Chapter 20.255 — FLOOD DAMAGE PREVENTION OVERLAY ZONE

Section 20.255.010 - Statutory Authorization, Findings of Fact, Statement of Purpose, and Methods

A.

Statutory Authorization. The Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of San Marcos does hereby adopt the following floodplain management regulations.

B.

Findings of Facts.

1.

The flood hazard areas of the City are subject to periodic inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2.

These flood losses are the cumulative effect of obstructions in flood hazard areas that cause increases in flood heights and velocities, and by uses that are inadequately elevated, floodproofed, or otherwise protected from flood damages.

C.

Statement of Purpose. The purpose of this chapter is to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood-prone, mudslide (i.e., mudflow), or flood-related erosion areas. These regulations take precedence over any less restrictive conflicting local laws, ordinances, and codes, and are designed to do the following:

1.

Protect life and health.

2.

Minimize expenditure of public money for costly flood-control projects.

3.

Minimize the need for rescue and relief efforts associated with flooding, typically undertaken at the expense of the general public.

Minimize prolonged business interruptions.

5.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; streets; and bridges that are located in areas of special flood hazard.

6.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage.

7.

Ensure that potential buyers are notified that a property is in an area of special flood hazard.

8.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

D.

Methods of Reducing Flood Losses. To accomplish its purposes, this chapter includes regulations to enforce the following:

1.

Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards, or that result in damaging increases in erosion or flood heights or velocities.

2.

Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage through measures taken at the time of initial construction.

3.

Limit the alteration of natural floodplains, stream channels, and natural protective barriers that help accommodate and channel flood waters.

4.

Limit filling, grading, dredging, and other development that may increase flood damage.

5.

Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or that may increase flood hazards in other areas.

Section 20.255.020 - Applicability

This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the City.

Section 20.255.030 - Basis for Establishing the Areas of Special Flood Hazard

The areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for the City of San Marcos, California," first established for this City on July 15, 1988, with accompanying Flood Insurance Rate Maps (FIRMs) and all subsequent amendments and/or revisions, on file with the City Clerk and the City Engineer, are hereby adopted by reference and declared to be a part of this chapter. The FIS and attendant mapping is the minimum area of applicability of this chapter, and may be supplemented by studies for other areas to allow implementation of this chapter and that are recommended to the City Council by the Floodplain Administrator (i.e., City Engineer). The FIS, amendment and/or revisions, and FIRMs are on file at the City Engineer's Office, 1 Civic Center Drive, San Marcos, California.

Section 20.255.040 - Compliance

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor and constitute a public nuisance. Nothing herein shall prevent the City from taking lawful action as is necessary to prevent or remedy any violation.

Section 20.255.050 - Abrogation and Greater Restrictions

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Section 20.255.060 - Interpretation

In the interpretation and application of this chapter, all provisions shall be as follows:

A.

Considered as minimum requirements.

B.

Liberally construed in favor of the governing body.

C.

Deemed neither to limit nor repeal any other applicable provision of the Code or chapters of this Zoning Ordinance, or to conflict with any state or federal statutes.

Section 20.255.070 - Warning and Disclaimer of Liability

The degree of flood protection required in this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by built or natural features. By adoption of this chapter, the City does not imply that land outside of the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, any officer or employee thereof; the State of California; or FEMA for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

Section 20.255.080 - Designation of the Floodplain Administrator

The City Engineer is hereby appointed to administer and implement this chapter by granting, conditionally granting, or denying actions in accordance with its provisions.

Section 20.255.090 - Duties and Responsibilities of the Floodplain Administrator

The Floodplain Administrator (i.e., City Engineer) shall have the duties and responsibilities to do the following:

A.

Permit Review.

1.

Review all development permits to determine that the permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures.

2.

Ensure that all other required state and federal permits have been obtained.

3.

Ensure that the site is reasonably safe from flooding.

4.

Ensure that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affect" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the City or adjacent communities.

5.

Ensure that all Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood-control project and land preparation, as specified in the "start of construction" definition, found below.

B.

Development of Substantial Improvement and Substantial Damage Procedures.

1.

The cost of replacement of a damaged structure shall be based on a square-foot cost factor determined by reference to a building-cost estimating guide recognized by the building construction industry.

2.

The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure, and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic or other external ways to determine obsolescence.

Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

C.

Review, Use, and Development of other Base Flood Data. When base flood elevation data has not been provided in accordance with this chapter, the Floodplain Administrator will obtain, review, and reasonably use any base flood elevation and floodway data available from a federal or state agency, or other source, to administer the regulations in this chapter. A base flood elevation shall be obtained using one (1) of two (2) methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations," dated July 1995.

D.

Notification of Other Agencies. When any of the following occur, the described actions shall be carried out.

1.

Alteration or relocation of a watercourse:

a.

Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse.

b.

Submit evidence of such notification to the Federal Insurance Administration.

c.

Ensure that the flood carrying capacity within the altered or relocated portion of said watercourse is not diminished.

Base flood elevation changes due to physical alterations:

a.

Within six (6) months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or ensure that the permit applicant submits technical or scientific data to FEMA for an LOMR.

b.

All LOMRs for flood control projects shall be approved prior to the issuance of building permits. Building permits must not be issued based on CLOMRs. Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition, found below. Such submissions are necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3.

Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means, and include a copy of a map of the community that clearly delineates the new corporate limits.

E.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1.

Certification required by Sections 20.255.110.C.1 (Elevation and Floodproofing) and 20.255.140 (Standards for Manufactured Homes within Manufactured Home Parks or Subdivisions)

2.

Certification required by Section 20.255.110.C.2 (Elevation and Floodproofing)

3.

Certification required by Section 20.255.110.C.3 (Elevation and Floodproofing)

4.

Certification of elevation required by Section 20.255.130.A.3 (Standards for Subdivisions and Other Proposed Development)

5.

Certification required by Section 20.255.160.B (Floodway)

6.

Maintain a record of all variance actions, including justification for their issuance, and report such variances in the biennial report submitted to FEMA

F.

Map Determination. Make interpretations, where needed, concerning the exact location of the boundaries of the areas of special flood hazards or areas of mudslide (i.e., mudflow) where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation, as provided in Chapter 20.500 (Permits and Applications Process).

G.

Remedial Action. Take action to remedy violations of this chapter as specified in Section 20.255.040 (Compliance).

H.

Biennial Report. Complete and submit a biennial report to FEMA.

I.

Planning. Ensure that the City's General Plan is consistent with the floodplain management objectives herein.

Section 20.255.100 - Permit Required

A permit shall be obtained before any construction or other development occurs, including manufactured homes, within any special flood hazard areas established in Section 20.255.030 (Basis for Establishing the Areas of Special Flood Hazard). Application for a development permit shall be made on forms furnished by the City. The applicant shall provide the following minimum information:

A.

Plans in duplicate, drawn to scale, showing all of the following:

1.

Location, dimensions, and elevation of the area in question, existing or proposed structures, and storage of materials and equipment and their location.

2.

Proposed locations of water supply, sanitary sewer, and other utilities.

3.

Grading information showing existing and proposed contours, any proposed fill, and drainage facilities.

4.

Location of the regulatory floodplain and floodway when applicable.

5.

Base flood elevation information as specified in Section 20.255.030 (Basis for Establishing the Areas of Special Flood Hazard) or Section 20.255.110.C (Elevation and Floodproofing).

6.

Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures.

7.

Proposed elevation, in relation to mean sea level, to which any non-residential structure will be floodproofed, as required in Section 20.255.110.C.2 (Elevation and Floodproofing) of this chapter and detailed in FEMA Technical Bulletin TB 3-93.

B.

Certification from a registered civil engineer or architect that the non-residential floodproofed building meets the floodproofing criteria in Section 20.255.110.C.2 (Elevation and Floodproofing).

C.

For a crawl-space foundation, location and total net area of foundation openings, as required in Section 20.255.110.C.3 (Elevation and Floodproofing) of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

D.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

E.

All appropriate certifications listed in Section 20.255.090.E (Documentation of Floodplain Development) of this chapter.

Section 20.255.110 - Standards of Construction

Construction in all areas of special flood hazards shall comply with the standards set forth in this section.

A.

Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B.

Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed as follows:

1.

With flood-resistant materials and utility equipment resistant to flood damage.

2.

Using methods and practices that minimize flood damage.

3.

With electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

4.

Within Zone AH or AO so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C.

Elevation and Floodproofing.

1.

Residential Construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement, as follows:

a.

In Zones AE, AH, and A1-30, elevated two (2) feet above the base flood elevation.

b.

In Zone AO, elevated above the highest adjacent grade to a height two (2) feet above the depth number specified in feet on the FIRM, or elevated at least four (4) feet above the highest adjacent grade if no depth number is specified.

c.

In Zone A, without base flood elevations specified on the FIRM (unnumbered Zone A), elevated two (2) feet above the base flood elevation, as determined under Section 20.255.090.C (Review, Use, and Development of other Base Flood Data).

Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector, to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

2.

Non-Residential Construction. All new construction or substantial improvements of any non-residential structures shall either be elevated to conform with Section 20.255.110.C.1 (Elevation and Floodproofing) or shall be as follows:

a.

Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 20.255.110.C.1 (Elevation and Floodproofing), so that the structure is watertight, with walls substantially impermeable to the passage of water.

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

c.

Be certified by a registered civil engineer or architect that the standards of Sections 20.255.110.C.2.a and b (Elevation and Floodproofing) are satisfied. Such certification shall be provided to the Floodplain Administrator.

3.

Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are useable solely for parking vehicles, building access, or storage, and that are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must meet the following minimum criteria:

a.

For non-engineered openings:

i.

Have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every one (1) square foot of enclosed area subject to flooding.

ii.

The bottom of all openings shall be no higher than one (1) foot above grade.

iii.

Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of flood water.

iv.

Buildings with more than one (1) enclosed area must have openings on exterior walls for each area to allow flood water to directly enter.

or

b.

Be certified by a registered civil engineer or architect.

4.

Manufactured Homes.

a.

Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirements of Section 20.255.110.C (Elevation and Floodproofing).

b.

Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in Section 20.255.140 (Standards for Manufactured Homes within Manufactured Home Parks or Subdivisions). Additional guidance may be found in FEMA Technical Bulletins TB 1-93 and TB 7-93.

5.

Garages and Accessory Structures.

a.

Attached Garages

i.

A garage attached to a residential structure, constructed with the garage floor slab below the base flood elevation, must be designed to allow for the automatic entry of flood waters. See Section 20.255.110.C.3 (Elevation and Floodproofing). Areas of the garage below the base flood elevation must be constructed with flood-resistant materials. See Section 20.255.110.B (Construction Materials and Methods).

ii.

A garage attached to a non-residential structure must meet the above requirements or be dry floodproofed.

b.

Detached Garages and Accessory Structures

i.

Accessory structures used solely for parking (two (2)-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 20.255.170 (Definitions), may be constructed such that its

floor is below the base flood elevation, provided the structure is designed and constructed in accordance with all of the following requirements:

a.

Use of the accessory structure must be limited to parking or limited storage.

b.

The portions of the accessory structure located below the base flood elevation must be built using floodresistant materials.

c.

The accessory structure must be adequately anchored to prevent flotation, collapse, and lateral movement.

d.

Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the base flood elevation.

e.

The accessory structure must comply with floodplain encroachment provisions in Section 20.255.160 (Floodway).

f.

The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 20.255.110.C.3 (Elevation and Floodproofing).

ii.

Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 20.255.110 (Standards of Construction).

6.

Crawlspace Construction. This sub-section applies to buildings with crawl spaces up to two (2) feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.

a.

The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than five (5) feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer.

b.

The crawl space is an enclosed area below the base flood elevation and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of flood waters.

c.

Crawl space construction is not permitted in V Zones. Open pile or column foundations that withstand storm surge and wave forces are required in V Zones.

d.

Portions of the building below the base flood elevation must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the base flood elevation.

e.

Any building utility systems within the crawl space must be elevated above the base flood elevation or designed so that flood waters cannot enter or accumulate within the system components during flood conditions.

f.

Requirements for all below-grade crawl space construction, in addition to the above requirements, shall include the following:

i.

The interior grade of a crawl space below the base flood elevation must not be more than two (2) feet below the lowest adjacent exterior grade (LAG), shown as D in Figure 3 of Technical Bulletin 11-01.

ii.

The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall, must not exceed four (4) feet (shown as L in Figure 3 of Technical Bulletin 11-01) at any point.

iii.

There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time (not to exceed seventy-two (72) hours) after a flood event.

iv.

The velocity of floodwaters at the site shall not exceed five (5) feet per second for any crawl space. For velocities in excess of five (5) feet per second, other foundation types shall be used.

7.

Mechanical Equipment. All new construction and substantial improvements of structures shall ensure that all mechanical equipment complies with the following criteria:

a.

The mechanical equipment shall be elevated above the base flood elevation, or

b.

the mechanical equipment shall be designed or located in such a way as to prevent water from entering or accumulating within the components during a flood event.

Section 20.255.120 - Standards for Utilities

A.

All new and replacement water supply and sanitary sewage systems shall be designated to minimize or eliminate the following:

1.

infiltration of flood waters into the system and

2.

discharge from systems into flood waters.

B.

On-site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Section 20.255.130 - Standards for Subdivisions and Other Proposed Development

A.

All new subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall do the following:

1.

Identify the Special Flood Hazard Areas (SFHAs) and base flood elevations.

2.

Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

3.

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:

a.

Lowest floor elevation

b.

Pad elevation

c.

Lowest adjacent grade

B.

All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

C.

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

D.

All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

E.

All subdivisions and other proposed developments located within special flood hazard areas shall comply with the planning requirements set forth in this section.

1.

Master Drainage Plan. All proposed projects located within a Special Flood Hazard area shall investigate the City's Master Drainage Plan for required improvements along Special Flood Hazard Areas. If the City determines that improvements are required, the project shall construct or pay for their fair share of the required improvements.

2.

Areas of Future Drainage Projects. For projects located within an area of Special Flood Hazard that will be affected by a future drainage project, the developer shall investigate any proposed or potential improvements required by the project to ensure that the proposed development does not encroach on areas required by the drainage improvements.

3.

Construct to Ultimate Conditions. Projects located within an area of Special Flood Hazard shall be designed for both the interim and ultimate hydraulic buildout condition. The ultimate hydraulic buildout condition shall be determined by the City Engineer.

Section 20.255.140 - Standards for Manufactured Homes within Manufactured Home Parks or Subdivisions

All manufactured homes in special flood hazard areas shall meet the anchoring standards in Section 20.255.110.A (Anchoring), construction materials and methods requirements in Section 20.255.110.B (Construction Materials and Methods), flood openings requirements in Section 20.255.110.C.3 (Elevation and Floodproofing), and garages and low-cost accessory structure standards in Section 20.255.110.C.5 (Elevation and Floodproofing). Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in Section 20.255.110.C (Elevation and Floodproofing).

A.

All manufactured homes that are placed or substantially improved on sites located in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall use the following standard:

1.

Within Zones A1-30, AH, and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated two (2) feet above the base flood elevation and is securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1 30, AH, and AE on the community's FIRM that are not subject to the provisions of Section 20.255.140.A (Standards for Manufactured Homes within Manufactured Home Parks or Subdivisions) shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either of the following is applied:

1.

Lowest floor of the manufactured home is at or above the base flood elevation.

2.

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor, including the basement, shall be certified by a registered civil engineer or licensed land surveyor and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

Section 20.255.150 - Standards for Recreational Vehicles

All recreational vehicles placed in Zones A1 30, AH, and AE shall apply one (1) of the following:

Be on the site for fewer than one hundred eighty (180) consecutive days,

2.

Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions), or

3.

Meet the permit requirements of Section 20.255.100 (Development Permit Required) of this chapter and the elevation and anchoring requirements for manufactured homes in Section 20.255.140.A (Standards for Manufactured Homes within Manufactured Home Parks or Subdivisions).

Since floodways are an extremely hazardous area due to the velocity of flood waters and related debris, potential projectiles, and erosion potential, the following provisions apply:

A.

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the City.

B.

Within an adopted regulatory floodway, the City shall prohibit all encroachments, including fill, new construction, substantial improvements, and other development, in all areas of the floodway, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

C.

If Sections 20.255.160.A and B (Floodway) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard-reduction provisions of this chapter.

Section 20.255.170 - Definitions

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Whenever the following words or phrases are used in this chapter, they shall have the meanings established by this section.

A.

A Zone/Zone A. See Special Flood Hazard Area.

B.

Accessory Structure, Low-Cost and Small. A structure located on the same parcel of property as a principal structure, the use of which is incidental to the use of the principal structure. This may include a structure that meets the following criteria.

1.

solely for parking of no more than two (2) cars or limited storage (small, low-cost sheds) and

2.

less than one hundred fifty (150) square feet and $1,500.00 in value.

C.

Alluvial Fan. A geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that has been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floor and that is subject to flash flooding, high-velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

D.

Apex. A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

E.

Appeal. A request for a review of the Floodplain Administrator's interpretation of this chapter or a request for a variance.

F.

Area of Shallow Flooding. Designated Zone AO, AH, or VO on the Flood Insurance Rate Map (FIRM) where the base flood depths range from one (1) to three (3) feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and areas of channelized or velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

G.

Base Flood. A flood that has a one percent (1%) chance of being equaled or exceeded in any given year (also called the "100-year flood" or the 0.01 annual exceedance probability [AEP] flood). Base flood is the term used throughout this chapter.

H.

Base Flood Elevation. The elevation shown on the FIRM for Zones AE, AH, A1-30, VE, and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent (1%) or greater chance of

being equaled or exceeded in any given year.

I.

Basement. Any area of the building having its floor subgrade (i.e., below ground level) on all sides.

J.

Building. See Structure.

K.

Development. Any built/created (not natural) change to improved or unimproved real estate, including buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and storage of equipment or materials.

L.

Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain that may impede or alter the flow capacity of a floodplain.

M.

Existing Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before October 24, 1978.

N.

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

O.

Flood, Flooding, or Flood Water. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation or runoff of surface waters from any source and/or mudslides (i.e., mudflows), and the condition resulting from flood-related erosion.

P.

Flood Insurance Rate Map (FIRM). The official map on which FEMA or the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium Zones applicable to the community.

Q.

Flood Insurance Study. The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

R.

Floodplain or Flood-prone Area. Any land area susceptible to being inundated by water from any source. See Flood, Flooding, or Flood Water.

S.

Floodplain Administrator. The City Engineer; the community official designated by title to administer and enforce the floodplain management regulations.

T.

Floodplain Management. Operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

U.

Floodplain Management Regulations. This chapter and other zoning requirements, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other application of police power that control development in flood-prone areas. This term describes federal, state, and local regulations in any combination thereof that provide standards for preventing and reducing flood loss and damage.

V.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.

W.

Floodway or Regulatory Floodway. The channel of a river or other watercourse and the adjacent land area that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

X.

Floodway Fringe. That area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

Y.

Functionally Dependent Use. A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

Z.

Governing Body. The local governing unit (i.e., county or municipality) that is empowered to adopt and implement regulations to provide for the public health, safety, and general welfare of its citizenry.

AA.

Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

BB.

Historic Structure. Any structure that is any of the following:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register of Historic Places;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

CC.

Lowest Floor. The lowest floor of the lowest enclosed area (including basement).

1.

An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's

lowest floor, provided it conforms to applicable non-elevation design requirements, including the following:

a.

The flood openings standard in Section 20.255.110.C.3 (Elevation and Floodproofing),

b.

The anchoring standards in Section 20.255.110.A (Anchoring),

c.

The construction materials and methods standards in Section 20.255.110.B (Construction Materials and Methods), and

d.

The standards for utilities in Section 20.255.120 (Standards for Utilities).

DD.

Mean Sea Level. The datum by which base flood elevations shown on a community's FIRM are referenced.

EE.

Manufactured Home means a structure, transportable in one or more sections, which is built on a

permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

FF.

Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

GG.

New Construction. For floodplain management purposes, structures for which the "start of construction" commenced on or after October 24, 1978, and including any subsequent improvements to such structures.

HH.

New Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after October 24, 1978.

II.

Obstruction. Includes any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse that may alter, impede,

retard, or change the direction and/or velocity of the flow of water or, due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood to be carried downstream.

JJ.

"Recreational Vehicle" means a vehicle which is:

1.

Built on a single chassis;

2.

Four hundred (400) square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light-duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

KK.

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

LL.

Special Flood Hazard Area (SFHA). An area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. It is shown on a Flood Hazard Boundary Map (FHBM) or FIRM as Zone A, AO, A1-A30, AE, A99, E, M, or AH. Also includes those areas identified by the State of California Department of Water Resources as being subject to one-half of one percent (0.5%) or greater chance of flooding in any given year.

MM.

Start of Construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, or filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

NN.

Structure. A walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

OO.

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. Flood-related damages sustained by a structure on two (2) separate occasions during a ten (10)-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred. This is also known as "repetitive loss."

PP.

Substantial Improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either of the following:

1.

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or

2.

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

QQ.

Violation. The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

RR.

Water Surface Elevation. The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

SS.

Watercourse. A lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourses include specifically designated areas in which substantial flood damage may occur.

