Part I

Landscaping refers to planting and related improvements such as pools, walkways, rock work, sculpture, etc. provided for the purpose of beautifying and enhancing a property, for the control of erosion and the reduction of noise and glare.

• A. When an area is required to be landscaped under the terms of this chapter, the requirement may be met by the installation and maintenance as set forth below, of a combination of living shrubs, trees, vines, lawn or other ground cover, water surfaces and paved or graveled surfaces provided that such paved or graveled area shall not cover more than ten (10) percent of the area required to be landscaped.

• B. Plant materials shall be selected from among those species and varieties known to thrive in the Oakdale area climate. The Site Plan Review Committee may require the substitution of any plant material which they have reason to believe will not survive successfully under the particular conditions of the site in question.

• C. Whenever street trees are required to be installed, such street trees shall conform to the street tree planting plan of the City of Oakdale, contained in Chapter 32 of this Code, in terms of variety, size and spacing, or if the plan is not applicable, shall be selected from a list of approved street trees supplied by the Public Works Department.

• D. Landscaping required by this chapter shall mean the installation of planting and related improvements on the front portion of the lot between the building and the street, except for necessary walks and driveways, and such other areas as may be determined through Site Plan Review.

Screening refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street. When required, screening may be provided by one or more of the following means:

• A. A solid masonry wall meeting the standards of the current adopted edition of the Uniform Building Code.

• B. A solid board fence of approved design with wood posts not less than four (4) inches by four (4) inches and solid board cover not less than one (1) inch in thickness. Masonry piers may be substituted for wood posts.

• C. An opaque evergreen trimmed hedge, the thickness of which shall not be less than forty (40) percent of its required or intended height.

• D. An opaque evergreen informal screen planting, the thickness of which shall not be less than fifty (50) percent of its required or intended height.

• E. An earth berm may be used in combination with any of the above types of screening, but not more than two-thirds (2/3) of the required height of such screening may be provided by the berm.

• F. Height and Location of Screening. Unless otherwise specified screening required by this section shall be not less than six (6) feet in height. In the front yard or street-side yards in R or C Zoning District such screening shall be not less than thirty-six (36) inches in height, unless otherwise specified. All screening shall follow the lot line of the lot to be screened, or the inside edge of the sidewalks, or shall be so arranged within the boundaries of the lot as to substantially hide from adjoining properties the building, facility or activity required to be screened.

• G. Prescribed screening need not be placed along a lot line so long as a building wall, solid fence, or freestanding wall of the required height exists immediately abutting and on the other side of the lot line.

§ 36-24.3. Requirements by zone, standards for installation and maintenance.

• A. Required

1. In the following designated districts, not less than the stipulated per cent of gross site area shall be occupied by landscaping.

   • a. Duplex Residential District (R-2), twenty-five (25%) percent.

   • b. Multiple Family Residential District (R-3), twenty-five (25%) percent.

   • c. Neighborhood Commercial District (C-1), ten (10%) percent.

   • d. Central Commercial District (C-C), no requirement subject to Site Plan Review.

   • e. General Commercial (C-2), ten (10%) percent.

   • f. Limited Industrial (L-M), five (5%) percent.

   • g. Heavy Industrial (M), five (5%) percent.

   • h. Planned Development District (P-D). As required by the Planning Commission and City Council.

2. Determination of Landscaped Area. In determining landscaped area setbacks, when landscaped, private patios and all other areas not occupied by buildings, parking lots, vehicle storage areas, or driveways may be included. Areas occupied by clubhouses, recreation buildings, pools, saunas, interior walkways and similar amenities may be also included as landscaped areas, up to fifty (50) percent of the required landscape area.

3. Development Standards.

• a. Street trees shall be planted in accordance with the provisions of Street Tree Ordinance in Chapter 32 of this Code.

  • b. Any landscaping area provided in front of building(s) in a Commercial or Industrial zoning district shall be counted as double toward meeting the total landscape requirements.

  • c. A landscape strip shall screen parking lots from adjacent streets to a height of three (3') feet.

  • d. Interior planting shall also be provided where practical in areas within a parking lot not used for the parking of vehicles, drives or turning area.

  • e. All planting areas within or abutting a parking lot shall be protected with concrete curbs.

  • f. In all parking lots with a capacity of five parking spaces or more, shade trees shall be provided at a ratio for one tree for each five spaces.

  • g. When a commercial or industrial site adjoins an R District, where fences are required, such fencing shall be landscaped as appropriate.

  • h. All garbage and refuse areas shall be screened from public view.

  • i. Provisions shall be made for a permanent "in place" watering system to all planting areas including street tree wells.

  • j. All required building setbacks shall be incorporated in the landscape design, unless these areas are utilized in driveways, etc.

  • k. In multiple family developments and mobile home parks containing 4 dwelling units or more, 10% of the total building site shall be set aside and landscaped for the purpose of common recreation open space. This 10% may be included in the general landscaping requirements.

  • l. Trees and shrubs in reasonable numbers shall be used in the landscape design; ground covers alone are not acceptable.

  • m. All planting shall be continually maintained in a healthy and attractive condition.

  • n. Plans for the development of required landscaping shall be submitted to the Planning Department for review and approval prior to the issuance of any building permit. When special conditions of design warrant, modifications may be submitted for consideration.

  • o. All required landscaping shall be installed by the developer and approved by Planning Department, prior to occupancy of any building, unless other arrangements are agreed to by the Community Development Director.

4. Sidewalk width and Landscaping in Right-of-Way.

   • a. General – In order to promote the installation of landscaping and street trees, foster innovative design, to conserve natural resources and energy, the City Council may by Resolution designate streets with reduced sidewalk widths.

   • b. Landscaping in Right-of-Way – Any landscaped area within the public right-of-way shall not be used when determining required percentage of landscaping as specified in § 3624.3 (A).

   • c. The location of sidewalks, width, designs, transitions, and materials shall be approved by the Public Works Director.

• d. Design – The design of the landscaping of the public right-of-way shall be included in the Landscape Plan and meet the requirements as specified in this section. Adequate space shall be provided in the landscape area to allow free, unrestricted growth and development of the landscaping and street trees.

5. Plan Reviews and Approval.

The Site Plan Review Committee shall review all plans to determine if such plans will substantially achieve the purpose of this section and to this end may require additions, deletions and/or alterations of the plans submitted. If the Applicant disagrees with any of the requirements or conditions of the Site Plan Review, he may file a written appeal with the Commission within 10 days after the receipt of the notice of decision.

• B. All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. All landscaped areas shall be provided with an appropriate automatic irrigation system.

• C. Heights of plant screens or hedges specified herein indicate the height which may be expected within three (3) years of planting. The height at the time of planting shall be such that in accordance with good landscape practice the fully required height may be achieved within a three (3) year period.

• D. Masonry or wood screening walls shall be maintained in good repair including painting, if required, and shall be kept free of litter or advertising.

• E. The standards set forth herein for location and height of landscaping or screening may be modified as directed by the Site Plan Review Committee whenever it appears that such landscaping or screening would constitute a danger to traffic by reasons of impairment of vision at a street or driveway intersection.

• F. Along a lot line in or adjacent to an R District, except as specified in § 36-24.2 (F), required screening shall not be higher than six (6) feet. Necessary trimming or pruning shall be employed to maintain this height.

Existing trees over six (6) inches in diameter, measured three (3) feet above the base of the trunk, shall be identified on all site plans, and shall be retained whenever possible.

WATER EFFICIENT LANDSCAPING REQUIREMENTS

[Ord. No. 1184, Exh. A, 2010.]

• A. This ordinance shall apply to all of the following landscape projects:

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

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

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

  4. Existing landscapes limited to Sections 36-24.27 and 36-24.28 ; and

  5. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 36-24.14 , 36-24.21 and 36-24.22 ; and existing cemeteries are limited to Sections 36-24.27 and 36-24.28 .

• B. This ordinance does not apply to:

  1. Registered local, state or federal historical sites;

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

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

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

[Ord. No. 1184, Exh. A., 2010.]

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

• A. APPLIED WATER — The portion of water supplied by the irrigation system to the landscape.

• B. AUTOMATIC IRRIGATION CONTROLLER — An automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

• C. BACKFLOW PREVENTION DEVICE — A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

• D. CERTIFICATE OF COMPLETION — The document required under § 36-24.19 .

• E. CERTIFIED IRRIGATION DESIGNER:— A person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.

• F. CERTIFIED LANDSCAPE IRRIGATION AUDITOR — A person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.

• G. CHECK VALVE OR ANTI-DRAIN VALVE — A valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

• H. COMMON INTEREST DEVELOPMENTS — Community apartment projects, condominium projects, planned developments, and stock cooperatives per California Civil Code Section 1351 .

• I. CONVERSION FACTOR (0.62) — The number that converts acre-inches per acre per year to gallons per square foot per year

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

• K. ECOLOGICAL RESTORATION PROJECT:— A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

• L. EFFECTIVE PRECIPITATION OR USABLE RAINFALL (EPPT) — The portion of total precipitation which becomes available for plant growth.

• M. EMITTER — A drip irrigation emission device that delivers water slowly from the system to the soil.

• N. ESTABLISHED LANDSCAPE — The point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

• O. ESTABLISHMENT PERIOD OF THE PLANTS — The first year after installing the plant in the landscape or the first two (2) years if irrigation will be terminated after establishment. Typically, most plants are established after one (1) or two (2) years of growth.

• P. ESTIMATED TOTAL WATER USE (ETWU) — The total water used for the landscape as described in § 36-24.14 .

• Q. ET ADJUSTMENT FACTOR (ETAF) — A factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two (2) major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)=(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is 0.8.

• R. EVAPOTRANSPIRATION RATE:— The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

• S. FLOW RATE — The rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

• T. HARDSCAPES — Any durable material (pervious and non-pervious).

• U. HOMEOWNER-PROVIDED LANDSCAPING — Any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this ordinance, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner-occupied dwellings.

• V. HYDROZONE — A portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

• W. INFILTRATION RATE — The rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

• X. INVASIVE PLANT SPECIES — Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

• Y. IRRIGATION AUDIT — An in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.

• Z. IRRIGATION EFFICIENCY (IE) — The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this ordinance is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.

) — The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this ordinance is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.

• AA. IRRIGATION SURVEY — An evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

• BB. IRRIGATION WATER USE ANALYSIS — An analysis of water use data based on meter readings and billing data.

• CC. LANDSCAPE ARCHITECT — A person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615 .

• DD. LANDSCAPE AREA — All the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

• EE. LANDSCAPE CONTRACTOR — A person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

• FF. LANDSCAPE DOCUMENTATION PACKAGE — The documents required under § 36-24.13 .

• GG. LANDSCAPE PROJECT — Total area of landscape in a project as defined in "landscape area" for the purposes of this ordinance, meeting requirements under Section 490.1.

• HH. LATERAL LINE — The water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

• II. LOCAL AGENCY — The City of Oakdale.

• JJ. LOCAL WATER PURVEYOR — Any entity, including a public agency, City, county, or private water company that provides retail water service.

• KK. LOW VOLUME IRRIGATION — The application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

• LL. MAIN LINE — The pressurized pipeline that delivers water from the water source to the valve or outlet.

• MM. MAXIMUM APPLIED WATER ALLOWANCE (MAWA) — The upper limit of annual applied water for the established landscaped area as specified in § 36-24.14 . It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.

iration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.

• NN. MICROCLIMATE — The climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

• OO. MINED-LAND RECLAMATION PROJECTS — Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

• PP. MULCH — Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

• QQ. NEW CONSTRUCTION — For the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

• RR. OPERATING PRESSURE — The pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

• SS. OVERHEAD SPRINKLER IRRIGATION SYSTEMS — Systems that deliver water through the air (e.g., spray heads and rotors).

• TT. OVERSPRAY — The irrigation water which is delivered beyond the target area.

• UU. PERMIT — An authorizing document issued by local agencies for new construction or rehabilitated landscapes.

• VV. PERVIOUS — Any surface or material that allows the passage of water through the material and into the underlying soil.

• WW. PLANT FACTOR OR PLANT WATER USE FACTOR — A factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in

this ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species."

• XX. PRECIPITATION RATE — The rate of application of water measured in inches per hour.

• YY. PROJECT APPLICANT —The individual or entity submitting a Landscape Documentation Package required under § 36-24.13 , to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee.

• ZZ. RAIN SENSOR OR RAIN SENSING SHUTOFF DEVICE — A component which automatically suspends an irrigation event when it rains.

• AAA. RECORD DRAWING OR AS-BUILTS — A set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

• BBB. RECREATIONAL AREA — Areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.

• CCC. RECYCLED WATER, RECLAIMED WATER, OR TREATED SEWAGE EFFLUENT WATER — Treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

• DDD. REFERENCE EVAPOTRANSPIRATION OR ETO — A standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Section 495.1, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated.

• EEE. REHABILITATED LANDSCAPE — Any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1, and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet, is fifty (50%) percent of the total landscape area, and the modifications are completed within one (1) year.

• FFF. RUNOFF — Water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

• GGG. SOIL MOISTURE SENSING DEVICE OR SOIL MOISTURE SENSOR — A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

• HHH. SOIL TEXTURE — The classification of soil based on its percentage of sand, silt, and clay.

• III. SPECIAL LANDSCAPE AREA (SLA) — An area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

JJJ. SPRINKLER HEAD — A device which delivers water through a nozzle.

• KKK. STATIC WATER PRESSURE — The pipeline or municipal water supply pressure when water is not flowing.

• LLL. STATION — An area served by one (1) valve or by a set of valves that operate simultaneously.

• MMM. SWING JOINT — An irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

• NNN. TURF — A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

• OOO. VALVE — A device used to control the flow of water in the irrigation system.

• PPP. WATER CONSERVING PLANT SPECIES — A plant species identified as having a low plant factor.

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

• RRR. WATERING WINDOW — The time of day irrigation is allowed.

• SSS. WUCOLS — The Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000.

[Ord. No. 1184, Exh. A., 2010.]

• A. Prior to construction, the City shall:

  1. Provide the project applicant with the ordinance and procedures for permits, plan checks, or design reviews;

  2. Review the Landscape Documentation Package submitted by the project applicant;

  3. Approve or deny the Landscape Documentation Package;

  4. Issue a permit or approve the plan check or design review for the project applicant; and

  5. Upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.

• B. Prior to construction, the project applicant shall:

  1. Submit a Landscape Documentation Package to the City.

• C. Upon approval of the Landscape Documentation Package by the City, the project applicant shall:

  1. Receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion;

  2. Submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and

  3. Submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.

[Ord. No. 1184, Exh. A., 2010.]

• A. The Landscape Documentation Package shall include the following six (6) elements:

  1. Project information;

     • a. Date

     • b. Project applicant

     • c. Project address (if available, parcel and/or lot number(s))

     • d. Total landscape area (square feet)

     • e. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed)

     • f. Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well

     • g. Checklist of all documents in Landscape Documentation Package

     • h. Project contacts to include contact information for the project applicant and property owner

     • i. Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package."

  2. Water Efficient Landscape Worksheet;

     • a. Hydrozone information table

     • b. Water budget calculations

       • (1) Maximum Applied Water Allowance (MAWA)

       • (2) Estimated Total Water Use (ETWU)

  3. Soil management report;

  4. Landscape design plan;

  5. Irrigation design plan; and

  6. Grading design plan.

[Ord. No. 1184, Exh. A., 2010.]

• A. A project applicant shall complete the Water Efficient Landscape Worksheet which contains two (2) sections:

  1. A hydrozone information table for the landscape project; and

  2. A water budget calculation for the landscape project. For the calculation of the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

• B. Water budget calculations shall adhere to the following requirements:

  1. The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

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

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

  4. ETAF for Special Landscape Areas shall not exceed 1.0.

• C. Maximum Applied Water Allowance.

The Maximum Applied Water Allowance shall be calculated using the equation:

MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]

• D. Estimated Total Water Use.

The Estimated Total Water Use shall be calculated using the equation below. The sum of the Estimated Total Water Use calculated for all hydrozones shall not exceed MAWA.

