Chapter 17.22 — NONCONFORMING PROVISIONS

This chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with the standards and requirements of this title and are operated in a manner that does not conflict with the general plan. To that end, the chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the general plan and public health, safety, and general welfare.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The provisions of this chapter apply to structures and uses that have become nonconforming by adoption of this title as well as structures and uses that become nonconforming due to subsequent amendments to its text or to the zoning map.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Any lawfully established use or structure that is in existence on the effective date of this title or any subsequent amendment thereto but does not comply with the standards and requirements of this title shall be considered nonconforming.

A.

A nonconformity may result from any inconsistency with the requirements of this title including, but not limited to, use, location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved use permit or other required authorization.

B.

A use or structure shall not be deemed non-conforming solely because it does not conform with loading space requirements and landscape planting area regulations of the district in which it is located.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

Nonconforming uses are classified as follows for the purpose of determining whether to permit substitution or expansion subject to the requirements of the following sections, or to require the elimination of the nonconforming use.

A.

Class I Nonconforming Use. Class I nonconforming uses are those that do not meet the current standards and requirements of this title but are compatible with the uses of the surrounding properties, including those described in subsections A.1 and A.2, below, or as determined by the planning commission pursuant to Subsection A.3, below. Class I nonconforming uses are generally treated like conforming uses and may expand and remain indefinitely, subject to the limitations of this chapter.

1.

Residential Uses. Any nonconforming residential use shall be classified as a Class I nonconforming use.

2.

Warehousing and Storage and Wholesaling and Distribution. Warehousing and storage and wholesaling and distribution that were lawful when established and in existence on the effective date of this title (February 25, 2018) shall be classified as a Class I nonconforming use.

3.

Other Non-residential Uses. Non-residential uses other than warehousing and storage and wholesaling and distribution may be classified as a Class I nonconforming use with the approval of a minor use permit by the planning commission. Class I non-residential nonconforming classification status shall only occur upon approval of a minor use permit by the planning commission. The classification of a nonconforming nonresidential use by planning commission as a Class I nonconforming use shall be optional and shall be based on written application by the property owner or his/her designee, which shall include evidence that the use was legally established and information related to the findings required herein.

a.

Designation. Class I nonconforming uses are designated by the planning commission following a public hearing, with notice as required by Chapter 17.31, Common Procedures, and based on the following findings. The planning commission's decision on the designation of a Class I nonconforming use may be made concurrent with the planning commission's decision on an application for an expansion or substitution of the use. The required findings for Class I nonconforming use designation/expansion/substitution are:

i.

The nonconforming use was legally established;

ii.

The continuation, proposed expansion, or substitution of the nonconforming use would not be detrimental to public health, safety, or general welfare; and

iii.

With the exception of the nonconforming use, the continuation, proposed expansion, or substitution would not be inconsistent with the general plan and would not preclude or interfere with implementation of any applicable city specific plan.

b.

Considerations. In making the required findings, the planning commission shall consider the following factors as they relate to the nonconforming use:

i.

Noise;

ii.

Traffic generation;

iii.

Hours of operation;

iv.

Noxious or annoying emissions of odor, smoke, waste water or other matters;

v.

Proximity of the use to conforming uses;

vi.

Extent and severity of nonconformity;

vii.

Effect of the nonconforming use on surrounding conforming uses;

viii.

Character of the surrounding neighborhood, including the number and proportion of nonconforming uses;

ix.

Access to the nonconforming use;

x.

Maintenance of the nonconforming use; and

xi.

Any other factors the planning commission deems relevant given the purposes of this chapter.

c.

Conditions. When making its decision on an application for an expansion or substitution of a Class I nonconforming use, the planning commission may establish conditions that are necessary to accomplish the purposes of this chapter, including, but not limited to:

i.

Required improvement of, or modifications to existing improvements on, the property;

ii.

Limitations on hours of operations;

iii.

Limitations on the nature of operations; and

iv.

A specified term of years for which the expanded or substituted nonconforming use shall be allowed.

B.

Class II Nonconforming Use. Class II nonconforming uses are those that should be replaced at some time in the future in order to implement the general plan's and any applicable specific plan's long term objectives, but are not detrimental to surrounding properties due to health, safety, or substantial aesthetic impacts. Class II nonconforming uses include any nonconforming non-residential use that has not been designated as a Class I or Class III nonconforming use.

1.

Class II nonconforming uses may remain in operation but are subject to restrictions on expansion as set forth in Subsection 17.22.060.A, Expansion, and on substitution of uses as set forth in Subsection 17.22.060.E, Substitutions.

2.

The city council may establish amortization periods for specific Class II nonconforming uses on a case-bycase basis pursuant to Section 17.22.100, Establishment of Amortization Periods.

3.

Class II nonconforming uses may not be reestablished or resume business if the Class II nonconforming use has been destroyed or damaged at a level equal to or greater than fifty percent of the value of the nonconforming use business. The determination of the appraised value shall be made by a professional appraiser selected by the city, whose fee shall be paid by the business owner.

C.

Class III Nonconforming Use. Class III nonconforming uses are those designated as a public nuisance by the city council following a public hearing, with notice as required by Chapter 17.31, Common Procedures.

Prior to city council consideration of the matter, the planning commission shall conduct a noticed public hearing and provide a recommendation on the designation to the city council. The Class III nonconforming use designation shall be based on a finding that the use is detrimental to public health, safety, or general welfare, or materially injurious to properties or improvements in the vicinity.

1.

The city council shall establish an amortization period for each Class III nonconforming use pursuant to Section 17.22.100, Establishment of Amortization Periods.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Any use or structure that was lawfully established prior to the effective date of this title or of any subsequent amendments to its text or to the zoning map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure or use therein; or no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter.

A.

The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership, tenancy, or management.

B.

The right to continue a nonconforming use or structure shall not apply to uses or structures determined by the planning commission or city council as described in this chapter to be a public nuisance arising from conditions that constitute a threat to public health, safety or general welfare.

C.

The right to continue a nonconforming use or re-occupy a nonconforming structure shall terminate if the nonconforming use has been abandoned or the nonconforming structure has been vacated for the relevant period of time described in Section 17.22.110, Abandonment of Nonconforming Uses.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Nonconforming uses shall not be expanded, modified, or substituted for another classification of a nonconforming use except as provided below:

A.

Expansion. A Class I or Class II nonconforming use may expand the area it occupies, including floor area of the occupied structure, all or part of another structure, and area of the subject lot, subject to planning commission approval of a conditional use permit in accord with Chapter 17.35, Use Permits.

B.

Absence of Permit. Any use that is nonconforming solely by reason of the absence of a conditional use permit may be changed to a conforming use by obtaining the appropriate conditional use permit pursuant to the requirements in Chapter 17.35, Use Permits.

C.

Substitutions. A nonconforming use may be substituted with a Class I or a Class II nonconforming use as follows:

1.

Substitution of a Class I or Class II nonconforming use with a Class I nonconforming use. The director may allow substitution of a Class I or Class II nonconforming use with a Class I nonconforming use, subject to the approval of a minor use permit.

2.

Substitution of a Class II nonconforming use with a Class II nonconforming use. The planning commission may allow substitution of a Class II nonconforming use with a Class II nonconforming use, subject to approval of a conditional use permit.

3.

Required Findings. In addition to any other findings required by this title, the review authority must find that the proposed new use will be no less compatible with the purposes of the district and surrounding uses that comply with the requirements of this title than the nonconforming use it replaces.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.22.070 - Maintenance of and additions and enlargements to nonconforming structures.

Nonconforming structures may be continued and maintained in compliance with the following provisions.

A.

Maintenance and Repairs. Structural and non-structural maintenance, repair, and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge the structure, change the building footprint, or increase building height or roof pitch.

B.

Additions. Additions to and/or enlargements of nonconforming structures are allowed if the addition or enlargement complies with all applicable laws and requirements of this title, the use of the addition/enlarged area of the property is authorized by this title, and there is no increase in the discrepancy between existing conditions and the requirements of this title, except as provided below:

Nonconforming Setbacks, Residential Districts. In residential districts, a nonconforming interior side or rear yard may be maintained and extended, and shall not be considered an increase in the discrepancy, provided that:

a.

A new encroachment into any other required yard is not created;

b.

The height of the portion of the structure that is within the required setback is not increased; and

c.

Any residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.22.080 - Repair and replacement of damaged or destroyed nonconforming structures.

A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with them, may be restored or rebuilt subject to the following provisions.

A.

Restoration When Damage is Fifty Percent or Less of Value. If the cost of repair or reconstruction is less than or equal to fifty percent of the appraised value of the structure, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed. The determination of the appraised value shall be made by a professional appraiser selected by the city, whose fee shall be paid by the building owner.

B.

Restoration When Damage Exceeds Fifty Percent of Value. If the cost of repair or reconstruction exceeds fifty percent of the appraised value of the structure, as determined pursuant to Subsection A above, the land and building shall be subject to all of the requirements of this title, except as provided below:

1.

Warehousing and Storage and Wholesaling and Distribution Structures in Employment Districts. Warehousing and storage and wholesaling and distribution structures in employment districts may be replaced provided that the replaced portions are the same size, extent, and configuration as previously existed.

2.

Other Non-Residential Structures. Any nonconforming use must permanently cease. The planning commission may approve a conditional use permit for the structure to be rebuilt to the same size, extent,

and configuration as previously existed provided that the use of the structure is permitted or conditionally permitted in the zone. In such cases any expansion or change to the previous use must conform to the requirements of this chapter.

3.

Residential Structures. Any nonconforming residential structure may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed subject to a zoning clearance in the case of single-unit dwellings or a conditional use permit approval in the case of other residential uses, unless the review authority finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood.

C.