(Ord. No. 2019-1474, § 2, 5-14-2019

Section 20.255.180 - Variances

All variances are subject to the standards and process set forth in the Municipal Code Sections 20.525.070 through 20.525.090.

(Ord. No. 2019-1474, § 2, 5-14-2019)

CHAPTER 20.260 - RIDGELINE PROTECTION & MANAGEMENT OVERLAY ZONE

Section 20.260.010 - Purpose of Chapter

This Chapter of the Municipal Code shall be titled as the "Ridgeline Protection & Management Overlay Zone" and shall become effective February 14, 2006.

The purpose of this Ordinance is to preserve Primary Ridgelines in their natural state and minimize visual impact to Secondary Ridgelines through a Ridgeline Overlay Zone (ROZ) that protects natural viewsheds, unique natural resources, minimizes the physical impacts to ridgelines, and establishes innovative site and architectural design standards. Furthermore, in adopting the ROZ, it is the desire of the City Council to have as little financial impact as possible on single family property owners while still meeting the intent of the ordinance.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

Section 20.260.020 - Identification of Primary and Secondary Ridgelines

Primary and Secondary Ridgelines are identified in North City Area #1, Southeast City Area #2, and Southern City Area #3 within the City limits as of January 10, 2006; delineated in Figures 20.260-1, 20.2602, and 20.260-3; and shown as bold lines for primary ridgelines and dashed lines for secondary ridgelines on each applicable area map, as described below:

A.

North City Area #1 (Figure 20.260-1) is located in the College Area Community Plan and Twin Oaks Valley Community, which includes portions of "P" Mountain and Owens Peak.

B.

South East and West City Area #2 (Figure 20.260-2) is located in the Questhaven/La Costa Meadows Community Plan, which includes Franks Peak and Mount Whitney (located in San Diego County). This area also includes Double Peak and Cerro de Las Posas as defined by the San Elijo Hills Specific Plan.

C.

Southern City Area #3 (Figure 20.260-3) is located in the Questhaven/La Costa Meadows Community Plan, which includes a southerly primary ridgeline extending from east to west near the San Marcos abandoned landfill.

Figure 20.260-1

==> picture [348 x 551] intentionally omitted <==

Figure 20.260-2

==> picture [348 x 569] intentionally omitted <==

Figure 20.260-3

==> picture [348 x 570] intentionally omitted <==

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

Section 20.260.030 - Applicability and Exemptions

This chapter applies to existing residences, existing permitted uses, and entitled projects as of February 14, 2006, that are located inside the ROZ. Exemption from the requirements of this chapter does not exempt any project or parcel from Code or regulatory requirements. The following projects, permits, and permitted uses shall be exempt from the requirements of Chapter 20.260 (Ridgeline Protection & Management Overlay Zone):

A.

Existing Development. Existing development entitlements such as General Plan Amendments, Specific Plan Amendments, Master Tentative Maps, Final Maps, Site Development Plans, and grading and/or building permits that were issued prior to February 14, 2006, are exempt from this chapter 20.260, provided that either of the following occurs:

1.

No permit, map modification, or change in use is proposed after February 14, 2006; or

2.

A permit or map modification is proposed where it is deemed in substantial conformance, as determined by the Director, with the previously approved permit or map.

B.

Existing Residences. Existing residences located outside of the vertical ridgeline setback are exempt from this chapter, provided the following occurs:

1.

No expansion or modification of the primary residence would require an RDP.

2.

Architectural elements, including decks, trellises, and other similar architectural enhancements that do not increase the building or roofing square footage and do not exceed a maximum building height of twentyeight (28) feet.

3.

An expansion is proposed provided that expansion does not exceed 1,000 square feet of additional building footprint and that the total combined square footage does not exceed 4,500 square feet maximum or a building height of twenty-eight (28) feet.

C.

Existing Primary Residences. Existing primary residences located within the vertical ridgeline setback are exempt from this chapter, provided the following occurs:

1.

No expansion or modification of the structure is proposed.

2.

Architectural elements, including decks, trellises, and other similar architectural enhancements, are proposed that do not increase the building footprint and do not exceed a building height of twenty-four (24) feet.

3.

An expansion is proposed provided that the expansion does not exceed five hundred (500) square feet of additional building footprint, create a new building footprint exceeding 3,000 square feet, or exceed a building height of twenty-four (24) feet.

D.

Damaged Existing Residences. Existing single-family residences damaged or destroyed by natural disasters (i.e., fires, earthquakes, landslides) can be replaced as previously built; fees will be limited to building/grading permit processing fees.

E.

Other Exemptions. Other existing development-related features and activities:

1.

View fences (wrought iron, plexi-glass) not exceeding a height of six (6) feet.

2.

Construction and/or maintenance of local public streets or private roads necessary for access, including emergency fire access, to the development site or home site.

3.

Public trails for passive recreational use according to an adopted Master Trails Plan.

4.

Public and private utility systems.

5.

On-site waste disposal systems and water storage tanks.

6.

Grading or road construction necessary to maintain a road surface or repair a slope or road failure if such action is deemed necessary by the City Engineer to maintain access or for an emergency (i.e., a situation where life and/or property are threatened). Such actions might include buttressing or repairing a slope failure above or below a structure; repairing access roads; resurfacing an asphalt road; or repairing roadway damage due to erosion, slope failure, or mud slides.

7.

Ongoing or expansion of existing agricultural uses where such expansions do not require grading or construction of structures within the ROZ.

Existing accessory structures.

9.

New accessory structures that do not exceed two hundred (200) square feet in building footprint or a building height of twenty-four (24) feet.

10.

Expansion of existing or approved accessory structures that do not exceed two hundred (200) square feet of additional building footprint or a building height of twenty-four (24) feet, or create a new building footprint exceeding four hundred (400) square feet.

Section 20.260.040 - Permitted and Prohibited Land Uses

Permitted and prohibited land uses in primary and secondary ridgelines in the ROZ are described in Table 20.260-1.

Table 20.260-1

Land Uses in Primary and Secondary Ridgeline Areas

Primary Ridgeline Areas Permitted Uses Trails and open space. Habitat management/restoration activities. Circulation roads.

Private driveways of limited length to provide access to single-family development off of the ridgeline, if there is no other alternative access.

All structures shall comply with the vertical contour setback of 100 feet, as measured vertically from the ridgeline crest.

All permitted uses per the relevant Zone are allowed, provided the use complies with guidelines in this chapter. Prohibited Uses

Subject to Section 20.260.050.E.1.e, no structures or construction activity of any kind, including grading, are permitted in the primary ridgeline vertical setback unless exempt or modified through Section 20.260.060.

No greenhouses, storage containers, or any other type of temporary structure or portable structure are permitted in the primary ridgeline vertical setback.

No new agriculture, grazing, or tilling of the soil will be permitted in the primary ridgeline vertical setback, unless an RDP is approved by the Planning Commission.

Subject to the provisions of Chapter 20.465, no Wireless Telecommunication Facility of any kind is permitted in the primary ridgeline vertical setback. (Ord. No. 2014-1398, 8-12-2014)

Secondary Ridgeline Areas Permitted Uses

Trails and open space.

Habitat management/restoration activities.

Circulation roads.

Private driveways of limited length to provide access to single-family development off of the ridgeline, if there is no other alternative access. All permitted uses per the underlying Zone are allowed, provided the use complies with guidelines in this chapter. All structures shall comply with the vertical ridgeline setback of 50 feet as measured vertically from the ridgeline crest. Limit permitted uses to single-family large-lot residential consistent with the underlying General Plan designation. In large-lot single-family Residential Zones, a cluster concept per the regulations set forth in this Zoning Ordinance may be used. Agricultural structures (barns, greenhouses, etc.) shall be limited to lower lying areas to avoid disruption of the skyline silhouette of the primary ridgeline. Tennis courts, basketball courts, and any other type of private recreational amenity shall be located so that it does not create a visual impact to the ridgeline. Prohibited Uses Subject to Section 20.260.050.E.1.e.ii., no structures or construction activity of any kind, including grading, are permitted in the secondary ridgeline area within the 50-foot vertical ridgeline setback. Subject to the provisions of Chapter 20.465, no Wireless Telecommunication Facility of any kind is permitted in the secondary ridgeline area within the 50-foot vertical ridgeline setback. (Ord. No. 2014-1398, 8-12-2014)

A.

Determination of Development Yield. The determination of development yield shall comply with the City's Slope Density Formula, even with clustering through a Specific Plan and the allowable density that is consistent with the General Plan designation and underlying Zone.

B.

Lot Size/Configuration. Lots shall be designed to avoid impacts to primary ridgelines and to preserve secondary ridgelines to the greatest extent practicable. The creation of new residential lots, including residential subdivisions, and adjustments of residential lot lines shall comply with the following standards:

1.

Clustering shall be permitted for a residential development consisting of five (5) residential lots or more through a Specific Plan.

2.

Clustered residential development shall be allowed through a Specific Plan where appropriate and to the extent feasible as a means to preserve the natural appearance of hillside areas. Under this concept, dwellings shall be located in the more level portions of the site, while steeper areas shall be preserved in a natural state. Lots developed through clustering may be smaller in size than would be allowed by the underlying Zone, so long as the following occurs:

a.

The resultant development generally retains the architectural mass, bulk, and scale of surrounding/existing development.

b.

The resultant development preserves, as much as feasible, other environmentally sensitive areas or habitat on-site.

3.

In cases where clustering is not used, lot sizes shall be consistent with the minimum lot size permitted under the Zone per Section 20.300.040 (Gross Slope/Acreage Analysis).

4.

Lots shall be created that are consistent with and conform to the existing City Subdivision Ordinance and ensures that such lots are physically suitable to the existing site topography, geology, and biology, and is feasible for site development.

C.

Circulation. Where feasible, street and driveway layouts shall follow the natural contours of the terrain to minimize grading and visual impacts. The following street and driveway designs may be considered, subject to approval by the City Engineer and the Fire Marshal.

1.

Cul-de-sacs, split-level roads, and loop roads where appropriate to fit the natural topography.

2.

Narrower street sections shall be allowed to minimize grading, habitat removal, and visual impacts.

3.

In ROZ areas with light pedestrian traffic or single-loaded streets, sidewalks installed on only one (1) side of the street shall be allowed.

4.

Improvements necessary to provide for safe, convenient pedestrian access to schools, parks, and other recreational facilities.

D.

Grading/Landform Modification.

1.

Volume of grading.

a.

To the extent feasible, the volume of earth moved for cuts and fill shall be minimized.

b.

Cuts and fill in excess of twenty (20) feet in depth are discouraged.

c.

Grading shall be limited to no more than twenty-five percent (25%) of the lot area.

2.

Screening of manufactured slope.

a.

Hillside development should vary the location and design of structures, landscaping, and access to give a more natural appearance, follow the natural contour of the land, and limit land alteration.

b.

Berms shall be used at the top of slopes and other locations to screen, vary profile, and ensure drainage away from slopes.

3.

Building pads, driveways, roads, and structures, including recreational courts and accessory buildings, in hillside development areas shall follow and avoid significantly altering the natural contour of the land.

4.

Contour grading.

a.

Cut and fill slopes shall be contoured to be compatible with the existing natural landforms. Continuous unbroken slope surfaces that are visible from off-site are discouraged.

b.

Graded slopes should be contoured by varying slope increments and undulating banks vertically and horizontally.

c.

Cut and fill banks and drainage terrace spacing shall be varied to alleviate monotony and allow random landscaping.

E.

Building Placement, Maximum Building Height, and Basements.

1.

In areas adjacent to ridgelines or in moderate slope areas, dwelling units and structures should be sited to do the following:

a.

Use the natural ridgeline as a backdrop for structures.

b.

Use landscape plant material that blends with the adjacent natural vegetation as a backdrop.

c.

Use structures to maximize concealment of any cut slopes.

d.

Locate structures in the most accessible, least visually prominent, and most geologically stable portion or portions of the site.

e.

No new main or accessory structure shall be constructed within:

i.

the one hundred (100)-foot vertical contour setback of a primary ridgeline, or

ii.

the fifty (50)-foot vertical contour setback of a secondary ridgeline

Unless it can be proven through computer/photo simulation that each development is consistent with the objectives of this Zoning Ordinance, cannot be seen from the identified viewing platform locations or does not adversely affect the ridgeline silhouette, and is approved by the Planning Commission under Section 20.260.080 (Development Regulation Modification). Additionally, the structure shall not exceed a height of twenty-four (24) feet.

f.

Design dwelling units and structures to incorporate hillside adaptive features such as split-level pads or single-story dwellings.

g.

Exposed basement or stem walls shall be architecturally enhanced and shall be included in the overall measurement of the maximum allowable height from finished grade to the top of the roof pitch.

h.

Build new structures or room additions to not exceed a height of twenty-eight (28) feet.

i.

Locate buildings and improvements to minimize visual impacts.

j.

Allow the option of development to soften or eliminate off-site visual impacts from viewing platforms through ridgeline re-creation, berming, and landscaping.

F.

Architecture. The primary structures shall be designed as follows:

1.

Sensitive architectural design shall be applied. Buildings and improvements shall be scaled to be compatible with the hillside and to avoid excessively massive forms that dominate views of the hillside.

2.

Building facades shall have varying vertical planes, and overhangs shall be used as a means to create changing shadow lines to reduce the visual mass of forms. Buildings shall be stepped to follow the natural contour of the slope and to minimize building heights.

3.

Wall surfaces that are visible shall be minimized in scale through such design features as the use of singlestory elements, setbacks, low roof pitches, and landscaping.

4.

Roof pitches shall be generally designed to follow the angle of the site slope, but variation may be provided to avoid a monotonous appearance. Flat roofs are prohibited.

5.

Structures with visible underpinnings that extend more than six (6) feet above grade shall be avoided. Integrate structural underpinnings for decks, additions, or foundation structures that exceed six (6) feet in height into the design aesthetics of the building.

6.

No above ground swimming pools will be allowed unless there are architectural features added to the exposed wall; in-ground pools must meet all code requirements. The exposed wall of a vanishing-edge pool shall be constructed with a stone veneer.

Mechanical equipment shall be screened by a structure or landscaping.

G.

Accessory Structures. (Ord. 2017-1445, 7/11/2017)

1.

Existing accessory structures greater than four hundred (400) square feet will be allowed a twenty-five percent (25%) maximum expansion provided they comply with the regulations stated herein.

2.

The size of the accessory structure or accessory dwelling unit shall be regulated by Chapter 20.410 (Accessory Units and Accessory Structures), and the structure location shall blend with the main dwelling unit while requiring the least amount of grading as feasible.

3.

No temporary or portable car covers or car tents shall be allowed.

4.

Accessory structures shall comply with Chapter 20.410 (Accessory Units and Accessory Structures).

H.

Color and Materials. Exterior finishes and colors of structures and walls shall blend with the color tones of the natural surroundings through the use of earth tones and the avoidance of reflective or bright materials and finishes. The following standards shall also apply:

1.

Exterior finishes, walls, and roof colors should emulate the colors of the surrounding native vegetation and soils. Darker, flatter tones and earth tones, such as browns, greens, and terra cotta, shall be used for exterior siding and roofs. Reflective and bright colors shall be avoided.

2.

Exterior finishes, walls, and roofs shall be a mix of rough textures to blend with the coarseness of the natural surroundings. Materials may include stone, stucco, wood, earth-tone brick, low reflective glass, and integrated color coarse block. Highly reflective glass and polished metal surfaces shall be avoided. Use materials that will reduce light reflection.

3.

The facade of retaining walls shall incorporate architectural enhancements to blend with the natural surroundings.

I.

Walls and Fences.

1.

Fiberglass sheeting, galvanized chain-link fence with inserts, bamboo sheeting, or other similar temporary material shall not be permitted as a fencing material.

2.

Wrought-iron fencing, dark green or black vinyl-clad, chain-link fencing without inserts/slats, or suitable alternative shall be permitted.

3.

Electrified, razor, or concertina wire fencing is prohibited.

4.

Tall and/or elongated retaining walls shall be avoided. Retaining walls higher than eight (8) feet (unless used as part of the structure as a stem wall) shall be divided into terraces and landscaped to reduce their visual prominence.

J.

Fire Fuel Modification.

1.

Fire Clearance:

a.

Buildings should be setback a minimum of twenty (20) feet from down slopes.

b.

A one hundred fifty (150)-foot clearance, or as approved by the Fire Marshal, shall be provided from all structures with vegetation, as approved by a specialized study.

c.

Roofs, overhangs, undersides of exposed balconies, and roof eaves shall be protected with fire-resistant material.

2.

Fire Fuel Management:

a.

New plantings shall feature fire- and drought-tolerant species.

K.

Landscaping.

1.

Retaining walls shall be covered in stone veneer or camouflaged with native landscaping or planted as approved by a fire fuel management plan.

2.

All graded slopes and manufactured open space shall be irrigated and landscaped as approved by the City.

3.

Properties required to use landscaping as a screening method will be allowed to plant so that views are preserved in conjunction with adequate screening.

4.

Larger tree specimens may be required for immediate screening results. Trees shall be selected and placed on property so that trees do not impact the silhouette or skyline of the ridgeline as they mature.

5.

Planting of native landscape shall be used to camouflage visible structures as required by the Director.

L.

Interface with Biological Reserves/Subarea Plan (Focused Planning Areas) Preserved Design. All development within the ROZ shall be consistent with the City's Multiple Habitat Conservation/Subarea Plan.

M.

Exterior Lighting. Exterior lighting shall be the minimum necessary to provide adequate illumination of pathways, entryways, and private outdoor areas. Lighted outdoor recreational facilities, including basketball, tennis, and volleyball courts, and athletic fields may be permitted under a DP. The following standards shall also apply:

1.

Flood lighting shall be prohibited.

2.

Outdoor lighting, including street lighting, mounted light fixtures, and landscape lighting shall use full cut-off light fixtures. Light fixtures shall be shielded so that the illuminated area does not extend beyond the property boundaries.

Site and building design shall incorporate low-intensity exterior lighting.

4.

The use of ground-level fixtures is encouraged. Taller, more visible fixtures shall be avoided.

N.

Findings. Projects of two (2) or more dwellings units shall comply with the required findings:

1.

Conforms to the General Plan.

2.

Can be adequately, reasonably, and conveniently served by public services, utilities, and public facilities.

3.

Undevelopable areas of the project pursuant to Section 20.260.020 (Identification of Primary and Secondary Ridgelines) of this Zoning Ordinance, have been properly identified.

4.

Complies with the purpose and intent provision of Section 20.260.010 (Purpose of chapter) of this chapter.

5.

Substantially conforms to the ridgeline development guidelines.

Section 20.260.060 - Ridgeline Development Permit and Noticing

The regulations of this chapter are intended to streamline development and protect visual aesthetics of the ridgeline.

A.

Ridgeline Development Permit (RDP) Required. The proposed construction of two (2) or more main structures or parcels located within a primary or secondary ridgeline setback area that involves grading, or construction into or onto the areas identified as the City's ROZ Map must obtain an RDP pursuant to this chapter prior to any construction. The Development Regulations herein shall apply to subdivisions, uses, new structures, and additions to existing structures including accessory structures and to all development on a parcel(s) located within any ROZ.

B.

Ridgeline Development Permit Exemption. The proposed construction of one (1) single-family residence, on a legal lot in the ROZ, that conforms to the regulations of this chapter shall not be required to obtain an RDP. Noticing, consistent with Section 20.260.060.D, shall occur based on receipt of the building plans submitted by the property owner.

C.

Required Review. The RDP and submitted building plans must be reviewed and approved by the Planning Commission.

D.

Noticing. Within twenty (20) working days of the receipt of the RDP (or receipt of the building plans) by an applicant, the San Marcos Planning Division shall:

1.

Mail out a Notice of Intent (NOI) to the surrounding property owners within 1,000 feet of project boundary; or expand the NOI to include a minimum of one hundred (100) property owners, whichever is greater.

2.

Post the NOI on the City's website.

Section 20.260.070 - Application Submittal Requirements

Application for an RDP shall be made in accordance with the procedures set forth in this section.

A.

Chapter Compliance. Although an RDP is not required for a single lot proposing a single-family dwelling unit or accessory structure, the applicant shall conform to the design and development standards in this Zoning Ordinance prior to approval of a building permit.

B.

Filing. An application for an RDP may be made by the record owner or owners of the property affected or authorized agent of the owner or owners. The application shall be filed with the Planning Division upon filing forms required by the Planning Division. The application shall be accompanied by the requirements listed under Section 20.260.070.D, which allow for detailed review pursuant to this chapter and demonstrate compliance with this Zoning Ordinance.

C.

Noticing and Fee. At the time of filing the RDP application, which will include a Public Notice procedure consistent with that described in 20.260.060, above, the applicant shall pay a processing fee as established by the City plus appropriate environmental fees.

D.

Submittal Requirements. The required submittal of plans and material are as follows:

1.

Legal description, Assessor's Parcel Number, and vicinity map.

2.

A brief outline of proposed project.

3.

A description of and zoning of adjacent properties.

4.

Photographs of site.

5.

An existing conditions map showing all trees, shrubs, vegetation, rock outcroppings, ridges and hilltops, drainage courses, lakes, ponds, access points, easements, existing buildings, proposed buildings, abovegrade utility lines, buildings on adjacent lots within fifty (50) feet of the project property line, and any other significant natural features.