Where:

==> picture [447 x 90] intentionally omitted <==

ETWU = Estimated Total Water Use per year (gallons)

ETo = Reference Evapotranspiration (inches)

PF = Plant Factor from WUCOLS (see Section 491)

HA = Hydrozone Area [high, medium, and low water use areas] (square feet)

SLA = Special Landscape Area (square feet)

0.62 = Conversion Factor

IE = Irrigation Efficiency (minimum 0.71)

[Ord. No. 1184, Exh. A., 2010.]

• A. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:

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

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

   • b. The soil analysis may include:

     • (1) Soil texture;

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

     • (3) pH;

     • (4) Total soluble salts;

     • (5) Sodium;

     • (6) Percent organic matter; and

     • (7) Recommendations.

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

   • a. If significant mass grading is not planned, the soil analysis report shall be submitted to the City as part of the Landscape Documentation Package; or

   • b. If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certificate of Completion.

3. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

4. The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion.

[Ord. No. 1184, Exh. A., 2010.]

• A. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

  1. Plant Material

     • a. Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. To encourage the efficient use of water, the following is highly recommended:

       • (1) Protection and preservation of native species and natural vegetation;

       • (2) Selection of water-conserving plant and turf species;

       • (3) Selection of plants based on disease and pest resistance;

       • (4) Selection of trees based on applicable local tree ordinances or tree shading guidelines; and

       • (5) Selection of plants from local and regional landscape program plant lists.

  • b. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in § 36-24.17A ,2d.

  • c. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:

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

    • (2) Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; and

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

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

  • e. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per California Public Resources Code Section 4291(a) and (b) . Avoid fire-prone plant materials and highly flammable mulches.

  • f. The use of invasive and/or noxious plant species is strongly discouraged.

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

2. Water Features.

   • a. Recirculating water systems shall be used for water features.

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

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

  • d. Pool and spa covers are highly recommended.

3. Mulch and Amendments.

   • a. A minimum two-inch (2") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

   • b. Stabilizing mulching products shall be used on slopes.

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

   • d. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see § 36-24.15 ).

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

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

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

3. Identify recreational areas;

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

5. Identify areas irrigated with recycled water;

6. Identify type of mulch and application depth;

7. Identify soil amendments, type, and quantity;

8. Identify type and surface area of water features;

9. Identify hardscapes (pervious and non-pervious);

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

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

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

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

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

12. Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan;" and

13. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1 , 5615 , 5641 , 5641.1 , 5641.2 , 5641.3 , 5641.4 , 5641.5 , 5641.6 , 6701 , 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code.)

[Ord. No. 1184, Exh. A., 2010.]

• A. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

  1. System.

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

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

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

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

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

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

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

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

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

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

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

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

• k. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in § 36-24.14 regarding the Maximum Applied Water Allowance.

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

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

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

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

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

  • q. Check valves or anti-drain valves are required for all irrigation systems.

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

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

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

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

    • (3) The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in § 36-24.17A1h. Prevention of overspray and runoff must be confirmed during the irrigation audit.

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

2. Hydrozone.

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

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

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

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

  - (1) Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or 
  
  - (2) The plant factor of the higher water using plant is used for calculations. 
  

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

  • f. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use

this valve number in the Hydrozone Information Table. This table can also assist with the irrigation audit and programming the controller.

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

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

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

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

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

  5. Recycled water irrigation systems as specified in § 36-24.24 ;

  6. The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan;" and

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

[Ord. No. 1184, Exh. A., 2010.]

• A. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other City permits satisfies this requirement.

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

     • a. Height of graded slopes;

     • b. Drainage patterns;

     • c. Pad elevations;

     • d. Finish grade; and

     • e. Stormwater retention improvements, if applicable.

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

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

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

     • c. Avoid soil compaction in landscape areas.

  3. The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the

grading design plan" and shall bear the signature of a licensed professional as authorized by law.

[Ord. No. 1184, Exh. A., 2010.]

• A. The Certificate of Completion shall include the following six (6) elements:

  1. Project information sheet that contains:

     • a. Date;

     • b. Project name;

     • c. Project applicant name, telephone, and mailing address;

     • d. Project address and location; and

     • e. Property owner name, telephone, and mailing address;

  2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package;

     • a. Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification;

  3. Irrigation scheduling parameters used to set the controller (see § 36-24.20 );

  4. Landscape and irrigation maintenance schedule (see § 36-24.21 );

  5. Irrigation audit report (see § 36-24.22 ); and

  6. Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see § 36-24.15 ).

• B. The project applicant shall:

  1. Submit the signed Certificate of Completion to the City for review;

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

• C. The City shall:

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

  2. Approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

[Ord. No. 1184, Exh. A., 2010.]

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

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

2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from Article VI of Chapter 35 of this Municipal Code, the stricter of the two (2) shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

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

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

   • a. The plant establishment period;

   • b. The established landscape; and

   • c. Temporarily irrigated areas.

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

   • a. Irrigation interval (days between irrigation);

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

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

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

   • e. Application rate setting;

   • f. Root depth setting;

   • g. Plant type setting;

   • h. Soil type;

   • i. Slope factor setting;

   • j. Shade factor setting; and

   • k. Irrigation uniformity or efficiency setting.

[Ord. No. 1184, Exh. A., 2010.]

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

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

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

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

[Ord. No. 1184, Exh. A., 2010.]

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

• B. For new construction and rehabilitated landscape projects installed after January 1, 2010, as described in § 36-24.10 :

  1. The project applicant shall submit an irrigation audit report with the Certificate of Completion to the City that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule;

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

• A. For the purpose of determining Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71. [Ord. No. 1184, Exh. A., 2010.]

[Ord. No. 1184, Exh. A., 2010.]

• A. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless a written exemption has been granted as described in § 36-24.24B .

• B. Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the City stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.

• C. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.

• D. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for Special Landscape Areas shall not exceed 1.0.

[Ord. No. 1184, Exh. A., 2010.]

• A. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged.

• B. Project applicants shall refer to the City or Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans.

• C. Rain gardens, cisterns, and other landscape features and practices that increase rainwater capture and create opportunities for infiltration and/or on-site storage are recommended.

[Ord. No. 1184, Exh. A., 2010.]

• A. Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance.

  1. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme.

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

[Ord. No. 1184, Exh. A., 2010.]

• A. This section, 36-24.27, shall apply to all existing landscapes that were installed before the effective date of this ordinance and are over one (1) acre in size.

  1. For all landscapes in 36-24.27A that have a water meter, the City shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62).

  2. For all landscapes in 36-24.27A that do not have a meter, the City shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

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

[Ord. No. 1184, Exh. A., 2010.]

See Chapter 35 , Section 48 of this Municipal Code.

[Ord. No. 1184, Exh. A., 2010.]

• A. A local agency may consider Effective Precipitation twenty-five (25%) percent of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance:

MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)]

The purpose of the off-street parking and loading requirements is to reduce street congestion and traffic hazards by incorporating adequate, attractively designed facilities for off-street parking and loading as an integral part of every use of the land in the City.

• A. There shall be provided on the same site with any use except as modified by § 36-25.3 , offstreet parking spaces for vehicles in accordance with the requirements herein. Where existing buildings not now meeting these requirements are proposed to be enlarged or increased in capacity in excess of ten (10%) percent, in any district except a single-family district, off-street parking shall be provided as required herein for the entire floor area of the structure.

• B. Floor Area. "Floor Area" in the case of office, merchandising or service types of uses means the gross area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients including areas occupied by fixtures and equipment used for display or sales of merchandise. It does not include areas used principally for non-public purposes, such as storage and incidental repair.

[Ord. No. 985, Exh. A, 1991.]

• A. For any new site, structure, or building other than residential, required off-street parking, which due to the size or location of the parcel, cannot be provided on the premises, may be located not more than four hundred (400) feet distance from a building site.

• B. None of the requirements of this chapter for on-site parking shall apply to any real property within the "parking and business improvement area" of the City, as defined in Ordinance No. 506; provided, that the parking and business improvement license tax assessed on any business conducted on any of the real property for which a building permit is requested shall be paid in full, with all arrearage, if any, paid before such building permit shall be issued.

• C. Off-Street Parking and Non-conforming Structures: No building as it exists at the time of the effective date of this Ordinance shall be deemed to be non-conforming solely by reason of the lack of off-street parking spaces, provided that any portion of the premises being used for offstreet parking in connection with any such building shall not be reduced below the requirements of this section.

• D. Cooperative Parking Facilities. Requirements for the provision of parking facilities, with respect to two or more establishments on the same or different sites may be satisfied by the permanent allocation of the requisite number of spaces for each use in a common parking facility, located not farther than four hundred (400) feet measured along the shortest available route of pedestrian access from the site of any such participating use.

• E. Off-Site parking for Commercial "Uses" and Residential "Uses" are subject to the requirements of § 36-18.7 , the SPECIAL PROVISIONS section of the Code as amended.

When the calculation required in this section shall result in the requirement of a fractional space, such fraction, if one-half or greater, shall require an additional space; if less than one-half, it shall be ignored

[Ord. No. 1143, Exh. D.]

All off-street parking facilities or parking design shall conform with the City of Oakdale - Department of Public Works - Standard Specifications

• Standard Parking Spaces shall be a minimum of nine (9) feet in width by nineteen (19) feet in length, totaling one hundred seventy-one (171) square feet.

• Compact Parking Spaces shall be a minimum of seven (7) feet, six (6) inches in width by sixteen (16) feet in length, totaling 120 square feet.

• A. Access. Each parking space shall be accessible from street or alley, or from an aisle or drive connecting with a street or alley. No off-street parking facility for five (5) or more spaces in Residential District shall be designed so that vehicles must back across a sidewalk in order to gain access to a street or alley. Where a parking facility does not abut a public or private street, alley, or access easement there shall be provided an access drive of not less than ten (10) to twelve (12) feet in width. In the case of single-family and duplex structures tandem parking may only be permitted when all required off-street parking spaces are situated behind the front yard and corner street side-yard setback areas.

• B. Pavement. The parking area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water without damage to private or public properties, streets or alleys. Such pavement shall be two (2) inches of asphalt pavement, or shall provide equivalent service and protection.

• C. Border Barricades. Every parking facility containing five (5) or more spaces shall be provided with a suitable concrete, asphalt, timber or other approved barriers, not less than two (2) feet from any street, landscaped area or property line.

• D. Screening. Every parking facility abutting property located in an R District shall be separated from such property by a decorative wall, view-obscuring fence, permanently maintained compact evergreen hedge, a berm, or a combination of any of the preceding treatments, six (6) feet in height measured from the grade of the finished surface of such parking area along the abutting residential property; except that such screening shall not be less than thirty (30) inches in height, and shall not exceed forty-two (42) inches in height adjacent to any required front or exterior side yard area.

• E. Lighting. A parking facility serving an establishment which remains open during hours of darkness shall be provided with adequate illumination. Any lights provided to illuminate a parking facility shall be arranged so as to reflect the light away from any adjacent properties, streets, or highways.

• F. Setback in R Districts. Every parking facility abutting property located in an R District shall provide a ten (10) foot setback from the street for a distance of not less than fifty (50) feet from such district boundary, and said area shall be landscaped in accordance with the provisions of § 36-24 .

• G. Repair Work. No repair work or servicing of vehicles shall be conducted on a public parking area, other than emergency service such as changing a tire or starting a motor.

• H. More Than One Use On a Site. If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this section for each use.

• I. Off-Street Parking Facilities to Serve One Use. Off-street parking facilities for one use shall not be considered as providing required off-street parking facilities for any other use except as provided for in this section.

The provisions of this section as to number of spaces may be modified by the Site Plan Review Committee in the following cases only (any other request for modification shall be submitted as, and meet the tests for a variance):

• A. Up to thirty (30%) percent of the required parking spaces in parking facilities may be reduced in size to accommodate sub-compact cars. The number of spaces required may also be modified by the Committee for uses such as elderly housing or retirement homes where it can be demonstrated that the automobile use or ownership is significantly lower than for other dwelling or lodging houses.

• B. When a common off-street parking facility, located within four hundred (400) feet of the uses served will provide twenty (20) or more parking spaces, the total number of parking spaces required for all the uses served may be reduced by not more than twenty-five percent (25%) upon a finding by the Site Plan Review Committee that the typical use of the off-street parking facility would be staggered to such an extent that the reduced number of spaces would be adequate to serve all uses sharing the facility.

Before any work may proceed on a new or an existing parking facility, a plan shall be submitted to the Planning Department for review and approval, conditional approval or denial. Said plans shall be accompanied by a fee to be determined by the value of the work to be performed, based on the rates established in the Building Code. A permit shall be issued upon approval, and payment of the required fee.

• A. Site Plan Approval. All parking facilities shall be subject to site plan approval as provided herein and all areas not used for parking spaces and access drives shall be landscaped in accordance with the standards of § 36-24 .

For every building or part thereof, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material and merchandise, the following regulations shall apply, provided that commercial or other establishments within a Parking District shall not be subject to these requirements:

• A. For motels, hotels, restaurants, public and business and administrative offices, post offices, hospitals, sanitariums, nursing homes, and charitable and religious institutions and clubs used for human habitation:

• B. For commercial and industrial establishments including retail stores, personal service establishments, commercial service enterprises, warehouses, storage facilities, manufacturing plants and other industrial uses:

• C. Professional offices, public buildings, other than administrative offices, schools, and colleges, places of public assembly, charitable and religious institutions and clubs not used for human habitation, and public utility and public service structures and installations, when any of the foregoing requires the recurring receipt, delivery, or distribution of goods or equipment by truck as prescribed by the Planning Commission.

• D. Railroad stations, railroad freight stations and yards, airports, and heliports as prescribed by the Planning Commission.

• E. Mortuaries: One berth from each 5,000 square feet or major fraction thereof of gross floor area.

• F. Any other use which requires the recurring receipt or distribution of goods or equipment by truck: one berth plus the number of additional berths prescribed by the Site Plan Review Committee.

All off-street loading facilities shall conform to the following standards:

• A. Each loading berth shall be not less than forty-five (45) feet in length and twelve (12) feet in width exclusion of aisle or maneuvering space, and shall have an overhead clearance of not less than fourteen (14) feet, except that for mortuaries, cemeteries, mausoleums and crematories, a loading berth used exclusively for ambulances or hearses shall not be less than twenty-four (24) feet in length and ten (10) feet in width and shall have an overhead clearance of not less than eight (8) feet.

• B. Such space may occupy all or any part of any required yard or court space, except front and exterior side yards, and shall not be located closer than fifty (50) feet to any lot in any R District, unless enclosed on all sides by a wall not less than eight (8) feet in height.

• C. Sufficient room for turning and maneuvering vehicles shall be provided on the site.

• D. Each loading berth shall be accessible from a street or alley or from an aisle or driveway connection with a street or alley.

• E. Entrances from and exits to streets and alleys shall be designed to minimize traffic congestion and shall be placed at locations approved by the Director.

• F. The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties.

• G. Bumper rails shall be provided at locations where needed for safety or to protect property.

• H. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no annoying glare.

• I. No repair work or servicing of vehicles shall be conducted in a loading area.

• J. Landscaping and screening are required in accordance with the standards of § 36-24 .

• K. Location of Off-Street Loading Facilities. Off-Street loading facilities shall be located on the same site with the use for which the berths are required or on an immediately adjoining area.

• L. More than One Use on a Site. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this section for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used, or the use requiring the greatest number of loading berths.

se. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used, or the use requiring the greatest number of loading berths.

• M. At the time of initial occupancy, major alteration, or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading facilities for trucks in accordance with the schedule of off-street loading berth requirements prescribed in § 36-25.8 . For the purposes of this section the terms "major alteration" or "enlargement" shall mean a change of use or an addition which would increase the number of loading berths required by not less than ten (10) percent of the total number required. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in § 36-

25.8 , in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement.

[Ord. No. 913, § 1.]

The provisions of this section as to number of spaces may be modified or increased by the Site Plan Review Committee in the following cases only: (Any other request or modification shall be submitted as and meet the tests for a variance.)

• A. Off-street loading berths in addition to those prescribed in the schedule of off-street loading berth requirements shall be provided if the Site Plan Review Committee finds that such additional berths are necessary to ensure that the trucks will not be loaded, unloaded, or stored on public streets. The finding of the Committee shall be based on an investigation of the anticipated frequency of truck pick-ups and deliveries and of the truck storage requirements of the use for which the off-street loading berths are required.