Timing. Building permits must be obtained within two years of the date of the damage or destruction and construction shall be diligently pursued to completion unless another time period is specified through conditional use permit approval. Building permits must be maintained valid through the completion of the project.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.22.090 - Elimination of nonconforming uses, structures and signs.

A.

Elimination of Nonconforming Uses.

1.

Nonconforming Uses Not Occupying a Structure or Occupying a Structure with Valuation Less Than Two Thousand Five Hundred Dollars. The following nonconforming uses shall be discontinued and removed from their sites within three year(s) from the effective date of this title:

a.

A nonconforming use which does not occupy a structure; or

b.

A nonconforming use occupying a structure having an appraised valuation of less than two thousand five hundred dollars.

2.

Class II Nonconforming Uses. The city council may require Class II nonconforming uses to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Section 17.22.100, Establishment of Amortization Periods.

Class III Nonconforming Uses.

a.

Class III nonconforming uses shall be discontinued and removed from their sites within a period to be determined by the city council, pursuant to the process set forth in Section 17.22.100, Establishment of Amortization Periods.

b.

Class III nonconforming uses may also, upon order from the city or a court order, be subject to immediate cessation of the nonconforming use.

B.

Elimination of Nonconforming Signs or Structures.

1.

Nonconforming Sign with Valuation Less Than Five Thousand Dollars. A nonconforming sign or outdoor advertising structure valued at less than five thousand dollars shall be removed within two years from the time the sign or outdoor advertising structure becomes nonconforming unless it was nonconforming for at least three years at the time this title was adopted, in which case it shall be removed within five years from adoption of this title.

2.

Nonconforming Structure with Valuation Less Than Five Thousand Dollars. A structure having an appraised valuation of less than five thousand dollars, which does not comply with the title standards for lot coverage, setbacks, height, distances between structures or usable open space shall be removed from its site within three years from the effective date of this title, except that if the structure is altered to comply with such standards, this provision shall not apply.

3.

Other Nonconforming Structures. Nonconforming structures, excluding those structures referenced in paragraphs 1 and 2 above, may continue except that the city council may establish amortization periods for specific structures pursuant to Section 17.22.100, Establishment of Amortization Periods.

C.

Time for Elimination When Use, Structure, or Sign Becomes Nonconforming. Whenever a use, structure, or sign becomes nonconforming, the period of time prescribed in this chapter for the elimination of the use or the removal of the structure or sign is computed from the effective date of the change that results in the nonconforming status of the use, structure or sign.

D.

Burden of Proof. The burden of proof as to the nonconforming status of any use, structure, or sign shall rest with the property owner and/or resident.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Where a period during which a nonconforming use or structure is to be discontinued and removed from their site is to be established, such period shall be established as follows:

A.

The community development director shall submit the nonconforming use or structure and a recommended amortization period, based on the criteria in Section (C)(1) herein, to the planning commission for review;

B.

The planning commission shall hold a public hearing, noticed pursuant to Chapter 17.31, Common Procedures, to consider the recommended amortization period. Following the public hearing, the planning commission shall make a recommendation on the proposed amortization period to the city council.

C.

After receiving the recommendation from the planning commission, the city council shall hold a public hearing, noticed pursuant to Chapter 17.31, Common Procedures, to consider the recommended amortization period.

1.

The city council may establish a maximum time for which the nonconforming use shall be permitted to continue after considering the following in relation to the use, structure or sign:

a.

The amount of investment or original cost of the use, structure, or sign;

b.

The present actual or depreciated value of the use, structure, or sign;

c.

The remaining useful life of the use, structure or sign;

d.

The remaining term of the lease;

e.

The date or dates of construction;

f.

Amortization of the business or structure for tax purposes;

g.

The salvage value;

h.

The threat to the public health, safety, and welfare posed by the continuance of the nonconforming use; and

i.

Other factors as appropriate.

2.

The time period established by the city council shall be no less than three years in length.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

No nonconforming use may be resumed, reestablished, reopened, or replaced by any other nonconforming use after the nonconforming use has been abandoned or vacated for a period of six months or, in the case of Class I nonconforming uses, ten years. A Class I nonconforming use may be resumed, reestablished, or reopened without a conditional use permit after the Class I nonconforming use has been abandoned or vacated for a period less than ten years.

A.

Abandonment. The six-month, or, in the case of Class I nonconforming uses, ten-year, period shall commence when the use ceases to operate and any one of the following occurs:

1.

The site is vacated;

2.

Utilities are terminated; or

3.

The applicable lease is terminated.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The provisions of this chapter are in addition to existing state law authority to declare and abate a public nuisance pursuant to California law and other applicable provisions of the Municipal Code. In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the city pursuant to the Municipal Code and Chapter 17.41, Enforcement and Abatement Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.23 - PARKING AND LOADING

The specific purposes of the on-site parking and loading regulations are to:

A.

Ensure that adequate off-street parking and loading facilities are provided for new land uses and major alterations to existing uses;

B.

Minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles within parking lots;

C.

Ensure that adequate off-street bicycle parking facilities are provided and promote parking lot designs that offer safe and attractive pedestrian routes;

D.

Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots and, where appropriate, create buffers from surrounding land uses;

E.

Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of required spaces in transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand; and

F.

Reduce urban run-off and heat island effect.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The requirements of this chapter apply to the establishment, alteration, expansion, or change in any use or structure, as provided in this section.

A.

All New Buildings and Land Uses. On-site parking and loading in accordance with this chapter shall be provided at the time any main building or structure is erected or any new land use is established.

B.

Existing Non-Residential Buildings.

1.

When a change in use, expansion of a use, or expansion of floor area creates an increase of ten percent or more in the number of required on-site parking or loading spaces, additional on-site parking and loading shall be provided for such addition, enlargement, or change in use and not for the entire building or site.

2.

The existing parking and loading shall be maintained.

3.

If the number of existing parking or loading spaces is greater than the requirements for such use, the

number of spaces in excess of the prescribed minimum may be counted toward meeting the parking and loading requirements for the addition, enlargement, or change in use.

4.

A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant.

5.

Additional parking and loading spaces are not required for the reconstruction of an existing building when there is no increase in floor area.

C.

Existing Residential Buildings. On-site parking in accordance with this chapter shall be provided where there is an expansion of existing floor area of thirty percent or more or where additional dwelling units are created through the alteration of an existing building or construction of an additional structure or structures.

D.

When Constructed. On-site parking and loading facilities required by this chapter shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Existing Parking and Loading to be Maintained. No existing parking and/or loading serving any use may be reduced in amount or changed in design, location or maintenance below the requirements for such use, unless equivalent substitute facilities are provided.

B.

Nonconforming Parking or Loading. An existing use of land or structure shall not be deemed to be nonconforming solely because of a lack of on-site parking and/or loading facilities required by this chapter, provided that facilities used for on-site parking and/or loading as of the date of adoption of this title are not reduced in number to less than what this chapter requires.

C.

Accessibility. Parking and loading areas must be accessible for its intended purpose during all hours of operation.

D.

Stacked Parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. If stacked parking managed by an attendant is used for required parking spaces, an acceptable form of guarantee must be filed with the director ensuring that an attendant will be present while the lot is in operation.

A.

Minimum Number of Spaces Required. Each land use shall be provided at least the number of on-site parking spaces stated in Table 17.23.040, Required On-Site Parking Spaces. The parking requirement for any use not listed in Table 17.23.040 shall be determined by the director based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.

se shall be provided at least the number of on-site parking spaces stated in Table 17.23.040, Required On-Site Parking Spaces. The parking requirement for any use not listed in Table 17.23.040 shall be determined by the director based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.

B.

Calculation of Required Spaces. The number of required parking spaces shall be calculated according to the following rules:

1.

Floor Area. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated.

Employees. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.

3.

Bedrooms. Where an on-site parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standards of the building code as a sleeping room shall be counted as a bedroom.

4.

Students. Where a parking or loading requirement is stated as a ratio of parking spaces to students (including children in day care), the number is assumed to be the number of students at the state-certified capacity or at building code occupancy where no state-certification is required.

5.

Seats. Where parking requirements are stated as a ratio of parking spaces to seats, each eighty inches of bench-type seating at maximum seating capacity is counted as one seat.

C.

Sites with Multiple Uses. If more than one use is located on a site, the number of required on-site parking spaces and loading spaces shall be equal to the sum of the requirements calculated separately for each use unless a reduction is approved pursuant to Section 17.23.050, Parking Reductions.

D.

CMU District. Supplementary standards are as follows:

1.

No on-site parking is required for the first five thousand square feet of ground floor non-residential use. Ground floor non-residential uses greater than five thousand square feet in size shall provide parking in accordance with Table 17.23.040, Required Number of On-Site Parking Spaces, for the floor area in excess of five thousand square feet.

For the Old Town Specific Plan Area, supplementary regulations in Section 17.14.060 also apply.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018; Ord. No. 532, § 4(Exh. B), 1014-2021)

The number of on-site parking spaces required by Section 17.23.040, Required Parking Spaces, may be reduced as follows, subject to minor use permit approval.

A.

Transit Accessibility. For any land use except residential single-unit and two-unit development, if any portion of the lot is located within one-quarter mile of a transit stop with regular, scheduled service during the weekday hours of 7:00 a.m. to 9:00 a.m. and 5:00 p.m. and 7:00 p.m., the number of required parking spaces may be reduced by twenty percent of the normally required number of spaces.

B.

Shared Parking. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced up to forty percent if the review authority finds that:

1.

The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;

2.

The proposed shared parking provided will be adequate to serve each use;

3.

A parking demand study prepared by an independent traffic engineering professional approved by the City supports the proposed reduction; and

4.

In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared consistent with the provisions of Section 17.23.060.C, Off-Site Parking Facilities.