6.

A slope map with a minimum two (2)-foot contour interval at a scale of one (1) inch = one hundred (100) feet clearly depicting all contours on-site. In cases where applicant may rely on an off-site easement for brush management and access, show all slopes in these areas as well.

7.

A preliminary soils report submitted by a certified engineer.

8.

A preliminary hydrology report.

9.

An erosion control plan.

10.

Grading and drainage plan, if applicable.

11.

Fuel Management Plan.

12.

A landscape plan.

13.

Plans and elevation or rendering of proposed dwelling and other buildings.

Samples of the proposed building material on a material board.

15.

A photo simulation may be required for subdivisions of five (5) or more lots, or as determined by the Director. The simulation should be taken from off-site viewing platforms and showing the relationship between the Primary/Secondary Ridgeline versus the proposed development as determined by the Director. Minor subdivisions may still require, at a minimum, visual cross-sections as determined by the Director.

16.

Other technical studies addressing visual and design aspects of the project as deemed necessary by the Director.

Section 20.260.080 - Development Regulation Modifications

When the strict literal interpretation and/or enforcement of the provisions of this chapter creates practical difficulties or results that are inconsistent with the goals and purposes of the ROZ, a modification of the applicable development regulations and/or required setbacks may be granted in accordance with the following.

A.

Request for Modification Procedure. The variance procedure established by Chapter 20.525 (Variances) of this Zoning Ordinance, including noticing and appeals procedures, shall be applicable to the modification of development regulations within the ROZ. However, for any ROZ modifications the Planning Commission shall have final review and approval responsibilities, subject to the following finding requirements in place of those findings required by Section 20.525.040 (Required Findings).

1.

The visual impacts of the proposed development have been minimized through creative or innovative design.

a.

A photo simulation, acceptable to the Director, of the proposed development (exempting single-family units in compliance with this chapter) shall be submitted with the modification application to properly evaluate the scope of minimization of visual impacts.

2.

Granting of any modification will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvement in the vicinity and Zone in which the property is located.

Granting of any modification will be adversely affect the silhouette of any ridgeline and not adversely affect the overall goals and purposes of the ROZ.

B.

Pipeline Projects/Exemption from Modification Process. Single family properties currently in the moratorium pipeline which are not directly on the ridgeline, are exempt from the Modification procedures as long as development is in keeping with the parameters of the ordinance. Those single family properties directly on a ridgeline and unable to meet the ordinance parameters are required to go through the Modification process with no photo simulations and at an expedited pace (2—3 months).

C.

Modification of Ridgeline Development Permit. Any permitted projects reviewed and approved under the ROZ that requires a modification and is considered an intensification of the original approval must request and receive approval by means of a substantial conformance determination by the Planning Commission.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

An RDP is required if a developer or property owner is proposing two (2) or more residential dwellings units that falls within the ROZ. The decision of the final decision-making body or official is final and effective ten (10) calendar days after adoption or the resolution or written decision, unless a written appeal is filed within the ten (10)-day period using the same appeal procedure to the other permits that are processed concurrently with the RDP.

If no other discretionary permits are being processed concurrently with the RDP, then the appeal procedures in Chapter 20.545 (Appeals and Revocations) shall apply.

A.

Any person who violates any of the provisions of this chapter shall be punishable by a fine under Chapter 1.12.010.

B.

Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person.

C.

In addition to receiving any fines or other monetary remuneration, the City shall have the right to seek injunctive relief for any and all violations of this chapter and all other remedies provided by law or in equity.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

Section 20.260.110 - Conflict, Enforcement, and Interpretation

In the event of a conflict between this chapter and another chapter in this Zoning Ordinance, the more restrictive shall apply.

Section 20.260.120 - Definitions

As used in this chapter, the following terms shall have the indicated meanings:

A.

Area. One (1) of three (3) designated geographical sections located either within the City or its sphere of influence, and referenced in Figures 20.260-1, 20.260-2, or 20.260-3 as Area #1, Area #2, or Area #3.

B.

Area Map. An approved topographic map at one (1) inch equals two hundred (200) feet that defines primary and secondary ridgelines, and delineates the boundaries of the ROZ.

C.

Contour Grading. A grading technique that results in manufactured slopes that resemble a more natural terrain. Contour grading typically includes horizontal and vertical curve variations along manufactured slope banks.

D.

Development. Any grading or construction activities, including agricultural operations.

E.

Grade. To excavate cut or fill or any combination thereof.

F.

Hillside. That part of a hill between the summit and the foot of the hill, excluding saddles and flat areas.

G.

Ridgeline Development Permit (RDP). The permit required to be approved by the Planning Commission for two (2) or more residential dwellings before any grading, construction, or development can occur within the ROZ.

H.

Manufactured Slope. A built (not natural) cut or fill slope.

I.

Natural Slope. A slope that is not manufactured.

J.

Primary Ridgeline. The centerline or crest of the predominant ridge of a mountain, as identified in Figures 20.260-1, 20.260-2, or 20.260-3.

K.

Ridge. An elongated crest or series of crests of a mountain.

L.

Ridgeline Overlay Zone (ROZ). A geographically defined overlay Zone, as delineated in Figures 20.260-1, 20.260-2, or 20.260-3 which establishes the boundaries of the Ridgeline Ordinance hereafter referenced as ROZ.

M.

Secondary Ridgeline. The centerline or crest of a ridge descending from a primary ridgeline.

N.

Slope. Ground that forms a natural or artificial incline.

O.

Skyline. The interface between the ridgeline and the sky as seen from one (1) or more viewing platforms (see Table 20.260-2).

P.

Square Footage of Building. For the purpose of this chapter, the square footage of a building shall be determined by calculating the area of the foundation from outside to outside edge.

Q.

Vertical Ridgeline Setback. A development setback established vertically from primary and secondary ridgelines constituting one hundred (100) vertical feet from primary ridgelines and fifty (50) vertical feet from secondary ridgelines. See Figure 20.260-4.

R.

Viewing Platforms. Those portions of major thoroughfares and other selected public vantage points (City parks) located within the City and its sphere of influence lands that were used to assess the visual significance of the primary and secondary ridgelines covered by this chapter. The viewing platforms are identified in Figure 20.260-1 and listed in Table 20.260-2.

S.

Total Graded Area. All graded areas (including on- and off-site) of a development project.

T.

View Fence. A type of fence consisting of a material (wrought iron, plexiglass, etc.) that allows visibility both on- and off-site.

Table 20.260-2

Viewing Platform Locations

Figure 20.260-4 Illustration of Vertical Ridgeline Setbacks

==> picture [276 x 206] intentionally omitted <==

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

Section 20.260.130 - Severability

If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect the remaining provisions of this ordinance.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

CHAPTER 20.265 - AIRPORT OVERLAY ZONE

The purpose of this chapter is to properly regulate land use and building design within the Airport Influence Area defined in the Airport Land Use Compatibility Plan for McClellan-Palomar Airport. Prohibition of incompatible land uses in this area is critical for the proper function of the airport and the health, safety, and welfare of the San Marcos community.

The provisions of this chapter shall be applicable to all real property and the establishment, renewal, and expansion of all land uses within the Airport Influence Area. Figure 20.265-2 establishes the Airport Influence Area consistent with the Airport Land Use Compatibility Plan for McClellan-Palomar Airport. The provisions of this chapter shall prevail in all cases where regulatory conflicts exist between this chapter and any other chapter of this Zoning Ordinance.

Section 20.265.030 - Regulations

The following regulations shall apply to all land uses, new structures, and additions to existing structures that increase the height of the structure within the Airport Influence Area, in addition to all regulations of the applicable Zone.

A.

Site Development Plan Review. All permits, including building permits, for land uses and structures within the Airport Influence Area shall be subject to Site Development Plan Review, consistent with the provisions of Chapter 20.515 (Site Development Plan Review). All proposed projects and building permits shall be reviewed during Site Development Plan Review for compliance with the following:

1.

Federal Aviation Administration (FAA) requirements concerning the height of structures.

2.

Safety standards identified in Part 77 of FAA's regulations. If any structures or appurtenances are permitted to penetrate the transitional surface (defined by FAA as a seven to one [7:1] slope extending from the end of the runway primary surface), obstruction lighting shall be required.

3.

The applicant shall be required to file a Notice of Proposed Construction or Alteration with FAA pursuant to Part 77 of the Federal Aviation Regulations (14 Code of Federal Regulations Part 77). No building permit shall be issued for any structure subject to this section until the building permit applicant submits to the Director proof of submission of the Notice of Proposed Construction or Alteration and copies of all documentation received from FAA in response to such notice, including the determination and any final decision of FAA as to whether the proposed structure would be an obstruction or hazard to air navigation.

B.

Real Estate Disclosure. Newly subdivided lands, new residential developments, condominium conversions, and the sale of existing residential property within the Airport Overlay Zone shall require a real estate disclosure consistent with Figure 20.265-1.

C.

Overflight Notification Document. Developers of new residential projects within the Airport Overlay Zone shall write an overflight notification document as a condition of development approval. The overflight notification document include a disclosure consistent with Figure 20.265-1.

Figure 20.265-2

Airport Overlay Zone Map

NOTICE OF AIRPORT IN VICINITY: This property is located in the vicinity of an airport, within what is known as an Airport Influence Area. For this reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example, noise, vibration, and odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with this property, and determine whether they are acceptable to you, before you complete your purchase.

Figure 20.265-2 Airport Overlay Zone Map

==> picture [368 x 565] intentionally omitted <==

CHAPTER 20.300 - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS

Section 20.300.010 - Purpose of Chapter

The purpose of this chapter is to provide additional regulations and exceptions applicable to all Zones regarding lots, development, and performance standards. The provisions of this chapter shall prevail over the development standards of any individual Zone standard or regulation.

Section 20.300.020 - Lot Standards Applicable to All Zones

A.

Lot Sizes. All structures shall be limited to development on legal lots meeting the minimum lot area required by the applicable Zone, unless otherwise modified by a specific chapter. Single-family residential development can include one (1) primary building; any additional structures shall be subject to Section 20.410 (Accessory Dwelling Units and Accessory Structures) and Section 20.470 (Two-Unit Residential Developments).

1.

Lot size and setbacks for standard and irregular lots shall be measured subject to Figure 20.300-1, at the discretion of the Director. See Section 20.300.050.C Standard Setbacks, for more information regarding setback measurements.

2.

Where a lot or building site is devoted exclusively to public buildings and uses owned by the City, county, City and county, municipality, or other political subdivision or is devoted exclusively to public utility buildings and uses and no living quarters are located on such lot or parcel, a Conditional Use Permit may be issued authorizing a reduction in the minimum required area for such lot or building site.

B.

Minimum Required Area. Actions resulting in reduction of lot size to less than the minimum required area for the applicable Zone are prohibited, except when such action(s) from partial acquisition are for public use; the remaining lot shall be considered as conforming under this Zoning Ordinance until such time as the lot is redeveloped.

C.

Architectural Compatibility. All fencing, walls, carports, and accessory structures shall be architecturally compatible in design and material to the primary building or dwelling unit.

D.

Mechanical Equipment. All mechanical and electrical equipment, including solar panels, fencing, walls, and accessory structures, shall be architecturally integrated with associated structures and appropriately screened from view, especially from State Route 78, subject to Director approval. Sound shall be buffered from adjacent properties and streets to the satisfaction of the Director.

E.

Preexisting Lots. Developed lots and buildings legitimized by a deed on record or executed contract of sale existing prior to the date it was first zoned by the City shall be exempt from minimum lot area requirements if the following conditions apply:

1.

The owner owns no adjoining land, and

2.

It is not the result of a division of land in violation of any state law or City ordinance.

F.

Public Acquisition Remainder Lots. If a portion of a legally existing lot in any Zone is acquired for public use in any manner, including dedication, condemnation, or purchase, the remainder of such lot shall be considered as meeting the minimum lot area and conforming under this Zoning Ordinance if the following standards are met:

1.

A rectangular buildable area of thirty (30) feet by forty (40) feet (1,200 square feet) is usable after all applicable front and side setbacks are met, and a minimum of fifty percent (50%) of the required rear setback is met; or

2.

The lot area is equal to at least fifty percent (50%) of the required minimum lot area of the applicable Zone; or

3.

The lot area is equal to at least 6,000 square feet in Zones requiring a minimum lot area of one-half (0.5) acre (21,780 square feet or maximum of two (2) units per acre) or more; and

4.

The remaining lot has access to a street.

If the above conditions are not met after a portion of the lot is acquired for public use, then a variance shall be used to define the permissible lot standards.

The subsequent lot, deemed conforming based on the above conditions, shall have a reduced rear setback standard of fifty percent (50%) of the rear setback required by the applicable Zone.

Figure 20.300-1 Measuring Lot Size and Setbacks, Standard and Irregular Lots

==> picture [348 x 565] intentionally omitted <==

G.

Permitted Encroachment Standards.

1.

Residential Zone Permitted Projections. All buildings and structures shall conform to setbacks established by Tables 20.215-3 and 20.215-4, except where modified per the permitted encroachments standards of

this section and the standards of Table 20.300-1 (Permitted Encroachments by Zone), or as otherwise modified by this Zoning Ordinance.

a.

Porches and Decks. Porches and decks may be permitted to encroach into front and rear setbacks per the following standards:

i.

Front setback encroachments may be permitted to a maximum of three (3) feet.

ii.

Rear setback encroachments (deck, patio) may be permitted to a maximum of five (5) feet. Second-story balconies on single-family homes are not permitted.

iii.

Any encroachment shall be limited to fifty percent (50%) of the required setback area.

iv.

Deck level in any required setback area may not exceed thirty (30) inches above surrounding grade.

b.

Front Setback Pavement. Pavement in the front setback shall be limited to driveways, walkways, steps, and terraces; these paving features shall not occupy more than fifty percent (50%) of the required front setback area. If these features are placed directly upon grade, they shall not be required to meet setbacks subject to Building Division approval. See Chapter 20.340 (Off-Street Parking and Loading) for driveway limitations.

c.

Pools and Hot Tubs. Pools and hot tubs may be permitted to encroach into side and rear setbacks per the following standards:

i.

Minimum setback from any side or rear property line shall be five (5) feet to any portion or feature of the pool or hot tub.

ii.

Minimum setback from any side or rear property line shall be four (4) feet to any equipment; equipment shall be screened from public view.

iii.

Height of all features and equipment of the pool or hot tub shall be limited to three (3) feet or less above the finished grade of the lot.

d.

Recreational Facilities in the R-3 Zones: Buildings/structures that abut a plaza, private park area, lake, paseo, greenbelt, or other permanent open space shall be permitted to abut a common property line, and may have pedestrian openings onto such spaces in accordance with current Building and Fire Codes.

2.

Commercial Zone Permitted Projections. All buildings and structures within Commercial (C, NC, OP, SR) Zones shall conform to setbacks established by Table 20.220-3, except where modified per the standards of Table 20.300-1 (Permitted Encroachments by Zone).

3.

Mixed Use Zone Permitted Projections. All buildings and structures within Mixed Use (MU-1, MU-2, MU3(SP), MU-4(SP)) Zones shall conform to setbacks established by the applicable development standard table (Tables 20.225-1, 20.225-2, 20.225-3, 20.225-4 except where modified per the standards of Table 20.300-1 (Permitted Encroachments by Zone).

4.

Industrial Zone Permitted Projection s. All buildings and structures within Industrial Zones shall conform to setbacks established by Table 20.230-3, except where modified per the standards of Table 20.300-1 (Permitted Encroachments by Zone).

Table 20.300-1

Permitted Encroachments by Zone

(Ord. No. 2021-1510, § 5(Exh. 4), 12-14-2021; Ord. No. 2021-1511, § 5(Exh. 4), 1-11-2022; Ord. No. 20211512, § 2(Exh. B), 1-11-2022)

Section 20.300.030 - Lot Averaging

A.

Applicability. Lot averaging may be permitted for the following proposed residential projects, subject to a CUP and the standards of this section:

1.

Single-family residential development of five (5) or more units.

2.

Any single lot development in the R-1-20, R-10, or A Zone. Lot averaging may be allowed per the following standards and subject to a CUP.

B.

Minimum Lot Requirements. Minimum lot/parcel sizes shall not be less than the standards established by the development standard table of the applicable Zone (Tables 20.210-3 or 20.215-3) except where modified below.

In the R and A Zones, all lots shall meet the minimum lot size requirement of the Zone, except as follows:

a.

Where land in an R-1-20, R-1-10, or R-1-7.5 Zone is subdivided into five (5) or more lots, a Conditional Use Permit may be granted to authorize a reduction in the minimum lot size required, provided that the subdivided property complies with all conditions that may be imposed by such Conditional Use Permit and that no lot has an area less than three-quarters percent (0.75%) of the minimum lot area required by the applicable Zone. In the R-1-7.5 Zone, no lot shall have a net area less than 6,000 square feet.

2.

Density shall not exceed the maximum density permitted within the Zone.

3.

The total area of all lots in the subdivision shall be equal to or greater than the product of the lots in the subdivision multiplied by the minimum lot area required by the Zone of the property being subdivided.

4.

The slope averaging shall reduce the amount of required grading, thereby leaving more natural ungraded slopes in the project area.

Section 20.300.040 - Gross Slope/Acreage Analysis

In the A and R-1 Zones where the slopes may vary from relatively easy (moderate) slopes to excessive slopes, a gross acreage analysis shall be completed by the property owner or the subdivider to determine the minimum lot/parcel size by gross acreage and slope based on the following calculation standards:

1.

For all R-1 and R-2 Zones, compute the required size and density of each lot based on the standards of Table 20.300-2.

2.

For all A Zones, compute the required size and density of each lot based on the standards of Section 20.210.050 (Agricultural Zone Development Standards) and Table 20.210-3.

3.

Verify that the density for each lot is not less than one (1) dwelling unit.

4.

Determine that the size of each lot as proposed is not less than the minimum permitted by the Zone.

Table 20.300-2

Gross Slope Acreage Analysis Standards

All standards are minimums unless otherwise noted.

Section 20.300.050 - Development Regulations Applicable to All Zones

A.

Maximum Building Height. Except as provided in this chapter, no building or structure shall be erected, reconstructed, or structurally altered to exceed the height limit established by this Zoning Ordinance for the applicable Zone, except as modified below. See Figure 20.300-2 for a height measurement example.

1.

Architectural features such as chimneys, elevators, dormer windows, and tanks shall be measured from the finished grade to the top of the feature, not to exceed the maximum height established by the applicable Zone.

2.

Additional Story Permitted. An additional story on the downside of any building shall be permitted for lots with an average slope greater than a one to seven (1:7) ratio (rise to run), or where no established grade exists at the property line due to the slope location of the lot. The additional story and overall design of the building shall be subject to Chapter 20.260 (Ridgeline Protection and Management Overlay Zone).

Figure 20.300-2

Measuring building height and permitted additional story.

==> picture [409 x 145] intentionally omitted <==

B.

Setback Areas.

1.

Required setbacks and open space shall apply only to the individual parcel, building, or development; setbacks established for a lot shall not be applicable to adjacent parcels.

2.

Except as modified in this chapter, every required setback shall be open and unobstructed from the ground to the sky.

3.

Actions, including building modification, lot division, or lot reduction, resulting in any required setback or open space to be less than that required by this Zoning Ordinance are prohibited.

C.

Standard Setbacks. All applicable setbacks shall be measured from the recorded property line, except in the following conditions (see Figure 20.300-3):

1.

Where property lines exist at the center of the street/public ROW, the front setback shall be measured from the outer edge of the dedicated ROW or edge of the future planned ROW extension. The Planning Commission, upon request, shall determine the required maximum ROW width.

2.

In all cases where a lot is located next to an existing or planned street, alley, or public ROW, all applicable setbacks shall be measured from the immediately adjacent edge of the ROW.

3.

Figure 20.300-3 Measuring Standard Setbacks

For lots located on a dead-end street or a partially dedicated ROW (half street) where no extension or full dedication is planned, applicable setbacks shall be measured from the edge of the existing ROW at the time of lot development or modification.

4.

Where plans exist to vacate the ROW, the center line of the completed ROW width shall be used as the line from where to measure required setbacks.

For lots abutting private road or access easements, the setback requirement shall be measured from the easement line, or where the building envelope would overlap the recorded easement the building may be located a minimum of 2 feet from the closest edge of the easement unless otherwise specified by the recorded easement.

==> picture [192 x 300] intentionally omitted <==

6.

Setbacks for irregularly shaped lots shall be measured consistent with Figure 20.300-1. In all cases, the front setback shall be measured from the property line which borders on the street/ROW. Setbacks for irregular lot configurations not identified in Figure 20.300-4 shall be measured based on the closest relevant interpretation as deemed appropriate by the Director.

D.

Maximum Setbacks. Where required front setbacks of this Zoning Ordinance conflict, the larger setback requirement shall prevail, except as further modified by an adopted Planned Residential Development or Specific Plan, which shall prevail.

E.

Special Rear Yard Conditions. Within all Residential and Agricultural Zones, the required rear setback may be reduced by fifty percent (50%) where the residential use property rear property line is shared with a public park or designated open space.