• B. Space allocated to required off-street loading berths may be used to satisfy the requirements f off-street parking spaces provided the Site Plan Review Committee shall find that the timing of their use is such as to create no conflict.

[Ord. No. 1246-17]

The provisions of this section as to the criteria in approving off-street shared parking facilities for nonresidential buildings or uses in conjunction with a discretionary action (conditional use permit, design review) that requires Planning Commission or City Council approval.

• A. Definition of Shared Parking.

Shared parking may be applied when land uses have different parking demand patterns and can use the same parking spaces/areas throughout the day. Shared parking is most effective when these land uses have significantly different peak parking characteristics that vary by time of day, day of week, and/or season of the year. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately. Land uses often used in specific shared parking arrangements include: office, restaurants, retail, colleges, churches, cinemas, and special event situations. Shared parking is often inherent in mixed-use developments, which includes one or more businesses that are complementary, ancillary, or support other activities. General parking lots and/or on-street parking that is available for patrons of nearby businesses/commercial districts is another form of shared parking.

• B. Application of Shared Parking.

  1. Applicants for new developments or significant redevelopment of site(s) shall examine the feasibility of using shared parking arrangements. (Significant redevelopment could be defined as increasing building size or land uses so that the site's trip generation and/or parking demand would increase by a certain percentage similar to paragraph (2) below).

  2. Shared parking arrangements shall be considered when the number of parking spaces requested by the developer/applicant is more than ten (10) percent higher or more than 10

spaces higher than the minimum number of parking spaces required by Code for a site, whichever is more.

• C. Agreement Between Sharing Property Owners. If a privately-owned parking facility is to serve two (2) or more separate properties, a legal agreement between property owners guaranteeing access, use and management of designated spaces will be considered in an application as a requirement of that application. Such an agreement shall run with the parcels involved and be recorded with the County Assessor's office following approval of the application. Proof of recordation shall be supplied to the City to validate completion of the approved application. Until proof is provided, the application approval shall not be complete.

• D. Shared Parking Plan. In some cases, as determined by the Director or his/her designee, the City shall require a shared parking plan and such plan shall include the following:

  1. Site plan of parking spaces intended for shared parking and their proximity to land uses that they will serve.

  2. A signage plan that directs drivers to the most convenient parking areas for each use or group of uses (if such distinctions can be made).

3. A pedestrian circulation plan that shows connections and walkways between parking areas and land uses. These paths should be as direct and short as possible.

   4. A safety and security plan that addresses lighting and maintenance of the parking areas.

[Ord. No. 1259-18]

The purpose of this section is to enhance the use of signs in support of community development goals. It provides standards for regulation of height, size, location, number and appearance of signs, in order to preserve and enhance property values; to protect and improve the appearance of the City for residents and to attract nonresidents to live or trade; to encourage signing practices that will aid in informing the public; to prevent excessive and confusing sign displays; to reduce hazards to motorists and pedestrians; and to promote public health, safety and general welfare.

[Ord. No. 1259-18]

ATTENTION-GETTING SIGNS

Banners, flag signs, pennants, streamers, spinners, balloons, inflatable signs, search lights, beacons, flashing lights or messages and other similar attention-getting signs, as determined by the City's Public Services Director.

==> picture [392 x 238] intentionally omitted <==

AWNING

A shelter projecting from and supported by the exterior wall of a building. Constructed of nonrigid materials on a supporting framework.

BULLETIN BOARD

A sign used to announce a coming event or attraction or used to convey a specific message related to the building or use of the property on which the bulletin board is located.

CANOPY

An ornamental roof or fixed overhead structure used as a roof, which may or may not be attached to a building and which does not encroach into a public right-of-way.

==> picture [182 x 216] intentionally omitted <==

CONSTRUCTION SIGN

A temporary sign identifying architects, engineers, contractors, subcontractors, material suppliers and lending institutions participating in construction upon the premises on which the sign is located.

CORPORATE FLAG

A flag identifying a business or firm.

DIRECTIONAL SIGN

An on-premise sign giving directions, instruction, or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g. parking or exit and entrance signs.

DIRECTOR

The City of Oakdale's Department of Public Services Director.

ELECTRONIC MESSAGE BOARD SIGN

A sign capable of displaying words, symbols, figures, or images that can electronically or mechanically be changed by remote or automatic means.

ERECT

To build, construct, attach, hang, place suspend, paint or affix, but shall not include change of copy on a sign.

FACE OF SIGN

Area upon which the copy is placed.

HEIGHT

The vertical distance measured from the highest point of a sign to the grade of the adjacent street curb or the surface grade beneath the sign, whichever is less.

==> picture [440 x 228] intentionally omitted <==

IDENTIFICATION SIGN

Any sign whose copy is limited to the name and address of a building, institution, or person and/or the activity or occupation on the premises where the sign is located.

LIGHTED SIGN

Any sign which is illuminated either directly or indirectly by artificial light.

MASTER SIGN PLAN

A coordinated sign plan approved by the Public Services Director or in conjunction with development proposals approved by the City Council or Planning Commission, which includes details of all existing and future signs for all new non-residential projects with four (4) or more tenants.

MONUMENT SIGN

A freestanding sign where the foundation and supporting structure are visually an integral part of the sign creating a continuous form from the ground to the top of the sign. Monument signs shall be an integral and complementary element of the overall architectural and streetscape composition and shall be integrated with the building and landscape design.

==> picture [428 x 192] intentionally omitted <==

MULTI-TENANT PROJECTS

A non-residential project consisting of four (4) or more tenants.

OFF-PREMISES SIGN

A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. The term off-premises sign shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message.

OPEN AIR BUSINESS

An open air business is any business in which the stock in trade or a portion of the stock in trade is stored or displayed outside of a building.

POLE SIGN

A sign detached from any building or structure; the supports of which are permanently affixed on the ground.

==> picture [395 x 253] intentionally omitted <==

POLITICAL SIGN

Any temporary sign used in connection with a local, state or national election, referendum or measure.

PORTABLE SIGN

Any temporary, freestanding A-frame sign, consisting of two (2) message panels, either attached by a hinge or similar device along the top edge or placed on the ground with the base of each panel separated by a sufficient distance to allow the sign to stand upright without other support, or some variation thereof.

==> picture [164 x 125] intentionally omitted <==

PRINCIPAL FRONTAGE

That wall of a building or structure which has frontage on a public street, highway, parking lot, walkway or mall and which is designated as such by the owner or occupant for the purpose of determining sign area.

PROJECTING SIGN

A sign, other than a wall sign, which is attached to and projects from a building wall, roof or other structure not specifically designed to support the sign.

==> picture [182 x 217] intentionally omitted <==

ROOFLINE

The peak of the roof, the top of a parapet, or the top of the wall of a building.

ROOF SIGN

A sign erected or painted wholly on or above the roof covering any portion of a building or on any roof structure including roof-like facades.

SIGN

Any structure, device, fixture or placard using graphics, symbols and /or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods or services. However, a sign shall not include the following:

1. Legal notices, identification, information or directional signs erected by governmental bodies or public utilities.

2. Flags and insignia of a government, school, religious group, or nonprofit organization.

3. A memorial plaque, tablet or cornerstone made an integral and permanent part of the building or structure.

4. Signs within a building which cannot be seen from outside the building.

5. Holiday decorations erected with City Council approval.

SIGN AREA

The area of the sign surface computed by calculating the area encompassed within any regular geometric figure which would enclose all parts of the sign (excluding structural supports, provided they are not used to attract attention). A sign with two (2) or more faces shall have only the largest face included in area measurement if at no point are any faces more than one (1) foot from one another. All faces exceeding a one (1) foot separation shall be included in area measurement.

==> picture [441 x 158] intentionally omitted <==

SUBDIVISION SIGN

A sign indicating the name of a recorded subdivision, contractor or subdivider, owner or agent, and/or giving information regarding directions, price and/or terms.

TEMPORARY SIGN

A sign constructed of expendable material, such as paper, cardboard, vinyl, cloth or canvas, with or without a frame, or constructed as a permanent sign, and intended to be displayed for a short period of time.

TENT SIGN

A roof-like structure of fabric or similar non-rigid material attached to a rigid frame, movable or fixed, and provides protection from the weather and/or is used as a decorative advertisement.

==> picture [441 x 196] intentionally omitted <==

WALL SIGN

Any sign painted on, attached to and erected parallel to the face of an outside wall of a building and which does not project beyond the top or ends of the wall.

==> picture [206 x 249] intentionally omitted <==

==> picture [208 x 246] intentionally omitted <==

WINDOW SIGN

Any sign attached to painted or marked on a window.

[Ord. No. 1029 § 1, 1995: Ord. No. 1113 Exh. A; Ord. No. 1259-18]

• A. SIGN LIMITATIONS AND PROHIBITIONS.

  1. The maximum height of any sign shall be as stated herein, but in no case shall a monument sign or pole sign exceed twenty (20) feet in height. No sign shall project above the roof line of any building to which it is attached.

  2. Wall signs shall not project more than eight (8) inches from supporting wall, unless otherwise specified. No display or messages shall be permitted on the edges of wall signs

except the sign company's identification.

3. No sign shall have or consist of any moving, rotating or otherwise animated part or any flashing, blinking fluctuating or otherwise animated light. In addition, no sign shall approximate or resemble in any way an emergency light or sign. The provisions of this subsection shall not be applied so as to prohibit the following types of signs:

   • a. A sign showing time and/or temperature and which changes no more often than once every 5 seconds.

   • b. A conventional clock face.

   • c. An on-premises barber pole, of a length not to exceed 30 inches, of traditional design which shall be permitted to revolve during the time that a barbershop is open for business. Top of pole shall not be more than ten feet six inches (10' 6") above the ground.

   • d. A permitted Electronic Message Board Sign, as defined in § 36-26.2 and approved under a Major Use Permit in accordance with § 36-26.3(L).

4. TEMPORARY SIGNS: Temporary signs outside setback lines or in public rights-of-way are not permitted except as follows:

   • a. Temporary signs, in excess of the maximum permissible sign areas, may be erected for public events for a period not to exceed fourteen (14) days during any ninety (90) day period; provided however, that the erection of such signs shall be approved through a sign permit by the Director as to location, safety and time period.

   • b. Temporary signs made of rigid materials shall be limited to a sign area of thirty-two (32) square feet.

5. No signs shall be attached to any street tree, or any poles such as utility poles, traffic signals, streetlight, street name signs or traffic warning signs, or on any bus shelter or bench within the public right-of-way, except for holiday decorations approved by the Public Services Department.

6. It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter.

7. Off-premise signs are prohibited in all zoning districts except in industrial districts, or as specifically utilized to display civic events or road safety messages.

• B. PROJECTION INTO PUBLIC RIGHT-OF-WAY: The permitted projection of an authorized sign into any street or alley right-of-way is as follows (Subject to the provisions of § 36-18.23 Vision Obstructions):

  1. Projecting sign: Six (6) feet into any street right-of-way and four (4) feet into any alley rightof-way, but not closer than two (2) feet to the face of the curb.

2. No signs are allowed to project into the public right-of-way at corners created by the intersection of public rights-of-way (e.g. streets, alleys, pedestrian walks).

   3. No temporary sign may encroach upon a public walkway, except as provided in 3626.3(A4).

• C. VERTICAL CLEARANCE: No sign shall be less than eight (8) feet above a public or private sidewalk or sixteen feet above ground level in areas open to vehicular traffic except wall signs not exceeding three (3) inches in thickness.

• D. SIGNS WITHIN SETBACKS: Monument, pole signs and attention-getting signs taller than three (3) feet are subject to the provisions of § 36-18.23 , Vision Obstructions.

• E. OBSTRUCTIONS TO DOORS, WINDOWS OR FIRE ESCAPES: No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape, or exit way.

• F. SIGNS NOT TO CONSTITUTE VEHICULAR TRAFFIC HAZARD: No sign shall be erected at the intersection of any street, railroad grade crossing, or at any driveway in such a manner as to obstruct free and clear vision of motor vehicles or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words "STOP," "DANGER," or any other word, phrase, symbol, or character in such manner as could interfere with, mislead or confuse traffic (See § 36-18.23 , Vision Obstructions).

• G. CONSTRUCTION STANDARDS: All signs, including all parts, portions, units, and material comprising the same together with the frames, backgrounds, supports and anchorage therefor shall be manufactured, fabricated, assembled, constructed and erected in accordance with applicable Building, Electrical, and Fire Prevention Codes of the City of Oakdale; and in accordance with the California Building Code (CBC) and all other future revisions thereof.

  1. All signs constructed over or within five (5) feet of public street or sidewalk shall not have protruding nails, tacks or wires that would constitute a safety hazard. Electrical reflectors and devices may extend over the top and in front of signs.

  2. Solid conduit goose neck reflectors and lights shall be permitted on signs, roof signs, pole signs, and wall signs; provided, that the reflectors shall concentrate the illumination upon the area of the sign so as to minimize glare upon the street or adjacent property.

• H. Nonconforming Signs:

  1. A nonconforming sign shall be any sign which does not comply with the provisions of this section, but was law-fully erected and which was lawfully in existence and in use on the date of the adoption of this chapter.

  2. A nonconforming sign shall not be replaced, altered, reconstructed, relocated or expanded in any manner unless it is made to conform with all the provisions of this section except as follow:

     • a. Other nonconforming signs on the same property need not be made to conform as a result.

• b. Change in copy shall be permitted if no structural changes in the sign are necessary except that no change in copy shall be permitted for nonconforming painted wall signs.

  - c. Ordinary maintenance and minor repairs which will not increase the normal life of the sign and which are required for safety purposes shall be permitted. Structural alterations to a nonconforming sign are prohibited unless they are made to conform to all requirements of the City Code. 
  

  3. If the use identified by a nonconforming sign is abandoned for a period of not less than ninety (90) days, the sign shall be removed unless it is made to conform to the provisions of this section. If such sign is not made to conform or if it is not removed within one hundred twenty (120) days from the time the use is abandoned, it shall thereafter be unlawful. "Abandoned" shall mean cessation of operation or change of use. "Abandoned" shall not mean an ownership change or a name change as long as there is no cessation of the operation for longer than ninety (90) days and the use is not changed.

• I. The permittee shall be required to agree to indemnify and hold harmless the City from all claims for injuries to persons or damage to property by reasons of accidents resulting from the existence of any sign or other advertising structure owned, erected or maintained by the permittee; or resulting from the negligence or willful acts of the permittee, its agents, employees

or workmen, in the construction, maintenance, repair or removal of any sign or other advertising structure erected by virtue of a permit issued under this section.

• J. Portable Signs:

  1. A portable sign, such as A-frame signs, not including attention-getting signs, are permitted provided they comply with the following requirements:

     • a. All portable signs require a permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as portable signs continue to be placed upon the premises. An annual permit fee as established by City Council Resolution shall be charged. Applicant shall provide the Public Services Department with sign models and proposed sign locations prior to issuance of the permit. Permits will be issued for those signs meeting the Sign Ordinance criteria.

     • b. No portable sign shall affect easements, nor restrict or impede pedestrians or disabled persons. Portable signs shall not restrict the clear vision of pedestrians or vehicles as determined by the Public Services Department.

     • c. Portable signs shall be no smaller than twenty-four inches by thirty-six inches (24" x 36") and no larger than thirty-six inches by sixty inches (36" x 60"). Sign size within the allowed parameters may be regulated by the Public Services Department depending on location and safety considerations.

• d. Signs must be finished in appearance and be produced upon a wooden, vinyl or metal structure with professionally produced letters and background which shall include the name of the business and may include products sold or offered. Coloring and lettering shall be of a complimentary nature. No banners may be attached to the portable signs but balloons may be attached so long as the sign and balloon combination does not exceed the allowed sign size.

  - e. Each business shall be allowed one (1) sign per entrance, with sign placed within fifteen (15) feet of the primary public entrance or occupied building space, but no business may have more than two (2) portable signs. 
  
  - f. Signs shall be displayed only during business hours. 
  

• K. Attention-Getting Signs:

  1. Attention-getting signs may be permitted in lieu of a portable sign provided they comply with the following requirements:

     • a. Attention-getting signs require a permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as the sign(s) continue to be placed upon the premises. An annual permit fee as established by City Council Resolution shall be charged. Applicant shall provide the Public Services Department with sign models and proposed sign locations prior to issuance of the permit. Permits will be issued for those signs meeting the Sign Ordinance criteria.