C.

Other Parking Reductions. Required parking for any use may be reduced as follows:

1.

Criteria for Approval. The review authority may only approve reduced parking if it finds that:

a.

Special conditions—Including, but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program—exist that will reduce parking demand at the site;

b.

The use will adequately be served by the proposed on-site parking; and

c.

Parking demand generated by the project will not exceed the capacity of or have a significant impact on the supply of on-street parking in the surrounding area.

2.

Parking Demand Study. In order to evaluate a proposed project's compliance with the above criteria, submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces may be required.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.23.060 - Location of required parking.

A.

Residential Uses. Required parking for residential uses shall be on the same lot as the dwelling or use they serve or in an off-site facility as provided in Subsection 17.23.060.C, Off-Site Parking Facilities. Parking shall not be located within a required front or street-facing side yard.

B.

Non-residential Uses. Required parking spaces serving non-residential uses shall be located on the same lot as the use they serve, or in an off-site parking facility as provided in Subsection C.

C.

Off-Site Parking Facilities. Parking facilities for uses other than single-unit dwellings, two-unit dwellings, and second units may be provided off-site with director approval of a minor use permit provided the following conditions are met.

1.

Location.

a.

Residential Uses. Any off-site parking facility must be located within 200 feet, along a pedestrian route, of the unit or use served.

b.

Non-residential Uses. Any off-site parking facility must be located within six hundred feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.

2.

Parking Agreement. A written agreement between the landowner and the city in a form satisfactory to the city attorney shall be executed and recorded in the office of the county recorder. The agreement shall include:

a.

A guarantee among the landowner for access to and use of the parking facility; and

b.

A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.23.070 - Bicycle parking.

A.

Short-Term Bicycle Parking. Short-term bicycle parking shall be provided in order to serve shoppers, customers, messengers, guests and other visitors to a site who generally stay for a short time.

1.

Parking Spaces Required. For the following uses, the number of short-term bicycle parking spaces shall be at least five percent of the number of required automobile parking spaces, with a minimum of four parking spaces provided per establishment.

a.

Multi-unit development, group residential, and single room occupancy with five or more units.

b.

All uses in the public and semi-public use classification except cemeteries and community gardens.

c.

All uses in the commercial use classification.

2.

Location. Short-term bicycle parking must be located outside of the public right-of-way and pedestrian walkways and within fifty feet of a main entrance to the building it serves. Where the bicycle parking area is not visible from the main entrance of the building, signs located at the main entrance of the building shall identify the location of bicycle parking.

3.

Anchoring and security (racks).

a.

Rack Style. For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a highsecurity U-shaped shackle lock if both wheels are left on the bicycle. One such object may serve multiple

bicycle parking spaces. Decorative bicycle racks, such as circular, ring, or bicycle shaped racks are recommended. No wave racks are allowed.

b.

Rack Spacing. Racks shall be spaced a minimum of three feet between each other when placed side by side, and a minimum of five feet when placed end to end. Racks shall be placed at least three feet from any wall, curb, or object when placed parallel to a wall, curb, or object, and at least two and one-half feet from any wall curb, or object when placed perpendicular to a wall, curb, or object.

4.

Size and Clearance. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

==> picture [288 x 144] intentionally omitted <==

FIGURE 17.23.070.A: SHORT-TERM BICYCLE PARKING

B.

Long-Term Bicycle Parking. Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

1.

Parking Spaces Required.

a.

Residential Uses. A minimum of one long-term bicycle parking space shall be provided for every five units for multi-unit development, group residential, and single room occupancy.

b.

Other Uses. Any establishment with twenty-five or more full time equivalent employees shall provide longterm bicycle parking at a minimum ratio of one space per thirty vehicle spaces.

c.

Parking Structures. Long-term bicycle parking shall be provided at a minimum ratio of one space per fifty vehicle spaces.

2.

Location. Long-term bicycle parking must be located on the same lot as the use it serves and within one hundred feet of the facility entrance. In parking garages, long-term bicycle parking must be located within one hundred feet of an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building shall identify the location of bicycle parking.

3.

Covered Spaces. One hundred percent of required bicycle parking for multi-unit developments shall be inside buildings or garages or in bike lockers. At least sixty percent of other required long-term bicycle parking must be covered either inside a building, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.

4.

Security. Long-term bicycle parking must be in:

a.

An enclosed bicycle locker;

b.

A fenced, covered, and locked or guarded bicycle storage area;

c.

A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas or within secure/restricted bicycle storage room; or

d.

Other secure area approved by the director.

5.

Size, Clearance, and Accessibility.

a.

Size. Each bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle.

b.

Clearance. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

c.

Accessibility. Bicycle parking areas must be accessible from the public right-of-way. The access path must be clear at all times, provide a five foot minimum width, a three foot minimum door width, five percent maximum slope, elevator minimum interior dimensions of eighty inches by fifty-four inches, require no lifting of bicycle over any steps, and provide lighting for the access route and bicycle parking spaces. At least one main access path shall meet all the above listed criteria if multiple access paths are provided.

6.

Rack Style and Spacing. Racks, if used, shall be designed and spaced as follows:

a.

Rack Style. Decorative bicycle racks, such as circular, ring, or bicycle shaped racks are recommended. No wave racks are allowed.

b.

Rack Spacing. Racks shall be spaced a minimum of three feet between each other when placed side by side, and a minimum of five feet when placed end to end. Racks shall be placed at least three feet from any wall, curb, or object when placed parallel to a wall, curb, or object, and at least two and one-half feet from any wall curb, or object when placed perpendicular to a wall, curb, or object.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Loading Spaces Required.

1.

Uses with Moderate Loading Demand. The following land uses shall provide loading spaces in accordance with Table 17.23.080.A.1, Required Loading Spaces-Moderate Loading Demand.

a.

Banks and financial institutions.

b.

Banquet hall.

c.

Cinema/theaters.

d.

Clinics.

e.

Colleges and trade schools.

f.

Community assembly.

g.

Cultural institution.

h.

Custom manufacturing.

i.

Emergency shelter.

j.

Government offices.

k.

Hospitals.

l.

Hotels.

m.

Indoor sports and recreation.

n.

Maintenance and repair services.

o.

Motels.

p.

Offices.

q.

Public safety facilities.

r.

Residential care facilities.

s.

Residential facility, assisted living.

t.

Schools.

u.

Skilled nursing facilities.

v.

Veterinary services.

2.

Uses with High Loading Demand. The following land uses shall provide loading spaces in accordance with Table 17.23.080.A.2, Required Loading Spaces-High Loading Demand.

a.

Animal sales and grooming.

b.

Automobile/vehicle sales and services.

c.

Eating and drinking establishments.

d.

Food preparation.

e.

Nurseries and garden centers.

f.

Retail sales.

g.

Construction and material yards.

h.

Food and beverage manufacturing.

i.

General industrial.

j.

Light industrial.

k.

Research and development.

l.

Warehousing and storage.

m.

Wholesaling and distribution.

3.

Transportation Uses. Three loading spaces plus additional spaces as determined by the director to be necessary shall be provided for the following uses:

a.

Airports and heliports.

b.

Freight/trucking terminals.

4.

Other Uses. One loading space plus additional spaces as determined by the director to be necessary shall be provided for the following uses:

a.

Business services.

b.

Funeral parlors and interment services.

c.

Public works and utilities.

d.

Recycling facilities.

e.

Transportation passenger terminals.

f.

Any other use similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise.

B.

Adjustments to Loading Space Requirements.

1.

Multi-Tenant Buildings. The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be required, if each tenant space is not provided a loading area. Drive-in roll-up doors for multi-tenant industrial projects may be substituted for required loading areas.

2.

Reduction in Number of Loading Spaces Required. The loading space requirement may be waived if the director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such loading space will not be needed.

3.

Additional Loading Spaces Required. The required number of loading spaces may be increased to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck pickups and deliveries and of the truck storage requirements of the use for which the on-site loading spaces are required.

C.

Location. All required loading berths shall be located on the same site as the use served. No loading berth for vehicles over two-ton capacity shall be closer than fifty feet to any property in a residential district unless completely enclosed by building walls, or a uniformly solid fence or wall, or any combination thereof, not less than six feet in height. No permitted or required loading berth shall be located within twenty-five feet of the nearest point of any street intersection.

D.

Minimum Size. Each on-site loading space required by this chapter shall not be less than twelve feet wide, forty-five feet long, and fourteen feet high, exclusive of driveways for ingress and egress, maneuvering areas and setbacks. The minimum size requirement may be modified if the director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.

E.

Driveways for Ingress and Egress and Maneuvering Areas. Each on-site loading space required by this section shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting the same criteria required for on-site parking spaces. Truck-maneuvering areas shall not encroach into required parking areas, travelways, or street rights-of-way. This requirement may be modified if the director finds that sufficient space is provided so that truck-maneuvering areas will not interfere with traffic and pedestrian circulation.

F.

Surfacing. All loading areas shall be paved and improved, and all sites shall be properly drained, consistent with applicable stormwater runoff regulations and subject to the approval of the public works director.

1.

Pavement Standards. Pavement shall be either asphalt or concrete paving consistent with the following standards or comparable material approved by the public works director.

a.

Asphalt. Two inches of asphaltic concrete on four inches of aggregate base material.

b.

Concrete. Four inches of portland cement concrete on three inches of aggregate base material.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

All parking areas except those used exclusively for stacked or valet parking, shall be designed and developed consistent with the following standards. Parking areas used exclusively for stacked or valet parking are subject only to Subsections I through M. Stacked or valet parking areas which will allow parking at some times without attendants must be striped in conformance with the layout requirements of this section.

A.

Tandem Parking. Tandem parking is not permitted to satisfy the off-street parking requirement.

