Chapter 17.84 — SIGN REGULATIONS

A.

Purpose and Intent. .....The purpose and intent of this chapter is to establish regulations for signs. The City recognizes the need for signs to identify businesses and properties within the community. The City also recognizes that signs are an important design element of the physical environment which serve to express the individuality of the business as well as the character of the community. Sign regulations which implement the City's goals and objectives are necessary. These sign regulations will help ensure both individual expression and an attractive community character.

The City's goals are to protect and enhance the City's historical, nonhistorical and residential character, as well as to enhance the City's economic base. These goals are accomplished through approving appropriately designed signs, controlling the size, location and maintenance of the signs, eliminating visually conflicting and competing sign displays and avoiding potential traffic and pedestrian safety hazards.

The City has determined these goals are best served by following the specific objectives set forth below. It is anticipated that these objectives and associated regulations will contribute to the economic viability of the City and its overall attractiveness to the residents, visitors and businesses. The City thereby establishes the following objectives:

1.

To implement sign design standards that are consistent with the City's General Plan;

2.

To present a set of reasonable, content-neutral, sign standards and procedures that enable fair and consistent enforcement;

3.

To facilitate the improvement and protection of the environment by prohibiting misuse of certain signs and ensuring information is presented safely and effectively;

4.

To promote a high quality business environment by assuring that signs are complementary to the City's goals for historic preservation and quality urban design;

To ensure that signs are carefully designed, aesthetically pleasing, appropriately maintained, and professional in appearance;

6.

To invite artistry and innovation in signs while maintaining and improving the appearance of buildings and neighborhoods in which they are placed;

7.

To reduce possible traffic and safety hazards through reduced sign clutter, the elimination of unauthorized signs in the public right-of-way, and minimizing visual competition among signs;

8.

To minimize the visual and lighting impacts of business signs on adjacent residential neighborhoods.

B.

Clarification of Ambiguities/Interpretations. .....If ambiguity arises within the meaning and intent of this chapter, or if ambiguity exists with respect to any standards, requirements or enforcement as set forth herein, the ambiguity shall be resolved in accordance with Section 17.04.040, Interpretations, of this title.

C.

Relationship to Other Applicable Documents Including Local and State Regulations. .....In addition to the provisions discussed in this chapter, there are other City and State regulations that may also apply depending on the specific sign and/or its location. These other regulations include, but are not limited to, the State Highway Code, Business and Professions Code, and Civil Code, as well as the City's Design Guidelines, Master Landscape Plan for Scenic Corridors and the applicable specific plan. The applicable specific plan may include additional sign standards and regulations beyond those of this chapter. If the specific plan is silent regarding certain sign standards, the regulations of this chapter shall prevail. Uniform Building and National Electrical Codes may also apply, when Building and Electrical Permits are required.

D.

Appeals. .....Any appeal of a decision made pursuant to this chapter shall be processed in accordance with Section 17.12.140, Appeals of an Action, of this title.

E.

Sign Violations.

1.

Enforcement by Person Appointed by the City Manager. It shall be the duty of the person appointed by the City Manager to enforce the provisions of this ordinance pertaining to the use of signs and the erection, construction, reconstruction, moving, alteration or addition to any signs, abandoned, or unmaintained signs or any violation of this chapter. Any permit or license of any type issued by any department or officer of the City in conflict with the provisions of this chapter is declared to be null and void.

2.

Public Nuisance and Enforcement. Any sign erected, constructed, altered, enlarged, converted, or moved contrary to the provisions of this ordinance, and any illegal, abandoned, or unmaintained signs contrary to the provisions of this ordinance, are hereby declared to be public nuisances; refer to Section 8.52.110, Abatement by City, of this code.

F.

Removal of Temporary Signs by Unauthorized Persons—Prohibited. .....Except as provided below, no person other than those authorized by Section 17.84.010(E)(1) shall remove any temporary sign from any property not owned or leased by that person, including any temporary sign within a public right-of-way. The above notwithstanding, a person not otherwise authorized by Section 17.84.010(E)(1) may remove temporary signs placed within the public right-of-way on property owned or leased by that person.