     • b. Each business shall be allowed one (1) attention-getting sign per street or right-of-way frontage, but no business may have more than two (2) attention-getting signs.

     • c. Attention-getting signs may be located anywhere on the parcel of the respective business or within the commonly managed shopping center with the landlord or property manager's permission.

     • d. Attention-getting signs shall not be placed in the public right-of-way or in sight triangles. The signs shall not extend over public sidewalks, alleys, streets, obstruct the view of traffic signals or otherwise endanger the public.

     • e. Attention-Getting Signs for New and Used Automobile Lots, Boat and Trailer Sales, and Rental Establishments shall only be subject to those standards as defined in § 3626.3(M).

  2. Standards:

     • a. Size: Maximum height fifteen (15) feet. Maximum area thirty-two (32) square feet per face.

     • b. Spacing: Minimum of fifteen (15) feet between related or non-related signs.

     • c. Materials: Attention-getting signs shall be constructed of durable materials sufficient to withstand inclement weather, as well as color fading due to sunlight. Metal, wood, plastic and UV-coated nylon are typical materials. Glass and other breakable materials are prohibited. No paper, cardboard, poster board, foam core board or similar materials will be permitted.

     • d. Support: Attention-getting signs shall be self-supporting and weighed appropriately to withstand wind or being overturned by contact. Weights, if required, should be incorporated into the sign construction, not applied.

     • e. Illumination: Attention-getting signs shall not be illuminated.

• f. Maintenance: Attention-getting signs are subject to the maintenance requirements of § 36-26.7 and shall be removed as soon as torn or damaged.

  - g. Display: Signs shall be displayed only during normal business hours and must be removed by close of business each day. 
  

• L. Electronic Message Board Signs:

  1. Electronic Message Board Signs, as defined in § 36-26.2 , are permitted subject to the following requirements:

     • a. Major Use Permit Required. Electronic Message Board may be permitted with the approval of a Major Use Permit. The provisions of a Major Use Permit are provided in § 36-20.1 .

     • b. An Electronic Message Board Sign may only be located in the following areas:

       • (1) Adjacent to a three (3) and four (4) Lane Arterials, as designated in the Oakdale General Plan, with a lot frontage on the required arterial not less than 200 feet,

       • (2) A shopping center of five (5) acres or more, and

       • (3) A public and quasi-public use as defined in § 36-.2.2. (For reference, public and quasi-public uses include, cemeteries, churches, corporation yards, fire stations, hospitals, parks, public utility distribution substations, schools, communication equipment buildings, etc.)

  2. Standards:

     • a. Size: Electronic Message Board signs shall not exceed forty-eight (48) square feet per each side of sign area.

     • b. Height: Electronic Message Board sign face shall not exceed a height of eight (8) feet as measured from the ground. The sign height may exceed this requirement if that portion exceeding (8) feet is an architectural element.

     • c. Design: Electronic Message Board signs shall be designed and constructed similar to the design of a Monument Sign as defined in § 36-26.2 . The base of the Electronic

Message Board sign shall be a solid structure of masonry, stone, or brick. The sign design shall be architecturally consistent with the property in which it is located.

• d. Illumination: An automatic dimming circuit to reduce level of illumination glare between dusk and dawn shall be incorporated into all electronic message board signs. The sign's brightness shall not exceed 0.3 footcandle (over ambient levels) as measured using a footcandle meter at a distance of one hundred (100) feet from the sign face.

• e. Hours of Operation: Electronic Message Board Signs may operate as changeable signs between the hours of 6:00 A.M. and 10:00 P.M. and must be programmed to remain static between the hours of 10:00 P.M. and 6:00 A.M.

• f. Frequency of Change: Copy, Messages, and Video may be changed at a maximum of once each sixty (60) seconds.

• g. Off Premises: Message displayed shall only direct attention to businesses located on the site or business center. No off-site advertising is permitted. Community emergency messages authorized by the Public Services Director are permitted subject to the approval of the property and/or sign owner.

• h. Audio: Use of any audio or sound producing device in conjunction with Electronic Message Board signs is not permitted.

• i. Video: Use of any video images in conjunction with Electronic Message Board signs is not permitted.

  • j. Restrictions: Electronic Message Board signs shall be prohibited from containing animated, moving, blinking, or flashing images.

3. Findings.

In granting any Major Use Permit for electronic message board and video signs, the Planning Commission shall make the following findings:

  - a. The sign is designed and located in such a manner that it does not obstruct visibility of pedestrians or vehicular traffic. 

  - b. The sign as designed and located conforms to all provisions of the Zoning Code and to the goals and policies of the General Plan. 

  - c. Granting the sign request will not be detrimental to the public health, safety, convenience, or welfare, or injurious to other property or improvements in the vicinity. 

  - d. Sign design provides for integration with architecture and landscaping of the site to provide a unified architectural statement through the use of such means as consistency of colors, materials, and architectural form. 

  - e. Any nonconforming or illegal signs located on the site or business center shall be removed in conjunction with the installation of the electronic message board and video sign. 

• M. New and Used Automobile, Boat, and Trailer Lots.

  1. Permitted Signs/Advertising Devices. The following additional types of signs/advertising devices are permitted for new and used automobile, boat, and trailer lots subject to the approval from the Public Services Department:

     • a. Automobile, boat, and trailer toppers (signs magnetically attached to the top, side, or hood of a vehicle, boat, or trailer) according to the following criteria:

       • (1) One sign/device per automobile, boat, or trailer.

     • (2) May not extend more than eighteen (18) inches above the roof of the automobile, boat, or trailer.

  • b. Antenna (slip-on) pennants, according to the following criteria:

    • (1) No more than one per automobile, boat, or trailer.

    • (2) May not project above the height of the antenna when fully extended.

  • c. Under the automobile hood signs (signs designed to fit under an open automobile hood), according to the following criteria:

    • (1) No more than one sign under hood of each automobile.

    • (2) May not extend beyond body of automobile.

  • d. Window stickers, according to the following criteria:

    • (1) Unlimited in size and number, as long as stickers are confined to automobile, boat, or trailer window only.

  • e. Display racks/ramps, according to the following criteria:

    • (1) No more than one rack/ramp per one hundred (100) feet of frontage.

    • (2) No portion of rack/ramp may be more than six (6) feet above grade.

    • (3) Not permitted within any front/rear/side yard setback.

  • f. Temporary or permanent Tent Signs, according to the following criteria:

    • (1) No more than one tent/awning sign per site.

    • (2) May not exceed a maximum height of fifteen (15) feet.

    • (3) May not exceed a maximum area of twenty feet by forty feet (20' x 40').

2. Signs/Advertising Devices Requiring a Permit. The following additional types of signs/advertising devices require a permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as the sign(s) continue to be placed upon the premises:

   • a. Pole banners, consisting of vertical fixed panels mounted at the tops and bottom with brackets on private light standards or poles, according to the following criteria:

     • (1) No more than one permanent light standard or pole, or two (2) if directly opposite each other.

     • (2) May not exceed sixty (60) square feet in total area.

     • (3) Must have a minimum vertical clearance of eight (8) feet.

     • (4) May not extend above the top of the light standard or pole it is attached to.

     • (5) Not permitted off-site or on public utility poles.

   • b. Attention-getting signs, according to the following criteria:

     • (1) Shall maintain a distance of thirty (30) feet between each attention-getting sign.

     • (2) May not exceed fifteen (15) feet in height and eight (8) feet in width.

     • (3) May not extend above the top of the light standard or pole it may be attached to.

       • (4) Must have a minimum vertical clearance of eight (8) feet.

       • (5) Not permitted off site or on public utility poles.

       • (6) Shall only be displayed during normal business hours and must be removed by the close of business.

     • c. Banners, according to the following criteria:

       • (1) No more than one banner per street frontage.

       • (2) Each banner shall not exceed a maximum area of seventy-two (72) square feet.

       • (3) Banners may not be displayed above the roof line of any building, or above the top of any light standard, or pole sign.

       • (4) Banners may be located anywhere on the property that a permanent sign is permitted.

   3. Automobile Rental Establishments shall also be subject to the provisions contained in this section.

   4. Maintenance. All signs/advertising devices permitted by this section shall be maintained to the satisfaction of the Public Services Department at all times.

   5. Review/Approval Process. The Public Services Department review and approval is required for display racks/ramps, tent/awning signs, and any other signs which require a building permit. All other additional signs do not require formal approval as long as they adhere in type, size, location, and number to the standards noted above.

• N. Master Sign Plan.

A master sign plan provides a process for the City's review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a master sign plan is to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects.

1. Applicability.

A master sign plan is required for the following activities:

• a. All new non-residential projects with four (4) or more tenants.

• b. Significant modifications to existing signs or the addition of new signage within an existing non-residential project with four (4) or more tenants.

  • c. Major rehabilitation work on an existing non-residential project with four (4) or more tenants that involves exterior remodeling and/or the application proposes modification to existing signs on the site within a one-year period. For the purposes of this section, major rehabilitation means adding more than fifty (50%) percent to the gross floor area of the building(s), or exterior redesign of more than fifty (50%) percent of the length of any facade within the project.

  • d. All signs installed or replaced within the non-residential project shall comply with the approved master sign plan.

2. Review Process.

   • a. The application shall include architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include illustrations of copy, colors, materials, and samples of the proposed colors and materials. The plans submitted shall also show the location of each sign on buildings and the site. Finally, the

application shall provide standards for the uniform style, construction, size, and placement of signs within the proposed project.

• b. After receipt of a master sign plan application, the Public Services Director shall render a decision to approve or deny the request within thirty (30) working days. Prior to denial of the application, the director shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any sign proposal is in conformance with this title and is consistent with its intent and purpose.

3. Findings.

A master sign plan, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings:

• a. The proposed master sign plan is consistent with the standards for signs as provided in § 36-26 (Sign Ordinance).

• b. The size, location, and design of the signs are visually complementary and compatible with the scale and architectural style of the primary structures on the site, any prominent natural features on the site, and structures and prominent natural features on adjacent properties in the immediate surrounding area.

• c. The proposed signs are in substantial conformance with the design review criteria provided in this title and any applicable design requirements.

4. Compliance Requirements.

The Public Services Director may impose requirements when approving a master sign plan to ensure compliance with this title, applicable design guidelines and the General Plan.

5. Modifications.

The Public Services Director may approve modifications to a previously approved master sign plan that was approved by the Director, Planning Commission or City Council if the director first determines that the modification(s) is minor and that the intent of the original approval, and any applicable conditions are not affected. A new master sign plan shall be required for modifications that would substantially deviate from the original approved master sign plan.

[Ord. No. 911 § 9, 1987; Ord. No. 1226-14 Exh. A; Ord. No. 1259-18]

The following signs are allowed in all land use zones without a permit.

• A. Real estate sign not exceeding sixteen (16) square feet in area and six (6) feet in height, and which advertises the sale, rental or lease of the premises upon which the sign is located.

• B. Wall mounted home occupation and personal name signs not exceeding two (2) square feet in area, and indicating only the name and occupation of the resident.

• C. Signs denoting the architect, engineer or contractor when placed upon work under construction, and not exceeding ten (10) square feet in area.

• D. Professional occupation signs denoting only the name and profession of an occupant in a commercial building, or public institutional building, and not exceeding four (4) square feet in area for each occupant therein.

§ 36-26.5. Requirements For Signs By Specific Zone.

[Ord. No. 953, §§ 6, 7; Ord. No. 995, Appx. A.; Ord. No. 1082, § 1, 2001; Ord. No. 1226-14 Exh. A; Ord. No. 1259-18]

It shall be unlawful for any person to erect, construct or maintain on any lot or parcel any sign of a type having an area and/or height in violation of the following specific requirements.

• A. R-A, R-1, R-2 AND R-3 ZONES:

  1. Signs allowed without a permit as specified in § 36-26.4 , subject to the following additional restrictions:

     • a. Political signs, may be erected as follows:

       • (1) Political signs shall not be lighted either directly or indirectly, and are subject to the provisions of § 36-18.23 Vision Obstructions.

       • (2) Political signs shall be erected no more than sixty (60) days prior to the date of election and shall be removed within seven (7) days after the date of the election.

  2. Signs requiring a sign permit:

     • a. For non-residential uses permitted by conditional use permit additional signing as follows:

       • (1) One bulletin board or sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height when associated with churches, synagogues or civic organizations.

       • (2) Canopy and wall signs limited to one-half square foot in combined sign area for each horizontal lineal foot of any wall. Canopy and wall signs may have external illumination only, no internal illumination shall be permitted.

     • b. For multiple-family developments and mobile home parks containing four (4) or more units there may be one identification sign limited to twenty (20) square feet in area and not exceeding six (6) feet in height located at each entrance to the park or building complex. In addition, at each entrance, there shall be an internally lit sign not to exceed fifteen (15) square feet in area containing a map showing the location of individual sites or units. Each site or unit shall also be identified with self-illuminated and clearly visible numerals.

) square feet in area and not exceeding six (6) feet in height located at each entrance to the park or building complex. In addition, at each entrance, there shall be an internally lit sign not to exceed fifteen (15) square feet in area containing a map showing the location of individual sites or units. Each site or unit shall also be identified with self-illuminated and clearly visible numerals.

  - c. One construction sign over ten (10) square feet but not exceeding twenty (20) square feet in area and six (6) feet in height; provided that such sign shall be removed not later than (30) thirty days after construction is completed. 

  - d. One double sided on-site subdivision sign not exceeding thirty-two (32) square feet in area per sign face and ten (10) feet in height for each recorded subdivision; provided that such sign shall be removed not later than two (2) years from the recording date of the subdivision, except as follows: 

     - (1) Where building permits have been taken out for more than one-half but less than seventy-five (75%) percent of the lots in such subdivision at the end of said two (2) years period, such sign may remain for an additional one year (1) period or until building permits have been issued on all the lots, whichever occurs first, provided the sign is. 

     - (2) Where building permits have been taken out for one-half or less of the lots in such subdivision at the end of said two (2) year period, such sign may remain for an additional two (2) year period or until building permits have been issued on all the lots, whichever occurs first. 

• e. Unlighted subdivision directional signs not exceeding sixteen (16) square feet in area and six (6) feet in height for each recorded subdivision as follows:

  • (1) When the boundaries of any recorded subdivision or any part thereof abut an arterial, as identified in the Oakdale General Plan, one (1) subdivision directional sign shall be permitted which may be located on any vacant lot or parcel which is owned by the subdivision owner.

  • (2) When the boundaries of any recorded subdivision, or any part thereof, do not abut an arterial as identified in the Oakdale General Plan, two (2) subdivision directional signs shall be permitted, which signs may be located as follows:

    • (a) One such sign may be located on property not owned by the subdivision owner with the permission of the property owner on whose property it is to be located.

    • (b) One or both signs may be located only on property owned by the subdivision owner.

  • (3) Such signs shall be removed not later than two (2) years from the recording date of the subdivision, except as follows:

    • (a) Where building permits have been taken out for more than one-half but less than seventy-five (75%) percent of the lots in such subdivision at the end of said two (2) year period, such signs may remain for an additional one (1) year period or until building permits have been issued on all of the lots, whichever occurs first.

• (b) Where building permits have been taken out for one-half or less of the lots in such subdivision at the end of said two (2) year period, such signs may remain for an additional two (2) year period or until building permits have been issued on all of the lots, whichever occurs first.

B. C-1 AND C-2 ZONES:

1. All signs allowed without a permit as specified in § 36-26.4 , subject to the following additional restrictions:

   • a. One (1) for sale or rent sign, not exceeding thirty-two (32) square feet in area and eight (8) feet in height.

   • b. One (1) construction sign, not exceeding thirty-two (32) square feet in area and eight (8) feet in height, provided such sign is removed not later than thirty (30) days after construction is completed.

   • c. Political signs may be erected, maintained and displayed provided each such sign does not exceed thirty-two (32) square feet in area, does not exceed eight (8) feet in height and the combined area of all such signs shall not exceed sixty-four (64) square feet. Such signs shall be erected no more than sixty (60) days prior to the date of the election, and shall be removed within seven (7) days after the election.