B.

Shopping Cart Storage. When there are businesses that utilize shopping carts, adequate temporary shopping cart storage areas shall be provided throughout the parking lots. No temporary storage of shopping carts is allowed on walkways outside of buildings. Shopping cart storage shall not occur in required parking spaces.

C.

Parking Access. Parking access areas shall be designed to ensure vehicular access to parking spaces as determined by the public works director.

1.

Distance from Intersection. Access for parking facilities with ten or more spaces shall be located a minimum of fifty feet from the intersection of any two streets.

2.

Access Width. The width of curb cuts for parking access is limited as follows:

a.

The width of a curb cut serving one travel lane is limited to a maximum of twelve feet, excluding splays.

b.

The width of a curb cut serving two travel lanes is limited to a maximum of twenty-four feet, excluding splays, except parking lots with more than one hundred spaces where the curb cut may be up to thirty-five feet wide, excluding splays.

3.

Shared Access. Non-residential projects are encouraged to provide shared vehicle and pedestrian access to adjacent non-residential properties for convenience, safety, and efficient circulation. A joint access

agreement guaranteeing the continued availability of the shared access between the properties approved by the director shall be recorded in the county's recorders office, in a form satisfactory to the city attorney.

4.

Forward Entry. Parking areas of four or more spaces shall be provided with suitable maneuvering room so that all vehicles therein may enter an abutting street in a forward direction.

5.

Driveway Length. Driveways providing direct access from a public street to a garage or carport shall be at least twenty feet in depth.

6.

Driveway Width. The minimum width of a driveway is as follows:

a.

Ten feet for any driveway serving one residence.

b.

Ten feet for a one-way driveway.

c.

Twenty feet for a two-way driveway serving any use other than one residence.

D.

Size of Parking Spaces and Maneuvering Aisles. Parking spaces and maneuvering aisles shall meet the minimum dimensions required by this subsection. Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.

Standard Parking Spaces and Drive Aisles. The minimum basic dimension for standard parking spaces is nine feet by nineteen feet, with a minimum vertical clearance of seven feet. Table 17.23.090.D provides the dimensions of spaces (stalls) and aisles according to angle of parking spaces. The required aisle width may be modified if the public works director finds that sufficient space is provided, so that maneuvering areas will not interfere with traffic and pedestrian circulation.

==> picture [432 x 184] intentionally omitted <==

FIGURE 17.23.090.D.1: STANDARD PARKING SPACES AND DRIVE AISLES

2.

Compact Parking Spaces. Up to twenty-five percent of assigned spaces may be reduced to 8.5 feet by 16 feet and labeled "compact."

3.

Parking Spaces Abutting Wall or Fence. Each parking space adjoining a wall, fence, column, or other obstruction higher than 0.5 feet in the vicinity of where a vehicle door may be located shall be increased to accommodate access to the vehicle through the door.

==> picture [360 x 168] intentionally omitted <==

FIGURE 17.23.090.D.3: PARKING SPACES ABUTTING WALL OR FENCE

4.

Minimum Dimensions for Residential Garages and Carports. Garages and carports serving residential uses shall be constructed to meet the following minimum inside dimensions and related requirements:

a.

A single car garage or carport: Ten feet in width by twenty feet in length.

b.

A two-car garage or carport: Twenty feet in width by twenty feet in length.

c.

A garage or carport containing three or more spaces: Ten feet in width by twenty feet in length per space.

d.

The vertical clearance for garage or carport parking spaces shall not be less than seven feet.

e.

Stairs may encroach into the parking area of a garage provided that the front end of a standard size automobile can fit under the stair projection. The bottom of the stairwell (including exterior finish) shall be a minimum of five feet above the garage floor.

E.

Parking Lot Striping. All parking stalls shall be clearly outlined with striping, and all aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement.

F.

Wheel Stops. Parking areas designed to accommodate ten or more vehicles shall provide concrete bumper guards or wheel stops for all unenclosed parking spaces. A six-inch high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.

G.

Surfacing. All parking areas shall be paved and improved, and all sites shall be properly drained, consistent with applicable stormwater runoff regulations and subject to the approval of the public works director. No unpaved area shall be used for parking.

1.

Pavement Standards. Parking areas shall be paved consistent with the following materials or comparable material approved by the public works director:

a.

Asphalt. Two inches of asphaltic concrete on four inches of aggregate base material.

b.

Concrete. Four inches of Portland cement concrete on three inches of aggregate base material.

c.

Pavers or Permeable Pavement Systems. Pavers or permeable pavement systems with strength equivalent to a. or b. above.

2.

Landscaping Alternative. Up to two feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving.

==> picture [409 x 180] intentionally omitted <==

FIGURE 17.23.090.G: PARKING SURFACING

H.

Perimeter Curbing. Parking areas designed to accommodate ten or more vehicles shall provide a six-inch wide and six-inch high concrete curb along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

I.

Heat Island Reduction. In order to reduce ambient surface temperatures in parking areas, at least fifty percent of the areas not landscaped shall be shaded, of light colored materials with a solar reflectance index of at least twenty-nine, or a combination of shading and light colored materials.

1.

Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. If shade is provided by trees, the amount of required shading is to be reached within fifteen years.

2.

Trees shall be selected from a list maintained by the planning division.

J.

Lighting. Parking areas designed to accommodate ten or more vehicles shall be provided with a minimum of one-half foot-candle and a maximum of three foot-candles of light over of the parking surface during the hours of use from one-half hour before dusk until one-half hour after dawn.

1.

Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination.

2.

Parking lot lighting shall, to the maximum extent feasible, be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights-of-way, consistent with Chapter 17.24, Performance Standards.

K.

Separation From On-Site Buildings. Parking areas designed to accommodate five or more vehicles must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of three feet in width. Commercial buildings with twenty-five thousand square feet or more of gross floor area must be separated from on-site parking on all sides by a walkway a minimum of five feet in width, as well as a planter area at least three feet in width.

==> picture [420 x 165] intentionally omitted <==

FIGURE 17.23.090.K: PARKING SEPARATION FROM ON-SITE BUILDINGS

L.

Landscaping. Parking areas designed to accommodate five or more vehicles must be landscaped according to the general standards of Chapter 17.21, Landscaping, as well as the standards of this subsection.

1.

Landscape Area Required. A minimum of ten percent of the parking lot area shall be landscaped.

2.

Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than twenty-five square feet in area, or four feet in any horizontal dimension, excluding curbing.

3.

Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:

a.

Landscaped planting strips at least four feet wide between rows of parking stalls;

b.

Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;

c.

Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and

d.

On-site landscaping at the parking lot perimeter.

4.

Required Landscaped Islands. A landscaped island at least six feet in all interior dimensions and containing at least one twenty-four-inch box tree shall be provided at each end of each interior row of parking stalls and between every six consecutive parking stalls.

5.

Landscaped Buffer Adjacent to Right-of-Way. A landscaped area at least five feet wide shall be provided between any surface parking area and any property line adjacent to a public street, unless a different dimension is specified in the zoning district standards applicable to a site.

6.

Landscaped Buffer Abutting Interior Lot Line.

a.

Adjacent to a Residential, Park, or Open Space District. A landscaped area at least five feet wide shall be provided between any surface parking area and any adjacent lot in a residential, park, or open space district for the length of the parking area.

b.

Adjacent to Any Other District. A landscaped area at least three feet wide shall be provided between any surface parking area and any adjacent lot in any district other than residential, park, or open space for the length of the parking area.

7.

Trees.

a.

Number Required. One for each eight parking spaces.

b.

Distribution. Trees shall be distributed relatively evenly throughout the parking area.

c.

Species. Tree species shall be selected from a list maintained by the planning division.

d.

Size. All trees shall be a minimum twenty-four-inch box with a one-inch diameter at forty-eight inches above natural grade.

e.

Minimum Planter Size. Any planting area for a tree must have a minimum interior horizontal dimension of five feet. Additional space may be required for some tree species.

8.

Protection of Vegetation.

a.

Clearance from Vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb.

b.

Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

9.

Visibility and Clearance. Landscaping in planters at the end of parking aisles shall not obstruct driver's vision of vehicular and pedestrian cross-traffic. Mature trees shall have a foliage clearance maintained at eight feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed thirty inches in height.

==> picture [408 x 190] intentionally omitted <==

FIGURE 17.23.090.L: PARKING AREA LANDSCAPING

M.

Screening. Parking areas designed to accommodate five or more vehicles shall be screened from view from public streets and adjacent lots in a more restrictive zoning district, according to the following standards.

1.

Height. Screening of parking lots from adjacent public streets shall be forty-two inches in height. Screening of parking lots along interior lot lines that abut residential districts shall be six feet in height, except within the required front setback of the applicable zoning district, where screening shall be three feet in height.

2.

Materials. Screening may consist of one or any combination of the methods listed below:

a.

Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the director, and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the director.

b.

Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.

c.

Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of two feet within eighteen months after initial installation and must be permanently maintained.

d.

Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

==> picture [420 x 144] intentionally omitted <==

FIGURE 17.23.090.M: SCREENING OF PARKING AREAS

N.

Circulation and Safety.

Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.

2.

Off-street parking areas of four or more spaces shall be provided with sufficient maneuvering room so that all vehicles can enter and exit from a public street by forward motion only.

3.

Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing up unreasonable distances or making other dangerous or hazardous turning movements.

4.

Separate vehicular and pedestrian circulation systems shall be provided where possible. Multi-unit residential developments of five or more units must provide pedestrian access that is separate and distinct from driveways. Parking areas for commercial and mixed-use developments that are eighty feet or more in depth and/or include twenty-five or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:

a.

Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than one hundred twenty-five percent of the straight-line distance.

b.