F.

Non-Standard Lot Setback Requirements. Setback for lots of unusual shape or dimension or primarily characterized by topography that renders literal application of required setbacks impractical shall measure required setbacks in a practical manner that is appropriate to the context of the lot, at the discretion of the Director and appealable to the Planning Commission.

Section 20.300.060 - Special Setbacks for General Plan Routes

The following setback shall apply to all Zones and land uses, taking precedent over the established requirements of the applicable Zone chapter where these parcels are adjacent to the identified ROW. Setback requirements of Table 20.300-3 establish overriding setbacks for the specified ROWs from all specified Zones adjacent to the identified ROW.

Table 20.300-3

Special Setback Requirements

PL = property line; R = Residential; A = Agricultural

Section 20.300.070 - Performance Standards

A.

Hazardous Materials and Waste. The U.S. Environmental Protection Agency (EPA), the California Department of Health Services (DHS), the California Department of Toxic Substances Control (DTSC), and the County of San Diego identify hazardous materials and prescribe handling, use, and disposal practices. Pursuant to the provision of California Health and Safety Code Section 25135.7(c)(3), this section authorizes EPA, California EPA, and the County of San Diego Hazardous Materials Division to enforce federal and state laws regarding the handling, transportation, and disposal of hazardous materials within the jurisdiction of the City, and, specifically, to implement the following:

•

The provision of Article 3.5 of Chapter 6.5 of Division 20 of the California Health and Safety Code relating to Hazardous Waste Management Plans within the City.

•

The provisions of the San Diego County Hazardous Waste Management Plan within the City.

1.

To protect the health and welfare of the residents and business community of San Marcos, the use, storage, manufacturing, and disposal of hazardous materials shall be regulated and monitored according to the standards established by these federal, state, and local agencies.

2.

A risk management and prevention program, together with an inventory statement that is in accordance with federal, state, and local laws, shall be prepared for all structures and land uses using materials identified as hazardous by federal, state, and local agencies, as applicable.

3.

Figure 20.300-4 Line of Sight per the City Engineer

The use and storage of flammable or explosive materials shall comply with the fire prevention code of the City and all applicable ordinances. No open burning is permitted unless a written permit for such activity has been issued by the local Air Quality Management District.

==> picture [276 x 170] intentionally omitted <==

4.

No liquid or solid waste or similar material that may contaminate water supplies, interfere with bacterial processes in sewage treatment, or otherwise cause the emissions of dangerous or offensive

elements shall be discharged into the public sewer or private disposal system, except in accordance with the requirements of the City's Public Works Code and other applicable regulations.

5.

No activity that emits dangerous levels of radioactivity shall be permitted at any time.

6.

The approving authority for any permit or other land use approval, including, without limitation, building permits, for a hazardous waste facility, shall ensure compliance with federal and state requirements and local zoning standards, and may impose any appropriate conditions, as follows:

a.

Determined reasonably necessary to comply with the San Diego County Hazardous Waste Management Plan.

b.

For the issuance of such permit or approval, which the approving authority determines are reasonably necessary to protect the public health, safety, or welfare.

c.

Nothing in this section shall be construed to preclude an approving authority from denying an application, permit, or other land use approval for which the approving authority finds is contrary to the public health, safety, or welfare.

B.

Colors and Materials. Colors and materials of all building elements approved during permitting or Site Development Plan Review shall be maintained. The entire project shall be subject to repeat review if approved colors and/or materials are modified.

C.

Line of Sight. Development and structures in all Zones shall maintain the line-of-sight triangle as established by the City Engineer. Line-of-sight geometry shall be shown on applicable plans during permit and review and shall comply with the Sight Distance Minimum Standards, established by the Engineering Division (see Figure 20.300-4).

D.

Electrical Disturbances. No activity shall be permitted if it causes electrical disturbance that affects the operation of equipment located beyond the property line. Radio, television, and microwave transmitters shall be suitably wired, shielded, and controlled so that they do not emit electrical waves or impulses that may affect other electronic devices or equipment.

E.

Noise. These regulations aim to prohibit unnecessary, excessive, and annoying noises from all sources, as certain noise levels are detrimental to the health and welfare of individuals. The standards of this section and of Chapter 10.24 Noise of the Municipal Code apply to all land uses in all Zones unless otherwise specified.

(Ord. No. 2017-1446, 7-25-2017)

1.

Noise shall be measured with a sound-level meter that meets the standards of the American National Standards Institute (ANSI) (Section S1.4-1979, Type 1 or Type 2). Noise levels shall be measured in decibels at the property line of the receptor property, and at least five (5) feet above the ground and ten (10) feet from the nearest structure or wall. The unit of measure shall be designated as an A-weighted decibel (dBA) Leq standard. A calibration check shall be made of the instrument at the time any noise measurement is made.

(Ord. No. 2017-1446, 7-25-2017)

2.

No person shall create or allow the creation of exterior noise that causes the noise level to exceed the noise standards established by Table 20.300-4. Increases in allowable noise levels listed in Table 20.300-4 may be permitted in accordance with the standards outlined in Table 20.300-5.

Table 20.300-4 Exterior Noise Standards by Zone

Notes:

1. For single-family detached dwelling units, the "exterior noise level" is defined as the noise level measured at an outdoor living area which adjoins and is on the same lot as the dwelling, and which contains at least the following minimum net lot area: (i) for lots less than 4,000 square feet in area, the exterior area shall include 400 square feet, (ii) for lots between 4,000 square feet to 10 acres in area, the exterior area shall include 10 percent of the lot area; (iii) for lots over 10 acres in area, the exterior area shall include 1 acre. 2. For all other residential land uses, "exterior noise level" is defined as noise measured at exterior areas which are provided for private or group usable open space purposes. "Private Usable Open Space" is defined as usable open space intended for use of occupants of one dwelling unit, normally including yards, decks, and balconies. When the noise limit for Private Usable Open Space cannot be met, then a Group Usable Open Space that meets the exterior noise level standard shall be provided. "Group Usable Open Space" is defined as usable open space intended for common use by occupants of a development, either privately owned and maintained or dedicated to a public agency, normally including swimming pools, recreation courts, patios, open landscaped areas, and greenbelts with pedestrian walkways and equestrian and bicycle trails, but not including off-street parking and loading areas or driveways. 3. For non-residential noise sensitive land uses, exterior noise level is defined as noise measured at the exterior area provided for public use.

(Ord. No. 2017-1446, 7-25-2017)

3.

No person shall create nor allow the creation of noise that causes the interior noise level when measured within a dwelling unit to exceed forty-five (45) dBA at any time, except as permitted by Table 20.300-6.

4.

Use of compressors or other equipment, including vents, ducts, and conduits, but excluding window or wall-mounted air conditioners, that are located outside of the exterior walls of any building, shall be enclosed within a permanent, non-combustible, view-obscuring enclosure to ensure that the equipment does not emit noise in excess of the ANSI standards.

Table 20.300-5

Permitted Increase in Noise Levels

Table 20.300-6 Permitted Increase in Interior Noise Levels

F.

Vibration. Vibration may disturb the conduct of certain activities and create discomfort for some individuals. To minimize the disturbance and inconvenience from vibrations, no person or use shall create, maintain, or cause ground vibration that is discernible without instruments to a person of normal sensitivity at any point on a property that is adjacent to the property of the vibration source. The ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempted.

G.

Odor. Any process that creates or emits odors, gases, or other odorous matter shall comply with standards set by the San Diego Air Pollution Control District.

1.

No use shall be permitted to emit continuous, frequent, or repetitive odorous gases such as to be perceptible at any lot line of the site. An odor emitted no more than fifteen (15) minutes in any one (1) day shall not be deemed as continuous, frequent, or repetitive.

Lighting for safety purposes shall be provided at entryways, along walkways, between buildings, and within parking areas. Lighting is important to the visibility, identity, and safety of all developments. The following standards are intended to minimize glare, conflict, and light pollution and to provide performance standards to promote the visibility and safety of all premises in the community.

General Standards. The following general lighting standards shall apply to all non-residential development:

a.

All lighting shall comply with the City's lighting standards.

b.

Any lights used in conjunction with a permitted use shall be shielded or directed away from adjacent residential uses.

c.

All exterior and parking lot lighting fixtures shall be approved by the City. Use of the lowest wattage and highest energy efficiency available is required.

d.

Shielded fixtures with well defined cut-offs directing light downward toward ground surfaces shall be used to confine illumination to on-site areas only. Landscape and signage lighting shall be exempt from this standard.

e.

Lighting directed upward that does not light buildings, landscape, or site surfaces is prohibited in all Zones.

f.

Flood lighting is prohibited.

g.

Light producing varying intensities or colors, moving lights, or search lights are prohibited in all Zones. Holiday lighting appropriate to the season and consistent with Chapter 20.320 (Signs on Private Property) of this Zoning Ordinance are exempt.

h.

Security lighting shall use high-efficiency fixtures and lamps and shall be located in entries, pathways, and parking areas.

i.

Wall-mounted security light packages shall be used.

j.

Accent lighting shall be integrated into building design. Lighting fixtures in parking areas, access drives, and internal vehicular circulation areas shall have zero (0) cut-off. Parking lot illumination level shall achieve a uniformity rating of three to one (3:1) (average to minimum), a maintained average of one (1) foot candle, and a minimum of one-half (0.5) foot candle.

k.

Property perimeter lighting not affiliated with the lighting of parking lots shall not exceed one-half (0.5) foot candle at any point along the property line of the subject or adjacent parcel.

i.

Fixtures shall be pole mounted a maximum of twenty-five (25) feet above paved surfaces.

l.

Service area lighting shall be contained in any service yard boundaries and enclosure walls. No light spillover shall occur outside of service areas, and the light shall not be visible from any street.

m.

Parking garages shall achieve a uniformity of three (3) foot candles minimum maintained within the structure. Perimeter lighting shall be shielded and consistent with subsection k, above.

n.

Lighting fixtures in parking areas, access drives, and internal vehicular circulation areas shall be directed and shielded so as not to illuminate surrounding properties and shall comply with the standards of this Section 20.300.080, as verified through a photometric study.

o.

Lighting levels shall emphasize the walking areas so as to clearly identify the pedestrian walkway and direction of travel. Stairway steps and changes of vertical level shall be clearly identified and safely lit.

i.

Bollard lighting shall be used in and around pedestrian and entry areas.

ii.

A maximum of twelve (12)-foot height shall be used for any pedestrian lighting; a maximum of forty-two (42) inches in height shall be used for bollard lighting.

p.

Lighting fixtures placed on a building shall be architecturally integrated as part of the overall design of the building.

2.

Prohibited Lighting.

a.

Light producing varying intensities or colors, moving lights, and search lights are prohibited in all Zones. Holiday lighting appropriate to the season and consistent with Chapter 20.320 (Signs on Private Property) of this Zoning Ordinance is exempt.

b.

Flood lighting is prohibited.

3.

Light Poles. Notwithstanding other provisions of this Zoning Ordinance, in the C, O-P, SR, all MU, I, and I-2 Zones, lights on poles may be placed within the established setback, upon the following conditions:

a.

Lights shall be used for illumination only, and not for or used as an advertising display.

b.

Lights shall be at least thirteen and one-half (13.5) feet above the ground.

c.

Light fixtures shall be so designed and adjusted as to reflect light away from any road or street, and away from any adjoining premises on which a dwelling is located or that is zoned for a use other than business or industrial.

d.

Lights shall be on a single pole that does not exceed fourteen (14) inches in diameter.

e.

Such poles shall be at least fifty (50) feet apart; however, two (2) poles may be located on each building site.

f.

Poles and lights shall be removed at the owner's expense when property on which they are located is taken for street widening.

4.

Multifamily Development On-Site Lighting. On-site lighting is important to the safety and security of the multifamily residential environment. Projects that provide adequate on-site lighting reinforce the quality of life and sense of community. Multifamily residential projects shall provide lighting in accordance with this chapter (Chapter 20.300), except as modified by the following standards:

a.

Lighting in parking areas, garage areas, and carport areas shall be maintained with a minimum of one (1) foot candle of illumination during the hours of darkness.

b.

On-site walkway areas shall maintain a minimum illumination level equivalent to one-quarter (0.25) foot candle during the hours of darkness.

c.

Methods of illumination may be wall- or ground-mounted with deflectors to confine the rays to the site with minimal intrusion to the dwelling units.

d.

A lighting plan shall be submitted to the Director during the development review process. This plan shall show illumination levels and points of intersection between fixtures, as well as use of energy-efficient exterior lighting in compliance with City standards.

CHAPTER 20.305 - DENSITY BONUS

Section 20.305.010 - Purpose of Chapter

This chapter is intended to provide incentives for the production of housing for very low, low and moderate income households, senior citizen households, transitional foster youth, disabled veterans, homeless persons, and lower income students in accordance with the State's density bonus laws (Sections 65915 through 65918 of the California Government Code). In enacting this chapter, it is the intent of the City to encourage and facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's Housing Element.

The regulations and procedures set forth in this chapter shall apply throughout the City. Sections of the California Government Code referenced in this chapter, and application forms for complying with this chapter, shall be available to the public.

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022)

Section 20.305.020 - Applicability

This chapter applies when an applicant seeks a density bonus for a housing development within the City or for the donation of land for housing within the City. The City shall provide the applicant with incentives or concessions for the production of housing units and child care facilities as prescribed in Government Code Section 65915. The granting of the density bonus shall not be interpreted to require a General Plan amendment, Zone change, or other discretionary approval.

A.

Terms. The following definitions apply for terms used throughout this chapter:

Density Bonus. A density increase over the otherwise maximum allowable gross residential density as of the date of submission of the density bonus application to the City, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Government Code Section 65915.

2.

Density Bonus Housing Agreement. A legally binding agreement between the developer and the City to ensure that the requirements of this chapter are satisfied.

3.

Density Bonus Unit. An additional residential unit granted according to the provisions of this chapter that exceeds the otherwise maximum residential density of a development site.

4.

Housing Development. A development project for five or more residential units, including mixed use developments. For purposes of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.

5.

Target Unit. A unit designated to be occupied by a household meeting certain eligibility standards defined by the City.

Section 20.305.030 - State Density Bonuses

A.

Incentive Grant. The City shall grant a density bonus after review by the City Council, as set forth in Section 20.305.080 (Density Bonus Housing Agreement) to:

1.

Housing Development. An applicant or developer of a housing development who seeks and agrees to construct a housing development in compliance with the standards set forth in Government Code Section 65915, as amended from time to time;

2.

Donation of Land. An applicant for a tentative subdivision map, parcel map or other residential development approval who donates land to the City in accordance with the standards set forth in Government Code Section 65915, as amended from time to time;

3.

Child Care Facility. An applicant or developer of a housing development who proposes to construct a child care facility located on the premises of, as part of, or adjacent to, the housing development in accordance with the standards set forth in Government Code Section 65915, as amended from time to time;

4.

Condominium Conversions. An applicant or developer of a housing development who proposes to covert apartments to a condominium project in accordance with the standards set forth in Government Code Section 65915.5, as amended from time to time; and/or

5.

If requested by the applicant or developer of a housing development, and consistent with the applicable requirements of this chapter and Government Code Section 65915, the City may also grant any of the additional incentives listed in Section 20.305.060.

B.

Calculation. In determining the minimum number of density bonus units to be granted pursuant to this section, the maximum residential density for the site shall be increased as defined in Government Code Sections 65915(f) and (g). When calculating the number of permitted density bonus units, any fraction of units shall be rounded to the next larger integer.

1.

The density bonus units shall not be included when determining the total number of target units in the housing development. When calculating the required number of target units, any resulting decimal fraction shall be rounded to the next larger integer.

2.

In cases where a density increase less than what is provided for in Government Code Section 65915 is requested, no reduction shall be allowed in the number of target units required.

3.

An applicant who requests a density bonus pursuant to Government Code Section 65915 shall elect on what basis the bonus shall be awarded.

4.

The maximum combined mandated density increase shall be fifty (50) percent.

C.

Limited Action. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zone change, or other discretionary approval.

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022)

Section 20.305.040 - Affordability and Occupancy Standards

A.

Documentation. The City Council, by resolution, shall approve standard documents to ensure the continued affordability of target units consistent with Government Code Section 65915 and this section. The documents may include regulatory agreements, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents that shall be recorded against all target units. Affordability documents for target units offered for sale may also include subordinate shared appreciation documents permitting the City to recapture at resale the difference between the fair market rate price of the target unit at the time of sale, and the affordable price to the initial occupants at the time of the initial sale, plus the City's proportionate share of appreciation realized from an unrestricted sale in such amounts as deemed necessary by the City to replace the target units.

B.

Rental Affordability Tenure. Target units offered for rent to low or very-low income households shall be made available for rent consistent with Government Code Section 65915, and shall remain restricted and affordable to the designated income group for fifty-five (55) years or more. A term of affordability longer

than fifty-five (55) years may be required if the residential development receives a subsidy of any type, including a loan, grant, construction or mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability, or as prescribed in any guidelines adopted by the City for the Density Bonus Program. Rents for the lower income target units shall be set at an affordable rent, as that term is defined in Section 50053 of the California Health and Safety Code.

C.

Ownership Affordability Tenure.

1.

Target units offered for sale to low, very-low or moderate income households shall be sold at an affordable cost to the initial occupants of the target units. At resale, the City shall enforce an equity-sharing agreement in accordance with Government Code Section 65915, unless such an agreement is in conflict with the requirements of another public funding source or law.

2.

For all other target units offered for sale other than to low, very-low or moderate income households, any subordinate shared appreciation documents shall continue for a term of fifty-five (55) years or more. If resale restrictions are used in lieu of shared appreciation documents, any resale restriction shall continue for a term of fifty-five (55) years or more. A term of affordability longer than fifty-five (55) years may be required if the residential development receives a subsidy of any type, including a loan, grant, construction or mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability.

D.

Principal Residence. Any household that occupies a target unit must occupy that dwelling unit as its principal residence.

E.

Occupancy Requirements. No household may begin occupancy of a target unit until the household has been determined by the City or its designee to be eligible to occupy that dwelling unit, including, but not limited to, that the initial occupant of the target unit is a person or family of very low, low or moderate income, as required. The City Council, by resolution, shall establish guidelines for determining household income, maximum occupancy standards, affordable ownership cost, affordable rent, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.

F.

Eligibility Restrictions.

1.

Any person who is a member of the City Council, the Planning Commission, and their immediate family members, and any person having any equity interest in the residential development, including a developer, partner, investor, or applicant and their immediate family members, is ineligible to rent, lease, occupy, or purchase a target unit. The City Council, by resolution, may establish guidelines for determination of "immediate family members."

2.

An applicant shall be ineligible for a density bonus or other incentives or concessions according to the standards set forth in Government Code Section 65915 if: (i) the housing development is proposed on any property that includes a parcel on which rental dwelling units are located, or if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of low or very low income; (ii) subject to any other form of rent or price control through the City's valid exercise of its police power; or (iii) occupied by lower or very low income households, unless the proposed housing development replaces those units and either the proposed housing development, inclusive of the units replaced, contains affordable units at the percentages set forth in Government Code Section 65915, or each unit in the development, exclusive of the manager's unit, is affordable to and occupied by either a low or very low income household.

Section 20.305.050 - Requirements

A.

Inclusionary Housing. All residential projects, including density bonus projects, are subject to and must satisfy the requirements of any inclusionary housing policies or ordinances of the City.

B.

Design. All units within a density bonus project, including the density bonus units and the target units, must comply with all applicable building and housing codes. The design of the target units shall be consistent

and compatible with the design of the total project development in terms of size, appearance, materials, and finished quality.

C.

Agreement Conditions. A density bonus housing agreement shall be a condition of all housing developments pursuant to this chapter. The relevant terms and conditions of the density bonus housing agreement shall be filed and recorded as a deed restriction on those individual lots or units of a project development that are designated for the location of the target units.

D.

Construction. Target units shall be constructed concurrent with market-rate units unless both the final decision-making authority of the City and the developer/applicant agree within the density bonus housing agreement to an alternative schedule for development.

E.

On-Site Requirement. Target units and density bonus units shall be built on-site, except as expressly permitted by this chapter or Government Code Section 65915 or subject to the discretion of the City, and, whenever reasonably possible, distributed throughout the project site.

F.

Housing Options. The target units created shall provide a range of housing options to specifically address the affordable housing needs and priorities of the residents of the City. This includes such factors as housing configuration (condominiums, townhouses, apartments, single-family occupancy, etc.); number of bedrooms; and certain amenities specific to the housing type such as facilities for older adults, students, and families.

G.

Affordability Tenure. Target units shall remain restricted and affordable, as determined pursuant to Sections 20.305.040.B and C.

An applicant or housing developer seeking a density bonus pursuant to this chapter may submit a proposal to the City for any of the following: (i) specific concessions or incentives; (ii) waivers or reductions of development standards; and/or (iii) parking ratios. The applicant or housing developer requesting the additional incentives may also request a meeting with the City to discuss such additional incentives.

A.