   • d. For temporary uses such as Christmas tree sale lots, pumpkin sale lots, and firework stands, one temporary sign may be permitted, not to exceed thirty-two (32) square feet in area and eight (8) feet in height. The erection of such signs shall be approved by the Director as to location, safety and time period.

   • e. One corporate flag per use or occupancy, not exceeding twenty-four (24) square feet in area; dimensions relative to each other shall not exceed a ratio of 2:1. Such flags shall be flown from a flagstaff or flagpole.

2. Signs Requiring a Permit.

   • a. Each business shall be allowed one sign per exterior wall. The face of a wall projecting from another wall shall be considered part of the adjoining wall. The principal frontage may have a parallel or projecting sign on the wall or overhang plus a window or a monument sign. If a group of businesses occupy a space or suite, they shall be allowed only one sign for the group, subject to approval of a master sign plan. Individual types of signs are subject to the following restrictions:

     • (1) Canopy and wall signs, provided that said signs shall be limited to the portion of a building wherein the use or occupancy is conducted. The maximum total area for each sign shall be based on the length of wall where the sign is to be located:

First 50 feet 4 square feet per lineal foot of building frontage; plus Next 50 feet 2 square feet per lineal foot of building frontage; plus Over 100 feet 1 square foot per lineal foot of building frontage

• (2) Monument or pole sign not exceeding seventy-two (72) square feet in area. For parcels or properties that exceed three hundred (300) feet of frontage, an additional monument and pole sign may be permitted for each 100 lineal feet of frontage, subject to the approval of a Sign Permit and/or a master sign plan. Shopping centers shall be permitted one (1) monument and/or pole sign as described below in Subsection 2b .

not exceeding seventy-two (72) square feet in area. For parcels or properties that exceed three hundred (300) feet of frontage, an additional monument and pole sign may be permitted for each 100 lineal feet of frontage, subject to the approval of a Sign Permit and/or a master sign plan. Shopping centers shall be permitted one (1) monument and/or pole sign as described below in Subsection 2b .

• (3) Projecting sign not exceeding seventy-two (72) square feet in area; if any portion projects into or overhangs a public street or alley right-of-way, said sign shall not exceed forty-eight (48) square feet in area.

• b. A shopping center, subject to a master sign plan, shall be allowed one (1) monument sign and/or pole sign per street frontage, indicating the total shopping center use or listing of uses. The lettering for the listing of such uses shall be of a size not greater than one-half the size of the lettering of the shopping center name on such sign. In addition, each business in the shopping center will be allowed one sign per exterior wall, subject to the restrictions outlined above; except that no additional monument or pole signs shall be allowed within the shopping center.

• c. Directional signs located wholly on private property on the premises to which they pertain as follows:

  • (1) One (1) exterior directional sign per use per street frontage of the site not exceeding six (6) square feet in area and three (3) feet in height, and provided business identification shall not exceed one-half of the area on a given face sign.

  • (2) Two (2) interior directional signs for a drive-in restaurant or other eating place with drive-through facilities each sign not to exceed thirty (30) square feet in area and eight (8) feet in height. For other uses, any number of interior directional signs, each not exceeding six (6) square feet in area and six (6) feet in height.

• d. Service Station Price Signs: When the lot or parcel of land is used for gasoline service station purposes, in addition to any freestanding sign permitted under this section, there may be permitted on such lot or parcel of land one price sign per street; provided, however:

  • (1) That such sign shall advertise only the price of the gasoline sold and the hours of operation;

  • (2) Such sign shall not exceed an area of twenty-four (24) square feet;

  • (3) Such sign shall be subject to § 36-18.23 Vision Obstructions.

    • e. Electronic Message Board Signs, as defined in § 36-26.2 and as approved under a Major Use Permit in accordance with § 36-26.3(L).

    • f. Temporary Signs approved by a sign permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as the temporary sign(s) continue to be placed upon the premises.

    • g. Attention-Getting Signs, as defined in § 36-26.2 and approved by a sign permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis.

    • h. New and Used Automobile, Boat, and Trailer Lots, subject to the provisions of § 36.263(M).

• C. CC ZONE:

1. Purpose: The Central Commercial (CC) District is a design district which requires a different level of review than signs within other districts. Except as provided herein all signs erected, placed, or copy change shall be subject to Public Services Department review of its design character consistency with the City's guidelines.

   2. General Exemptions: Exempt from design review, the requirement of a sign permit, or clearance by the Public Services Department except as required by the California Building Code:

      • a. All signs as provided for in § 36-26.4 and 36-26.5 B, 1a through d, except as provided for within this subsection.

      • b. Signs denoting the architect, or contractor when placed upon work under construction, and not exceeding ten (10) square feet in area, such signs shall be removed within fourteen (14) days of occupancy of the building.

      • c. Professional occupation signs with an area less than two (2) square feet, on a wall or fence denoting only the name and profession of an occupant is exempt from design review and may be permitted in addition to any other signs unless a formal tenant index sign is available.

      • d. Memorial signs and plaques installed by civic organization recognized by Council.

      • e. Official flags of the United States, other nation or country, State, County or municipality or internationally recognized organization, provided such flags are not a display for sale.

      • f. Non-advertising holiday decorations.

      • g. One (1) for sale or rent sign, not exceeding sixteen (16) square feet in area and six (6) feet in height.

      • h. Window signs text portion stating hours of operation, address, credit cards accepted and emergency information. Official legal notices issued by a court or governmental agency.

      • i. Signs within a structure not attached to the window or within three (3) feet of the window face. Intent is to not primarily be a window sign if seen from the window, or only part of a display.

   3. Temporary Signs: Temporary signs require a sign permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis as long as the temporary sign(s) continue to be placed upon the premises. Regardless of the status or conformity of all other on-premises signs temporary signs are permitted subject to the following exceptions, standards and limitations:

   • a. No sign shall be greater than twenty (20) square feet in area. A maximum of two (2) such signs are permitted at any one time; and,

   • b. Without notice to the Director, temporary window signs related to pricing and sales may be permitted on the windows facing out which do not cover more than thirty-three (33%) percent of the individual window surface or group of windows facing a street for a period not to exceed fourteen (14) days use during any ninety (90) day period.

   • c. Without notice to the Director, special event signs and civic event signs with an area of less than six (6) square feet, may be placed in windows or upon a building face for up to fourteen (14) days use during any ninety (90) day period.

• d. Special event signs and civic event signs larger than six (6) square feet, may be approved for a limited period of time as a means of publicizing special events such as grand openings, carnivals, parades, charitable events. Such special event signs shall be limited to the following provisions:

  - (1) That non-window special event signs shall be limited to thirty (30) days per event from the date of erection. 
  
  - (2) Special event signs shall not include promotional sales signs. 
  
  - (3) Special event grand opening signs may include beacons, pennants, and streamers, but not inflated devices except for a fourteen (14) day period.
  

4. Prohibited Signs: The following signs are prohibited and inconsistent with the sign standards for the C-C (Central Commercial) District and are therefore prohibited:

   • a. Abandoned signs per § 36-26.3H3.

   • b. Animated, moving, flashing, blinking, reflecting, revolving, or any similar sign, including electronic message boards. Neon and interior lit signs are not permitted, indirect lighting is permitted.

EXCEPTION: One (1) neon sign is permitted per business provided it is no larger than two (2) square feet with the copy "OPEN" only. Traditional barber pole signs approved by the Planning Commission. Awning may be internally lit provided it frames the awning and does not illuminate letters.

• c. Attention-getting signs, except as part of approved special event signs.

• d. Bench signs, chalkboards or blackboards, changeable copy signs, except as allowed by the Planning Commission.

• e. Off-site, off-premises or billboard signs, or permanent sale signs.

• f. Portable signs or A-frame signs except per the temporary sign provisions of this subsection unless approved by the Planning Commission.

• g. Signs on public property, except for traffic regulatory, informational signs, signs required by a governmental agency.

• h. Signs painted on fences or roofs or signs that are affixed to vehicles, excluding permanent signs on commercial vehicles.

• i. Signs which stimulate in color or design a traffic sign or signal, or which make use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic.

• j. No sign shall be erected so as to block views of buildings constructed or remodeled in conformity with the District's Design Guidelines.

  • k. Signs not permitted otherwise which are not permanently attached to awnings or canopies.

  • l. No sign shall be attached to any street, or any poles such as utility poles, traffic signals, street lights, street name signs or traffic warning signs, or any bus shelter or bench within the public right-of-way, except for holiday decorations or other signs approved by the City Council.

  • m. It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter.

5. General Requirements for Permitted Signs:

   • a. Attached to and parallel with the exterior wall of the building, no more than eight (8) inches from the wall. Such signs shall not project beyond the limits of the wall.

• b. Signs may be erected perpendicular to the face of the building if attached to the exterior wall, under a marquee or similar structurally permanent extension from the building. Such signs shall not project beyond the limits of the marquee or roof. The sign display shall be limited to the two perpendicular sides. The signs shall not be less than eight (8) feet above the sidewalk level.

  • c. On awnings or similar structurally permanent extension, signs shall be applied parallel to the surfaces of such extensions and shall not project beyond the edges of the parallel surface.

  • d. Except as provided elsewhere, each business shall be allowed one (1) sign per exterior wall. The face of a wall projecting from another wall shall be considered part of the adjoining wall. Principal frontage may have a parallel or projecting sign on the wall or overhang plus a window or a monument sign. If a group of business occupy a space or suite, they shall be allowed only one (1) sign for the group, subject to a Master Sign Plan.

  • e. Material and lighting: Material for signs shall be non-glossy and natural appearing. Internal illumination, blinking, or moving signs shall not be permitted except as provided in § 36-26.5C4b.

  • f. Non-advertising directional signs to aid vehicle or pedestrian traffic provided that such signs are located on site, have a maximum area which does not exceed three (3) square feet, have a maximum overall height of four (4) feet above grade, when mounted on the monument or decorative pole may be approved by the Director.

  • g. All new buildings and substantial facade remodels shall provide a proposed sign placement options plan to the Planning Commission. Purpose of this requirement is to ensure opportunities for signage is included in the projects design and to avoid future variance requests.

  • h. Roof top signs on historical buildings may be approved by the Planning Commission under the following limitations: (1) the building has retained its' historical integrity; (2) documentation is provided that the historical building had rooftop signage in the past; (3) the sign shall not be internally illuminated; (4) the sign shall utilize historical materials and non-glossy colors and surfaces that integrate with the historical architecture, colors, scale and design elements of the building; (5) roof top signage that meets these requirements shall only be allowed in the historical CC: (Central Commercial) District.

6. Basic Sign Allowance Subject to the Approval of the Director:

   • a. Signs located in the lower fourteen (14) feet of the building with the exception of window signs. Window signs applied with paint or a decal are permitted in upper

stories per other provisions of this Code.

• b. Sign area: Except as provided for in § 36-26.5C6d signs parallel to walls or overhangs shall be limited to one-half (1/2) square foot for each lineal foot of building width, on the side where located, as measured on an elevation of the building, but in no case shall the sign area exceed one hundred (100) square feet. An equal amount of area may be allowed for a logo or trademark. Minor text or wording is permitted if it occupies less than ten (10%) percent of logo sign area.

  • c. Along Yosemite Avenue and F Street, each ground floor establishment shall be permitted a minimum wall sign of twenty (20) square feet provided no freestanding, or projecting signs are located on the same premises. No equal separate logo area permitted using this subsection, a logo area shall be considered as part of the area.

  • d. Signs perpendicular to exterior walls shall be limited to five (5) square feet with a maximum dimension of five (5) feet on a side.

  • e. Permanent window signs or window logos not exceeding thirty-three (33%) percent of the window area do not require the Director's review.

  • f. Multi-tenant directory signs in addition to other signs not to exceed seventy-two (72) square inches per tenant.

7. Basic Sign Allowance, Subject to the Approval of the Planning Commission along Yosemite Avenue and F Streets:

   • a. Signs located fourteen (14) feet, but not above twenty (20) feet above grade.

   • b. Sign area: Signs parallel to walls or overhangs shall be limited to one-half (1/2) square foot for each lineal foot of building width, on the side where located, as measured on an elevation of the building. The Planning Commission may approve up to a twenty (20%) percent larger sign area. But in no case shall the sign area exceed one hundred (100) square feet.

   • c. Second story tenants are allowed equal signage area separately from the ground floor tenants. § 36-26.5C7 is not applicable to second story signs.

   • d. A building name sign, in addition to other signs, limited to buildings with at least two (2) tenants. Sign is limited and intended to identify the building and not a business within. Sign shall not be greater in size than the current one-half (1/2) square foot for each running foot with a maximum of fifty (50) square feet.

   • e. Second story tenants are allowed equal signage area separately from the ground floor tenants. An equal amount of area may be allowed for a logo or trademark with more than ten (10%) percent of the area being in text. Area of text shall be counted as part of the total text signage permitted per § 36-26.5C7b. Except neither are eligible for twenty (20%) percent increase.

   • f. Permanent window signs exceeding thirty-three (33%) percent of the window area in all areas of the C-C District.

   • g. Signs perpendicular to exterior walls larger than five (5) square feet with a maximum dimension of five (5) feet on a side are permitted based on a determination of need: example due to visual physical obstructions such as trees or light poles. Maximum size is limited to ten (10) square feet.

• h. Businesses, fronting on Yosemite Avenue or "F" Street with sufficient setback, as defined in § 36-18.9 . "Special Building Lines," shall be allowed one (1) free-standing sign. Free-standing monument signs shall be limited to twenty-four (24) square feet with an eight (8) foot maximum length. Maximum height from the public sidewalk level

for monument signs shall be limited to four (4) feet. Individual letters shall not exceed twelve (12) inches in height. Where two (2) or more businesses occupy a building or commercial complex only one (1) monument or pole sign is permitted.

8. Nonconforming Signs: A legally established permanent sign which fails to conform to the CC District requirements shall be allowed continued use, except that the sign shall not be:

   • a. Structurally altered so as to extend its useful life. Expanded, moved or relocated or reestablished after a change in use.

   • b. Reestablished after a business has been abandoned for ninety (90) days or more.

   • c. Re-established after damage or destruction of more than fifty (50%) percent and the destruction is other than facial copy replacement and the display cannot be repaired within thirty (30) days of the date of its destruction, as determined by the Director.

   • d. Sign copy and sign faces may be changed on nonconforming signs when there is no change in use of the site other than a name change related to ownership or when only a portion of a multiple tenant sign is being changed.

   • e. Legal nonconforming wall signs shall not prevent the installation of conforming, monument signs, freestanding or window signs.

   • f. Any nonconforming signs shall be required to be brought into conformance or abated in conjunction with any major remodel or reconstruction clearance which is hereafter granted on the same site.

   • g. The Planning Commission may approve continued use of nonconforming signs provided:

     • (1) Painted face signs (no mounted support) may not continue unless remodel does not include disturbance of the painted area, and or cleaning or repainting of the surface will destroy copy from an older era business considered a design feature link with Oakdale's historical past.

     • (2) Existing projecting signs may be retained provided the copy and face character is considered consistent with the guidelines and the sign is not internally lit.

     • (3) That the area of nonconforming projecting sign in excess of requirements shall be subtracted from the wall sign area permitted, except that despite the subtracted area, a five (5) square foot wall sign would be permitted.

     • (4) Replacement of existing canopies and marquees do not require removal of other existing nonconforming signs. Placement of text on a marquee or canopy, being replaced, when other nonconforming signs exist may be approved provided the text area is less than five (5) square feet in area; and,

     • (5) When facade or exterior remodel necessitates removal of a nonconforming wall or projecting sign, it shall not be reattached or replaced without meeting the District's requirements and guidelines.

• h. All existing window and non-temporary signs within the District effective the date of February 22, 1992 shall be considered legal nonconforming signs for the purpose of this Code.

9. Nonconformity/Abatement/Removal of Illegal Signs, on Premises:

   • a. Nothing within this subsection shall prevent the normal maintenance and repair of any nonconforming sign or sign structure during its effective life or as determined under § 36-26.7 . Normal maintenance or repair shall be limited to only:

     • (1) Routine cleaning and painting without different text copy except for style.

     • (2) Replacing of nuts, bolts, screws or nails.

     • (3) Releveling or plumbing the structure without the addition of guys or struts for stabilization.