(Ord. 1245 § 1, 2000; Ord. 1172 § 3 (part), 1996)

A.

Purpose and Intent. .....The purpose of these general regulations is to define the parameters for design, size, height and location of signs. The requirements related to the number, design type and size of signs outlined in this chapter are intended to be maximum standards which do not necessarily ensure compatibility with building architecture, the neighborhood and the community appearance. Consideration shall be given to the sign's relationship to the overall appearance of the subject property and surrounding area.

B.

General Design Standards.

1.

Construction of Signs.

a.

Signs shall be constructed as to not obstruct line of sight for pedestrians, bicyclists or vehicular drivers.

b.

All permanent sign faces shall be constructed of permanent materials including, but not limited to, painted and/or sandblasted wood, ceramic tile, applied letters, carved wood, metal, plastic or other compatible, durable and waterproof material. No material more combustible than treated wood shall be used in the construction of any permanent sign.

c.

All signs shall be constructed in accordance with all applicable Uniform Building Code and National Electrical Code provisions.

d.

Sign support hardware shall be of a compatible material and design with the sign it supports and shall compliment the architecture and design of building to which it is affixed. Sign supports of a permanent sign shall be reviewed as part of the sign application.

e.

Signs shall be designed and oriented to minimize light or glare upon adjacent residential properties and public rights-of-way.

f.

Sign design, scale, color and materials shall be selected that are compatible in style with the building it serves.

2.

Lighting of Signs.

a.

Electrical lines from buildings to signs shall be concealed from public view. Exposed raceways are prohibited.

b.

Light fixtures in planted areas or within support structures shall be screened.

c.

All external lighting shall be directed away from any adjacent residential uses and public rights-of-way.

d.

Internally lighted signs shall be a maximum of 200,000 lumens. Neon lighting may be used as an alternative lighting source.

3.

Landscaping.

a.

Landscaped planters shall be required to be installed at the base of all permanent freestanding signs.

b.

The area of the landscaped planter shall be at least equal in size to the area of two sign faces for pole signs and one sign face for monument signs.

c.

All landscaped planters shall be irrigated and landscaped with living plant material. Drought tolerant, low maintenance plants shall be utilized wherever possible.

d.

The type of irrigation required will be dependent on the type of landscaping proposed. Plants requiring extensive watering shall require automatic irrigation systems.

e.

All landscaped planter areas and plant materials shall be maintained in a neat and healthy manner and shall be kept free of all debris and trash.

C.

Design of signs within an Architectural Overlay District. .....The Architectural Overlay District sign standards are intended to maintain or enhance the character of the area. Public and private buildings have been constructed and maintained in the traditional Spanish Colonial Revival style of architecture. The district emphasizes a pedestrian orientation giving the area a distinct identity. The design, scale, color and materials of signs should be compatible with both the Spanish Colonial Revival style of architecture and the unique character of the district in which the sign is to be located. Therefore, signs within the Architectural Overlay District shall comply with the following additional standards:

1.

All signs shall be hand-crafted in appearance.

2.

Acceptable sign materials may include, but are not limited to, sandblasted and carved wood, hand-painted, glazed tile, pinned metal or wood letters, or other similar materials. All signs shall be constructed of and mounted and supported with materials compatible with the Spanish architectural theme including, but not limited to, stained wood supports and accents, trowelled stucco applications, painted terra cotta tiles, ornamental wrought iron, canvas awnings or other similar materials.

3.

Signs may be illuminated as follows:

a.

External lighting (e.g. spot lighting, goose neck lights).

b.

Back lighting.

c.

Neon lighting with the approval of a Discretionary Sign Permit per Section 17.16.250.

Figure 17.84.020A

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D.

Sign Area Allowed.

1.

Maximum Sign Area Limitations for a Site.

a.

Purpose and Intent. The purpose of this subsection is to regulate the maximum sign area allowed for a site. The intent of these regulations is to make the total sign area allowed on a site proportionate to the length of business frontage. The intent is also to limit the total sign area along any one boundary of a site. Within this subsection, service stations are treated differently than other businesses, in terms of the total sign area permitted, because of the typically limited scale of buildings on a service station site.

b.