Concessions or Incentives. An applicant may submit a proposal to the City for specific incentives or concessions that the applicant or housing developer requests. The number of concessions or incentives granted by the City shall be restricted in compliance with the standards set forth in Government Code Section 65915, as amended from time to time. The City shall grant the requested concession(s) or incentive(s), unless the City makes a written finding, based upon substantial evidence, of any finding

included in this subsection or Government Code Section 65915. The City shall bear the burden of proof for the denial of any requested concession or incentive.

1.

The concession or incentive does not result in identifiable and actual cost reductions to provide affordable housing costs, or for rents for the target units; or

2.

The concession or incentive would have a specific, adverse impact upon the public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources, and for which there is no feasible method to mitigate or avoid the adverse impact without rendering the development unaffordable; or

3.

The concession or incentive would be contrary to State or Federal law.

B.

Waiver of Reduction of Development Standards. An applicant may submit a proposal to the City for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a housing development. A proposal for such a waiver or reduction of development standards shall not reduce or increase the number of concessions or incentives to which the City determines the applicant is entitled. The City shall grant the requested waiver or reduction of development standards, unless the City makes a written finding, based upon substantial evidence, of any finding included in this subsection or Government Code Section 65915. The City shall bear the burden of proof for the denial of any requested waiver or reduction of development standards.

1.

The waiver or reduction of development standards would have a specific, adverse impact upon the public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources, and for which there is no feasible method to mitigate or avoid the adverse impact without rendering the development unaffordable; or

2.

The waiver or reduction of development standards would be contrary to State or Federal law.

C.

Parking. An applicant may submit a request to the City to limit and/or exempt the vehicular parking ratio of a housing development, inclusive of handicapped and guest parking, to the ratios listed under this subsection or any other ratio permitted under Government Code Section 65915, as amended from time to time. A request for limited parking ratios shall not reduce or increase the number of concessions or incentives to which the City determines the applicant is entitled.

Zero to one bedroom: one (1) on-site parking space;

2.

Two to three bedrooms: one and one-half (1.5) on-site parking spaces;

3.

Four and more bedrooms: two and one-half (2.5) parking spaces;

4.

Transit Stop. An applicant may submit a request to the City to limit and/or exempt the vehicular parking ratio of a housing development, inclusive of handicapped and guest parking, if the housing development is located within one-half mile of a major transit stop in accordance with the standards under Government Code Section 65915.

(Ord. No. 2022-1527, § 2(Exh. A), 10-25-2022)

Section 20.305.070 - Density Bonus Application

A.

Required Items. The City shall provide a list of all documents and information required to be submitted with the density bonus application for the application to be deemed complete.

B.

Timeline for Review and Notification to Applicant of Completion. The City shall process a density bonus application within thirty (30) days after receiving the application, and shall notify the applicant in writing whether or not the application is deemed complete in a manner consistent with Government Code Section 65943. If additional time is required for the City to review a density bonus application, the City shall inform the applicant in writing of the reason for the additional time necessary to review the application.

Section 20.305.080 - Density Bonus Housing Agreement

A.

Agreement Required. Applicants/developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the City. The terms of the draft agreement shall be reviewed and revised, as appropriate, by the Director, and approved by the City Manager.

B.

Recordation. Following execution of the agreement by all parties, the completed density bonus housing agreement, or memorandum thereof, shall be recorded and the conditions recorded as a deed restriction on the parcel(s) or unit(s) designated for the location of target units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building

permits for such parcels or units. The density bonus housing agreement shall be binding to all future owners and successors in interest.

C.

Required Items. In addition to the density bonus application required under Section 20.305.070, the density bonus housing agreement shall include the following:

1.

The total number of units approved for the housing development, including the number of target units and density bonus units.

2

A description of the household income group to be accommodated by the housing development, as outlined in Section 20.305.030 (State Density Bonuses and Concessions), and the standards for determining the corresponding affordable rent or affordable sales price and housing cost.

3.

The household/unit size assumptions used for the purpose of calculating housing costs, which shall be as follows (unless an adjustment is agreed to by the City, or the applicable state or federal funding source has different requirements):

a.

One (1)-bedroom units shall be based on the median income for a household of two (2)

b.

Two (2)-bedroom units shall be based on the median income for a household of three (3)

c.

Three (3)-bedroom units shall be based on the median income for a household of four (4)

d.

Four (4)-bedroom units shall be based on the median income for a household of five (5)

4.

The location, unit size (square feet), and number of bedrooms of target units.

5.

Tenure of restrictions for target units of at least fifty-five (55) years, in accordance with Section 20.305.050 (Requirements).

A schedule for completion and occupancy of target units.

7.

A description of the additional incentive(s), equivalent financial incentives, or direct financial assistance being provided by the City.

8.

A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement).

9.

For for-sale units, conditions governing the initial sale and resale of for-sale target units to eligible very-lowor low-income households or qualifying residents to ensure continued compliance with the restrictions of this chapter.

10.

For for-sale units, a condition requiring disclosure by the developer to the buyer of for-sale target units of the existence of the deed restrictions affecting the re-sale of the property.

11.

For rental units, conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units as rental target units.

12.

For rental units, a method to annually monitor rental target units to ensure continued compliance with the restrictions of this chapter that identifies the number of bedrooms and monthly rent or cost of each target unit, the income of each person occupying said unit for the prior year, vacancy information for each target unit for the prior year, and any other information as required by the City.

13.

A provision allowing the City or its designee the first right of refusal to buy the rental or for-sale target unit(s) for the purposes of providing affordable housing.

14.

Other provisions needed to ensure implementation and compliance with this chapter and Sections 65915 through 65918 of the California Government Code.

D.

Review. For purposes of this chapter, the City shall act by and through the City Council or its designee, the City Manager.

Section 20.305.090 - Commercial Development Bonus

A.

Incentive Grant. The City shall grant a development bonus to a commercial developer that enters into an agreement for partnered housing with a housing developer to contribute affordable housing through a joint project or two separate projects encompassing affordable housing.

B.

Agreement for Partnered Housing. The agreement for partnered housing shall be between the commercial developer and the housing developer, and shall identify how the commercial developer will contribute affordable housing. The City must approve any such agreement for partnered housing.

C.

Construction. Housing may be constructed on the site of the commercial development or on a site specified under Government Code Section 65915.7, as amended from time to time.

D.

Housing Density Bonus and Additional Incentives. A development bonus granted to a commercial developer shall not impact a housing developer's ability to receive a density bonus or other additional incentives from the City under this chapter.

E.

City Council Review. Any commercial development bonus project shall be reviewed by the City Council.

F.

Sunset Provision. This section shall remain in effect until January 1, 2022, and as of that date, is repealed, or until such time as the State repeals Government Code Section 65915.7.

Section 20.305.100 - Processing Fee

A.

The City Council, by resolution, may establish fees for projects requesting density bonuses, additional incentives under Section 20.305.060 of this Chapter, and/or commercial development bonuses, and for the ongoing administration and monitoring of the target units and child care facilities. Any such fees shall be subject to the provisions of the regulatory agreement between the parties.

B.

A developer and/or subsequent owner of a target unit(s) shall be required to pay such fees as may be established by resolution of the City Council to recover the cost to the City of administration of the provisions of this chapter.

Section 20.305.110 - Enforcement

The regulations of this chapter, including the terms of any density bonus housing agreement or documents prepared to administer the affordability and eligibility requirements per Section 20.305.040 (Affordability and Occupancy Standards), shall be enforced according to the provisions in Chapter 20.550 (Enforcement and Penalty) of this Zoning Ordinance.

A.

An applicant may submit a request to appeal a decision of the Director to deny an application for a density bonus, incentive or concession submitted under this Chapter. A written appeal shall be filed with the Director, together with the payment of any required fee, within ten (10) days of the decision. The appeal request shall contain the reasons for the appeal and the grounds upon which the appeal is based. The Planning Commission shall hold a hearing on the appeal after giving notice thereof to the appellant in the manner prescribed in Chapter 20.505 (Noticing and Public Hearings) of this Zoning Ordinance. The Planning Commission shall consider the appeal and shall either affirm the decision of the Director or render its decision de novo on the appeal. The decision of the Planning Commission in the case of any such appeal shall be the final determination of the City.

B.

Any other denials issued by the Director or Planning Commission relating to the overall project approval shall be subject to the appeal provisions under Chapter 20.545 (Appeals and Revocation) of this Zoning Ordinance.

C.

An applicant may also elect to initiate judicial proceedings to contest the City's denial of an application for a density bonus, incentive or concession, as authorized under Government Code Section 65915.

Section 20.305.130 - Severability

If any provision of this chapter or the application thereof is held to be invalid, the remainder of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.

(Ord. 2017-1445, 7/11/2017 - Amended)

CHAPTER 20.310 - INCLUSIONARY HOUSING

Section 20.310.010 - Purpose and Intent

It is the intent of this chapter to establish requirements for the inclusion of affordable housing units for low-, very-low-, extremely-low-, and moderate-income households in residential projects that require development plans.

Section 20.310.020 - Applicability, Definitions

The provisions of this chapter shall apply to all residential projects of one (1) or more units, including rental and for-sale market-rate dwelling units, condominium or cooperative conversions, and time extensions of development plan approvals for previously approved residential projects.

The provisions of this chapter shall also apply to density bonus units provided pursuant to the Density Bonus Ordinance adopted as required by section 65915 of the Government Code. Developers are entitled to density bonuses and/or other incentives provided pursuant to the Density Bonus Ordinance adopted as required by Section 65915 of the Government Code. The provisions of this chapter, however, must still be met for density bonus projects.

Please refer to Chapter 20.600 (Definitions) for definitions that apply throughout this Zoning Ordinance.

(Ord. No. 2024-1550, § 2(Exh. B), 9-10-2024)

Section 20.310.030 - Exemptions

This chapter shall not apply to the following, except at the discretion of the City:

A.

Any project developed pursuant to the terms of an existing development agreement entered into pursuant to Government Code Section 65964 et seq. before the effective date of this Zoning Ordinance. Inclusionary requirements, if any, shall be as set forth in such development agreement.

B.

Non-residential uses, except in the case of single-room-occupancy hotels.

C.

The construction of a new residential structure that replaces a residential structure that was destroyed or demolished within two (2) years prior to the application for a building permit, provided that the number of residential units is not increased.

D.

Accessory dwelling units developed in accordance with Chapter 20.410 (Accessory Dwelling Units and Accessory Structures).

(Ord. 2017-1445, 7/11/2017; Ord. No. 2024-1550, § 2(Exh. B), 9-10-2024)

Section 20.310.040 - Inclusionary Requirements

A.

Requirements for For-Sale Single-Family Units:

1.

Inclusionary requirement. No development plan for a for-sale single-family residential project of one (1) or more units subject to this chapter (including time extensions) shall be approved unless an in-lieu fee is paid

to provide housing opportunities for target households in the City in accordance with Section 20.310.050 (In-Lieu Fee). Alternatively, the requirements of this chapter may be satisfied on- or off-site through the reservation of new units or existing market-rate units for target households, as described in Section 20.310.060 (Options for Providing Inclusionary Units). The final determination if an in-lieu fee will be accepted or if the development must provide the required inclusionary units shall be based on review by the City Council.

2.

Calculation of inclusionary requirement. The calculation of the amount of in-lieu fee to be paid shall be based on the total number of housing units in the development prior to including any increase in the allowable number of such housing units authorized by any density bonus granted pursuant to Government Code Section 65915 et seq.

B.

Requirements for Rental Units.

1.

Inclusionary requirement. No rental residential project of more than six (6) units that is subject to this chapter shall be approved unless fifteen percent (15%) of such housing units are reserved for target households, unless a higher percentage is requested by the applicant/developer, or an in-lieu fee is paid to provide housing opportunities for target households in the City. The number of inclusionary units by target household shall be determined by supporting the deficit identified in the City's most recent Annual Housing Element Report to assist, to the greatest extent possible, in meeting its self-certification goals and regional share needs as set forth in the Housing Element of the General Plan. The amount of the in-lieu fee shall be determined in accordance with Section 20.310.050 (In-Lieu Fee). Notwithstanding the above, the number of inclusionary units reserved for moderate-income households in any proposed residential project may not exceed twenty-five percent (25%). There is no limit on the number of inclusionary units reserved for those qualifying as extremely low-, very low-, or low-income households.

2.

Calculation of inclusionary requirement. Rental projects of six (6) or less units shall pay an in-lieu fee. The provisions of Section 20.310.050 (In-Lieu Fee) shall apply to the total number of housing units to be built in any rental housing development. The amount of the in-lieu fee shall be determined in accordance with Section 20.310.050 (In-Lieu Fee).

3.

Design and construction of inclusionary units. The design and exterior appearance of the inclusionary units shall be compatible with and substantially the same as the market-rate units within the development, and shall contain proportionately the same or a larger number of bedrooms and square footage per unit as the market-rate units.

The inclusionary units shall be constructed either prior to or simultaneously with the market-rate units within the development. If the development is being constructed in phases, the percentage of inclusionary

units to be constructed in each phase shall be equivalent to fifteen percent (15%) of the total number of market-rate units being constructed in that phase.

4.

Rental restriction. The rent to be charged for an inclusionary unit shall be restricted to be affordable to target households within the definition of Section 20.310.020 (Applicability, Definitions). Such rental restrictions shall be effective for a minimum of fifty-five (55) years.

Additionally, said property shall be restricted in perpetuity to prohibit the conversion of the rental inclusionary units to a condominium, stock cooperative, community apartment, or such other form of ownership that would eliminate the inclusionary units as rental units.

C.

Requirements for Condominiums and Condominium or Cooperative Conversions:

1.

Inclusionary requirements. No for-sale condominium project or condominium/cooperative conversion project subject to this chapter (including time extensions) shall be approved unless at least fifteen percent (15%) of such housing units are reserved for target households or an in-lieu fee is paid to provide housing opportunities for target households in the City. The inclusionary requirements for condominium or condominium/cooperative conversion projects shall be determined by the City and may include the options in Section 20.310.060 (Options for Providing Inclusionary Units).

2.

Requirements for rental units. If inclusionary units are required to be reserved for rental purposes, the requirements of Section 20.310.040.B (Requirements for Rental Units) shall apply.

3.

Requirements for for-sale units. If inclusionary units are required to be reserved as for-sale units, the requirements of Section 20.310.040.B (Requirements for Rental Units) shall apply, excepting Section 20.310.040.B.4 (Rental Restrictions). For-sale inclusionary units shall be sold at an affordable sales price to target households.

The initial sale price of for-sale inclusionary units shall be restricted to ensure that the price is affordable to target households within the definition of Section 20.310.040.B (Requirements for Rental Units) for a minimum of fifty-five (55) years. Resale of units shall be structured to recapture a percentage of the difference between the affordable price and the market value of the unit as determined by the City. This difference shall be used by the City to provide other for-sale housing opportunities at the same affordability level.

4.

Calculation of in-lieu fee. If an in-lieu fee is required, said fee shall be calculated in accordance with Section 20.310.050 (In-Lieu Fee).

(Ord. No. 2024-1550, § 2(Exh. B), 9-10-2024; Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

A.

For residential rental and for-sale projects, developers may pay a fee in lieu of reserving units for target households where the City Council has approved the payment of an in-lieu fee. The amount of the in-lieu fee shall be established by resolution of the City Council.

B.

The amount of the in-lieu fee shall be calculated by applying the in-lieu fee to the total number of housing units in the housing development.

C.

The amount of the in-lieu fee shall be determined by the City in accordance with this section, and shall be paid at the time of issuance of building permits for the first residential units in a development project subject to this chapter.

D.

All in-lieu fees collected hereunder shall be used by the City exclusively to provide housing opportunities for extremely-low-, very-low-, low-, or moderate-income households anywhere within the City. All in-lieu fees shall be held in a separate account, with interest accruing to said account. All funds in the account, including interest, shall be spent in any manner authorized by law as the City deems appropriate, and at such times as the City deems appropriate, solely to provide housing opportunities for extremely-low-, verylow-, low-, or moderate-income households and associated, reasonable administrative costs not to exceed 2% of fees collected in the previous fiscal year.

E.

At the discretion of the City, when a developer is authorized to pay an in-lieu fee, an irrevocable dedication of land or other non-monetary contribution of a value not less than the sum of the otherwise required in-lieu fee may be accepted as an alternative to paying the in-lieu fee if said non-monetary contribution will be effective in furthering the goals and policies of the Housing Element of the General Plan or this chapter. The determination of the City shall be final in this regard. The valuation of any land offered in place of an in-lieu fee shall be determined by an appraisal made by a qualified agent mutually agreed upon by the City and the applicant, with costs for the appraisal borne by the applicant.

(Ord. No. 2024-1550, § 2(Exh. B), 9-10-2024; Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

Section 20.310.060 - Options for Providing Inclusionary Units

A.

On-site inclusionary units for new for-sale residential projects may be provided as "for-sale" or rental units on-site in compliance with the requirements of Section 20.310.040 (Inclusionary Requirements) at the

determination of the City Council. On-site inclusionary units for new rental residential projects shall be provided as rental units in compliance with the requirements of Section 20.310.040 (Inclusionary Requirements).

B.

Off-site provision of inclusionary units for new for-sale residential projects may be provided as "for-sale" or rental units at another site within the City or in existing market-rate developments in conformance with the requirements of Section 20.310.040 (Inclusionary Requirements) at the determination of the City Council. The location of these units shall be at the discretion of the City. Off-site provision of inclusionary units for new rental residential projects shall be provided as rental units at another site within the City or in existing market-rate developments in conformance with the requirements of Section 20.310.040 (Inclusionary Requirements).

C.

On- or off-site inclusionary units reserved for rental or for-sale developments shall be rented or sold at an affordable rent or sales price to target households. The affordable rent or sales price should be based upon California Housing and Community Development's Official State Income Limits.

D.

Inclusionary unit credits. If an applicant of a new for-sale or rental development provides newly constructed off-site rental units to meet the inclusionary requirements, and such rental units exceed the number of inclusionary units required by this chapter, the excess units may be used to meet the inclusionary unit requirements for another applicant. Any sale of "inclusionary unit credits" shall be a civil transaction with no regulation by the City (i.e., the inclusionary unit credits may be sold at whatever price the market will bear). All inclusionary units must be deed restricted to comply with the requirements of Section 20.310.040 (Inclusionary Requirements).

(Ord. No. 2024-1550, § 2(Exh. B), 9-10-2024)

A.

Certain types of affordable housing are relatively more desirable in satisfying the City's affordable housing goals and the goals of the Housing Element of the General Plan. As an incentive to assist the City in providing this housing, applicants may receive additional credit for such units, thereby reducing the total inclusionary housing requirement. Whether such credit is appropriate and, if so, the amount of such additional credit shall be determined by the City based on the housing needs identified in the Housing Element of the General Plan and the credit the units provide toward the City's self-certification affordable housing goals.

B.

Although nothing in this chapter establishes a right to receive any incentive from the City or any other party or agency to enable the applicant to meet the obligations of this chapter, the City, at its sole discretion, may

waive or modify certain development standards to assist the applicant in meeting the City's housing needs as described in Section 20.310.070.A (Incentives).

C.

Projects are entitled to density bonuses and/or other incentives in accordance with state law, and applicants are encouraged to use local, state, or federal assistance to meet the requirements of this chapter. The requirements of this chapter shall not, however, require the City to agree to a density increase beyond that allowed by state's Density Bonus Law.

Section 20.310.080 - Inclusionary Housing Agreement

A.

Agreement Required. Applicants/developers subject to this chapter who are required to provide rental or for-sale inclusionary units shall agree to enter into an inclusionary housing agreement with the City. The terms of the draft agreement shall be reviewed and revised as appropriate by the Director and approved by the City.

Following execution of the agreement by all parties, the completed inclusionary housing agreement, or memorandum thereof, shall be recorded and the conditions recorded as a deed restriction on the parcel(s) or unit(s) designated for the location of inclusionary units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The inclusionary housing agreement shall be binding to all future owners and successors in interest.

B.

Agreement Items. The inclusionary housing agreement shall include the following:

1.

The total number of inclusionary units.

2.

The location, unit size (square feet), and number of bedrooms of the inclusionary units.

3.

A description of the household income group(s) to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost.

4.

The household/unit size assumptions used for the purpose of calculating housing costs shall be as follows (unless an adjustment is agreed to by the City, or the applicable state or federal funding source has different requirements):

a.

One (1)-bedroom units shall be based on the median income for a household of two (2),

b.

Two (2)-bedroom units shall be based on the median income for a household of three (3),

c.

Three (3)-bedroom units shall be based on the median income for a household of four (4), and

d.

Four (4)-bedroom units shall be based on the median income for a household of five (5).

5.

Tenure of affordability for inclusionary units (fifty-five (55)-year minimum).

6.

A schedule for completion and occupancy of inclusionary units.

7.

A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement).

8.

For for-sale units, conditions governing the initial sale and resale of inclusionary units to eligible households to ensure continued compliance with the restrictions of this chapter.

9.

For for-sale units, a condition requiring disclosure by the developer to the buyer of inclusionary units of the existence of the deed restrictions affecting the re-sale of the property.

10.

For rental units, conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units as rental inclusionary units for target households.

11.