• D. L-M, and M ZONES: The following on-site signs are permitted except as otherwise stated:

  1. Any sign allowed, with or without a permit, in the C-1, and C-2 Zones subject to the same restrictions as in those zones.

  2. Off-Premises signs are allowed provided that the sign does not exceed an area of one hundred (100) square feet, and twenty (20) feet in height. Off-premises signs shall be spaced no more closely than four hundred (400) feet apart on the same side of the street facing in the same direction.

  3. Electronic Message Board Signs, as defined in § 36-26.2 and as approved under a Major Use Permit in accordance with § 36-26.3(L).

  4. Attention-Getting Signs, as defined in § 36-26.2 and approved by a sign permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis.

  5. Master Sign Plan shall be required in accordance with the provisions of § 36-26.3(N) for onsite signs of multi-tenant projects.

• E. PD (PLANNED DEVELOPMENT ZONES: The following on-site signs are permitted:

  1. Sign limitation shall be made a condition of each PD Zone and approval shall be based on the provisions of the zoning classification most closely approximating the uses proposed in the PD Zone.

  2. Electronic Message Board Signs, as defined in § 36-26.2 and as approved under the adoption of a PD Zone or under a Major Use Permit in accordance with § 36-26.3(L).

  3. Attention-Getting Signs, as defined in § 36-26.2 and approved by a sign permit from the Public Services Department prior to placement, which shall be renewed by the applicant on an annual basis.

  4. Master Sign Plan shall be required in accordance with the provisions of § 36-26.3(N) for onsite signs of multi-tenant projects.

[Ord. No. 1259-18]

• A. Permit Required. Except as otherwise provided in this chapter, it will be unlawful for any person to erect, alter or relocate within the City any sign without first obtaining a sign permit and any other permit that may be required. All illuminated signs shall, in addition, be subject to the provisions of the California Building Code, and the permit fees required thereunder.

Public Services Department approval is required in connection with the issuance of all sign permits and master sign plans, pursuant to the provisions of this chapter, except for signs subject to review and approval of the City Council or Planning Commission. The Public Services Department may refer signs or master sign plans to the Planning Commission for review and approval.

• B. Application for Sign Permit. An application for a sign permit shall be made in writing on a form prescribed by the Public Services Department and shall be accompanied by the required fee, in an amount established by City Council Resolution from time to time. The applicant shall submit plans, drawings and other supporting data as determined necessary by the Public Services Department. The Public Services Department shall establish and maintain a submittal requirement checklist for sign permit applications.

• C. Review of Application and Issuance of Permit. Within thirty (30) calendar days of initial submission, the Public Services Department shall determine whether the application contains all the information and items required by this chapter and other applicable laws.

Should the Public Services Department determine after review of an application, that the proposed sign is in compliance with all the requirements of this chapter and all other applicable laws, ordinances and regulations of the City and of the State, the sign permit shall be issued.

Whenever any sign falls entirely within the definitions of one (1) or more type signs, it shall be subject to the provisions of the most restrictive category.

The required fees shall be doubled for any sign erected prior to the securing of a permit when a permit is required, provided that the sign meets all legal requirements.

• D. Appeals. Any person objecting to any denial, suspension or revocation of a permit applied for or held by him pursuant to the provision of this chapter, or to any action taken by any official of the City concerning such permit, may appeal by written request to the Planning Commission as provided in § 36-22 .

• E. Variance. When practical difficulties or unnecessary hardships would result from the strict application of the provisions hereof, variances may be granted by the Planning Commission as provided for in § 36-21 , after making the appropriate findings contained in § 36-21.5 .

[Ord. No. 1160, § 1; Ord. No. 1259-18]

• A. If the City of Oakdale finds that any sign regulated in this chapter is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, written notice shall be given to the sign owner thereof. If the sign owner fails to remove or alter the structure so as to comply with the standard set forth in this chapter, within ten (10) days after such notice, such sign may be removed or altered to comply by the City at the expense of the sign owner or owner of the property upon which it is located. The City may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.

• B. The owner of any sign, including supporting structures, shall keep the same in a presentable condition at all times. All painted signs, and all supporting structures of any sign, shall be repainted whenever such action is necessary to keep them in good condition, as determined by the Public Services Director.

• C. Any sign which no longer advertises a bona fide business conducted, or a product available for purchase by the public for a period of ninety (90) days or more, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within thirty (30) days after written notification from the City of Oakdale, and upon failure to comply with such notice within the time specified in such order, the City is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached, or, if the sign is not attached to a building, by the owner of the sign.

• D. This section shall be punishable as an infraction, and subject to administrative remedies as set forth in Article V of Chapter 19 .

The following fees are established for the specified applications by City Council Resolution:

• A. Amusement Game Machine Installation Permit

• B. Home Occupation Permit

• C. Site Plan Review

• D. Use Permit

• E. Variance

• F. Zone Changes, Prezoning, and Amendments

• G. Appeal

• H. Sign Permit

Fees shall be due and payable in legal tender at the time the application is made with the City.

Applications shall not be processed by the Director until the Director has certified that all applicable Filing Fees have been paid.

The Director may waive a specific application Filing Fee if, in the opinion of the Director, the application is required to correct for any license or permit issued in conflict with this chapter.

Whenever the Director, Site Plan Review Committee, Planning Commission, or City Council determines that an application was not required for the action requested by the applicant, the Director shall reimburse the applicant the full amount of the Filing Fee within ten (10) days following the determination. There shall be no reimbursement for any application which is denied by either the Director, Site Plan Review Committee, Planning Commission, or City Council.

[Ord. No. 1044, § 1.]

• A. It is declared that the public interest and welfare require that the City establish a program for the preservation of oak trees and significant trees in order to maintain the heritage and character of the City of Oakdale as well as preserve the beauty and identity of the community. Toward this purpose, this section establishes regulations for the installation, preservation, protection and selected removal of trees within the City limits. In establishing these procedures it is the City's intent to preserve and encourage the regeneration of a healthy urban forest that contributes to clean air, soil conservation, aesthetics, enhanced property values and a quality of life that will ensure that Oakdale will continue to be a desirable place to live.

• B. This Section provides policies, regulations and specifications necessary to govern the preservation of oak trees and significant sized trees within the City and to control their removal. These provisions apply to new development, redevelopment and zoning changes that could result in development of land use intensities and development patterns that could impact existing oak trees and existing significant sized trees.

• C. The policies and procedures contained in this section apply equally to private property and to projects being pursued by public agencies, including but not limited to the City of Oakdale. It shall be the City's policy to encourage other agencies to comply with these provisions even when the City does not have legal jurisdiction over the actions of that agency. In particular the City encourages Stanislaus County to adopt regulations to protect oak and significant trees within the City of Oakdale's Sphere of Influence. The County and landowners in the City's sphere are requested to consult with the City prior to proposed removal of these trees within the City Sphere of Influence.

[Ord. No. 1044, § 1.]

As used in this section:

• A. BOND — Means a type of financial security; equivalent forms of financial security shall be subject to approval by the Director.

• B. DIRECTOR — Means the Director of the Community Development Department or his/her designated representative.

• C. DRIPLINE — Means an imaginary line extending downward from the ends of the outermost branches of the tree to the ground.

• D. MATURE TREE — Means any oak tree with a trunk of six (6) inches or greater diameter as measured three (3) feet from the lowest adjacent natural ground level.

• E. OAK TREE — Means any species of the genus "Quercus" having a trunk or trunks of three (3) inches diameter as measured at a point three (3) feet above the ground.

• F. SIGNIFICANT TREE — Is a designation for any species of tree having a trunk or trunks of twenty-four (24) inches diameter as measured at a point three (3) feet above the ground.

• G. PERMIT — Means a written authorization by the Director of the City Council that specifically designates the location, number, type and size of oak trees that a person has permission to impact in a potentially adverse manner, or remove.

• H. PERSON — Means individuals, associations, corporations, public agencies and their agents and employees.

• I. HEALTHY TREE — Means a tree exhibiting good structural integrity, free of serious diseases, and maintaining normal appearance appropriate to the species including size of tree and leaves, normal coloration, and displaying normal vigor and growth characteristics of the species. Health and condition shall be determined consistent with the "Guide for Plant Appraisal", an International Society of Arboriculture publication (1992 or subsequent editions).

[Ord. No. 1044, § 1.]

No person shall destroy or remove any oak tree or significant tree growing on private or public property within the City limits of the City without a permit. A permit to destroy or remove an oak tree or significant tree shall not be granted except as provided in this Code.

[Ord. No. 1044, § 1; Ord. No. 1227-14 Exh. A.]

• A. Any persons or agents of any such persons wishing to remove one (1) or more oak or significant trees from any parcel in the City shall complete the City's Tree Removal Permit Application and submit it to the Public Services Department for a determination/permit.

• B. A permit application shall contain a plot plan showing the location, type and size of tree(s) proposed to be removed, a brief statement of the reason for removal, and other pertinent information that the City Manager or his or her authorized designee may require. If the tree or trees are proposed for removal because of their condition, a certified arborist's determination of the state of health of the oak or significant tree(s) may be required.

A tree removal permit fee will be collected for projects involving new development or entitlements within the City. Projects that will be assessed a permit fee include, but are not limited to commercial, industrial, institutional, and residential projects. The permit fee will not apply to existing residential dwellings or existing development not proposing new construction.

A base fee of seventy-five ($75.00) dollars will cover the cost of permit administration. An additional deposit may be required by the City Manager or his or her authorized designee to retain a licensed arborist or other qualified professional consultant to assist the City in assessing the condition of trees.

• C. Except as specifically provided in § 36-28.6 of this section, the City Manager or his or her authorized designee shall not be authorized to approve removal of a healthy, mature oak tree as defined by this section. The only oak trees whose removal the City Manager or his or her authorized designee is authorized to permit, are trees that are of less than mature size or which are, in the City Manager's or his or her authorized designee's findings, clearly dead or diseased beyond correction.

• D. If a request is being made to remove one (1) or more healthy, mature oak trees, the City Manager or his or her authorized designee shall prepare a report to the City Council, outlining the proposal and his/her recommendation. These same factors shall be used by the City Manager or his or her authorized designee to consider requests for removal of trees that are significant trees, diseased or of less than mature size.

  1. The condition of the oak or significant tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference

with utility services, and its status as host for a plant, pest or disease endangering other species of trees or plants with infection or infestation.

2. The necessity of the requested action to allow construction of improvements or otherwise allow reasonable use of the property for the purpose for which it has been zoned. In this context, it shall be the burden of the person seeking the permit to demonstrate to the satisfaction of the City Manager or his or her authorized designee that there are no reasonable alternatives to the proposed design and use of the property. Every reasonable effort shall be made to avoid impacting oak trees and significant trees, including but not limited to: flexible application of City standards, utilizing custom building design alternatives, and the applicant incurring additional costs to save oak and significant trees.

   3. The topography of land, and the potential effect of the requested tree removal on soil retention, water retention, and diversion or increased flow of surface waters. The City Manager or his or her authorized designee shall consider how either the preservation or removal of the oak or significant tree(s) would relate to grading and drainage. Except as specifically authorized by the Planning Commission and City Council, ravines, stream beds and other watercourses that provide a habitat for oak and significant sized trees shall not be disturbed;

   4. The number, species, size and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty and the general welfare of the City as a whole;

   5. Good forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.

• E. For applications to remove oak trees the City Manager or his or her authorized designee shall post for fifteen (15) days a "Notice of Tree Removal Request" in the front yard of the property, stating the date(s) of the tentative public meeting consideration. The City Manager or his or her authorized designee shall agendize the tree removal request as a staff report item.

• F. In conjunction with the intended decision made on an application for a permit, the City Manager or his or her authorized designee shall attach or recommended for City Council consideration reasonable conditions to ensure compliance with the stated purposes of this section, and a condition requiring tree replacement provisions that generally include one to two (1-2) twentyfour (24) inch box trees (providing one-and-one-half (1-1/2) inch minimum trunk caliper measurement) or three to five (3-5) fifteen (15) gallon plantings of an appropriate species to be planted in a suitable location as substitutes for removed trees, at the sole expense of the applicant; the applicant shall be required to post a tree planting performance bond or security to ensure that replacement trees are properly established and maintained for two (2) growing seasons.

unk caliper measurement) or three to five (3-5) fifteen (15) gallon plantings of an appropriate species to be planted in a suitable location as substitutes for removed trees, at the sole expense of the applicant; the applicant shall be required to post a tree planting performance bond or security to ensure that replacement trees are properly established and maintained for two (2) growing seasons.

• G. In conjunction with the development or use of any property where there is a question in the mind of the City Manager or his or her authorized designee as to possible impacts on an existing oak or significant tree(s), the City Manager or his or her authorized designee shall require that a tree preservation security be posted in an amount based on the valuation of the trees according to the guidelines set forth within the International Society of Arboriculturists publication "Guide for Establishing Value of Trees and Other Plants." The purpose of the security is to ensure the intention to preserve trees not approved for removal.

• H. This security shall be held for a reasonable period of time following grading or other development activity on the parcel, not to exceed three (3) years; the security is to be released upon the satisfaction of the City Manager or his or her authorized designee that the trees to be preserved have not been endangered. In instances where trees not approved for removal have been destroyed, the security shall be applied, for the value of the destroyed tree(s), and be used for the replacement and preservation of City oak or significant trees, as required by the City Manager or his or her authorized designee.

[Ord. No. 1044, § 1.]

• A. Notice of the Director's decisions regarding oak trees that are within his/her jurisdiction to approve removal shall be given by personal delivery or first class mail to the applicant and to any person filing a written request. Any such decision shall include a statement of the reason for the decision and the conditions which were attached.

• B. The Director shall post either (1) a "Notice of Intent" of the tree removal permit issuance on the property for the duration of the fifteen (15) day appeal period, stating the tree removal proposal, the Director's intended decision, and the proper procedure for formal appeal, or (2) a "Notice of Tree Removal Request" on the property, stating the date(s) of tentative public meeting consideration.

• C. Any person aggrieved or affected by the Director's decision may appeal the decision to the City Council by filing a written appeal with the City Clerk within fifteen (15) days of the date of the Director's notice. Any such appeal shall be accompanied by an appeal fee in the amount established by resolution of the City Council. Property owners within three hundred (300) feet of the subject site shall receive notice of the appeal no later than ten (10) days prior to the scheduled public hearing to consider the appeal.

• D. If no appeal is filed within such time, the Director shall promptly implement his/her intended decision by denying or issuing the permit, with or without conditions. An appeal shall automatically stay execution of the implementation of the intended decision until the appeal has been considered and decided by the City Council.

• E. The City Clerk shall place all such appeals on the agenda of the next regular Council meeting and shall give notice to the applicant and/or appellant. The City Council shall consider and decide all issues raised in the appeal and may call for expert witness from a consulting tree specialist, for which the City may require reimbursement from the applicant. The decision of the Council shall be final.

• F. The Planning Commission shall not have the authority to approve removal of mature oak or significant trees. The Commission may, however, as part of a development review process, recommend to the City Council that the Council permit selected oak or significant sized trees to be removed. The criteria to be used by the Planning Commission in making such recommendation shall be as specified in § 36-28.4(D) of this chapter.

[Ord. No. 1044, § 1.]

• A. In the case of emergency caused by dangerous condition of an oak tree or significant tree requiring immediate action for the protection of life or property, a tree may be cut down in whole or in part on the order of the Director, or any on-duty member of the Police and Fire Departments. A report recording the reasons for such action may be required by the Director.

• B. Public utilities subject to the jurisdiction of the Public Utilities Commission of the State of California may also take such action as may be necessary to maintain a safe operation for their facilities.

• § 36-28.7. Preservation of Existing Oak and Significant Sized Trees.

[Ord. No. 1044, § 1.]

• A. When proposed developments encroach into the dripline area of oak or significant sized trees, special construction techniques to allow the roots to breathe and obtain water may be required by the Director with respect to any application for a building, grading or development permit. During construction, such protection measures shall include, but not be limited to, installing a high visibility tree protection fence (minimum three (3) foot high fence with metal stakes/posts at eight (8) to ten (10) foot intervals) around the dripline(s) of a tree or trees to be preserved. All development applications, where oak or significant sized trees may be affected by development, shall include a certification by a registered civil engineer, land surveyor or licensed tree specialist attesting to the accuracy of the tree trunk and dripline locations.