Materials and Width. Walkways shall provide at least five feet of unobstructed width and be hard-surfaced.

c.

Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.

d.

Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

==> picture [432 x 183] intentionally omitted <==

FIGURE 17.23.090.N: PEDESTRIAN CIRCULATION

O.

Alternative Parking Area Designs. Where an applicant can demonstrate to the satisfaction of the director that variations in the requirements of this section are warranted in order to achieve environmental design and green building objectives, including but not limited to achieving certification under the LEED[TM ] Green Building Rating System or equivalent, an alternative parking area design may be approved.

P.

Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

Chapter 17.24 - PERFORMANCE STANDARDS

The purposes of this chapter are to:

A.

Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;

B.

Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and

C.

Protect industry from arbitrary exclusion from areas of the city.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Measurements necessary for determining compliance with the standards of this chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, smoke, or particulate matter, unless authorized under federal, state, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the Bay Area Air Quality Management District.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the fire department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the fire department deems it a practical necessity.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the county environmental health agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase in excess of five degrees Fahrenheit on another property.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Noise Limits. It shall be unlawful for any person to disturb the peace, quiet, and comfort of the community, or any portion thereof, or neighborhood therein, by creating or causing to be created any unreasonable noises.

1.

Applicability. The provisions of this subsection apply to noises from all sources within the city except the following:

a.

Alarms and Warning Devises: Aural alarms or warning devices, including but not limited to fire alarms, burglar alarms, and emergency vehicle sirens and air horns. However, if a standard or minimum noise level is prescribed for particular type of aural alarm or warning device by the laws or regulations of the State of California, the noise emitted from such alarm or warning device shall not exceed such standard or minimum level by more than three dBA.

b.

Emergency Response Activities: Noise from emergency response activities.

c.

Events at Which No Mechanical or Amplifying Equipment is Employed: Noise from events conducted lawfully and without the use of sound of any kind that is mechanically produced or amplified or focused by any means.

d.

Audio Equipment Used by Public Safety Officers: Noise from audio equipment used or operated by public safety officers in the performance of their duties.

e.

Generators Required for Medical Purposes or During Power Outages: Noise from generators required for medical purposes or during power outages.

f.

Permitted for Temporary Uses or Activities: Specific uses or activities for which a temporary exemption was granted through a conditional use permit, minor use permit, or other permit or authorization granted by the city.

2.

Noise Restriction by Decibel.

a.

Residential Property Noise Limits.

i.

No person shall produce or allow to be produced by human voice, machine, device, or any combination of same, on residential property, a noise level at any point outside of the property plane that exceeds 70 dBA between the hours of 7:00 a.m. and 9:00 p.m. or 60 dBA between the hours of 9:00 p.m. and 7:00 a.m.

ii.

No person shall produce or allow to be produced by human voice, machine, device, or any combinations of same, on multifamily residential property, a noise level more than 60 dBA three feet from any wall, floor, or ceiling inside any dwelling unit on the same property, when the windows and doors of the dwelling unit are closed, except within the dwelling unit in which the noise source or sources may be located.

b.

Commercial and Industrial Property Noise Limits. Except for commercial and industrial property abutting residential property, no person shall produce or allow to be produced by human voice, machine, device, or any other combination of same, on commercial or industrial property, a noise level at any point outside of the property plane that exceeds 70 dBA.

i.

Abutting Residential Property. Commercial and industrial property that abuts residential property shall be subject to the residential property noise limits set forth in subsections (a)(i) and (ii) above.

c.

Public Property Noise Limits. Except as otherwise provided in these regulations, no person shall produce or allow to be produced on public property, by human voice, machine, device, or any combination of same, a noise level that exceeds 60 dBA at a distance of 25 feet or more from the source. Noise from activities of the City of Newark is exempted from these regulations.

3.

Construction and Landscaping Activities. Unless otherwise provided pursuant to a duly-issued permit or a condition of approval of a land use entitlement, the construction, alteration, or repair of structures and any landscaping activities, occurring between the hours of 10:00 a.m. and 6:00 p.m. on Sundays and holidays, and 7:00 a.m. and 7:00 p.m. on other days, shall be subject to the following:

a.

No individual device or piece of equipment shall produce a noise level exceeding 83 dBA at a distance of twenty-five feet from the source. If the device or equipment is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close as possible to twenty-five feet from the equipment.

b.

The noise level at any point outside of the property plane shall not exceed 86 dBA. During all other times, the decibel levels set forth in Subsection 17.24.100.A.2, Noise Restriction by Decibel, control.

4.

Violation. Any person who violates or causes or permits another person to violate any provision of this section is guilty of an infraction.

5.

Enforcement. Any code enforcement officer or police officer who determines that a noise in violation of this section exists may issue an administrative citation to the person(s) violating this section in accordance with Chapter 7.18 of this Code. The fine amount(s) shall be in accordance with Section 1.16.010(C) of this Code. Any recipient of an administrative citation under this section may contest the violation pursuant to Section 7.18.030 and an administrative hearing shall be conducted as provided for in Section 7.22.020.

6.

Continuing violation. For purposes of this section only, a person may be issued an administrative citation each time a police officer responds to the same location and determines a violation of this section has occurred.

B.

Noise Creation and Noise Exposure.

1.

Acoustic Study. An acoustic study shall be required for any proposed project which could create or be subject to a noise exposure greater than that deemed "normally acceptable" by the general plan.

2.

Noise Attenuation Measures. Any project subject to the acoustic study requirements of Subsection 17.24.100.A.1, Acoustic Study, may be required as a condition of approval to incorporate noise attenuation measures deemed necessary to ensure that noise standards are not exceeded.

a.

New noise-sensitive uses (e.g., schools, hospitals, churches, and residences) shall incorporate noise attenuation measures to achieve and maintain an interior noise level of 45 dBA.

b.

Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels.

c.

Emphasis shall be placed upon site planning and project design measures. The use of noise barriers shall be considered and may be required only after all feasible design-related noise measures have been incorporated into the project.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Discharges to Water or Sewers. Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board.

B.

Containment. Wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. Closed containers shall be provided and used for the storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects.

C.

Incineration. There shall be no rubbish or refuse incineration on the premises.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

A.

Development Near Railroads. An acoustic study shall be required for any proposed development within two hundred feet of a railroad track. Measures may be required to ensure that vibration impacts remain below acceptable levels.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Chapter 17.25 - SIGNAGE STANDARDS

The purpose of this chapter is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this chapter is intended to:

A.

Balance public and private objectives by allowing adequate avenues for both commercial and noncommercial messages;

B.

Allow signs to serve as an effective channel of communication while preventing visual clutter that will detract from the aesthetic character of the city;

C.

Protect and improve the local economy and quality of life by preserving and enhancing the appearance of the streetscape;

D.

Maintain and enhance the city's appearance by regulating the location, number, type, quality of materials, size, illumination, and maintenance of signs;

E.

Restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians or drivers;

F.

Provide clear and unambiguous sign standards that enable fair and consistent enforcement; and

G.

Ensure that the constitutionally guaranteed right of free speech is protected.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The provisions of this chapter apply to all signs in all zoning districts, unless otherwise specified, constructed or physically altered on or after the effective date of this title.

A.

Nothing in this chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the city.

B.

The provisions of this chapter shall not require alteration of the display of any registered mark, or any trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The following signs are exempt from the permit requirements of this chapter, and they do not count toward the total sign area limit for a site, provided that they conform to the specified standards.

A.

Address Signs. Required address identification signs that are in conformance with the building code.

B.

Commercial Displays on Vehicles. Displays on vehicles related to the goods or services provided by the vehicle owner or operator and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the city.

C.

Commercial Mascot Signs. Commercial signs held or attended by a person serving as commercial mascots.

Location. Limited to commercial and mixed-use districts.

2.

Number. No more than two commercial mascot signs per business.

3.

Maximum Size. The area of each sign held or attended by a person shall not exceed six square feet.

4.

Timing of Display. Commercial mascot signs shall not be displayed during hours when the business establishment related to the specific commercial mascot sign is not open to the public.

D.

Directional Signs. Directional and/or informational signs not more than six square feet in area for the direction or convenience of the public such as outlining/assisting vehicle and pedestrian circulation within a site, egress, ingress, and any public facilities such as restrooms, telephones, walkways, and other similar features.

E.

Open House Directional Signs. Up to four off-site signs directing the public to "open house" events for the viewing of lots, premises, dwellings or structures that are for sale, lease, or rent, are permitted on private land, provided they comply with the following standards:

1.

No sign or signs exceeds four square feet in area, or three feet in height from finished grade.

2.

The sign or signs may not be placed more than two hours before the start or remain more than two hours after the conclusion of the open house event.

F.

Flags. Flags erected and located in accordance with the following standards:

1.

Location. Flagpoles shall not be located within any required setback.

2.

Height. The maximum flagpole height is thirty feet.

3.

Number. No more than two flags per lot in residential districts, no more than three flags per lot in all other districts.

4.

Maximum Size. The maximum individual flag size is thirty-two square feet.

==> picture [168 x 172] intentionally omitted <==

FIGURE 17.25.030.F: FLAGS

G.

Government Signs. Official notices issued by a court, public body, or office and posted in the performance of a public duty; notices posted by a utility or other quasi-public agency; signs erected by a governmental body to direct or regulate pedestrian or vehicular traffic; non-commercial bus stop signs erected by a public transit agency, or other signs required or authorized by law.

H.

Historic Plaques and Commemorative Signs. Historic plaques, memorial signs or tablets, or commemorative signs indicating names of buildings and dates of building erection, either attached to or cut into the surfaces of buildings, provided that no such sign exceeds four square feet in area.

I.

Interior Signs. Signs that are located in interior areas of a building or site not visible from the public right-ofway, and at least three feet from a window, door, or other exterior wall opening.