Maximum Sign Area Allowed Per a Site.

The maximum sign area allowed for a site shall be as follows:

i.

For nonresidential buildings, one square foot of sign allowed for each lineal foot of all business façade;

ii.

For service stations, one square foot of sign area allowed for each lineal foot of street frontage.

Figure 17.84.020B

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c.

Maximum Sign Area Oriented Toward Any One Property Line of a Site, Common Parking Area, Pedestrian Area, Driveway or Alley.

The maximum sign area oriented toward any one property line of a site or common parking area, pedestrian space, or driveway shall be limited as follows:

i.

For nonresidential buildings, one square foot of sign allowed for each lineal foot of adjacent building elevation;

ii.

For service stations, one square foot of sign area allowed for each lineal foot of adjacent street frontage;

iii.

For signs oriented toward alleys, a maximum of one six square foot nonilluminated sign per business shall be permitted.

Figure 17.84.020C

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d.

Computation of Sign Area.

i.

Sign Area of Individual Single-Faced Signs. The area of a sign shall be computed based on the entire area within a single continuous perimeter enclosing the extreme limits of the sign, including all words, symbols, emblems, representations or other display, together with any material or color forming an integral part of the sign or display. The area of a sign shall also include all nonstructural perimeter trim, but excludes the structures or uprights on which the sign is supported, unless such supports or uprights are designed in a manner so as to form an integral background of the sign.

ii.

Sign Area of Window Signs. The area of a window sign shall be the area composed of words, letters, symbols or other display. For maximum window sign area allowed, refer to sign matrix, Section 17.84.030(C) of this chapter.

iii.

Sign Area of Multifaced Signs. Except for monument signs, the sign area for a sign with more than one face shall be computed by adding together the area of all sign faces. For monument signs, when two identical sign faces are placed back to back and not more than three feet apart at all points, the sign area shall be computed by the measurement of only one of the sign faces.

e.

Maximum Sign Area Allowed Per Sign. The maximum sign area allowed per sign is 64 square feet.

f.

Maximum Length of a Sign Allowed Per Business Façade. The maximum length of a sign allowed is 75 percent of the length of the business façade.

g.

Maximum Sign Area Allowed Per Business. The maximum sign area allowed per business shall be as follows:

i.

For signs within an Architectural Overlay district, less than 25 square feet unless a Discretionary Sign Permit is approved.

ii.

For signs within areas other than an Architectural Overlay district, 64 square feet unless a Discretionary Sign Permit is approved.

E.

Computation for Sign Height. .....The height of a sign shall be computed as the distance from the base of the sign at finished grade to the top of the highest attached component of the sign. In the case when the finished grade cannot be reasonably determined, sign height and/or finished grade shall be determined by the City Planner or their designee.

F.

Maintenance of Signs. .....If any sign is not maintained free of all defects, including but not limited to cracking, peeling, rusting or other States of disrepair, it shall be the duty of the owner of the sign or the property owner of the business or building to repair, if necessary paint or remove the sign. If the sign is not repaired, painted or removed, the City Planner shall initiate the public nuisance abatement procedures to cause the sign to be repaired, maintained or removed at the expense of the owner of the sign or the property owner of the business or building. Also see Section 17.84.010(E), Sign Violations, of this chapter.

G.

Master Sign Program.

1.

Purpose and Intent. The purpose of this section is to establish a procedure to ensure coordination of the design of new signs concurrent with the design of the project. The intent is to improve the architecture, streetscape, signs and overall aesthetics of the site. A Master Sign Program provides a clear understanding of what the standards are for new and existing signs on the site. A Master Sign Program will also provide for consistent and streamlined review, approval and administration of existing and new signs for the site. A Master Sign Program requires a Discretionary Sign Permit.

2.

Applicability. A Master Sign Program shall be required for the following:

a.

Any existing single-tenant building on which the owner proposes to add and/or modify four or more signs;

b.

Any new nonresidential building;

c.

Any new commercial project with multiple buildings;

d.

Any gas/service station that proposes new signs or modifications to existing signs, except as allowed by State law;

e.

Any existing building on which the owner proposes to add and/or modify four or more signs.

f.