For rental units, a method to annually monitor inclusionary units to ensure continued compliance with the restrictions of this chapter that identifies the number of bedrooms and monthly rent or cost of each inclusionary unit, the income of each person occupying said unit for the prior year, vacancy information for each inclusionary unit for the prior year, a copy of the annual lease agreement for each of the affected unit(s), and any other information as required by the City.

For rental units, any tenant who is displaced by another City of San Marcos affordable housing project shall be eligible to be placed on a waiting list for the Project in accordance with applicable Fair Housing law, upon application by the displaced and verification by the City, subject to income qualification. All such displacees shall be subject to standards and tenant selection and eligibility criteria as mandated by law, including income requirements for inclusionary units. Any affordable housing development requiring tenant relocation must provide a relocation plan consistent with applicable law and regulations, which plan must be drafted and finalized within 12 months of the initiation of any relocation efforts, and which must be developed by a qualified third-party relocation consultant acceptable to the City.

13.

Conditions granting the City or its designee the first right of refusal to buy the on-site for-sale inclusionary unit(s) for the purposes of preserving and maintaining affordable housing.

(Ord. No. 2024-1550, § 2(Exh. B), 9-10-2024)

Section 20.310.090 - Administration

For purposes of this chapter, the City shall act by and through the City Council or its designee, the City Manager.

A developer and/or subsequent purchaser of an inclusionary unit shall be required to pay such fee as may be established by resolution of the City Council to recover the cost to the City of administration of the provisions of this chapter.

Section 20.310.100 - Building Permit

No building permit shall be issued for any residential project subject to this chapter unless the Director has certified that the proposed development has complied with or is otherwise exempt from the provisions of this chapter.

CHAPTER 20.315 - RESIDENTIAL GROWTH MANAGEMENT

Section 20.315.010 - Purpose of Chapter

The purpose of this chapter is to ensure that adequate public facilities and services are available to meet the needs created by and to mitigate the impacts of new development prior to or as it occurs.

Section 20.315.020 - Findings

A.

The City has, during the last decade, experienced a high rate of new commercial, industrial, and residential development, causing rapid population growth within the City.

B.

As a result of the high development rate and rapid growth, several of the City's general plan neighborhoods do not have adequate public facilities and services. These facilities and services include streets, parks and

recreation facilities, drainage facilities, water storage and distribution facilities, sewer facilities, fire, paramedic, and police services and facilities, schools, libraries, and gas, electricity, telephone, and cable television. A lack of public facilities and services in those neighborhoods creates a severe negative impact on the various facility networks and systems within the City, resulting in conditions which are hazardous and/or detrimental to the public health, safety and welfare of the people of the City of San Marcos. Because the various public facilities and the services networks within the City and systems are integrated, a failure or shortfall in necessary facilities or services in one portion of the City creates burdens and adverse impacts on other portions of that network or system elsewhere in the City.

C.

In the past, developers of new commercial, industrial, or residential projects have not always provided the facilities or services necessary to meet the demands created by the new development or to mitigate the environmental and public facilities and services impacts or burdens created by the new development.

D.

To effectively implement the City's general plan and to manage the projected growth of residential, industrial, and commercial development, and to mitigate the impacts of new development on the City, it is necessary to require that all new development bear the cost of providing the public facilities and services needed to manage the new development and, to mitigate the impacts on the City created by that new development.

E.

Establishment of a growth management program which ensures that all public facilities and services are, or will be, provided to serve future development will allow the City to continue to provide needed jobs and housing without adversely impacting existing facilities and services or current residents within the City.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

Section 20.315.030 - Administration

The City Council shall ensure that the following objectives are accomplished in a timely manner:

1.

Adoption of the public facilities and services element required by Section 20.315.030 of this Chapter.

2.

Adoption of neighborhood public facilities and services plans for each of the City's eight general plan neighborhoods. The neighborhood public facilities and services plans shall be integrated with each other and shall together be a complete and consistent City-wide public facilities and services plan.

3.

That appropriate standards, thresholds, triggering mechanisms or other requirements, shall be established to implement the public facilities and services element and the neighborhood public facilities and services

plans for each of the neighborhoods.

4.

That no approval or conditional approval shall be granted for any development, other than the issuance of a building permit for a single family residential building on a lot legally existing on June 7, 1988 requiring no discretionary approval, unless the decision making authority finds:

A.

That the development complies with the provisions of this ordinance;

B.

That the applicant has provided, or has agreed to provide, all public facilities reasonably necessary to serve the development or to mitigate the impacts caused by the development; and

C.

Has paid, or agreed to pay, all fees required by this Chapter.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

Editor's note— Ord. No. 2025-1568 added new provisions designated as § 20.315.030, and further amended the Code by renumbering existing §§ 20.315.030 and 20.315.040 as §§ 20.315.040 and 20.315.050 as herein set out.

Section 20.315.040 - Funding of Public Facilities and Services

A.

The City Council of the City of San Marcos shall require any individual, partnership, joint venture, corporation, or other person receiving approval or conditional approval of any tentative subdivision map, tentative parcel map, site development plan, site plan review, special use permit, zoning, rezoning, or any other discretionary permit or approval required by the City's subdivision or zoning ordinance for development projects, to assure funding and timely construction of all threshold public facilities or services necessary to manage the development as identified in the neighborhood public facilities and services plan for the neighborhood in which the development is located.

B.

Assurance of construction and financing is defined as actual construction of the improvements or the establishment of any financing method acceptable to the City Council (including, but not limited to, secured agreements for the construction of the improvements, reimbursement agreements, assessment districts, or community facilities districts) that provide a guarantee to the City that the improvements will be constructed in a timely fashion or that funds will be available for the timely construction, renovation, or expansion of the facilities or provision of the services identified as necessary to manage development in the applicable neighborhood's public facilities and services plan. The construction, or assurance of

construction, and financing shall be in place or otherwise established to the satisfaction of the City Council before issuance of building permits for the development.

C.

As a condition of any discretionary approval for a development, a project applicant shall pay or agree to pay the public facilities and services fee that was previously established by the City Council of the City of San Marcos. The City Council of the City of San Marcos may modify that fee by resolution as necessary to ensure adequate financing of the public facilities and services identified in the public facilities and services element of the general plan and in the neighborhood public facilities and services plans.

D.

The City Council shall establish a separate account or accounts for the funds received pursuant to this Chapter, and shall ensure that the funds are used for the purposes for which they were received. The City Council shall ensure timely expenditure of the funds for the construction of required public facilities identified by the Council to be financed from the funds when the appropriate thresholds are reached.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

Section 20.315.050 - Guidelines

The City Council may, by resolution, adopt guidelines and take any action that the City Council finds appropriate or necessary to implement the provisions of this chapter in a timely and efficient manner.

(Ord. No. 2025-1568, § 2(Exh. B), 12-9-2025)

CHAPTER 20.320 - SIGNS ON PRIVATE PROPERTY

Section 20.320.010 - Title, Authority, Scope

A.

Title. This chapter shall be known as Signs on Private Property.

B.

Authority. This chapter is adopted in accordance with the freedom afforded to charter cities generally, the Charter of the City of San Marcos, specifically, and pursuant to the City's general and police powers, California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code sections 5200 et seq., 5230, and 5490 et seq.; and other applicable state laws.

C.

Scope. This chapter regulates signs, as defined herein, that are within the legal corporate limits of the City, but not on City property, as defined herein, or in the public ROW, or on property owned and/or controlled by other City entities or other City-related districts. Signs on City property and the public ROW are

controlled by Chapter 20.325 (Signs on City Property). The provisions of this chapter and Chapter 20.325 (Signs on City Property) collectively constitute the "City Sign Ordinance."

Section 20.320.020 - Purpose and Intent

The purpose of this chapter is to create, execute, and enforce a comprehensive system for the reasonable regulation of signs within the City that are within the defined scope of this chapter. By adopting this chapter, the City intends to balance many competing interests, including the following:

A.

Expression. To allow businesses, establishments, and individuals to exercise their right to free speech by displaying an image on a sign and to allow audiences to receive such information.

B.

General Plan. To execute the goals of the visual element of the City's General Plan.

C.

Cumulative Visual Impact. To limit the adverse cumulative effects of signs and sign structures on community aesthetics and the visual element of the physical environment. Regulations of signs consistent with the goals and objectives of the community are necessary to ensure that the community character and image are protected.

D.

Visual Attractiveness. To make San Marcos visually attractive to residents; visitors; and commercial, industrial, and professional businesses while maintaining economic stability.

E.

Public Health. To protect the general public health, safety, and welfare of the community.

F.

Safety. To reduce possible traffic and safety hazards through regulations designed to eliminate visual clutter along City streets and freeway corridors.

G.

Information. To direct persons to various places, activities, and uses to provide for maximum public convenience.

H.

Reasonable Regulation. To provide a reasonable system of sign regulations to ensure the development of a high-quality visual environment.

I.

Preserve Rural Areas. To preserve established rural portions of the community with a minimum of visual clutter.

J.

Preserve Open Space. To preserve and protect open space, identified scenic areas, and natural and built resources.

K.

Economic Enhancement. To enhance the economic value of the community and each area, business, and use thereof through the regulation of such elements as size, number, location, design, and illumination of signs.

L.

Protect Property Values. To preserve and protect the appearance of and property values within the City.

Section 20.320.030 - Basic Principles

The principles stated in this section apply to all signs and procedures within the regulatory scope of this chapter and to all provisions of this chapter.

A.

Applicability. All signs within the City shall conform to the provisions of this chapter. If any Zone regulation or development standard within this Zoning Ordinance, an adopted Specific Plan, CUP, or sign program imposes more stringent requirements than are set forth within this chapter, the more stringent provisions shall prevail. Except as provided in Section 20.320.110 (Enforcement, Violations), this chapter is intended to have prospective effect only.

B.

Enforcement. The Director is authorized and directed to enforce and administer this chapter.

C.

Regulatory Interpretations. All regulatory and administrative interpretations of this chapter are to be exercised in light of the message neutrality and message substitution policies. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the Zoning Ordinance or the Building Code, then the Director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated or prohibited by this Article, in light of the principles stated in this chapter.

D.

Message Neutrality. It is the City's policy and intent to regulate signs in a manner consistent with the U.S. and California constitutions that is content neutral as to non-commercial speech and that does not favor commercial speech over non-commercial speech.

E.

Message Substitution. Subject to the property owner's consent, a non-commercial message of any type may be substituted, in whole or in part, for the message displayed on any legal or legal nonconforming sign without consideration of message content. Such substitution of message may be made without any additional approval or permitting, provided that the message substitution makes no changes to the physical structure of the sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular protected non-commercial message over any other protected non-commercial message. In addition, any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message, provided that the sign structure or mounting device is legal, without taking message content into consideration. Message substitution is a continuing right and may be exercised any number of times, in whole or in part.

This message substitution provision does not do any of the following:

•

create a right to increase the total amount of signage on a parcel, lot, or land use beyond that otherwise allowed;

•

affect the requirement that a sign structure or mounting device be properly permitted when the permit requirement applies;

•

allow a change in the physical structure of a sign or its mounting device; or

•

authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message.

F.

On-Site/Off-Site Distinction. Within this chapter, the distinction between on-site signs and off-site signs applies only to commercial messages. It does not apply to non-commercial messages.

G.

Permanent Signs - Accessory or Appurtenant Uses Only. Unless otherwise provided herein, permanent signs are to be accessories to, or appurtenant to, or auxiliary to, a main, principal, or primary use on the same parcel; the signs themselves are not to be a primary, principal, or secondary principal use on any parcel. This provision applies prospectively only.

H.

Billboard Policy. New "billboards," as defined herein, are prohibited. The City completely prohibits the construction, erection, or use of any billboards, other than those that legally exist in the City. No existing,

legal billboard may be converted to digital display, electronic changeable image display, or to function as a "message center" as that term is defined in Business and Professions Code Section 5216.4. No permit shall be issued for any sign that violates this policy, and the Director shall take immediate action against any billboard constructed, installed, or maintained in violation of this policy. In adopting this provision, the City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter.

The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this Article may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable.

This provision shall control over any other more specific provision to the contrary.

I.

Non-Communicative Aspects. All rules and regulations concerning the non-communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

J.

Permit Requirement. Unless expressly exempted from the permit requirement by this chapter, all permanent and temporary signs may be mounted, constructed, installed, or displayed only pursuant to a sign permit issued by the City. In addition, the sign owner or sponsor and the property owner must satisfy all other applicable permit and approval requirements, such as building permits, electrical permits, grading permits, etc., even if the sign is exempt from the sign permit requirement.

K.

Discretionary Approvals. Whenever any sign permit, Variance, CUP, Specific Plan, Site Development Review Plan, Planned Development approval, comprehensive sign program, or other sign-related decision is made by any exercise of official discretion, such discretion shall be limited to the non-communicative aspects of the sign, as defined herein, and compatibility with the location. Graphic design themes may be evaluated only for a comprehensive sign program, and then only as applicable to commercial message signs. Signs under a comprehensive sign plan must be complete in all other building, structural, and electrical requirements.

L.

Legal Nature of Sign Rights and Duties. As to all permanent signs attached to real property, the sign-related rights, duties and obligations arising from this chapter attach to and travel with the land on which a sign is mounted, installed, or displayed; such rights and duties do not travel with the permittee or sign owner. A sign permit is an official authorization to place a specific permanent sign on a specific parcel of land in a specific location. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases, or the ownership of sign structures. This provision does not apply to hand-held signs, personally attended signs, or aspects of personal appearance. This provision does not prevent a sign owner from removing a sign structure from a given location and installing it in another location, so long as

all permit requirements applicable to the new location are satisfied and any permits and/or modifications thereof have been approved and issued.

M.

Owner's Consent. No sign may be placed on private property without the consent of the legal owner of the property owner and all persons holding the present right of possession and control. In this context, the owner is the party holding the present right of immediate possession and control, as well as the fee title holder.

N.

Responsibility for Compliance. The responsibility for compliance with this chapter rests jointly and severally upon the sign owner; the permit holder; all parties holding the present right-of-possession and control of the property whereon a sign is located, mounted, or installed; and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected, or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control.

O.

Mixed Uses. Residential and non-residential land uses co-exist or are allowed to be developed on the same parcel or project only as specified in the General Plan, Zoning Ordinance, and Specific Plan (if applicable). The sign-related rights and responsibilities applicable to any particular parcel or land use in such areas shall be determined by reference to the regulations of the applicable zoning regulations or Specific Plan, as applicable.

P.

Severance. If any section, sentence, clause, phrase, word, portion, or provision of this chapter is held invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter that can be given effect without the invalid portion. In adopting this chapter, the City Council affirmatively declares that if it had been made aware of any invalid provision(s), it would have approved and adopted the remaining provisions, and that it desires for all valid provisions to remain in force.

A.

Scope. This section applies to all signs that may be erected, maintained, or displayed only by a sign permit. The internal review and appeal procedures also apply to any other sign-related decision made by the City, including removal orders, revocation of permits, orders to abate, etc.

B.

Permit Generally Required. It shall be unlawful for any person, firm, or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any sign within the City without first obtaining a sign permit to do so, and paying the appropriate fees prescribed therefore. This rule does not apply to signs that are exempted from the permit requirement by an explicit provision of this chapter.

C.

Right to Permit or Display. When any sign permit application fully complies with all applicable provisions of this chapter, and all other applicable laws, rules, and regulations, the permit shall be approved and issued within the required time, provided that all application materials are complete and have been submitted in a form sufficient to permit the City to review and act upon such application within said timeframe, and are in accordance with the conditions for sign permits as set forth below. In the case of signs that are expressly exempt from the permit requirement, there is a right to erect, display, and maintain such signs as are authorized by this chapter, subject to the applicable rules. This "right to permit or display" provision does not apply when the relevant City law is under active consideration for amendment at the time the application for a sign permit is submitted.

elow. In the case of signs that are expressly exempt from the permit requirement, there is a right to erect, display, and maintain such signs as are authorized by this chapter, subject to the applicable rules. This "right to permit or display" provision does not apply when the relevant City law is under active consideration for amendment at the time the application for a sign permit is submitted.

No permit shall be issued for any sign or sign structure except in compliance with the provisions of this chapter. A sign permit may be issued subject to compliance with permitting requirements imposed by other sources of law, including the safety codes for building, electrical, plumbing, grading, etc. Where there is a conflict between the provision of this chapter and other applicable regulations, the more restrictive shall apply. The Director shall ensure that any sign proposal is in conformance with this chapter and is consistent with its intent and purpose. In addition to all other requirements of the Code, the Director shall consider and ensure a sign's compatibility with the surrounding environment as a permit requirement. In determining compatibility with the surrounding environment, the following criteria may be considered: style or character of existing improvements upon the site and lots adjacent to the site; visual elements such as construction materials, design details, and the number and spacing of signs in the area; the sign's height, design, and location in relation to its proposed use; the sign's relationship with other nearby signs, other elements of street and site furniture, and adjacent structures; form, proportion, scale, materials, surface treatment, and overall sign size; potential effect of the proposed sign on driver and pedestrian safety; potential blocking of view (whole or partial) of a structure or facade or public view of historical or architectural significance; potential obstruction of views of users of adjacent buildings to side yards, front yards, open space, or parks; potential negative impact on visual quality of public spaces, including recreation facilities, public squares, plazas, courtyards, and the like; and whether the sign will impose an aesthetically foreign or inharmonious element into the existing skyline or local viewscape. Such compatibility review is subject to and limited by Section 20.320.030.K (Discretionary Approvals).

D.

Exemptions; Alterations. Signs legally existing prior to the effective date of this chapter shall be exempt from the sign permit requirement unless a structural alteration is made, the sign area or any other point of nonconformity is enlarged or expanded, or the sign face is changed. In the case of such structural alterations or expansion, a permit is required.

E.

Application for a Sign Permit. Any person seeking a permit for a sign, for which a permit is required, shall submit to the Director a written application for such sign permit. The Director shall prepare a sign permit application form and provide it to any person on request. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an

amount set by resolution of the City Council. In the case of after-the-fact permitting, the otherwise applicable fee shall be doubled.

1.

Application Contents. The form may call for the following information:

a.

Fully dimensioned Site Plan (four (4) sets drawn to scale and dimension), in color, showing the location of all property lines, buildings, parking areas, driveways, landscaped areas, utility poles and wires, public and private street lines (including centerlines), structures, easements, and the location and size (in square feet) of all existing and proposed signs, and as to all existing signs information as to whether each is permitted or exempt from permitting.

b.

Fully dimensioned architectural and building elevation drawings (four (4) sets shown to scale) accurately indicating thereon all sign matter, graphic design elements, materials and method of illumination, and if required by the Director, a photographic simulation.

c.

Name, address, and telephone number of the applicant and, if applicable, the name, address, APN (Assessor's Parcel Number) and telephone number, as well as the license number, if any, of the sign contractor.

d.

Address and Zone of the property where the sign is proposed to be displayed.

e.

Existing and proposed sign area of each individual sign and the combined area of all signs (including those already existing or previously permitted) in relation to the maximum allowed sign area.

f.

Written evidence of all owners' consents, such as land owner or lessor.

g.

A statement as to whether the sign is intended to be used in whole or in part for off-site commercial messages, advertising for hire, or general advertising.

h.

A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to use any of the following physical methods of message presentation: sound; odor, smoke, fumes, or steam; rotating, moving, or animated elements; activation by wind or forced air; neon or other fluorescing gases;

fluorescent or day-glow type colors; flashing or strobe lighting; light emitting diodes, liquid crystal displays, or other video-like methods; digital display technology; use of live animals or living persons as part of the display; or mannequins or statuary.

i.

A statement as to whether the property or parcel on which the sign is proposed to be erected or displayed, or any currently existing sign thereon, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application.

j.

Photographs of the existing property, parcel, and/or building on which the sign is proposed to be erected or displayed.

k.

In the case of any proposed sign that is subject to a discretionary process, such as a variance, CUP, or sign program, all information required by such process(es).

l.

The Director is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty (30) day's public notice. The Director is also authorized to request, require or accept application materials, in whole or in part, in electronic form, and to specify the acceptable computer formats for such submissions.

F.

Completeness. The Director shall determine whether the application contains all the required information. If the application is not complete, the applicant shall be so notified in person or in writing initially within fortyfive (45) days of the date of receipt of the application; the notice shall state the points of incompleteness and identify any additional information necessary. The applicant shall then have one (1) opportunity, within thirty (30) calendar days, to submit additional information to render the application complete; failure to do so within the thirty (30)-day period shall render the application void. This time period may be repeated as is reasonably necessary to secure the submission of all required information and documents in good form and in compliance with City requirements.

G.

Disqualification. No sign permit application will be approved if any of the following occurs:

1.

The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal or non-permitted sign has not been legalized, removed, or a cure included in the application.

There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment) that has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application.

3.

The sign application is substantially the same as an application previously denied, unless:

a.

12 months have elapsed since the date of the last application, or

b.

new evidence or proof of changed conditions is furnished in the new application.

4.

The applicant has not obtained any applicable required permit including Site Development Plan Review, Variance, Specific Plan, and/or CUP. However, applications for such permits may be processed simultaneously with a sign permit application.

H.

Multiple Sign Applications. When an application proposes two (2) or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial.

I.

