XVIII Enforcement And Review 118.00 Enforcement 118.01 Complaints Regarding Violations 118.02 Persons Liable 118.03 Penalty

118.04 Permit Revocation 118.05 Judicial Review (Ord. No. 427-AC) 118.00 Enforcement

1. It shall be the duty of the planning department to enforce the ordinance codified in this part. All departments, officials and public employees of the city, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this part and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this part; and any such permit or licenses issued in conflict with the provisions of this part shall be null and void.

2. The provisions of this part shall be interpreted and administered by the planning commission whose inspectors or authorized representatives shall have the right to enter upon any premises affected by this part for purposes of inspection.

3. Any building or structure erected or maintained, or any use of property, contrary to the provisions of this part shall be, and the same is declared to be, unlawful and a public nuisance and the city attorney shall immediately commence actions and proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this part. (Ord. 427-AC)

nment thereof, in the manner provided by law; and shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this part. (Ord. 427-AC)

118.01 Complaints Regarding Violations Whenever the city planner receives a written, signed complaint alleging a violation of this part, he/she shall investigate the complaint, take whatever action is warranted, and inform the complaint in writing what actions have been or will be taken in accordance with section 118.00(c). (Ord. 427-AC) 118.02 Persons Liable The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this part may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided. (Ord.427-AC) 118.03 Penalty Any person, firm or corporation, whether as principal, agent, employees or otherwise, violating any provision of this part shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by fines and/or imprisonment in accordance with the San Bernardino County bail schedule. Each day that violation of this part continues shall be considered a separate offense. (Ord. 427-AC) 118.04 Permit Revocation 1. A zoning, sign, special use, or conditional use permit may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this part, or any additional requirements lawfully imposed by the permit-issuing board.

2. Before a conditional use or special use permit may be revoked, all of the notice and hearing and other requirements of article V shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation. 1. The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in subsection (a) of this section shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.

   2. A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.

3. Before a zoning or sign permit may be revoked, the city planner shall give the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the city planner shall provide to the permittee a written statement of the decision and the reasons thereof. 4. No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, special use or conditional use permit after such permit has been revoked in accordance with this section. (Ord. 427-AC) 118.05 Judicial Review 1. Every decision of the city council granting or denying a conditional use permit and every final decision of the planning commission shall be subject to review by the Superior Court of San Bernardino County by proceedings in certiorari. 2. The petition for writ of certiorari must be filed with the San Bernardino County clerk of court within thirty (30) days after the later of the following occurrences: 1. A written copy of the commission or council’s decision has been filed in the office of the city clerk; and 2. A written copy of the decision has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case. 3. A copy of the writ of certiorari shall be served upon the city. (Ord.427-AC) Article XIX Validity And Repeals 119.00 Validity 119.01 Repeals (Ord. No. 427-AC) 119.00 Validity If any section, subsection, paragraph, sentence, clause or phrase of this part is for any reason held to the invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this part, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 427-AC) 119.01 Repeals 1. Part III of the Needles Municipal Code in its entirety is hereby repealed and all ordinances of the city inconsistent herewith to the extent of such inconsistency, and no further, are hereby repealed. 2. The repeal of any of the above-included ordinances does not revive any other ordinance or portion thereof repealed by said ordinances. 3. Such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any ordinances repealed hereby for an offense committed prior to the repeal. (Ord. 427-AC) Article XX Enactment Of Ordinance Codified In This Part 120.00 Enactment (Ord. No. 427-AC) 120.00 Enactment The ordinance codified in this part shall take effect and be in force thirty (30) days after date of its passage and shall within fifteen (15) days from the date of its passage be published in the said City of Needles, State of California, together with the names of the members of the city council voting for and against same. (Ord. 427-AC) Article XXI Adult Oriented Businesses 121.00 Purpose And Intent 121.01 Definitions 121.02 Establishment And Classification Of Businesses Regulated 121.03 Measurement Of Distance 121.04 Severability 121.05 Other Zoning Controls In Full Force And Effect 121.06 Variance (Ord 428-AC, 569-AC) 121.00 Purpose And Intent It is the purpose and intent of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented

and intent of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented

businesses. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content or any communicative materials, deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult oriented entertainment to their intended market. Neither is it the intent nor effect of the article to condone or legitimize the distribution of obscene material. (Ord. No. 428)

121.01 Definitions

For the purposes of this article, certain terms and words are defined as follows:

"Adult oriented business" means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theatre, adult theatre, massage parlor, sexual encounter establishment, escort agency or nude model studio. Under no circumstances shall a “Massage Establishment” as defined in 12-221 be considered an “Adult Oriented Business”. Adult oriented businesses are those businesses defined as follows: (Ord 569-AC)

1. "Adult arcade" means an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

2. "Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which: (A) has as a significant or substantial portion of its stock-in-trade; or (B) derives a significant or substantial portion of its revenues; or (C) devotes a significant or substantial portion of its interior floor or display space; or (D) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one (1) or more of the following: 1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas,

' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one (1) or more of the following: 1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas,

2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, 3. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one (1) of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.