Any existing building on which the owner proposes to add and/or modify fewer than four signs will be reviewed by the Planning Commission, at the owner's request.

3.

Exemptions. Subsequent signs installed that are part of a previously approved Master Sign Program and are consistent with the provisions of that Master Sign Program shall require an Administrative Sign Permit but shall be considered exempt from Discretionary Sign Permit Review.

4.

Application. Applications for a Master Sign Program shall be made in writing on the Discretionary Sign Permit application form provided by the Planning Division and submitted to the Planning Division along with the required fees.

H.

Removal of Signs. .....The City shall require removal of any sign, at the owners' expense and without compensation, that meets any of the following criteria.

1.

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

2.

Any sign which was lawfully erected, but whose use has ceased, or the structure upon which the sign has been abandoned by its owner, for a period of not less than 90 days;

3.

Any sign which has been more that 50 percent destroyed, and the destruction is other than facial copy replacement, and the sign cannot be repaired within 30 days of the date of its destruction;

4.

Any sign whose owner seeks relocation thereof and relocates the sign;

5.

Any sign that is temporary;

6.

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

7.

Any sign whose owner, outside a change of copy, requests permission to remodel and remodels that sign, or expand or enlarge the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement or remodeling, or the cost of construction, enlargement or remodeling of the sign exceeds 50 percent of the cost of the reconstruction of the building;

8.

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

9.

Any sign which constitutes a traffic hazard not created by a relocation of streets or by acts of the City or County.

10.

Any nonconforming sign where there has been a change of use on the subject site.

(Ord. 1314 §§ 65—67, 2006; Ord. 1308 §§ 15—16, 2006; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1561, § 3(Exh. A, §§ 30, 31), 11-27-2012; Ord. No. 1619, § 4, 4-5-2016)

17.84.030 - Specific Regulations by Sign Type.

A.

Purpose and Intent. .....The purpose of this section is to identify the specific sign standards relating to sign type, sign size, number of signs, height of signs, location of signs, general provisions and the Sign Permits required.

B.

General Notes. .....The following general notes shall apply to all signs listed in the following matrix, unless otherwise indicated:

1.

Signs that require Administrative or Discretionary Sign Permits are indicated in the following matrix. Other sign characteristics besides those indicated in the following matrix may also require administrative or discretionary review.

2.

Signs may be governed by other sections of this code and those sections shall also apply. If there is a conflict in regulations, the most restrictive shall apply.

3.

Change of copy to an existing sign that is identical in sign area, sign size, sign type, location and materials requires an Administrative Sign Permit.

4.

Any change to an existing sign other than a change of copy as defined above requires compliance with the provisions of this chapter. For removal of signs, refer to Section 17.84.020(H), Removal of Signs, of this chapter.

All temporary signs are prohibited in the public right-of-way unless otherwise authorized by this chapter.

6.

All signs listed, unless exempt from both Administrative and Discretionary Sign Permits, will count towards the total allowable sign area.

7.

For Master Sign Programs, see Section 17.84.020(G), Master Sign Program, of this chapter.

8.

For size of signs, see Section 17.84.020(D), Sign Area Allowed, of this chapter.

9.

For height of signs, see Section 17.84.020(E), Computation for Sign Height, of this chapter.

10.

For signs overhanging the public right-of-way, see Section 17.84.030(E), Permanent Signs Encroaching into Public Right-of-Way, of this chapter.

11.

For sign exceptions, see Section 17.16.260, Sign Exception Permits, of this title.

12.

Fascia signs cannot extend more than 18 inches above the lower edge of a sloping roof.

13.

Unless otherwise permitted pursuant to this chapter, no person shall display or cause to be displayed any sign on, within or over any public street or right-of-way or public property in the City.

14.

Unless otherwise permitted pursuant to this chapter, no person shall display or cause to be displayed any sign on, within or over any private property in the City without the written consent of the owner, lessee or other person lawfully in possession of the property.

15.

Except as expressly permitted or authorized in this chapter, all other signs are prohibited within the City.

16.

Any non-commercial message may be substituted for the copy on any commercial sign that is allowed under the municipal code.