Signs That Are Part of a Larger Project. Permit applications for Comprehensive Sign programs as part of planned commercial, office-professional and industrial development shall include the above information as part of a Site Development Plan Review, CUP, or Specific Plan. When approval is sought for a development that includes one (1) or more signs, then the sign aspects of the proposed development must satisfy the applicable provisions of this chapter. Such proposals may be reviewed by the Director and shall be decided by the Planning Commission.

J.

Revocation or Cancellation. The Director may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit and the requirement of this chapter after written notice of noncompliance and at least fifteen (15) calendar days opportunity to cure. The notice and opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

K.

Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the City upon written notice, to the permittee, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place and includes omissions, errors, or misrepresentations in the application materials, and oversights or errors in the processing thereof.

L.

Inspections. Inspection and approval of foundations is required when a sign includes a footing design. The purpose of such inspection is to allow the inspector to verify the size and depth of excavated footing, reinforcement method, etc., and for compliance with all applicable safety codes. All signs subject to permit require final inspection and approval by the Building Official.

M.

Sign-Related Decisions. Challenges to sign-related decisions, other than approval or denial of a sign permit, do not require a particular form, but must be in writing, signed by the applicant or challenger, and particularly state the matter challenged and the grounds therefore. Challenges shall be made to the Director. Challenges to sign-related decisions not made in accordance with these procedures shall not be eligible for appeal.

N.

Levels of Review. Except for signs subject to initial review by the Planning Commission, initial review and decisions on all sign permit applications shall be by the Director unless otherwise stated herein.

O.

Conditional Approval. A sign permit may be approved subject to conditions, so long as those conditions are required by this chapter or some other applicable law, rule, or regulation.

P.

Safety Codes. When a sign qualifies as a "structure" under the Building Code, a building permit shall also be required. Compliance with all applicable safety codes shall be a condition of all sign permits.

Q.

Permit Denial. When a sign permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant's application form, and shall specifically state the grounds for denial.

R.

Timely Decision. At each level of review or appeal, the decision shall be rendered in writing within forty-five (45) calendar days. The time period begins running when a challenge is received, the application is complete (or is deemed complete because no notice of incompleteness has been given), an amendment is received, or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the application or appeal shall be deemed denied; in the case of an appeal, the lower level decision shall be deemed affirmed.

S.

Appeal. Any decision regarding a sign permit application may be appealed by any affected person. Appeals shall be heard by the Planning Commission. The decision of the Planning Commission shall be final unless appealed to the City Council.

T.

When Appeal Right Arises. The appeal right arises at the earlier of:

1.

whenever a written decision is delivered to the applicant, or

2.

the time for decision has run without a written decision. In this context, "delivered" means personally delivered or placed in the U.S. Mail, whichever occurs first.

U.

Time and Method for Appeal. Any affected person may appeal any sign permit or other sign-related decision to the next level of review, so long as the notice of appeal is delivered to or received by the City within ten (10) calendar days of the subject decision (if the tenth (10th) calendar day falls on a day when City Offices are closed, then the time period is extended until the close of business hours on the next day that City Offices are open). The appeal process is begun by filing a written notice of appeal with the Planning Commission within ten (10) days of notice of the decision, particularly stating the matter appealed from, and the grounds for the appeal. Further appeal to the City Council is begun by filing a written notice of appeal with the City Clerk within ten (10) days of notice of the decision of the Planning Commission, particularly stating the matter appealed from, and the grounds for the appeal.

V.

Status Quo. During the pendency of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes an immediate threat to public safety.

W.

Judicial Review. Following final decision by the City Council, any affected person may seek judicial review of the final decision on a sign permit application pursuant to the applicable provisions of the California Code of Civil Procedure.

X.

Notices. Written notices required within this chapter shall be deemed given on the earliest of the following: when personally delivered, when publicly posted, or on the day of mailing. Notices are deemed effective when sent to the last known address of the addressee.

A.

All Commercial Zones. The following signs are allowed in all commercial Zones, subject to a sign permit and the following regulations:

1.

All Signs. Maximum sign area allowed, excluding window signs. The total area of all permanent signs for any establishment shall not exceed:

a.

Maximum of two (2) square feet per lineal foot of building frontage, or

b.

Maximum of three hundred (300) square feet, whichever is less, except that:

i.

A minimum allowance of one hundred (100) square feet of sign area is provided per establishment; different establishments using the same space and the same or overlapping personnel must share the available display space.

ii.

Coverage ratio: The maximum allowable sign copy area shall be seventy-five percent (75%) of the total display area of the sign.

2.

Freestanding Signs. Maximum freestanding sign area and height for any one (1) sign or any establishment's share of a common sign shall be limited to:

a.

Maximum fifty (50) square feet in area and ten (10) feet in height.

3.

Maximum window sign area - Window signs. All window signs combined, permanent and temporary, shall not exceed an area one-third (1/3) the area of frontage window area.

4.

Number/Type of Signs. The following standards establish the maximum number of each type of sign per each establishment:

a.

One (1) freestanding sign per frontage.

b.

One (1) projecting sign per frontage.

c.

Number of wall and window signs is limited only by the total square footage allowed on-site.

d.

Where signs per frontage are allowed, those signs shall be placed at some point along the frontage that qualifies them.

e.

No more than two (2) freestanding signs per frontage shall be allowed in shopping centers. Such signs may not be used for off-site commercial advertising.

f.

One (1) flag may be displayed, either under this Section 20.320.050.A.4.f or under Section 20.320.060.B.5.e. If a flag is displayed pursuant to one (1) section, no additional flag may displayed under the other section. A flag displayed under either section must be displayed in accordance with the standards set forth in Section 20.320.060.B.5.e (Temporary Signs in Commercial and Industrial Zones).

B.

Additional Rules That Apply to Signs in C, NC, OP, SR, B-P, L-I, I, and I-2 Zones. The rules in this section apply to signs in the commercial (C) Zones (see Section 20.320.050.A above) and to signs in the NC, OP, SR, B-P, L-I, I, and I-2 Zones (for more rules applicable to the I Zones, see next section).

1.

Illumination. All sign illumination shall be interior or indirect exterior, with no exposed light bulbs or neon tubes shining directly at the passing public. No light may be reflected off mirrors at the passing public.

2.

Maximum Sign Height.

a.

Wall signs may not exceed the building walls that support them.

b.

Projecting signs may not exceed the height of the parapet walls.

c.

All freestanding signs (including monument signs) shall be designed and placed on-site to provide unobstructed viewing of traffic from cars and trucks driving past and at intersection, driveways.

d.

Projecting signs: No signs shall project over a public ROW.

3.

Signs Used Only for Non-Commercial Messages and/or as Real Estate Signs. In addition to the sign display area otherwise allowed, signs used exclusively for the display of non-commercial messages and/or as real estate signs, or any combination thereof, may be displayed at any time, subject to the following:

a.

Number: One (1) sign per frontage may display (a) non-commercial message(s) and/or advertising the sale or lease of each commercial or industrial parcel, or each leased area of a shopping center or of an industrial park only.

b.

Area: Such signs shall not exceed in area thirty-two (32) square feet each, single-face. No such sign shall exceed eight (8) feet in overall height and shall not be located within the public ROW. These signs shall not count against the maximum sign area permitted for the parcel or leased area.

c.

Illumination of such signs is prohibited.

d.

Removal: If used as real estate signs, the signs shall be removed within one (1) week of the completion of the transaction advertised.

e.

Permits: The signs described in this subsection require a sign permit only if they qualify as "structures" under the Building or Zoning codes.

C.

Signs in B-P, L-I, I, and I-2 Industrial Zones. In addition to the rules stated in the preceding section, the following rules apply to signs in the B-P, L-I, I, and I-2 Zones.

1.

Maximum Sign Area.

a.

All permanent signs combined for any establishment shall not exceed in area one and one-half (1.5) square feet per one (1) lineal foot of frontage, or two hundred (200) square feet, whichever is less, except that a minimum allowance of one hundred (100) square feet of sign area per establishment is provided, and the sign area for any one (1) sign or any establishment's share of a common sign shall be determined as follows:

i.

Maximum of fifty (50) feet in area and up to ten (10) feet in height (monument sign).

ii.

Maximum two hundred (200) square feet for all signs put together into a common sign.

b.

Coverage Ratio. The maximum allowable copy area for sign copy shall be seventy-five percent (75%) of the total display area of the sign.

c.

Maximum Window Coverage. Maximum area for all window signs for any establishment shall be one-third (1/3) of maximum area of window.

d.

Number/Type of Signs. The following number of signs shall be permitted for any establishment:

i.

One (1) freestanding sign per frontage.

ii.

One (1) projecting sign per frontage.

iii.

One (1) wall sign per frontage.

iv.

There is no limit on the number of window signs, but the cumulative area of all such signs may not exceed one-third (1/3) of window area per frontage.

e.

Where signs per frontage are allowed, those signs shall be placed at some point along the frontage that qualifies them.

f.

Freestanding signs may be located within the required building setbacks from street ROW.

g.

Wall signs painted on plywood or on other similar material shall not be permitted.

D.

Comprehensive Sign Program for Commercial, Neighborhood Commercial, Mixed Use, Office Professional, and Industrial Zones. A comprehensive sign program shall be developed for all commercial, office, professional, and industrial buildings consisting of two (2) or more tenant spaces. The purpose of the program shall be to provide the Director with clear information to evaluate sign compatibility with the surrounding environment as part of the permit requirement as listed under Section 20.320.050.C, considering the factors listed therein.

E.

Agricultural (A) Zones. Signs in agricultural Zones are subject to the following rules:

1.

Structural types allowed: freestanding, mounted on walls.

2.

Illumination: prohibited.

3.

Maximum display area:

a.

For lots not exceeding two (2) acres: four (4) square feet.

b.

For lots exceeding two (2) acres: sixteen (16) square feet.

4.

Number: One (1) per street frontage, but not more than two (2) for any one (1) parcel.

5.

Height: wall signs shall not project above the roof line; freestanding signs shall not be higher than eight (8) feet.

6.

Message types: non-commercial or on-site commercial; off-site commercial is prohibited.

Sign permit not required.

F.

Single-Family Residential Zones. Signs are allowed on single-family residences, and other legal uses within single-family residential Zones, subject to the rules stated in this section. Permits are required only when the sign qualifies as a "structure" within the Zoning or Building Codes.

1.

Residences.

a.

Total display area allowed: four (4) square feet at all times.

b.

Number of signs: not limited.

c.

Coverage ratio: The maximum allowable copy area for sign copy shall be seventy-five percent (75%) of the total display area of the sign.

d.

Illumination: illumination is prohibited.

e.

Message types allowed: protected non-commercial, real estate, name plate (not exceeding two (2) square feet, for residences), garage sale.

f.

Flags:

i.

Display time: not limited.

ii.

Size and mounting: total flag area (measured one (1) side only): not more than forty (40) square feet.

iii.

Mounting: On a pole not to exceed the height limitations of the Zone regulations or attached to a legal structure not to exceed the roof line. One (1) flag pole per parcel is allowed. Any such pole or structure

must be constructed and maintained in compliance with all existing building and safety codes.

iv.

Location: may not be placed in the public ROW.

v.

Visual Interference: may not interfere with either pedestrian sight distance or vehicular sight distance, any view corridor, visibility to any existing business or any existing permanent sign.

2.

Institutional Signs. Establishments of an institutional nature such as educational, religious, civic, noncommercial, hospitals, sanitariums, rest homes, or similar may erect, maintain, and display one (1) sign, non-commercial or onsite commercial, or any combination thereof, subject to the following:

a.

One (1) monument sign, not to exceed a maximum of twenty (20) square feet in area, and six (6) feet in height and not extending above a wall or fence. The sign shall be set back a minimum of five (5) feet from any property line. Location is subject to Engineering Division approval.

b.

A non-illuminated wall sign may be permitted with a sign area of one (1) square foot per one (1) foot of building frontage maximum. Wall signs shall not be located above an eave, roof line or parapet.

G.

Multiple-Family Zones. Signs are allowed in all multiple-family Zones, subject to the rules in this subsection. Permits are required only when the sign qualifies as a "structure" under the Building or Zoning codes. This section does not override provisions in private contracts, such as residential leases. This section does not apply to establishments offering short term, transient occupancy, such as hotels, motels, inns, and "bed and breakfast" places.

1.

Individual Residential Units.

a.

Total display area allowed: four (4) square feet at all times.

b.

Number of signs: not limited.

c.

Coverage ratio: The maximum allowable copy area for sign copy shall be seventy-five percent (75%) of the total display area of the sign.

d.

Illumination: illumination is prohibited.

e.

Message types allowed: non-commercial, real estate, name plate (not exceeding two (2) square feet, for residences), garage sale.

f.

Flags:

i.

Display time: not limited.

ii.

Size and mounting: total flag area (measured one (1) side only): not more than forty (40) square feet.

iii.

Mounting: On a pole not to exceed the height limitations of the Zone regulations or attached to a legal structure not to exceed the roof line. One (1) flag pole per parcel is allowed. Any such pole or structure must be constructed and maintained in compliance with all existing building and safety codes.

iv.

Location: may not be placed in the public ROW.

v.

Visual Interference: may not interfere with either pedestrian sight distance or vehicular sight distance, any view corridor, visibility to any existing business or any existing permanent sign.

2.

Master Unit/Office (apartment hotels, residential hotels, mobilehome parks). On legal, attached, multiplefamily residential uses, at all times and in all Zones, the management office or master unit may display signs, subject to the following:

a.

If the office or master unit is used as a principal residence, then the sign display rights for the resident are the same as for other individual dwelling units, as stated in subsection G.1, above.

b.

Additional Sign. In addition to the signs authorized by subsection G.1, above, the master unit or office may display one (1) additional sign, subject to the following message types: nameplate, on-site commercial, Civil Code 713 (temporary real estate signs), protected non-commercial.

c.

Maximum area of display face: six (6) square feet; maximum number of display faces: two (2); maximum height: four (4) feet; mounting types: freestanding or wall-mounted; illumination: not allowed.

3.

Institutional Uses. An institutional establishment located within a Multiple-Family Zone, such as educational, religious, civic, non-commercial, hospitals, sanitariums, and rest homes, may erect, maintain, and display one (1) sign per one hundred (100) feet of building frontage maximum, non-commercial or onsite commercial, or any combination thereof, subject to the following:

a.

One (1) monument sign, not to exceed a maximum of twenty (20) square feet in area and six (6) feet in height and not extending above a wall or fence. The sign shall be set back a minimum of five (5) feet from any property line. Location is subject to Engineering Division approval.

b.

A non-illuminated wall sign may be permitted with a sign area of one (1) square foot per one (1) foot of building frontage maximum. Wall signs shall not be located above an eave, roof line, or parapet.

H.

Signs for Signs for Cemeteries or Memorial Parks. Entryway signs are not to exceed twenty (20) square feet in area. (Note: this rule applies to a land use, not a Zone.)

Section 20.320.060 - Temporary Sign Rules by Location, Land Use, or Sign Function

A.

On-Site Subdivision Signs.

1.

Number, Size, etc. A maximum of one (1) temporary on-site subdivision sign is allowed.

a.

A maximum of sixty-four (64) square feet total is allowed for two (2) sides, or

b.

A maximum of thirty-two (32) square feet for one (1) side;

c.

Maximum total overall height of twelve (12) feet is allowed on each Circulation Element street frontage of the property being subdivided, not to exceed two (2) such signs of all phases of any subdivision; otherwise a maximum of one (1) sign is permitted.

2.

Removal. Such signs shall be removed within ten (10) calendar days from the date of the final sale of the land and/or residences or within twenty-four (24) months, whichever comes first. Extensions of twelve (12) months may be approved by the Director.

a.

Removal deposit. A cash deposit per sign shall be deposited with the sign application to ensure compliance with this chapter and removal of such sign. Said deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, then the cost of removal shall be deducted from the deposit.

B.

Temporary Signs in Commercial and Industrial Zones. Temporary signs may be displayed in Commercial and Industrial Zones for a limited period of time as a means of publicizing special events, either commercial or non-commercial, including grand openings, new management, sales, Christmas tree or other holidayoriented lots, and parades and fairs that are to take place within the City, subject to the following:

1.

Approval. To apply for approval of temporary signs, the applicant shall submit a temporary sign permit application to the Director which describes the dimensions and location of the proposed sign by means of a sketch and written description and that indicates the proposed display dates. The Director, or designee, shall review the request within five (5) working days after receipt and approve, approve with modification or deny the request in writing; if the application is denied, the reasons shall be stated in the written denial. Applications that conform to all applicable laws, rules, and regulations shall be approved unless such laws, rules, and regulations are under consideration for possible revision.

2.

Log of Usage. The Director shall maintain a log of temporary signage approved for each applicant. If the Director is notified prior to installation of the temporary signs that the signage will not be used, the application will be canceled and the signage not deducted from the total number of days of temporary signage remaining. If a sign is installed without approval of the Director, or designee, it shall be deducted from the total number of days available at a rate of two (2) days for every one (1) day that the unapproved signs are displayed.

3.

Enforcement. Signs that are installed or displayed without approval of the Director are in violation of this chapter.

Maintenance. Temporary signage shall be maintained in good condition and shall not be frayed, faded, or dirty.

5.

Specific Types of Temporary Signs.

a.

Banner Signs. Banner Signs shall be included in and considered a part of, rather than in addition to, the approved sign program allowances for the site.

i.

Display Time: A maximum of thirty (30) combined calendar days during each of the following four (4)-month periods.

•

January 1 through April 30

•

May 1 through August 31

•

September 1 through December 31

ii.

Size and Number: A maximum of two (2) signs not to exceed a combined total of sixty (60) square feet measured from one (1) side.

iii.

Location: Suspended and affixed between two (2) support posts and not to exceed a height of five (5) feet. Attached or anchored upon a building frontage face of a legal structure and not placed above the roof line. Cannot be placed in the public ROW, attached and/or affixed to trees or shrubbery. Must be placed on the frontage of the establishment.

iv.

Visual interference: Cannot be placed to interfere with pedestrian or vehicular sight distance, view corridor, visibility to any existing establishment, or any existing permanent sign.

b.

Balloon(s).

i.

Size: not to exceed sixteen (16) inches in diameter.

ii.

Mounting: A string of balloons must be attached to or mounted at one (1) end to a legal structure and anchored at the other end. The length of the mounting string cannot exceed the distance from the face of the building frontage to the ROW. May not be attached and/or affixed to trees or shrubbery.

iii.

Display time: Must be removed from public view at the close of operations each day.

iv.

Location: Cannot be placed in, project into, or fly above the ROW or pedestrian path of travel.

v.

Visual Interference: cannot interfere with either pedestrian sight distance or vehicular sight distance, any view corridor or obstruct visibility to any existing business or existing permanent sign.

c.

Temporary Window Signs - Non-Residential Uses. Temporary window signs painted on the window or constructed of paper, cloth, or similar expendable material affixed on the window, wall, or building surface, subject to the following:

i.

The total area of such signs shall not exceed twenty-five percent (25%) of the window area. However, in all cases, twenty-five (25) square feet per business frontage is permitted.

ii.

Such signs shall be affixed to the surface for no more than thirty (30) continuous calendar days but for no more than sixty (60) days each calendar year.

d.

Special Event Signs.

i.

Display time: A maximum of fourteen (14) days prior to the special event and no longer than five (5) days after the conclusion of the event.

ii.

Size and Number: One (1) sign not to exceed thirty-two (32) square feet.

iii.

Mounting: Suspended and affixed on one (1) or between two (2) support posts, fence, or temporary structure.

iv.

Location: Cannot be placed in, project into, or fly the ROW or pedestrian path of travel and may not to be attached and/or affixed to trees or shrubbery.

v.

Visual Interference: May not interfere with either pedestrian or vehicular sight distance, any view corridor or visibility of any existing business, or any existing permanent sign.

e.

Flags

i.

Display time: not limited.

ii.

Size and mounting: total flag area (measured one (1) side only): not more than forty (40) square feet.

iii.

Mounting: On a pole not to exceed the height limitations of the Zone regulations or attached to a legal structure not to exceed the roof line. One (1) flag pole per parcel is allowed. Any such pole or structure must be constructed and maintained in compliance with all existing building and safety codes.

iv.

Location: Cannot be placed in, project into, or fly above the ROW or pedestrian path of travel.

v.

Visual Interference: may not interfere with either pedestrian sight distance or vehicular sight distance, any view corridor, or visibility to any existing business or any existing permanent sign.

f.

Ambient air balloons. Ambient air balloons and other similar inflatable advertising devices may be displayed, subject to the following:

i.

Permit required. Such devices are subject to a temporary sign permit. In addition to providing the information required by Section 20.320.060.B.1 (Temporary Signs in Commercial and Industrial Zones), the permit application shall include locational information to include a scale diagram, in a plan and elevation view, indicating the inflatable to be used; the areas in which or on which the inflatables are to be located, as

well as providing calculations of square footage of maximum cross-section area and indicating the total number of lineal feet of devices suspended by wire in the air. The locations indicated on the permit and approved and issued on the permit may not change during the period of time for which the permit is issued.

ii.

Materials. The applicant or agent shall specify the materials to be used for each ambient air balloon installed. The Director shall determine if the materials used will not fade, tear, rip or otherwise become unsightly during the period of the installations. If such determination cannot be made, then the City may not issue the requested permit. All structural materials and installation materials shall comply with the Director's specification and requirements.

iii.