J.

Mobile Vendor Signs. Signs fixed to mobile vending vehicles that identify or advertise the name, product, or service provided by the vendor. Each mobile vending vehicle is limited to a maximum sign area of eight square feet.

K.

Nameplate. One nameplate for each tenant or occupancy not to exceed two square feet in area indicating the name of the occupant or tenant.

L.

Off-Site Signs. Off-premises signs no more than six square feet in size.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Unless otherwise permitted by a specific provision of this Chapter, the following sign types are prohibited:

A.

Animated or Moving Signs. Animated, flashing, blinking, reflecting, revolving, or other similar sign with visibly moving or rotating parts or visible mechanical movement of any kind, unless expressly permitted by another section of this chapter. This provision does not apply to signs using digital display technology, such as LED (light emitting diodes) or functionally equivalent display methods, which are permitted, subject to the regulations of this chapter.

B.

Balloons, Inflatable Signs, Streamers, Pennants and Other Attention-Getting Devices. Balloons, inflatable signs, streamers, pennants, and other attention-getting devises, made of light-weight fabric or similar material, designed to rotate or move with the wind, that direct, promote, or that are otherwise designed to attract attention are prohibited except when used in conjunction with outdoor automobile sales.

C.

Cabinet or Can Signs. Internally lit cabinet and can signs.

D.

General Advertising. Temporary signs that publicize or promote other businesses or causes using methods of advertising (in contrast to self-promotion, on-site sales, or on-site advertising). General advertising is also known as advertising for hire.

E.

Mobile Billboards. Any sign carried or conveyed by a vehicle for the primary purpose of general advertising for hire. The purpose of this prohibition is to eliminate mobile billboard advertising within the city in order to reduce traffic congestion, promote the safe movement of vehicular traffic, to reduce air pollution, and improve the aesthetic appearance of the city. This prohibition does not apply to displays on vehicles related to the goods or services provided by the vehicle owner or operator and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the city.

F.

Roof Signs.

1.

Attached signs that extend above the roofline or parapet (whichever is higher) of a building with a flat roof.

2.

Attached signs that extend above the deck line of a mansard roof.

3.

Signs on rooftop structures, such as penthouse walls or mechanical enclosures.

G.

Search Lights and Klieg Lights. Search and Klieg lights when used as attention-attracting devices for commercial uses.

H.

Signs Located in the Public Right-of-Way or on Public Property. Other than official government signs or warning signs required by law, no inanimate sign can be placed in or project into the public right-of-way or on public property unless authorized by an encroachment permit.

I.

Signs Affixed to Trees. Signs affixed to or cut into any tree or other living vegetation.

J.

Signs on Terrain. Signs cut, burned, marked, or displayed in any manner on a street, sidewalk, cliff or hillside.

K.

Signs of Certain Materials. Signs made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component.

L.

Signs Creating Traffic Hazards or Affecting Pedestrian Safety. Signs must not be placed or located in such a manner as to constitute a safety hazard or to impede the public use of the public right-of-way.

1.

Signs placed, mounted, erected, or installed in any manner that obstructs use of any door, window or fire escape.

Signs mounted or displayed in such a manner that blocks or impedes the normal pedestrian use or public sidewalks. A minimum unobstructed width of four feet must be maintained on sidewalks at all times.

3.

Signs located in such a manner as to constitute a traffic hazard or obstruct the view of traffic, any authorized traffic sign, or signal device.

4.

Signs that may create confusion with any authorized traffic sign, signal, or device because their color, location, or wording, or use of any phrase, symbol, or character interferes with, misleads, or confuses vehicular drivers in their use of roads or conflicts with any traffic control sign or device.

5.

Signs at or near any street intersection that will obstruct the free and clear vision of drivers and pedestrians. Other than traffic control signals, no sign can be installed in the visibility triangle at intersections, extending horizontally fifteen feet from the corner of the intersection and vertically, from a height of three feet to a height of eight feet.

M.

Signs for Prohibited Uses. A sign displaying a commercial message promoting a business that is a prohibited use and has not been established as a legal nonconforming use.

N.

Signs that Produce Noise or Emissions. Signs that produce visible smoke, vapor, particles, odor, noise, or sounds that can be heard at the property line, excluding voice units at menu boards and devices for servicing customers from their vehicles, such as drive-up windows at banks.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A.

Measuring Sign Area. The area of a sign face includes the entire area within a single continuous perimeter composed of squares and rectangles that enclose the extreme limits of all sign elements, including, without limitation, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures, such as sign bases and columns, are not included in sign area provided that they contain no lettering or graphics except for addresses or required tags. The area of an individual sign shall be calculated as follows:

==> picture [421 x 213] intentionally omitted <==

FIGURE 17.25.050.A.1: MEASURING SIGN AREA

1.

Single-Faced Signs. The sign area of a sign with a single face area is the area of the sign face.

2.

Double-Faced Signs. Where two faces of a double-faced sign are located two feet or less from one another at all points, or located at an interior angle of forty-five degrees or less from one another, the sign area of double-faced signs is computed as the area of one face. Where the two faces are not equal in size, the larger sign face will be used. Where two faces of a double-faced sign are located more than two feet or greater than forty-five degrees from one another, both sign faces are counted toward sign area.

==> picture [432 x 123] intentionally omitted <==

FIGURE 17.25.050.A.4: MEASURING DOUBLE-FACED SIGNS

3.

Multi-Faced Signs. On a three-faced sign, where at least one interior angle is forty-five degrees or less, the area of two faces (the largest and smallest face) must be summed to determine sign area. In all other situations involving a sign with three or more sides, sign area will be calculated as the sum of all faces.

==> picture [432 x 123] intentionally omitted <==

FIGURE 17.25.050.A.4: MEASURING MULTI-FACED SIGNS

4.

Three-Dimensional Signs. Signs that consist of, or have attached to them, one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), may have a sign area that is the sum of all areas using the four vertical sides of the smallest rectangular prism that will encompass the sign.

==> picture [276 x 152] intentionally omitted <==

FIGURE 17.25.050.A.4: MEASURING THREE-DIMENSIONAL SIGNS

B.

Measuring Sign Height. The height of a sign is the vertical distance from the uppermost point used to measure sign area to the existing grade immediately below the sign.

1.

Height of Freestanding Signs. The height of freestanding signs shall be measured as the vertical distance from grade at the edge of the right-of-way along which a sign is placed to the highest point of the sign, including any structural or architectural components of the sign. When the grade at the edge of the right-ofway is higher than the site on which the sign is placed, that portion of the sign below the grade at the edge of the right-of-way shall not be included in determining the sign's overall height. Signs oriented towards a freeway shall be measured from the project site grade or pad, whichever is lower.

C.

Measuring Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

D.

Building Frontage. A building's frontage is considered continuous if projections or recesses in a building wall do not exceed ten feet in any direction. For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.

==> picture [288 x 183] intentionally omitted <==

FIGURE 17.25.050.D: BUILDING FRONTAGE

E.

Street Frontage. The length of street frontage is measured along the property line adjacent to the public right-of-way.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.25.060 - General provisions.

This section establishes general standards that apply to all sign types and in all districts.

A.

Applicable Codes. In addition to complying with the provisions of this section, all signs must be constructed in accordance with the uniform building code, the uniform sign code, the electrical code, and all other applicable laws, rules, regulations, and policies.

B.

Changes to Copy of Approved Signs. Changes to the copy of approved signs that were legally established and have not been modified so as to become illegal are exempt from permitting pursuant to this title. Changes to copy do not include changes to the type or level of illumination of an approved sign.

C.

Non-commercial Signs. Non-commercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. For purposes of this chapter, all non-commercial speech messages will be deemed to be "on-site," regardless of location.

D.

Message Substitution. A non-commercial message of any type may be substituted, in whole or in part, for any duly permitted commercial message, any non-commercial message may be substituted for any other non-commercial message, and any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message.

1.

No Additional Approval. Such substitution of message may be made without any additional approval, permitting, registration, or notice to the city. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message.

2.

Limitations. This message substitution provision does not: 1) create a right to increase the total amount of signage on a parcel, lot or land use; 2) affect the requirement that a sign structure or mounting device be properly permitted; 3) allow a change in the physical structure of a sign or its mounting device; or 4) authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message.

E.

Changeable Copy.

1.

Manual Changeable Copy. Manually changeable copy shall represent no more than thirty percent of the sign area.

2.

Automatic Changeable Copy and Electronic Message Center Signs. Electronic message center (EMC) signs and automatic changeable copy in which copy can be changed or altered by electric, electro-mechanical, electronic, or any other artificial energy means, are allowed subject to the following standards:

a.

Permit Required. All automatic changeable copy and electronic message center signs require conditional use permit approval, except service and gas station price signs and time and temperature signs.

b.

Display Duration. The display shall change no more frequently than once every eight seconds and must have an unlighted interval between copy displays of 0.3 second or more.

c.

Static Message. Displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination, or the flashing, scintillating or varying of light intensity

d.

Light Intensity. 0.3 foot-candles over ambient lighting conditions when measured at a distance equal to the square root of one hundred times the area of the sign in square feet. All electronic copy must be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot-candle measurements.

e.

Automatic Controls. All electronic message displays shall be equipped with automatic controls to allow for adjustment of brightness based on ambient lighting conditions.

F.

Illumination. Illuminated channel letters and neon signs are allowed. However, cabinet signs are prohibited. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign structure, unless approved with a minor use permit.

G.

Encroachment Permits. Signs mounted on private property may project into or above public property or the public right-of-way only with approval by the public works director of an encroachment permit.

H.