• B. As a general rule, the existing ground surface within the dripline of any oak or significant tree shall not be cut, filled, compacted or pared. Excavation adjacent to any oak or significant tree shall not be permitted where, in the judgment of the Director, material damage to the root system will result. Exceptions may be approved by the Director based on qualified consultation, at the cost of the developer, resulting in reasonable assurance that the tree will not be damaged.

[Ord. No. 1044, § 1.]

• A. When any building permit is applied for pursuant to this Code and the proposed structure would require the destruction or removal of an oak or significant tree, the official responsible for issuing the permit shall take into consideration the provisions of this section in the granting or denying of such permit, and the applicant shall be required to obtain a permit in accordance with the provisions of this section.

• B. In the event a permit to destroy or remove an oak or significant tree is issued in order to enable the applicant to carry out a development or improvement of this property, such permit shall be valid and effective only in connection with the actual accomplishment of such project for which a permit has been issued.

[Ord. No. 1044, § 1.]

• A. For the purposes of safeguarding oak or significant trees during construction, the following conditions shall apply.

  1. Prior to issuance of a grading or building permit, all oak or significant trees on a building site shall be inventoried by the owner of such site or by the contractor as to size and location on the site. Such inventory shall be submitted to the Director, and field checked by City staff to verify the number, size and location.

  2. Damage to any tree during construction shall be immediately reported to the Director by any person causing such damage, the responsible contractor, or the owner of the site, and such persons shall be required to treat the tree for such damage as specified by the Director.

  3. Oil, gasoline, chemicals and other construction materials or equipment which might be harmful to oak and significant sized trees shall not be stored under the dripline or upslope of the tree(s).

  4. Drains shall be installed according to City specifications so as to avoid harm to the oak or significant trees due to excess watering.

  5. Wires, signs and other similar items shall not be attached to oak or significant trees.

  6. Cutting and filling around the base of oak or significant trees shall be done only after consultation with the Director, and then only to the extent authorized. The Director may require professional consultation, at the applicant's cost, to make appropriate determinations.

  7. No paint thinner, paint, plaster or other liquid or solid excess or waste construction materials or waste water shall be dumped on the ground or into any grate between the dripline and the base of oak or significant trees, or uphill from any oak or significant tree where such substance might reach the roots through a leaching process.

  8. Tree protection fences (minimum three (3) foot high visibility fence with metal posts at minimum every ten (10) feet) shall be installed at the dripline to prevent compaction and injury to a tree's surface roots, to prevent injury to oak or significant trees exposing them to disease causing organisms.

  9. Wherever cuts are made in the ground near the roots of oak or significant trees, appropriate measures shall be taken to prevent exposed soil from drying out and causing damage thereto. All cuts within the dripline of a tree are to be made by hand (no backhoes or graders.)

  10. Trimming cuts one (1) inch in diameter and over must be covered at the time the cuts are made with a tree seal pruning compound approved by the Director. All root pruning is to be done by hand.

• B. If the Director has reason to believe that construction or development activities may endanger an oak tree or significant tree, he/she may seek professional consultation, at the expense of the person seeking to undertake construction or development of the property, to recommend measures necessary to safeguard the tree(s).

[Ord. No. 1044, § 1.]

Oak and significant trees required to be kept on a building site and oak trees or other trees required to be planted as a condition of construction shall be maintained after completion of construction according to accepted arboricultural practices for the purpose of maintaining or furthering the health of such trees. The Director may require that drought-resistant landscaping be installed as an alternative to irrigated landscaping where appropriate.

[Ord. No. 1044, § 1.]

It is unlawful for any person to willfully destroy, significantly disfigure, poison or attempt to kill an oak or significant tree in the City. Any action that would endanger an oak or significant tree and that results in its destruction shall be subject to the same penalties as removal without authorization. The person or party responsible for willfully causing the destruction or removal of an oak tree or significant tree shall be held responsible for the payment of any penalties in conjunction with its removal.

[Ord. No. 1044, § 1.]

• A. The Director shall be responsible for the enforcement of this section. The Community Development Department may accept and process applications for tree removal in conjunction with building permit or land use applications, and City or other agency initiated projects.

• B. If a request for a tree removal is received as part of a new subdivision or property development proposal, within the range of his/her authority the Director may grant permission for tree removal. In those situations that are not within his/her authority, the Director shall prepare recommendations for City Council consideration and action.

[Ord. No. 1044, § 1.]

• A. Any person violating any of the provisions of this chapter is subject to a financial penalty.

• B. Any person violating any portion of this section is punishable by a fine or fines the amount of which would be determined based on the valuation of trees according to the guidelines set forth within the International Society of Arboriculturalists publication "Guide for Plant Appraisal" (1992, or subsequent edition) up to an amount not to exceed ten thousand ($10,000.00) dollars per tree. The fine(s) shall be based on an appraisal by a qualified arboriculturalist or similarly licensed professional, using the criteria consistent with the above publication. The fee for the appraisal shall be added to the penalty established by the appraisal.

• C. Any person who violates any portion of this section that results in the loss of a protected tree, shall be required to replace said tree with a new twenty-four (24) inch box tree and/or additional plantings, of the same species. The location of replacement tree shall be in the exact location of the tree removed.

• D. These fines may be levied in full or in part as deemed necessary by a court of law.

• E. Fines collected shall be placed in an oak and significant tree preservation and replacement fund to be utilized for the preservation and replacement of oak and significant trees within the City. The Director shall coordinate use of this fund and undertake programs consistent with the purpose and intent of this section.

[Added 8-2-2021 by Ord. No. 1276]

The purpose of this section is to provide a clear and streamlined permitting process for mobile food vendors and to establish proper permit and regulatory procedures to ensure the health and safety of the community while at the same time promoting business in the City for residents and visitors.

[Added 8-2-2021 by Ord. No. 1276]

As used in this section:

DIRECTOR

Is the Public Services Director.

FOOD VENDOR VEHICLE

Is a motorized vehicle or a trailer that can be pulled by motorized vehicle that is used by a mobile food vendor.

MOBILE FOOD VENDOR

Is any person that operates a vending business that sells food and beverage ready for immediate consumption directly to any consumer from a food vending vehicle or trailer. This definition does not include ice cream trucks, or other moving vendors. The vendor could be the business owner, employee, or property owner.

PUBLIC RIGHT-OF-WAY

Means and includes all areas legally open to public use as public streets, roadways, highways, parkways, alleys, and any other public right-of-way.

SIDEWALK/PUSHCART MOBILE FOOD VENDOR

Is any person that operates a vending business that sells food from a pushcart, stand, display, pedal-driven cart, or other non-motorized conveyance.

[Added 8-2-2021 by Ord. No. 1276]

• A. Regulation of Sale.

  1. It shall be unlawful for any person to vend, or attempt to engage in vending or operate any vehicle or conduct any business for the purpose of vending from any vehicle or conveyance parked, stopped, or standing upon any public street, alley, highway, or property, or private street, alley, or property within the City of Oakdale except in accordance with applicable provisions of this Code.

  2. The sale of alcohol and tobacco products is prohibited.

• B. Zoning Districts.

  1. Mobile Food Vendors shall be considered a permitted use subject to the approval of a Conditional Use Permit in the following City of Oakdale zone districts: C-C, CentralCommercial, C-1, Neighborhood Commercial; C-2, General Commercial; L-M, Limited Industrial; M-1, Light Industrial; and M-2. Heavy Industrial except as follows:

     • a. It is prohibited that any vendor park or conduct business in the public right-of-way on the following streets: Yosemite Avenue, F Street, First Avenue, Second Avenue, Third Avenue and within the L-M, Limited Industrial, M-1, Light Industrial, and M-2 Heavy Industrial districts.

  2. Residential Zone Districts. A mobile food vendor may not operate within residential districts except as follows:

     • a. Public Right-of-Way. Mobile Food Vendors such as ice cream trucks or mobile pushcart vendor may circulate and stop temporarily for sales, but shall not remain stationary for more than five minutes.

     • b. Private Property. Mobile Food Vendors on private property are prohibited unless the vendor has been hired to cater at a private residence at no cost to the guests of property owner.

• C. Authority to Operate in the City.

1. Any mobile food vendor who wishes to operate within the Oakdale City Limits shall apply for and obtain a City of Oakdale Business License and a Conditional Use Permit issued by the Public Services Director or his designee except as follows:

   • a. Public Right-Of-Way. Mobile Food Vendors such as ice cream trucks who circulate in the public right-of-way and stop temporarily for sales for no longer than five minutes, a City of Oakdale Business License is required.

   • b. Private Property. Mobile Food Vendors on private property are prohibited unless the vendor has been hired to cater at a private residence at no cost to the guests of property owner, a City of Oakdale Business License is required.

2. Any Mobile Food Vendor to locate on Private Property, a Minor Use Permit is required.

3. Any Mobile Food Vendor to locate in the Public Right-of-Way, a Major Use Permit is required.

4. Any Sidewalk/Pushcart Mobile Food Vendor, an Annual Temporary Use Permit is required.

[Added 8-2-2021 by Ord. No. 1276]

It is unlawful for any mobile food vendor to operate on Private Property unless the mobile food vendor has met the following conditions.

1. Apply for and obtain a Minor Use Permit from the City in accordance with Sections 36-20.2 through 36-20.4 of the Municipal Code. Submittal requirements shall include the following:

   • a. Completed City of Oakdale Uniform Application Form.

   • b. Proof of current vehicle registration and a copy of an applicable vehicle insurance policy.

   • c. Applicable application fees.

   • d. Four photographs (showing different exterior views) of each motorized vehicle or food trailer.

   • e. Proof demonstrating acknowledgement and consent of the property owner to permit the vendor to operate on the site, signed by the property owner as required by the Stanislaus County Department of Environmental Resources.

   • f. A site plan illustrating the location of all existing buildings, structures, driveways, parking spaces, and improvements, and the proposed location or areas where the mobile food vending will occur, parking areas, seating areas, structures and improvements related to the vending activity, will be located upon the site.

   • g. A signed affidavit from the business or location providing the required restroom facilities for food service workers, stating the hours that those facilities are being made available as required by the Stanislaus County Department of Environmental Resources.

   • h. A parking analysis showing that any elimination of parking spaces does not put the property out of compliance with City Off-Street Parking Requirements.

2. A description of the proposed location of the vending business and the length of time during which it is proposed that the business shall be conducted.

3. A brief description of the nature, character and quality of the food, beverages, goods or merchandise to be sold.

4. The following may constitute grounds for denial of a permit to operate:

   • a. The vending operation or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations.

   • b. Failure to obtain clearance from the Stanislaus County Environmental Health Departments.

   • c. All Use Permits will be subject to periodic review as determined by the Public Services Director.

[Added 8-2-2021 by Ord. No. 1276]

The following development standards shall apply to Mobile Food Vendors requesting approval of a Conditional Use Permit from the City of Oakdale:

1. Prior to the issuance of a Business License, the Mobile Food Vendor shall provide to the City Public Services Department a copy of the Stanislaus County Environmental Health Permit.

2. On-site restroom facilities shall be provided by an adjacent use to the Mobile Food Vendor location. Temporary restroom facilities such as portable restrooms shall be prohibited.

3. The Mobile Food Vendor shall not obstruct vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to the curb, and shall not create public health or safety hazards.

4. No more than one sign is permitted. The sign shall not exceed 10 square feet and be affixed to the Mobile Food Vendor vehicle.

5. The Mobile Food Vendor shall maintain the area in which vending activities occur in a clean, safe, sanitary, and dust-controlled condition. The Mobile Food Vendor shall remove any and all evidence of vending and leave the site in a clean state at the close of each business day.

6. Signage shall be provided that prohibits loitering.

7. Mobile Food Vendor permits and licenses shall be prominently displayed on the vehicle for vending.

8. Restaurant Spacing for Food Vendors.

   • a. Mobile Food Vendors shall operate within 75 feet of the main public entrance of the partnering restaurant, during the restaurant's normal business hours, with the following exceptions:

     • (1) Mobile Food Vendors operating as part of a City-approved special event.

     • (2) The mobile food vendor has written permission of the business and/or restaurant owner to operate adjacent to the existing business.

[Added 8-2-2021 by Ord. No. 1276]

It shall be unlawful to operate a mobile food vendor in public right-of-way unless a Major Use Permit has been obtained pursuant to Sections 36-20.2 through 36-20.4 of the Municipal Code. In addition to the application requirements mentioned for Mobile Food Vendors on private property a Mobile Food Vendor located on public property will be subject to the following additional development standards:

1. Liability Insurance. During the term of a mobile food vendor permit operating in the public rightof-way the applicant shall maintain in full force at no cost to the City a comprehensive auto and general liability insurance policy:

   • a. In an amount not less than $1,000,000 single limit per occurrence/$2,000,000 aggregate.

   • b. Issued by an admitted insurer or insurers as defined by the California Insurance Code .

   • c. Providing that the City, its officers, employees and agents are to be named as additional insured under the policy.

   • d. Stipulating that the policy will operate as primary insurance and that no other insurance effected by the city or other named insured will be called on to contribute to a loss covered thereunder.

   • e. Providing that no cancellation, change in coverage or expiration by the insurance company or the insured shall occur during the term of the mobile food vendor permit, without 30 days written notice to the Director prior to the effective date of such cancellation or change in coverage.

   • f. In the event of a cancellation, expiration, or change of insurance coverage resulting in noncompliance with subsection a of this section, the vendor shall notify the City of the cancellation, expiration, or change within three business days after its effective date by submitting a written notice to the Director. The giving of notice as provided herein shall not stay the automatic suspension of the permit.

   • g. It is unlawful for any person to operate a food vending vehicle without insurance coverage in effect as required by this subsection.

   • h. Indemnify and Hold Harmless. The Mobile Food Vendor and/or vehicle owner(s) receiving approval to operate in public right-of-way shall defend, indemnify and hold harmless the City, its officers, employees and agents from and against all actions, losses, damages, liability, costs and expenses of every type and description, including, but not limited to, attorney fees, to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the applicant or the applicant's agents, officers or employees, directly or indirectly arising from the food vending vehicle operation.

2. The Mobile Food Vendor must comply with all City, state, and federal laws. While operating in the public right-of-way, mobile vendors shall follow all applicable traffic laws and parking regulations, including, time limits, and no-parking zones.

[Added 8-2-2021 by Ord. No. 1276]

It is unlawful for any mobile food vendor to operate unless the mobile food vendor has met the following conditions.

1. Apply for and obtain an Annual Temporary Use Permit from the City in accordance with Sections 36-18.6 of the Municipal Code. Submittal requirements shall include the following:

   • a. Completed City of Oakdale Temporary Use Permit Application Form.

   • b. Proof of current vehicle registration and a copy of an applicable vehicle insurance policy.

   • c. Applicable application fees.

   • d. Provide the City a copy of the certification of completion of a County-approved food handler's course and copies of all required approvals from the County's Food Safety Program.

   • e. Four photographs (showing different exterior views) of each pushcart.

   • f. Provide the Director a copy of a valid Mobile Food Permit issued by the Stanislaus County Department of Environmental Health.

   • g. A site plan illustrating the location of all existing buildings, structures, driveways, parking spaces, and improvements, and the proposed location or areas where the mobile food vending will occur, parking areas, seating areas, structures and improvements related to the vending activity, will be located upon the site.

2. A description of the proposed location of the vending business and the length of time during which it is proposed that the business shall be conducted.

   • a. In areas not zoned exclusively for residential use, all sidewalk vendors are prohibited from conducting sidewalk vending activities between the hours of 10:00 p.m. and 7:00 a.m. daily.

   • b. In areas zoned exclusively for residential use, roaming sidewalk vendors are prohibited from conducting sidewalk vending activities between the hours of 6:00 p.m. and 9:00 a.m. daily.

3. A brief description of the nature, character and quality of the food, beverages or goods to be sold.

   • a. Sidewalk vendors shall not engage in any of the following activities;

     • (1) Renting merchandise to customers;

     • (2) Displaying merchandise or food that is not available for immediate sale;

     • (3) Selling of gun, adult-oriented material, cannabis, alcohol, tobacco, or electronic cigarette products;

     • (4) Offering services such as fortune-telling, massage, and tattoos

4. Sidewalk Vendors shall not exceed a total length of six feet, a total width of four feet, or a total height, including a roof, umbrella, or awning of eight feet.