Table 17.84.030A

Matrix of Sign Types

C.

Portable Signs. .....Portable signs, excluding banner signs, shall be allowed for businesses subject to the following:

1.

Design of Portable Signs.

a.

The portable sign shall be hand-crafted in appearance.

b.

Acceptable materials may include, but not be limited to, metal, painted wood, plastic, ceramics, or other similar durable materials. Paper, light cloth, exposed or unpainted wood and particle board are prohibited.

c.

Portable signs cannot be lighted.

d.

Portable signs shall be well maintained.

e.

The sign area of a portable sign shall not count towards the total sign area permitted for business or building.

2.

Location of Portable Signs.

a.

Portable signs must be located immediately adjacent along the business storefront and in close proximity to the main public entrance of the business advertised.

b.

At no time shall portable signs be placed within any landscaped area.

c.

The portable sign must be able to be easily carried and transported, not permanently affixed to the street, sidewalk, wall, awning, public fixtures, or other similar public improvements.

d.

The portable sign may remain outside only during those hours the business is open.

e.

The portable sign shall be located outside the public right-of-way.

f.

The portable sign cannot interfere with pedestrian or vehicular traffic or parking.

g.

The portable sign cannot pose a safety threat.

D.

Permanent Signs Encroaching into Public Right-of-Way. .....The following permanent sign types may be allowed to encroach into the public right-of-way when all of the following standards are complied with:

1.

Maximum Encroachment.

Table 17.84.030B

Maximum Encroachments of Permanent

Signs into the Public Right-of-Way

2.

The sign must be permanently affixed to the building it serves.

3.

The sign shall not create a traffic hazard for pedestrians or vehicles.

4.

The sign shall not extend beyond the edge of sidewalk or curb adjacent to the street.

5.

The sign shall maintain a minimum of eight feet vertical clearance between the sidewalk and bottom of the sign.

6.

The owner of the sign encroaching into the public right-of-way shall be required to enter into an agreement with the City that indemnifies the City from all liability associated with the sign that encroaches.

7.

For temporary banners over the public right-of-way refer to temporary banner sign policy.

E.

Temporary Signs.

1.

Unpermitted Temporary Signs Found in the Right-of-Way. Any unpermitted temporary sign found to be on or over any public street or right-of-way shall promptly be removed and confiscated by the designated official of the City. If a confiscated temporary sign advertises or relates to a specific event, the City will retain it for 10 days after the event ends. If the sign does not advertise or relate to a specific event, the City will retain it for 45 days from the date of confiscation.

2.

A sign's owner or the sign owner's agent may reclaim a confiscated sign by paying a storage fee to the City of $10.00 per sign. The person reclaiming the sign must sign a receipt indicating that the person is either the owner or the owner's agent. Any sign not reclaimed by the end of the applicable retention period will be destroyed.

F.

Signs on Vacant or Unimproved Property. .....Before placing a sign on vacant or unimproved property, each of the following must be satisfied:

1.

The sign owner must file with the City Clerk a written form signed by the owner, lessee, or other person lawfully in possession of the property consenting in writing to the placement of the sign and agreeing to be responsible for removal within the applicable time period; and

2.

The sign must be located a minimum of three feet behind the sidewalk or, if no sidewalk exists, a minimum of eight feet behind the back of the curb or edge of the roadway; and

3.

If the sign relates to a specific event, the sign must be removed within three days after the event ends; and

4.

The sign must comply with all other design criteria established by this code.

G.

Blade Signs. .....Blade signs shall be allowed for businesses in the A-O District subject to the following criteria:

1.

Design of Blade Signs.

a.

The blade sign shall be hand-crafted in appearance.

b.

Three dimensional blade signs are encouraged.

c.

Acceptable sign materials may include, but not be limited to, metal, painted wood, plastic, ceramics, or other similar durable materials. Paper, light cloth, exposed or unpainted wood and particle board are prohibited.

d.

Sign supports, brackets and standards shall be made of wood and/or wrought iron. They may be painted or carved.

e.

Blade signs shall have a maximum thickness of not more than six inches.

f.

Blade signs shall be well maintained.

g.