Materials. Signs shall be made of sturdy, durable materials. Paper, cardboard and other materials subject to rapid deterioration shall be limited to temporary signs. Fabric signs are limited to awnings, canopies, flags, and temporary signs.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

This section establishes the types and size of signs allowed per zoning district. These signs are also subject to the regulations in "General Provisions for All Sign Types" and "Standards for Specific Sign Types".

A.

Types of Signs Allowed. Table 17.25.070.A establishes the types of signs allowed per zoning district.

See Section 17.25.080, Signage Allowances for Specific Uses and Development and Section 17.25.090.G, Temporary Signs.

Commercial and Mixed Use Districts

B.

Allowed Sign Area. Table 17.25.070.B establishes the maximum aggregate sign area allowed per zoning district.

1.

Sign Area Included in Calculation of Aggregate Sign Area. The sign area of awning and canopy signs, projecting and shingle signs, and wall signs is included in the calculation of aggregate sign area.

2.

Sign Area Excluded from the Calculation of Aggregate Sign Area. The sign area of exempt signs, signage allowances for specific uses and development, freestanding signs, a-frame signs, window signs, temporary signs, and high-rise building identification signs are not included in the calculation of aggregate sign area.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This section establishes signage allowances for specific uses and development. These signs are allowed in addition to the signs allowed by district in Section 17.25.070, Allowed Signs by District, and are not included in the calculation of aggregate sign area. These signs are also subject to the regulations in "Standards for Specific Sign Types" unless otherwise stated.

A.

Residential Developments. Residential developments of two or more units or lots are allowed freestanding signs and wall signs with a total aggregate sign area of one square foot per two dwelling units, subject to the following standards:

1.

Maximum Number of Signs. One per street frontage.

2.

Maximum Size per Sign. Twenty square feet.

3.

Maximum Height of Freestanding Signs. Four feet.

B.

Non-Residential Uses in Residential Districts. Non-residential uses that are the primary use on a site in a residential district are allowed total aggregate sign area of one square foot per eight feet of street frontage. Allowed sign types and the maximum sign area for individual signs is as follows:

1.

Awning and Canopy Signs. Six square feet or twenty-five percent of the surface area of the awning, whichever is less.

2.

Freestanding Signs. Six square feet.

3.

Projecting and Shingle Signs. Six square feet.

4.

Window Signs. Fifteen percent of window area.

5.

Wall Signs. Ten square feet.

C.

Menu/Order Board Signs. Outdoor menu/order board signs are subject to the following standards:

1.

Uses Allowed With. Outdoor menu/order board signs are allowed on the site of a permitted drive-in, walkup, or drive-thru facility.

2.

Maximum Number. A maximum of two per business with a drive-thru facility and one per business with a walk-up window.

3.

Maximum Size. The area of each menu/order board sign shall not exceed 32 square feet.

4.

Maximum Height. Six feet.

5.

Location.

a.

Menu/order board signs shall be located adjacent to the drive-thru aisle or walk-up window; and

b.

The signs shall not be located so as to impair the vision of the driver of a vehicle traveling either into, out of, or through the drive-thru aisle.

D.

Display Structures. Display structures for pedestrian viewing are allowed in commercial and mixed-use districts pursuant to master sign program approval. Such structures may include enclosed displays or displays incorporated into the structure such as bus stop benches, kiosks, or weather protection structures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

This section establishes general standards for specific sign types that apply to all districts where such signs are allowed.

A.

Awning and Canopy Signs. Signs painted on awnings, canopies, arcades, or similar attachments or structures are subject to the following standards:

1.

Maximum Number. One for each establishment having entrance under or offering service under the awning or canopy.

2.

Maximum Size. Ten square feet or twenty-five percent of the surface area of the awning, whichever is less. The sign area of awning and canopy signs is included in the calculation of aggregate sign area allowed pursuant to Table 17.25.070.B, Maximum Allowable Aggregate Sign Area.

3.

Maximum Height. Fourteen feet.

4.

Minimum Sign Clearance. Eight feet.

5.

Illumination. Awning and canopy signs shall not be illuminated.

==> picture [252 x 189] intentionally omitted <==

FIGURE 17.25.090.A: AWNING AND CANOPY SIGNS

B.

Freestanding Signs. Freestanding signs are subject to the following standards:

1.

Maximum Number. One per 50 feet of street frontage.

2.

Maximum Size. The maximum sign area per freestanding sign is listed below. The sign area of freestanding signs is not included in the calculation of aggregate sign area allowed pursuant to Table 17.25.070.B, Maximum Allowable Aggregate Sign Area.

a.

NC, CMU, and CR districts: One hundred square feet.

b.

CC District: One hundred fifty square feet.

c.

RC District: Two hundred fifty square feet.

d.

OP district: One hundred square feet.

e.

BTP district: Sixty square feet.

f.

LI and GI districts: One hundred square feet.

g.

Public and semi-public and resource production districts: Sixty square feet.

3.

Maximum Height.

a.

NC, CMU, and CR districts: Twenty feet.

b.

CC district: One sign may be up to forty feet. Twenty feet for all other freestanding signs.

c.

RC district: One sign may be up to one hundred feet. Twenty feet for all other freestanding signs.

d.

OP district: Twenty feet.

e.

BTP district: Up to two signs per street entrance may be up to eight feet. Three feet for all other freestanding signs

f.

LI and GI districts: One sign may be up to thirty feet. Twenty feet for all other freestanding signs.

g.

Public and Semi-Public and Resource Production Districts: Eight feet.

h.

All monument signs shall be up to six feet.

4.

Additional Freestanding Signs in the RC District. In the RC district, one additional sign up to two hundred fifty square feet in size and up to forty feet high is allowed at each entrance from a public street. This additional sign is not included in the calculation of aggregate sign area allowed pursuant to Table 17.25.070.B, Maximum Allowable Aggregate Sign Area.

Placement.

a.

Freestanding signs shall be located a minimum of five feet from any building.

b.

Freestanding signs shall be located a minimum of twenty feet from the lot line of any lot in a residential district.

c.

Freestanding signs shall be setback from all other property lines a minimum distance equal to one-half the height of the sign. Freestanding signs shall also meet visibility requirements at street intersections and driveways pursuant to Chapter 10.36, Visibility Requirements, of the Newark Municipal Code.

==> picture [444 x 232] intentionally omitted <==

FIGURE 17.25.090.B: FREESTANDING SIGNS

C.

Projecting and Shingle Signs. Signs that project horizontally from the exterior wall of a building or are suspended beneath a marquee, covered walkway, canopy, or awning, are subject to the following standards:

1.

Maximum Number. One for each building frontage or tenant space.

Maximum Size. Nine square feet. The sign area of projecting and shingle signs is included in the calculation of aggregate sign area allowed pursuant to Table 17.25.070.B, Maximum Allowable Aggregate Sign Area.

3.

Maximum Height. Fifteen feet.

4.

Minimum Sign Clearance. Eight feet.

5.

Projection Allowed.

a.

Projecting Sign. A projecting sign cannot extend more than four feet from the building to which it is attached and must be designed and located so as to cause no harm to street trees. Signs projecting into the public right-of-way are subject to an encroachment permit.

b.

Shingle Sign. A shingle sign cannot extend further than the outer edge of the marquee, covered walkway, canopy, or awning from which it is suspended.

6.

Illumination. Projecting and shingle signs shall not be illuminated.

==> picture [397 x 165] intentionally omitted <==

FIGURE 17.25.090.C: PROJECTING AND SHINGLE SIGNS

D.

Wall Signs. Wall signs include any sign attached to, erected against or painted upon the wall of a building or structure. Wall signs are subject to the following standards:

Maximum Number. One per building frontage or tenant space.

2.

Maximum Size. Wall sign copy shall not occupy more than seventy-five percent of the length of the wall to which the sign is attached. The sign area of wall signs is included in the calculation of aggregate sign area allowed pursuant to Table 17.25.070.B, Maximum Allowable Aggregate Sign Area.

a.

BTP District. In the BTP district, wall signs are limited to ten square feet per tenant.

3.

Material. In commercial and mixed-use districts, wall signs shall consist of channel sign elements with the exemption of business logos.

4.

Attachment.

a.

Attached flat against or pinned away from a building wall, but shall not extend or protrude more than fifteen inches from the wall; or

b.

Attached to the facade of a building or on a sloping roof (mansard roof), but shall not extend above the upper edge of the facade or the sloping roof.

5.

Placement.

a.

Wall signs shall not be placed higher than the second story of a building.

b.

Wall signs shall not cover or interrupt major architectural features, including such features as doors, windows, or tile embellishments.

c.

Wall signs shall not extend higher than the building wall upon which they are attached except on a peaked, mansard, or shed roof where the sign may be placed in such a manner that the highest point on the sign shall be no higher than the lowest two-thirds of the roof height and providing that the vertical dimension of the sign shall be no greater than one-third the vertical dimension of the roof.

==> picture [396 x 232] intentionally omitted <==

FIGURE 17.25.090.D: WALL SIGNS

E.

A-Frame Signs. A-frame signs are subject to the following standards:

1.

Maximum Number. One per business.

2.

Maximum Size. Six square feet. The sign area of A-frame signs is not included in the calculation of aggregate sign area allowed pursuant to Table 17.25.070.B, Maximum Allowable Aggregate Sign Area.

3.

Maximum Height. Four feet.

4.

Placement. A-Frame signs must be placed on private property directly in front of the business it is identifying.

5.

Hours of Display. A-frame signs shall be removed during hours when the establishment is not open to the public and cannot be displayed after the activity with which they are associated with is over.

F.

High-rise Building Identification Signs. High-rise building identification signs are allowed on buildings of at least four stories, subject to the following standards:

Maximum Number. One per street frontage.

2.