5. Sidewalk Vendors shall not impede or obstruct ingress to or egress from any private property or any structure, parking space or loading facility.

6. Vending shall not cause vehicles to stop in traffic lanes or causing person to stand in traffic lanes or parking spaces.

7. Stationary sidewalk vending is prohibited in the following areas:

   • a. Any residential zone in the City.

   • b. On any private property without the express written consent of the owner or lessees of the property.

   • c. On any designated emergency vehicle access way.

• d. Within 12 inches of any curb face on all roads.

  • e. Within 15 feet of any entrance or exit to a building, structure or facility.

  • f. Within 50 feet of another sidewalk vendor;

  • g. Within 25 feet of a:

    • (1) Fire hydrant.

    • (2) Curb which has been designated as yellow or red zone, or a bus zone.

    • (3) Trash or recycling containers, bike racks, benches, bus stops, or similar public use items.

  • h. On any sidewalk where vending equipment and queuing patrons would restrict access requirements under the Americans with Disabilities Act.

  • i. Within 200 feet of a permitted farmer's market or special event during the operating hours of that farmers market or special event

8. The following may constitute grounds for denial of a permit to operate:

   • a. The vending operation or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations.

   • b. Failure to obtain clearance from the Stanislaus County Environmental Health Departments.

[Added 8-2-2021 by Ord. No. 1276]

The following are exempt from the requirements of this chapter as specified below, but must satisfy all other applicable permit requirements (e.g. business license, county health permits, etc.). Mobile food vendors are exempt from the requirements of this chapter when operated in the following manner:

1. The vendor is authorized to operate in conjunction with a City approved special event.

2. The vendor is hired to serve a private party with no retail sales to the general public.

3. The vendor is operating in connection with the operations of a permitted farmer's market.

[Added 8-2-2021 by Ord. No. 1276]

1. Any license issued under this chapter may be suspended or revoked for any of the following reasons:

   • a. Fraud or misrepresentation of the application for the license.

   • b. Fraud or misrepresentation of the course of conducting the business or vending.

   • c. Conducting the business of vending, contrary to the conditions of the license.

   • d. Conducting the business of vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety and welfare.

2. On suspension or revocation, the City shall deliver written notice to the license holder stating the action taken and the reason supporting such action. The written notice shall be delivered to the license holder's place of business or mailed to the license holder's last known address.

[Ord. No. 1022, § 5, 1995.]

This Section is intended to reduce the occurrence of conflicts between nonagricultural and agricultural land uses within the City.

• A. It is the declared policy of the City to preserve, protect and encourage the development and improvement of agricultural lands in the City's areas for the production of food and other agricultural products. The City recognizes that when the City's nonagricultural land uses extend into agricultural areas, agricultural operations can become the subject of nuisance suits. As a result, agricultural operators are sometimes forced to cease or curtail their operations resulting in premature conversion of the agricultural land. Others may be discouraged from making investments in agricultural improvements to the detriment of the economic viability of both the City's and County's agricultural industry as a whole. It is the purpose of this section to avoid the preventive loss or conversion of agricultural resources limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance. It is the further intent of this section to provide the residents of this City with proper notification of the City's recognition and support of the right to farm agricultural land both within and adjacent to the City.

• B. An additional purpose of this section is to promote a good neighbor policy by advising purchasers and users of property adjacent to, or near agricultural operations of the inherent potential problems associated with such purchase or residence. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact and be prepared to accept the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas.

[Ord. No. 1022, § 5, 1995.]

• A. AGRICULTURAL LAND — Shall mean all that real property within the boundaries of the City of Oakdale or outside it within the General Plan's twenty (20) year growth boundary identified as Important Farmland on the State Important Farmland Map.

• B. AGRICULTURAL OPERATION — Shall mean and include, but not be limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture; the raising of livestock, fur bearing animals, fish or poultry; and any commercial agricultural practices performed as incident to, or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

• C. AGENT — Shall mean one who's authorized by law to act in that capacity for that type of property, and is licensed as a real estate broker under Chapter 3 of Part 1 of Division 4 of the

Business and Professions Code or is a licensee, as defined in Section 18006 of the Health and Safety Code.

• D. BUYER — Includes any transferee.

• E. LISTING AGENT — Shall mean one who has obtained a listing of property of the kind in respect of which he or she is authorized by law to act as an agent for compensation.

• F. PROPERTY — Shall mean real property.

• G. SELL AND SALE — Shall mean any transfer of fee title.

• H. SELLING AGENT — Shall mean an agent who acts in cooperation with a listing agent and who sells, or finds and obtains a buyer for, the property.

• I. SOLD — Includes an exchange. A property is sold when a legally binding commitment to see the property comes into existence.

[Ord. No. 1022, § 5, 1995.]

The transferor of any property located in the City shall deliver the disclosure statement required by this chapter to the prospective transferee as follows:

• A. In the case of a sale, as soon as practical before transfer of title.

• B. In case of transfer by real property sales contract, as defined in Section 2985 of the Civil Code, as soon as practical before execution of the contract. For the purpose of this subsection "execution" means the making or acceptance of an offer. With respect to any transfer subject to Subsection A or B, the transferor shall indicate compliance with this chapter either on the receipt for deposit, the real property sales contract, or any addendum attached thereto or on a separate document.

[Ord. No. 1022, § 5, 1995.]

This disclosure required by this section is set forth herein, and shall be made on a copy of the following disclosure form:

Real Estate Transfer Disclosure Statement.

• A. Pursuant to Section 1102.6a of the California Civil Code, it is intended by § 36.30 of this chapter to require disclosures in addition to those disclosures required by Section 1102.6 of the California Civil Code.

• B. Upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or transfer of residential stock cooperative, improved with or consisting of not less than one (1) nor more than four (4) dwelling units, the transferor shall require that the disclosure statement set forth in Subsection C shall be signed by the purchaser or lessee.

• C. The disclosure required by Subsection B shall contain, and be in the form of, the following:

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE CITY OF OAKDALE, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, DESCRIBED AS _________. THIS DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NUMBER ___________ OF THE CITY CODE AS OF. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

I

SELLERS INFORMATION

The seller discloses the following information with the knowledge that even though this is not a warranty, prospective buyers may rely upon this information in deciding whether and, on what terms to purchase the subject property. Seller hereby authorizes and agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AS REQUIRED BY THE CITY OF OAKDALE AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.

this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AS REQUIRED BY THE CITY OF OAKDALE AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.

THE CITY OF OAKDALE PERMITS OPERATION OF PROPERLY CONDUCTED AGRICULTURAL OPERATIONS WITHIN THE CITY. If your property is adjacent to or near property used for agricultural operations or on agricultural lands, you may be subject to inconveniences or discomforts arising from such operations, including but not limited to noise, odors, fumes, dust, the operation of machinery of any kind during any twenty-four-hour period (including aircraft), the storage and disposal of manure, and the application of spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. The City of Oakdale has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be a nuisance if such operations are consistent with accepted customs and standards. The City of Oakdale has established a grievance committee to assist in the resolution of any disputes which might arise between residents of this City regarding agricultural operations. If you have any questions concerning this policy or the grievance committee, please contact the City of Oakdale Community Development Department.

Seller certifies that the information herein is true and correct to the best of Seller's knowledge as of the date signed by the Seller.

Seller Date Seller Date

II

BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

(Associate Licensee or Broker)

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

• D. Forms for the disclosure statement set forth in Subsection C shall be printed and made available to property owners and real estate agents by the City of Oakdale Community Development Department.

[Ord. No. 1022, § 5, 1995.]

If a buyer refuses to sign the disclosure statement set forth in § 39-30.040, the transferor may comply with the requirements of this section by delivering that statement to the buyer as provided in § 36-30.030 and affixing and signing the following declaration to the statement:

I (Insert name) have delivered a copy of the foregoing disclosure statement as required by law to (insert Buyer's name) who has refused to sign.

I declare the foregoing to be true under penalty of perjury.

Date: Sign

[Ord. No. 1022, § 5, 1995.]

Prior to issuance of a City building permit for construction of a residential building the owner of the property upon which the building is to be constructed shall sign, date and file with the City building department the disclosure statement set forth below.

DISCLOSURE STATEMENT — BUILDING PERMIT

The City of Oakdale permits operation of properly conducted agricultural operations within the City limits, including those that utilize chemical fertilizers and pesticides. YOU ARE HEREBY NOTIFIED THAT THE PROPERTY YOU ARE PURCHASING MAY BE LOCATED CLOSE TO AGRICULTURAL LANDS AND OPERATIONS. YOU MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT ARISING FROM THE LAWFUL AND PROPER USE OF AGRICULTURAL CHEMICALS AND PESTICIDES AND FROM OTHER AGRICULTURAL ACTIVITIES, INCLUDING LIMITATION, CULTIVATION, PLOWING, SPRAYING, IRRIGATION, PRUNING, HARVESTING, BURNING OF AGRICULTURAL WASTE PRODUCTS, PROTECTION OF CROPS AND ANIMALS FROM DEPREDATION, AND OTHER ACTIVITIES WHICH OCCASIONALLY GENERATE DUST,

SMOKE, NOISE, AND ODOR. Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an agriculturally active region.

I declare that I have read and understand the foregoing disclosure.

Date: Sign

Print Name:

The City of Oakdale has established a grievance committee to assist in the resolution of any disputes which might arise between residents of this City regarding agricultural operations. If you have any questions concerning this policy or the grievance committee, please contact the City of Oakdale Community Development Department.

[Ord. No. 1022, § 5, 1995.]

• A. To provide all property owners with constructive notice of the City of Oakdale's right-to-farm policy, this section (Ordinance No. 1022) shall be recorded with the Clerk-Recorder of the County.

• B. For all discretionary approvals or parcel maps or subdivision maps involving agricultural land, or real property located adjacent to agricultural land, the City of Oakdale Community Development Department shall include as a condition of approval that the final recorded map shall contain the following statement:

• C. Persons purchasing lots within the boundaries of this approved map should be prepared to accept the inconveniences associated with agricultural operations, such as noise, odors, flies, dust or fumes. The City of Oakdale has determined that such inconveniences shall not be considered to be a nuisance if agricultural operations are consistent with accepted customs and standards.

• D. The City of Oakdale Community Development Department shall be responsible for the printing of "Right-to-Farm" set forth herein.

[Ord. No. 1022, § 5, 1995.]

The specification of items of disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation, or deceit in the sale.

[Ord. No. 1022, § 5, 1995.]

Delivery of the disclosure statement required by § 36-30.030 shall be by personal delivery or certified mail return receipt requested by the buyer.

[Ord. No. 1022, § 5, 1995.]

Failure to comply with any provision of this chapter shall not prevent the recording of any document, nor shall it affect title to real property or any mortgage or deed of trust made in good faith or for value. However, any person who violates any provision of this chapter is guilty of an infraction punishable by a fine not exceeding two hundred fifty ($250.00) dollars. This Section is in no way intended to limit damages that may be awarded in nuisance suits.

[Ord. No. 1022, § 5,1995.]

Nothing contained in this chapter is to be construed as modifying State law as set out in the California State Civil Code , Health and Safety Code , Fish and Game, Food and Agricultural Code, Division 7 of the Water Code , or any other applicable provision of state law relating to nuisances; rather it is only to be utilized in the interpretation and enforcement of this code and City regulations.

[Ord. No. 1022, § 5, 1995.]

If any section, Subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance.

[Ord. No. 1022, § 5, 1995.]

• A. Should any controversy arise regarding any inconveniences or discomforts associated with agricultural operations, the parties may submit the controversy to a grievance committee as set forth below in an attempt to resolve the matter, prior to the filing of any court action.

• B. There is hereby established the City of Oakdale Agricultural Grievance Committee, which shall arbitrate and mediate disputes involving agricultural operations and issue advisory opinions on whether agricultural operations are conducted in a manner consistent with proper and accepted customs and standards as established by similar agricultural operations in the same locality.

• C. The City of Oakdale Planning Commission shall serve as the Agricultural Grievance Committee as the need arises. Community Development Department staff shall prepare staff reports and maintain minutes of each meeting of the Grievance Committee. Members of the Grievance Committee shall receive their regular compensation as members of the Planning Commission for carrying out these duties.

• D. The Stanislaus County Agricultural Commissioner, farm advisors from the University of California Cooperative Extension of Stanislaus County, and staff from the Stanislaus County Department of Environmental Resources may serve as technical advisors to the Grievance Committee as the need arises.

• E. Any controversy between the parties may be submitted in writing to the Grievance Committee within thirty (30) days of the date of the occurrence of the particular activity giving rise to the controversy or of the date a party became aware of the occurrence.

• F. Thereafter the Grievance Committee may investigate the facts of the controversy but must, within forty-five (45) days, hold a meeting to consider the merits of the matter and within twenty (20) days of the meeting render a written decision to the parties. At the time of the meeting, both

parties shall have an opportunity to present what each considers to be pertinent facts. The decision of the Grievance Committee is final and shall not be appealed to the City Council.

• G. The effectiveness of the Grievance Committee as a forum for resolution of disputes is dependent upon the willingness of both parties to voluntarily submit the dispute to arbitration and their agreement to abide by the Grievance Committee's decision. Full discussion and complete presentation of all pertinent facts concerning the dispute is necessary to eliminate any misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent information concerning the controversy.

• H. Any costs associated with the functioning of the Grievance Committee process, including costs of investigation, shall be borne by the losing party or in such proportion as the Grievance Committee shall deem appropriate. The City Council may, by resolution, prescribe fees.

[Ord. No. 1245-16.]

This section implements the requirements of Senate Bill 5 (2007) and related legislation that prohibit approval of urban development in urban and urbanizing areas that are exposed to 200-year flooding risk unless certain findings are made. These requirements are established in the California Government Code at Sections 65865.5, 65962 and 66474.5, as amended.

[Ord. No. 1245-16.]

As used in this section:

• A. 200-YEAR FREQUENCY FLOODING — The level of flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the California Department of Water Resources.

• B. 200-YEAR FLOODPLAIN MAP — Map approved by the City Engineer for urban and urbanizing areas that depicts geographic areas that may be exposed to 200-year frequency flooding, and, if available, the depth of flooding during a 200-year flooding event.

• C. ADEQUATE PROGRESS — Defined in California Government Code Section 65007 .

• D. NEW DEVELOPMENT — Defined as:

  1. A development agreement, or

  2. A tentative subdivision map, or a parcel map for which a tentative map was not required, or

  3. A discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or

  4. A ministerial permit that would result in the construction of a new residence.

• E. FLOOD HAZARD ZONE — An area subject to flooding that is delineated as either a special hazard are or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA), as also defined in § 36-4.5 .

• F. URBAN AREAS AND URBANIZING AREAS — An urban area is a developed area in which there are ten thousand (10,000) residents or more (California Government Code Section 65007(I) ). An urbanizing area is a developed area or an area outside a developed area that is planned or anticipated to have ten thousand (10,000) residents or more within the next ten (10) years (California Government Code Section 65007(m) ).

• G. URBAN LEVEL OF FLOOD PROTECTION (ULOP) — The level of protection that is necessary to withstand 200-year frequency flooding. ULOP shall not mean shallow flooding or flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection (Government Code Section 65007 ).

[Ord. No. 1245-16.]

After July 2, 2016, unless that date is amended by the State Legislature, new development shall not be approved where 200-year flooding, as shown on a 200-year floodplain map, will exceed three (3) feet in depth, or in flood hazard zones where 200-year floodplain maps have not been approved by the City Engineer, unless the approval authority determines based on substantial evidence in the record that:

• A. The facilities of the State Plan of Flood Control or other flood management facilities protect the new development site to the Urban Level of Flood Protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas; or

• B. Conditions imposed on the new development will protect the property to the Urban Level of Flood Protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanizing areas; or

• C. The local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the Urban Level of Flood Protection in urban or urbanizing areas, or the national Federal Emergency Management Agency standard of flood protection in non-urbanizing areas, for a new development site located within a flood hazard zone intended to be protected by the system.

• D. The new development site located in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.