The sign area of a blade sign shall not count towards the total sign area permitted for business or building providing all existing signage is in conformance with the Sign Code.

h.

Blade signs meeting the design criteria of this section may be added to buildings which are subject to a Master Sign Program, per Section 17.84.020(G), and shall not require modification or amendment to such Master Sign Program, so long as the Master Sign Program has been implemented and all existing signs on the building are in accordance with that Master Sign Program.

i.

Blade signs shall not be illuminated except as provided for in other discretionary processes.

2.

Location of Blade Signs.

a.

A total of two blade signs per tenant shall be permitted, although only one blade sign shall be permitted per tenant street frontage; the other shall be permitted per tenant frontage along a pedestrian way, arcade, paseo or courtyard, all of which must be internal to the project.

b.

A blade sign must provide a minimum of eight-foot clearance between the bottom of the sign and the ground.

c.

A blade sign may project a maximum of four feet from the wall of a building.

H.

Temporary Banner Signs. .....Temporary Banner Signs shall be allowed for businesses city-wide, excluding home-occupations.

1.

Temporary Banner Sign Criteria.

a.

Each business shall be permitted a maximum of one temporary banner sign per business at any given time.

b.

The temporary banner sign cannot exceed 64 square feet. A temporary banner sign will not count towards a business's total sign area allowance.

c.

The temporary banner sign shall be placed on-site and flush on the building. These banners are prohibited in the following locations: city right-of-way, free-standing walls, fences or other areas or fixtures not part of the business's primary structure; other locations as determined by the City Planner to be inconsistent with the intent of this section. No portion of the temporary banner sign shall be free-hanging and all corners of the banner shall be secured to the building.

d.

Temporary banner signs shall be constructed of cloth, canvas, fabric, plastic or other similar durable material.

e.

The temporary banner sign shall be maintained in good condition, free of any defects, including cracking, torn or ripped material, or faded copy.

f.

Each business may have up to four permits per calendar year. Each permit allows the display of a banner sign up to 30 calendar days. Renewals of permits are allowed, but in no case shall a business display a temporary banner for more than 120 days per calendar year. Banners may be replaced during the authorized period so long as they are the same or smaller size and installed in the approved location. These provisions are to ensure temporary banner signs are not used as permanent display or in-lieu of permanent signs for the business.

(Ord. 1314 § 68, 2006; Ord. 1308 §§ 18—19, 2006; Ord. 1304 §§ 33—34, 2005; Ord. 1257 § 2, 2002; Ord. 1205 §§ 1—4, 1998; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1561, § 3(Exh. A, § 32), 11-27-2012; Ord. No. 1594, § 3(Exh. A, §§ 42, 43), 5-5-2015; Ord. No. 1599, § 4(Exh. A, 1), 7-7-2015; Ord. No. 1619, § 4, 4-5-2016; Ord. No. 1660, § 3, 9-4-2018; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.84.040 - Nonconforming Wall-Mounted Signs.

A.

Continuation. .....A legal nonconforming wall-mounted sign may continue in existence so long as the sign is maintained in a safe, neat, and attractive manner, subject to other provisions of this chapter.

B.

Maintenance. .....A legal nonconforming wall-mounted sign may be updated and maintained, including change of copy, illumination upgrades, and replacement as long as the location is the same and the sign area is less than or equal to that of the existing legal nonconforming wall-mounted sign.

C.

Change of use. .....A legal nonconforming wall-mounted sign shall be removed or brought into conformance with current Sign Ordinance provisions when a change of the advertised use occurs, as change of use is defined by Section 17.88.030.

(Ord. No. 1619, § 4, 4-5-2016)

Chapter 17.86 - STATE-MANDATED RESIDENTIAL PROJECTS

17.86.010 - Two-unit projects.

A.

Purpose. .....The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B.

Definitions.

1.

A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C.

Application.

1.

Owners.

a.

Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15).

b.

Any person with a mortgage interest in the lot to be developed with a two-unit project under this section must sign the application indicating the person's consent to the project.

2.

An application for a two-unit project must be submitted on the City's approved form.

3.

The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4.

Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5.