Maximum Size. One square foot per linear foot of building frontage. The sign area of high-rise building identification signs is not included in the calculation of aggregate sign area allowed pursuant to Table 17.25.070.B, Maximum Allowable Aggregate Sign Area.

3.

Location. Signs shall be located on the upper-most story of the building.

G.

Temporary Signs. Any temporary sign, banner, balloon, pennant, valance or advertising display for any event of limited duration including, but not limited to, entertainment, sporting events, elections, construction, sales of goods, and real estate sales and rental may be erected and located in accordance with the following standards. Tenants and units include planned future tenants and units to be constructed for which a planning approval has been granted or for which a building permit has been issued.

1.

RS and RL Districts.

a.

Maximum Sign Area. Six square feet per street frontage.

b.

Maximum Height. Six feet above existing grade.

c.

Location. Signs greater than three square feet in size shall be setback from all property lines a minimum of five feet.

2.

RM and RH Districts.

a.

Maximum Sign Area. Twenty square feet per street frontage.

b.

Maximum Height. Ten feet above existing grade.

c.

Additional Individual Unit Signs. Each ground floor unit is also allowed one sign up to six square feet in size and six feet in height. Each upper floor unit is allowed one sign up to three square feet in size and located no higher than the eave line or parapet line of the unit.

d.

Location. Signs between three and ten square feet in size shall be setback from all property lines a minimum of five feet. Signs ten square feet in size or larger shall be setback from all property lines a minimum of ten feet.

3.

NC, CMU, CR, CC, and OP Districts.

a.

Maximum Sign Area. Thirty-two square feet per street frontage.

b.

Maximum Height. Six feet above existing grade

c.

Additional Individual Tenant/Unit Signs. Each ground floor tenant/unit is allowed one sign up to three square feet in size and six feet in height. Each upper floor tenant/unit is allowed one sign up to three square feet in size and located no higher than the eave line or parapet line of the unit.

d.

Location. Signs between three and ten square feet in size shall be setback from all property lines a minimum of five feet. Signs ten square feet in size or larger shall be setback from all property lines a minimum of ten feet.

4.

RC, BTP, LI, and GI Districts.

a.

Maximum Sign Area. Sixty-four square feet per street frontage.

b.

Maximum Height. Ten feet above existing grade

c.

Additional Individual Tenant/Unit Signs. Each ground floor tenant/unit is allowed one sign up to six square feet in size and six feet in height. Each upper floor tenant/unit is allowed one sign up to three square feet in size and located no higher than the eave line or parapet line of the unit.

d.

Location. Signs between three and ten square feet in size shall be setback from all property lines a minimum of five feet. Signs ten square feet in size or larger shall be setback from all property lines a minimum of ten feet.

5.

PK and TS Districts.

a.

Maximum Sign Area. Six square feet per street frontage.

b.

Maximum Height. Six feet above existing grade.

6.

PF, OS, and RP Districts.

a.

Maximum Sign Area. Twelve square feet per street frontage.

b.

Maximum Height. Ten feet above existing grade.

c.

Location. Signs between three and ten square feet in size shall be setback from all property lines a minimum of five feet. Signs ten square feet in size or larger shall be setback from all property lines a minimum of ten feet.

7.

Time Limits. Temporary signs shall be removed within fourteen days after the conclusion of the event the drive, the election, or the purpose served by the sign.

a.

Any such sign that remains more than fourteen days after the event shall be considered abandoned and the city clerk and/or public works director, or any of their agents, are authorized to remove the sign without notice.

8.

Removal. The city clerk and/or public works director, or any of their agents, are authorized to remove any sign found to be in violation of this section and shall store the sign in a safe location. The city clerk and/or public works director shall reasonably attempt to contact the person or entity responsible for posting the sign, such as the organization, campaign, committee, and/or candidate. If the sign is not retrieved within fourteen calendar days after such notification, or reasonable attempt thereof, the sign shall be considered as abandoned and the city clerk and/or public works director, or any of their agents, are authorized to dispose of the sign without further notice.

H.

Window Signs. Permanent window signs painted on or otherwise adhered directly onto a window and signs that block a window in any way are subject to the following standards:

1.

Maximum Size. Twenty-five percent of the window area. The sign area of window signs is not included in the calculation of aggregate sign area allowed pursuant to Table 17.25.070.B, Maximum Allowable Aggregate Sign Area.

2.

Height. Window signs shall not be mounted or placed on windows higher than the second story.

==> picture [325 x 201] intentionally omitted <==

FIGURE 17.25.090.H: WINDOW SIGNS

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

17.25.100 - Sign permit required.

A.

Sign Permit Required. Except as otherwise expressly provided in this Chapter, it is unlawful for any person to affix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a face

change of sign copy), move, or display any temporary or permanent sign within the city without first obtaining a sign permit from the director. No sign permit is required for exempt signs and for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made.

B.

Design Review Required. All signs are subject to design review by the planning division.

C.

Conditional Use Permit Required for Outdoor Advertising Structures (Billboards). Outdoor advertising structures displaying general advertising for hire are allowed when oriented towards a freeway in the RC and BTP districts subject to conditional use permit approval.

D.

Applications for Filing, Processing and Review.

1.

Filing and Filing Fee. Application for a sign permit shall be made upon forms furnished by the director and accompanied by the required fee and working drawings adequate to show:

a.

The location, dimensions, construction and design, including colors, materials, lighting, electrical elements, and advertising copy, of the sign.

b.

The location and dimensions of existing structures and the relationship of the proposed sign to existing structures.

c.

The location, dimensions, and design of all existing signs.

2.

Compliance with Standards.

a.

Upon acceptance of a sign application, the director shall review the request for compliance with the standards and requirements of this chapter, and with any standards established in a master sign program pursuant to Section 17.25.110, Master Sign Program.

b.

The director's decision shall clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions.

c.

No permit for construction will be issued until design review, if required, has been granted and the application has been found in conformance with the approved design.

E.

Permit Number Identification. A tag issued by the city indicating the sign permit number shall be affixed to the sign so as to be readily visible by city inspectors.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

17.25.110 - Master sign programs.

A.

Purpose. The purpose of a master sign program is to provide a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a more unified appearance.

B.

Applicability.

1.

A master sign program is required for:

a.

Projects with four or more non-residential tenants,

b.

Multi-unit developments of fifty or more units, and

c.

Whenever five or more signs are proposed for a building or site.

C.

Application. Master sign program applications shall contain all written and graphic information needed to fully describe the proposed sign program, including the proposed location and dimension of each sign, as well as proposed color schemes, font types, materials, methods of attachment or support, and methods of illumination. A master sign program application shall also include calculation of total allowed sign area, and total proposed sign area, for the site.

D.

Allowable Modifications. A master sign program may provide for deviations from the standards of this chapter.

E.

Review Authority. All master sign programs are subject to review and approval of the review authority for the project with which the signs are associated. A master sign program may be submitted separately or as part of the permit application for the project.

1.

The planning commission shall be the review authority for any master sign program application requesting additional sign area, additional height, or an increase in the number of signs otherwise allowed by this chapter.

2.

The director may, at his or her discretion, refer any application for a master sign program to the planning commission for a decision rather than acting on it himself or herself.

F.

Required Findings. In order to approve a master sign program, the review authority must find that all of the following are met, in addition to other applicable regulations in this section:

1.

The proposed signs are compatible in style and character with any building to which the signs are to be attached, any surrounding structures and any adjoining signage on the site;

2.

Future tenants will be provided with adequate opportunities to construct, erect or maintain a sign for identification; and

3.

Directional signage and building addressing is adequate for pedestrian and vehicular circulation and emergency vehicle access.

G.

Lessees to Be Informed of Master Sign Program. Lessees within developments subject to the requirements of an approved master sign program shall be made aware of the master sign program in their lease.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

17.25.120 - Nonconforming signs.

A.

Continuance and Maintenance. Reasonable and routine maintenance and repairs may be performed on signs that are nonconforming provided there is no expansion of any nonconformity.

B.

Abandonment of Nonconforming Sign. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of six months, the nonconforming sign must be removed.

C.

Restoration of a Damaged Sign. A nonconforming sign may be restored if it meets either of the following criteria:

1.

A sign with damage that does not exceed fifty percent of the total sign area, including hardware and attachments, provided that the repairs start within sixty days of the date of damage and are diligently pursued to completion.

2.

A sign that is a danger to the public or is unsafe as determined by the building official.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Each sign displayed within the city, including exempt signs, shall be maintained to comply with the following standards:

A.

Graffiti on a sign shall be removed within two days of notice of its placement on such sign.

B.

The display upon any sign area of a sign shall be maintained in good condition, without rips, tears, and similar damage.

C.

All parts, portions, units and materials composing a sign, together with the frame, background, surface, support or enclosure therefore shall be maintained in a safe condition, painted, and adequately protected from weathering with all braces, bolts and structural parts and supporting frames and fastenings reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute an attractive nuisance.

D.

Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, or other dilapidated condition shall be promptly repaired, to the satisfaction of the city, or removed.

E.

Whenever any sign, by virtue of its physical nature and condition, poses an immediate and serious threat to the public safety, the sign may be removed by city personnel, or its physical deficiency cured, to the extent necessary to protect the public safety. The cost of such removal or repair shall be assessed against the sign owner.

F.

An on-premises sign identifying an activity, business, service or product shall be removed within thirty days following the actual discontinuance of the activity, business, service or product. If the sign is not so removed, the director may have the sign removed in accordance with the public nuisance abatement provisions of this title.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Signs which do not conform to the provisions of this chapter and are erected after its effective date and signs erected after the effective date of this chapter without obtaining the permit required thereby are declared to be unlawful and a public nuisance. All signs declared to be unlawful by this section and all persons erecting or maintaining them shall be subject to the terms of Chapter 17.41, Enforcement and Abatement Procedures.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)