3. "Adult cabaret" means a nightclub, bar, restaurant "bottle shop," or similar commercial establishment, whether or not alcoholic beverages are served, which features: (A) persons who appear nude or in a state of nudity or seminude; (B) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (C) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

4. "Adult motel" means a motel, hotel or similar commercial establishment which: (A) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this adult oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (B) offers a sleeping room for rent for a period of time less than ten (10) hours; or (C) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten (10) hours.

5. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

6. "Adult theatre" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.

7. "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, for sexual purpose, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

8. "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. 9. "Massage parlor" deleted (Ord 569-AC)

9. "Regularly features or regularly shown" with respect to an adult cabaret, adult theatre, or adult motion picture theatre means at least three (3) times within any thirty (30) day period; or carried on as part of the business' routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.

10. "Seminude model studio" means any place where a person, who appears in a state of semi nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. The definition of adult oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

11. "Sexual encounter establishment” means a business or commercial establishment, that as one (1) of its important business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one (1) or more of the persons is in a state of nudity or seminude.

shment” means a business or commercial establishment, that as one (1) of its important business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one (1) or more of the persons is in a state of nudity or seminude.

13. "Significant or substantial portion" means such a percentage of its activities, space allocation, revenues, advertising targeting, stock-in-trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the adult oriented portion of the business is one (1) of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that thirty-three (33) percent or more of its revenues are derived from such adult oriented activities or materials, or that thirty-three (33) percent or more of its interior floor space or display space is devoted to such adult oriented activities or materials, or that thirty-three (33) percent or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such adult oriented materials, all as defined in subsection (b)(1) and (2) of this section, shall be evidence that a significant or substantial portion of the business is devoted to such uses.

14. "Employee" means a person who works or performs in and/or for an adult oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

15. "Establishment" means and includes any of the following:

16. The opening or commencement of any such business as a new business;

17. The conversion of an existing business, whether or not an adult oriented business, to any of the adult oriented businesses defined in this article;

18. The addition of any of the adult oriented businesses defined in this article to any other existing adult oriented business;

19. The relocation of any such adult oriented business; or

20. The substantial enlargement of any such adult oriented business.

"Nudity or state of nudity” means: (1) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (2) a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

"Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

"Permitted or licensed premises" means any premises that requires a license and/or permit and that is classified as an adult oriented business.

"Permittee and/or licensee" means a person in whose name a permit and/or license to operate an adult oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

"Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.

"Public building" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States.

"Public park" or "recreation area" means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

"Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

"Residential district" means an area zoned for single-family homes, duplexes, town homes, multiple family residences, mobile home parks or subdivisions, and recreational vehicle parks, as defined in the Needles zoning ordinance codified in this part.

"School" means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

"Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

"Specified anatomical areas," as used herein means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

• "Specified criminal acts" means acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another adult oriented business included but not limited to distribution of obscenity or material harmful to minors, prostitution or pandering.

"Specified sexual activities," as used in this article means and includes any of the following:

1. The fondling or other intentional touching of human genitals for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

2. Masturbation, actual or simulated;

3. Human genitals in a state of sexual stimulation, arousal or tumescence; or

4. Excretory functions as part of or in connection with any of the activities set forth in subdivisions (a) through (d) of this definition.

• "Transfer of ownership or control of an adult oriented business" means and includes any of the following:

  1. The sale, lease or sublease of the business;

2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; 3. The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. No. 428-AC) 121.02 Establishment And Classification Of Businesses Regulated The establishment of any adult oriented business shall be permitted only in the highway commercial zone located north of the Needles Highway/I-40 interchange, west of Needles Highway, and shall be subject to the following restrictions. No person shall cause or permit the establishment of any of the following adult oriented businesses, as defined in this article, within six hundred (600) feet of another such business or within six hundred (600) feet of any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park, or any public building regularly frequented by children, or any residence: 1. Adult arcade; 2. Adult bookstore, adult novelty store or adult video store; 3. Adult cabaret; 4. Adult motel; 5. Adult Motion Picture Theater; 6. Adult theater; 7. Massage parlor; 8. Sexual encounter establishment; 9. Escort agency; or 10. Nude model studio. (Ord. No. 428-AC, 569-AC) 121.03 Measurement Of Distance Distance between any two (2) adult oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult oriented business and any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or public building regularly frequented by children or any residence shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where adult oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park, public building regularly frequented by children, or any residence. (Ord. No. 428-AC) 121.04 Severability If any section, subsection or clause of this article shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby. The city council declares its intention that each section, subsection and clause of this article would have been enacted without any clause, subsection or section which may be determined by a court to be invalid or unenforceable. (Ord. No. 428-AC) 121.05 Other Zoning Controls In Full Force And Effect An adult oriented business is required to apply for and obtain all other permits required by this part and to comply with all other requirements of this part, notwithstanding that it complies with the requirements of this article. (Ord. No. 428-AC) 121.06 Variance A variance to the provisions of this article may be granted if strict application of this article would violate the applicant's Constitutional Rights. Upon such application, the city council is authorized to waive any of the requirements of this article if the applicant shows, to the satisfaction of the city council, that strict enforcement of the provisions of this article would violate the applicant’s Constitutional rights. (Ord. No. 428-AC)