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City council may establish and change the fee by resolution. The fee must be paid with the application.

D.

Approval.

1.

An application for a two-unit project is approved or denied ministerially, by the Director of Community Development, without discretionary review.

2.

The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3.

The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. The hold-harmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recoded covenant and deed restriction.

4.

The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

E.

Requirements. .....A two-unit project must satisfy each of the following requirements:

Map Act Compliance. The lot must have been legally subdivided.

2.

Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3.

Lot Location.

a.

The lot is not located on a site that is any of the following:

(i)

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(ii)

A wetland.

(iii)

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(iv)

A hazardous waste site that has not been cleared for residential use.

(v)

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(vi)

Within a 100-year flood hazard area, unless the site has either:

(A)

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

(B)

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(vii)

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(viii)

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(ix)

Habitat for protected species.

(x)

Land under conservation easement.

b.

The purpose of subpart E.3.a above is merely to summarize the requirements of Government Code section 659l3.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).)

c.

The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)— (K) are satisfied.

4.

Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.

5.

No Impact on Protected Housing.

a.

The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

(i)

Housing that is income-restricted for households of moderate, low, or very low income.

(ii)

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

(iii)

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.

(iv)

Housing that has been occupied by a tenant in the last three years.

b.

As part of the two-unit application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.5.a above is satisfied.

(i)

The sworn statement must state that:

(A)

No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

(B)

No housing that is subject to any form of rent or price control will be demolished or altered.

(C)

No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

(D)

No housing that has been occupied by a tenant in the last three years will be demolished or altered.

c.

The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6.

Development Standards and Design Criteria. In addition to the standards and criteria set forth in this section, except as otherwise required by state law, an SB 9 two-unit project, including any development on a lot created through an urban lot split, must conform to all applicable objective development standards

that are set forth in this code, as well as, any applicable specific plans; a planned unit development ordinance or resolution; or by conditions duly promulgated and adopted by the City.

7.

Unit Standards.

a.

Quantity.

(i)

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

(ii)

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and SCMC section 17.28.270 (Accessory Dwelling Units).

b.

Unit Size.

(i)

The total floor area of each primary dwelling built that is developed under this section must be:

(A)

Less than or equal to 800 square feet; and

(B)

More than 500 square feet.

(ii)

A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

(iii)

A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.

c.

Height Restrictions.

(i)

On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

(ii)

On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback.

(iii)

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

d.

Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

e.

Lot Coverage. A two-unit project may not exceed the maximum lot coverage established in the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. The lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas.

f.

Urban Open Area.

(i)

For purposes of this subsection (E)(7)(f), the term "urban open area" has the same meaning as provided in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area.

(ii)

If all required urban open area is provide at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.

(iii)

If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.

g.

Setback.

(i)

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(ii)

Exceptions. Notwithstanding subpart E.7.g(i) above:

(A)

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(B)

Eight hundred sf; 4-foot side and rear. The setbacks imposed by the underlying zone must yield to the

degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

(iii)

Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 30 feet from the front property lines. The front setback area must:

(A)

Be kept free from all structures greater than three feet high;

(B)

Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

(C)

Allow for vehicular and fire-safety access to the front structure.

h.

Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

(i)

The lot is located within one-half mile walking distance of either:

(A)

A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or

(B)

A site that contains:

(1)

An existing rail or bus rapid transit station,

(2)

A ferry terminal served by either a bus or rail transit service, or

(3)

The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

(ii)

The site is located within one block of a car-share vehicle location.

i.

Garage. Any proposed covered or enclosed garage must comply with the following requirements:

(i)

Each enclosed garage must maintain a parking space with an interior parking clearance of at least nine feet wide by 18 feet long for each vehicle that the garage is designed to hold.

(ii)

Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryer, must not encroach into the required parking area.

(iii)

The garage must be equipped with an automatic roll-up garage door opener.

(iv)

Each garage must maintain all required parking spaces clear and accessible to park at all time.

j.

Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet shall be maintained between all detached structures on a lot, including all residential units, garages, and accessory structures.

k.

Architecture.

(i)

Unit Design Standards.

(A)

If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(B)

If there is no legal primary dwelling on the lot before the two-unit project, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(C)

All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.

(D)

If any portion of a dwelling allowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(E)

Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance must be covered with an overhang or roof that is at least three feet deep.

(F)

A pedestrian pathway must be provided to access front doors to all units on the lot.

(G)

If pedestrian access and drive access are provided via same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway.

l.

Landscaping.

(i)

Tree Removal.

(A)

No mature tree may be removed on a lot with any development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law.

(B)

"Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller.

(C)

A tree may only be removed under subparagraph E.7.l(i)(A) above if it is replaced with at least two mature trees of the same type and with a combined trunk diameter that is the same or larger than that of the removed tree.

(D)

If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subparagraph E.7.l(i)(C) above, owner may pay the replacement cost of the tree, as determined by the City's tree-replacement cost schedule.

(ii)

Setback Landscaping. In setback areas visible from the public right-of-way, and all space that is not walkways, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.

(iii)

Lot Generally. The lot must comply with the landscaping and irrigation requirements contain in the Landscape Standards in the Zoning Ordinance.

(iv)

Screening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

(A)

According to a planting and irrigation plan that is prepared by a licensed landscape architect.

(B)

At least one 15-gallon size plant must be provided for every 15 linear feet of exterior wall. Alternatively, at least one 24 inch-box size plant must be provided for every 25 linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.

(C)

Trees must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

(D)

All landscaping must be drought-tolerant.

(E)

All landscaping must be from the City's approved plant list.

m.

Storage Facilities. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement.

n.

Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may not be located in any required parking area or outside of an enclosed building.

o.

Water Heater. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit's interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater if all building standards are satisfied.

p.

Mechanical Equipment, Metering Devices. All roof- and ground-mounted mechanical equipment and metering devices must be completely screen from public view. All ground-mounted equipment and aboveground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line.

q.

Access and Circulation.

(i)

All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.

(ii)

No more than one drive approach may be created for any two-unit projects.

(iii)

A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.

r.

Refuse Storage Areas.

(i)

Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City's Franchise Waste Hauler (collectively, "trash containers").

(ii)

Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas.

(iii)

The storage area required for each trash container must be at least three feet wide by three feet deep.

(iv)

No trash container may be stored so as to be visible from any public right-of-way.

s.

Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

t.

Utilities.

(i)

A primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

(ii)

All utilities must be underground.

(iii)

All easements for the provision of electricity, gas water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recoded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easement have been agreed to and recorded.

(iv)

Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.

u.

Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current code.

8.

Fire-Hazard Mitigation Measures.

a.

A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

(i)

It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

(ii)

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

(iii)

All enclosed structures on the site must have fire sprinklers.

(iv)

All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

(v)

If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

b.

Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.8. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

9.

Separate Conveyance.

a.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

b.

Condominium airspace divisions and common interest developments are not permitted within the lot.

c.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

(i)

No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

10.

Regulation of Uses.

a.

Residential-only. No non-residential use is permitted on the lot.

b.

No Short-term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

c.

Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

11.

Notice of Construction.

a.

At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(i)

Notice that construction has been authorized,

(ii)

The anticipated start and end dates for construction,

(iii)

The hours of construction,

(iv)

Contact information for the project manager (for construction-related complaints), and

(v)

Contact information for the Building and Safety Department.

b.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

12.

Deed Restriction. The owner must record a deed restriction, on a form approved by the City, that does each of the following:

a.

Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

b.

Expressly prohibits any non-residential use of the lot.

c.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d.

If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

e.

Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

F.

Specific Adverse Impacts.

1.

Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2.

"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include: (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 2l4(g).

3.

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G.

Coastal Regulations Apply in Full. .....Nothing in this section alters or lessens the effect or application of the California Coastal Act.

H.

Remedies. .....If a two-unit project violates any part of this code or any other legal requirement:

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2.

The City may:

a.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

b.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.

d.

Record a notice of violation.

e.

Withhold any or all future permits and approvals.

f.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's code.

(Ord. No. 1723, § 3(Exh. A), 12-7-2021; Ord. No. 1748, § 4(Exh. A), 1-17-2023)

CHAPTER 17.88 - DEFINITIONS