Display time. Such devices shall be allowed for a period of not more than fourteen (14) calendar days within any calendar year and only on commercial or industrial parcels, and only for on-site commercial messages or non-commercial messages.

iv.

Height; mounting. Height of the device(s) may not exceed thirty (30) feet from the ground, measured from the ground to the highest point on the inflatable device.

v.

Number. No more than three (3) inflatable advertising devices may be displayed at any one (1) site during any allowed time period.

vi.

Size. No inflatable allowed by this section shall exceed 1,500 square feet, as measured at the crosssection. When properly permitted, inflatable advertising devices do not count toward the otherwise applicable sign area limits.

C.

Political, Campaign, Election, and Other Protected Non-Commercial Messages on Temporary Signs. In addition to signage otherwise allowed in any Zone, temporary signs displaying messages related to upcoming elections, or displaying any other variety of protected non-commercial speech, are allowed in all Zones in accordance with this section.

1.

Standards for Temporary Signs Displaying Protected Non-Commercial Speech:

a.

Illumination is prohibited.

b.

Such signs many not be erected, placed, used or maintained in, on or within the public ROW, unless such is specifically allowed by Chapter 20.325.

c.

Such signs may be erected, placed, installed, used, or maintained upon private property only with the consent of the owner, lessee, or other person or entity in lawful possession of the property.

d.

No such sign shall be erected, placed, used, installed, or maintained so that it:

i.

Mars, defaces, disfigures, or damages any public building, structure, or other property;

ii.

Endangers the safety of persons or property;

iii.

Obscures the view of any fire hydrant, traffic sign, traffic signal, street sign, or public information sign;

iv.

Interferes with either pedestrian sight distance or vehicular sight distance, any view corridor, or visibility to any existing business or any existing permanent sign.

v.

The total display area of all such signs on a given parcel is limited to sixteen (16) square feet at all times, except as set forth in Section 20.320.060.C.1.d.vi (Temporary Signs in Commercial and Industrial Zones), below.

vi.

During the pre-election period, which begins thirty-five (35) calendar days before any primary, general, or special election, and ends ten (10) calendar days after such election, an unlimited number of signs is allowed per parcel with the property owner's permission. Each sign may be increased up to thirty-two (32) square feet during this pre-election period. In the case of freestanding, dual-sided signs, the display area limit is measured one (1) side only, even if both sides are used for message display.

vii.

The signs allowed by this subsection may be installed and displayed without permit, so long as all signs conform to the rules stated in this subsection and all other applicable laws, rules and regulations.

Standards in Agricultural (A) and Residential (R) Zones:

a.

Double-faced signs as defined in this chapter are allowed.

b.

No sign shall be posed in such a manner that any portion of said sign is within five (5) feet of the house side of the sidewalk and, if there is no sidewalk within fifteen (15) feet of said sign, then fifteen (15) feet from the house side of the street curb. Said signs must be placed at least five (5) feet from the house side of intersecting sidewalks or if there are no sidewalks, then fifteen (15) feet from the house or back sides of intersecting curbs. Unless a farther setback is required by the foregoing rules (as in the case of corner lots adjacent to intersecting streets), said signs shall be located at least five (5) feet from side property lines except for lots located at intersections.

c.

No sign shall exceed three and one-half (3-1/2) feet in height in the front setback area, and such signs shall not exceed six (6) feet in height in any area unless said sign is attached flush to any building. The measurement shall be taken from the ground level to the top of said sign.

d.

No sign may be affixed to an already existing sign.

e.

Nothing in this section shall be construed to render a property owner liable for the posting of a sign on his or her property.

Section 20.320.070 - Construction and Maintenance, Etc.

A.

Construction. Every sign and all parts, portions, and materials shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and City regulations and the existing adopted Building Code.

B.

Maintenance. Every sign and all parts, portions, and materials shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked or broken surfaces, and malfunctioning or damaged portions of a sign shall be repaired or replaced within thirty (30) calendar days following notification by the City. Any maintenance that does not involve structural changes is allowed. A permit is not required in the case of repairs or maintenance, or change of copy, that does not result in a change in the physical structure of the sign.

C.

Nuisance. The following are declared to be public nuisances that may be abated as such pursuant to this Code:

1.

Any sign not being kept in sound condition by constituting a hazard to the passing public; or by chipping, peeling, or corrosion of surface; or by defacement for more than thirty (30) calendar days after notice to repair.

2.

Defective sign illumination that remains uncured thirty (30) calendar days or more after notice to repair.

3.

Signs advertising an establishment that has been out of operation for ninety (90) days or more.

Section 20.320.080 - Signs Exempt from the Sign Permit Requirement

Signs described in this section are exempt from the application permit and fee requirements and do not count toward the otherwise applicable limits on total sign area. All other provisions of this chapter, and all other applicable laws, rules, and regulations, must still be satisfied. Specifically, these signs may require an electrical and/or building permit. Any signage in excess of the specific exemptions listed herein is prohibited, unless allowed by another provision of this chapter.

A.

Warning, Notice, and Information Signs. For signs that warn of danger such as "high voltage" and "beware of dog"; safety signs on construction sites; official and legal notices issued by any court, public body, person, or public officer; signs posted by public utilities warning of danger or location of facilities; signs providing direction or informational signs or structures required or authorized by law; signs giving notice of owner policies such as "no trespassing" or "no parking," the cumulative display area on a given parcel may not exceed four (4) square feet, unless otherwise required by law.

B.

Construction Signs. For residential projects greater than four (4) dwelling units, commercial, and industrial projects, the following standards apply:

1.

Maximum of two (2) directory signs not exceeding thirty-two (32) square feet each are allowed, unless legally required by government contracts to be larger, on the construction site.

2.

No sign shall exceed eight (8) feet in overall height.

No sign shall be located closer than ten (10) feet to any property line.

4.

All construction signs shall be removed upon the granting of occupancy permit by the City.

5.

For all other projects, a total of two (2) signs per development site may be installed with maximum of four (4) square feet in area.

C.

Future Tenant Identification Sign. Future tenant identification signs may be placed on vacant or developing property to advertise the future use of an approved project on the property.

1.

Signs shall be limited to one (1) sign per parcel.

2.

Maximum of thirty-two (32) square feet in area.

3.

No sign shall exceed eight (8) feet in overall height.

4.

No sign shall be placed no closer than ten (10) feet to any property line.

5.

All signage shall be removed upon finalization of building permits.

6.

Where a project has in excess of six hundred (600) lineal feet of frontage, one (1) additional sign for each six hundred (600) lineal feet is allowed.

D.

Real Estate Signs, Commercial, or Industrial Property.

1.

A maximum of one (1) real estate sign per street frontage.

2.

Maximum of thirty-two (32) square feet in area.

No sign shall exceed eight (8) feet in overall height.

4.

No sign shall be located within the public ROW.

5.

Where a property has in excess of six hundred (600) lineal feet of frontage, one (1) additional sign for each six hundred (600) lineal feet is allowed.

E.

Convenience signs. Convenience and directional signs shall be limited to four (4) square feet in area and may be displayed for commercial and industrial uses.

F.

Vehicle Signs. Signs on licensed commercial vehicles, provided such vehicles are not used or intended for use as portable signs or for general advertising for hire.

G.

Incidental Signs. For incidental signs for automobile repair stores, gasoline service stations, automobile dealers with service repairs, and motels and hotels, showing notices of services provided or required by law, trade affiliations, credit cards accepted, and the like, attached to a freestanding sign, structure or building, provided:

1.

The signs number no more than four (4).

2.

No such sign projects beyond any property line.

3.

No such sign shall exceed an area per face of four (4) square feet.

Section 20.320.090 - Prohibited Signs

Unless expressly allowed by this chapter, the following signs are prohibited:

A.

Flashing, etc. Signs that rotate, blink, flash, gyrate, or are animated, blinking, or gyrating signs; use digital displays; or exhibit or give the appearance of animated motion are prohibited. Prohibited digital display signs include those signs that are capable of displaying video or other multimedia content using LCD, LED,

projection, plasma, or other similar display technology and any digital display otherwise defined Section 20.320.040 (Sign Permits).

B.

Searchlights, etc. Searchlights, beacons, and bunting when used for advertising purposes are prohibited.

C.

General Advertising on Vehicles. General advertising for hire on automobiles, motorcycles, trucks, or trailers used regularly for business uses (except on doors or panels of operable cars, motorcycles, or trucks as allowed under Section 20.320.080.F) when such vehicles are parked upon City property, the public ROW, or traversing upon any street within the City are prohibited.

D.

City Property. Private party signs installed, placed, or maintained within, upon, or over any post, pole, tree, shrub, stone, utility pole, traffic control device, hydrant, or other similar object in any street, alley, or sidewalk, or on any public property in the City are prohibited, except as allowed under Chapter 20.325 (Signs on City Property).

E.

Unapproved Traffic Control or Safety Signs. Signs resembling or confusingly similar to traffic control or safety signs that are not approved by the City for traffic control or safety use at the specific location are prohibited.

F.

State Route 78 View Corridor. Except as permitted for parking lot sales authorized under this Zoning Ordinance, temporary advertising signage as described in Section 20.320.060.B.5.c (Temporary Signs in Commercial and Industrial Zones), within the State Route 78 view corridor are prohibited.

G.

Pole Signs. As defined in Section 20.320.120 (Definitions).

H.

Mobile Messaging Signs. As defined in Section 20.320.120 (Definitions).

I.

Flags, except as specifically allowed under this chapter. As defined in Section 20.320.120 (Definitions).

J.

Commercial Mascots. As defined in Section 20.320.120 (Definitions).

K.

Feather Banners. As defined in Section 20.320.120 (Definitions).

L.

Off-Site Signs, whether Temporary or Permanent. As defined in Section 20.320.120 (Definitions).

Section 20.320.100 - Nonconforming Signs

A.

Intent. It is the intent of this section to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of local, state, or federal regulations is as important as the prohibition of new signs that would violate these regulations.

B.

General Requirements. A nonconforming sign may not be:

1.

Changed to another nonconforming sign; changes of copy including legal nonconforming billboards shall comply with the requirements of this chapter.

2.

Except for normal repair and maintenance, structurally altered to extend its useful life. This prohibition includes the structural alteration of any nonconforming sign that is not being kept in sound condition, either by constituting a hazard to the passing public, or by chipping, peeling, or corrosion of surface, or by defacement, for more than ten (10) consecutive days, which may be deemed a public nuisance, to be abated pursuant to this Code.

3.

Expanded, moved, or relocated, unless the City Council approves a relocation of a billboard, as authorized by Business and Professions Code Section 5412.

4.

Re-established after a business, not within a center, or a business within a center without an approved comprehensive sign program, is discontinued.

5.

Re-established after damage or destruction of more than fifty percent (50%) of the sign value as determined by current replacement cost.

C.

New Signs. A new sign may be approved for a site, structure, building, or use that contains nonconforming signs if it meets one (1) or more of the following criteria:

It is part of an approved comprehensive sign program; or

2.

It lessens the nonconformity.

D.

Historical Signs. Signs that have historical significance to the community, as defined from time to time by City Council resolution, but do not conform to the provisions of this chapter, may be issued a permit to remain in place, provided that the City Council makes the following findings:

1.

The sign has historical significance for the community.

2.

The sign does not create nor cause a traffic hazard.

3.

The sign does not create a visual nuisance to the character of the community.

4.

The sign is properly maintained and structurally sound.

5.

The sign does not adversely affect adjacent properties.

Section 20.320.110 - Enforcement, Violations

A.

Responsible Parties. As used in this section, "responsible parties" includes all persons described in the "responsibility for compliance" subsection of the Basic Principles section, above (Section 20.320.030 Basic Principles).

B.

Nuisance. All violations of this chapter are declared to constitute public nuisances that may be abated by any method provided by law.

C.

Enforcement. Legal procedures and penalties shall be in accordance with the enforcement procedures established by the Municipal Code or state law.

D.

Unauthorized. Illegal signs may be abated by the City in accordance with local ordinance, state law (including Business and Professions Code Section 5499.1 et seq., or state law on abatement of public nuisances), or as otherwise provided by law.

E.

Safety. If any sign is an immediate threat to the public health and safety by virtue of the physical condition of the sign structure, said sign may be immediately and summarily removed with the cost of such removal charged to the property owner in accordance with this chapter.

F.

Penalty. Each person, corporation, association, partnership, limited liability company, firm, and/or responsible party who places, maintains, or causes to be placed or maintained a sign in violation of the provisions of this chapter is guilty of an offense punishable pursuant to Section 1.12.010 of this Code.

G.

Separate Offenses. Any violation of the adopted regulation shall be subject to a default amount for each separate offense. Each day of violation or noncompliance with these regulations shall be deemed as a separate offense and subject to the penalties and payment of default amounts established by the City Council.

H.

Notice of Violation. Whenever any sign or part thereof, other than those referred to in Subsection E, constitutes an illegal sign and/or is erected or maintained in violation of this chapter, the Director shall give written notice to all responsible parties to remove the sign or to bring it into compliance. The notice shall specify the nature of the violation, order the cessation thereof, require the cure of violation or removal of the sign by a specific date, and advise the permittee, owner, or person in charge of the sign of the hearing rights established by this subsection. The date for removal specified in the written notice shall not be less than fifteen (15) days from the date of the mailing of the notice. Within ten (10) days of the date of mailing the responsible party or parties may request a hearing by filing a written request therefore with the Director.

I.

Hearing. The hearing shall be held by the Director within thirty (30) calendar days of the notice. The person issuing the notice to remove shall not be designated as the hearing officer. The hearing shall be limited to whether the sign was erected or is maintained in violation of this chapter. Upon receipt of a written request for a hearing, the Director shall schedule a hearing and send written notice by first class mail of the time, place and date for the hearing. After the hearing, the Director may affirm, modify, or revoke the order to remove.

J.

Decision After Hearing. The decision of the hearing officer shall be in writing, and state reasons for the decision, and shall be issued within thirty (30) calendar days of the hearing.

K.

Maintenance of Status Quo. The time for compliance with the original order shall be stayed during the pendency of the hearing.

L.

Removal of Uncured Violations. Whenever the responsible parties fail to comply with an order of the Director made pursuant to this section, the Director may remove the sign, or order it removed, either by the City's own force or by a private party under contract. The expense of the removal shall be charged to the permittee, owner, or person in charge of the sign. Such amount shall constitute a debt owed to the City. No permit shall thereafter be issued to any permittee, owner, or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the City in collection of the costs shall be added to the amount of the debt.

M.

Removal of Temporary Signs. Whenever a temporary sign has been erected or maintained in violation of the provisions of this chapter, the Director shall give written notice to remove the sign to the permittee, owner, or person in charge of the sign. The notice shall specify the nature of the violation, order the cessation thereof, require the removal of the sign within seventy-two (72) hours of the time of the notice, and advise the permittee of the hearing rights established by this subsection. Before the expiration of the seventy-two (72)-hour period, the permittee, owner, or person in charge of the sign shall remove the sign or may request a hearing. The request shall be in writing and filed with the Director. The hearing shall be held by the Director or his/her designee within seventy-two (72) hours of the day the request is filed, or the next business day following seventy-two (72) hours from the filing of the request, whichever is sooner. The person issuing the notice to remove shall not be designated as the hearing officer. The hearing shall be limited to whether the sign was erected or is maintained in violation of this chapter. Notice of the time of the hearing may be given in writing, telephone, or other form of communication. After the hearing, the order to remove may be affirmed, altered, or revoked. The decision of the hearing officer shall be made in writing, with reasons stated. If the permittee, owner, or person in charge of the sign fails to comply with the notice to remove or the decision of the hearing officer, the Director may remove or cause the removal of the sign. The expense of the removal shall be charged to the permittee, owner, or person in charge of the sign. Such amount shall constitute a debt owed to the City. No permit for a temporary sign shall thereafter be issued to any permittee, owner, or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the City and collection of the costs shall be added to the amount of the debt.

N.

Cumulative Remedies. The provisions of this section are alternative and additional remedies for the enforcement of this chapter. Nothing in this section shall preclude the City from enforcing the provisions of this chapter by any other criminal or civil proceeding.

Section 20.320.120 - Definitions

The definitions in this section apply to this chapter.

Abandoned Sign: Any nonconforming sign for a business, use, or service that has been discontinued or vacated for more than ninety (90) days. Any sign that conforms to the provision of this chapter and that is intended to be re-used in conjunction with a new or re-established lawful use on a property shall not fall under the definition of abandoned.

Agricultural Sign: A sign displayed on a parcel that is zoned for, and is used for, agricultural purposes.

Alteration: Any change of size, shape, illumination, position, location, construction, or supporting structure of an existing sign. Changes to graphic images or graphic designs are not within this definition.

Balloon Sign: Any type of sign advertising display consisting of a non-porous material bag filled with heated air, a gas lighter than air, or air under pressure, including ambient air balloons.

Banner Sign: Any cloth, bunting, plastic, paper, or similar material for advertising purposes.

Billboard: A permanent structure sign that meets any one (1) or more of the following criteria:

1.

Used for the display of off-site commercial messages.

2.

Used for general advertising for hire, in contrast to self-promotion.

3.

Not an accessory or auxiliary use serving a principal use on the same parcel, but rather is a separate or principal use of the parcel.

4.

A profit center on its own, and in the case of multiple principal uses on the same parcel, the sign is distinct from the main operations of the principal use on the parcel.

A sign within a redevelopment project area that displays only non-commercial messages and messages concerning establishments within the same redevelopment project area is not within this definition.

Building Complex: A building or group of buildings on one (1) or more lots or building sites containing two (2) or more unrelated occupants and share common parking facilities.

Canopy Sign: Any sign attached to a projecting canopy or protruding over a sidewalk.

Changeable Copy Sign: A sign with changeable copy, regardless of method of attachment or materials of construction.

Commercial Mascot: A person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages, when a principal purpose is to draw attention to or advertise a commercial enterprise. Includes sign spinners and/or twirlers and sign clowns.

Commercial Message: Any message on a sign that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity that proposes a commercial transaction, or concerns primarily the commercial or economic interests of the speaker and/or the intended audience.

Comprehensive Sign Program: Building design and signs integrated into a single architectural plan. Also known as "sign program," "sign plan," or "master sign program."

Construction Sign: A sign displayed on the site of a construction development project during the period of time of actual construction.

Convenience Sign: A sign that conveys functional information such as hours of operation, credit cards accepted, directions to parking or restrooms, etc.

Copy: Any letters, numerals, or symbols displayed on a sign face to convey a message to the public; the elements of a visual image that are intended to be communicative.

Copy Area: An area circumscribed by the smallest geometric shape created with a maximum of eight (8) straight lines, which will enclose all words, letters, figures, symbols, designs, and pictures, together with all framing, background material, colored or illuminated areas, and attention-attracting devices, forming an integral part of an individual message, except the following:

1.

Wall signs having no discernible boundary shall have the areas between letters, words intended to be read together, and any device intended to draw attention to the sign message included in any computation of surface area.

2.

For spherical, cylindrical, or other three-dimensional (3D) signs the area of the sign shall be computed from the smallest two-dimensional (2D) geometrical shape or shapes, which will best approximate the greatest actual surface area visible from any one (1) direction.

Digital Display: A system for the display of changeable images, either appearing in motion or as a series of still images, using "light emitting diodes" or digital electronics, which may be remotely programmed or controlled; the definition also includes all functionally equivalent systems, such as liquid crystal displays and plasma display, regardless of actual technology used. Also known as CEVMS (changeable electronic variable message signs), "dynamic displays," and similar terms. Also includes "message center" signs as defined in Business and Professions Code Sections 5216.4 and 5490.5.

Directional Sign: A sign that provides locational and directional information to pedestrian or vehicular traffic.

Directory Sign: A sign within a multi-tenant property that is used to identify tenants.

Display face: That portion of a sign upon which the visually communicative elements are placed.

Double-Faced Sign: A sign with two (2) faces, with each face oriented approximately one hundred eighty (180) degrees (back to back) from the other.

Establishment: Any legal use of land, other than long-term residential, which involves the use of structures subject to the Building Code. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices, and libraries, but does not include singlefamily homes, mobilehomes, residential apartments, residential care facilities, or residential condominiums.

Feather Banner or Feather Banner Sign: A flexible pole to which one (1) side of a flexible fabric, generally in the shape of a feather or similar shape, is attached, and which is used for the primary purpose of advertising or attention-getting by the public display of visually communicative images. Such banners are also known and sold under names that include "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bowflag," "teardrop banners," and others. The definition includes functionally similar display devices.

Flag: A piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol. Includes pennants, which are generally triangular in shape.

Freestanding Sign: A sign that is not attached to or supported by another structure, but is mounted directly on the ground and provides its own support structure. Common types include monument (ground) signs.

General Advertising: The commercial enterprise of advertising or promoting other businesses or causes using methods of advertising, in contrast to self-promotion or on-site advertising. Also known as "advertising for hire" and "general advertising for hire."

Grade: The elevation of the nearest public sidewalk or curb adjoining the property upon which any sign or structure is placed or erected or the average constructed finished ground surface immediately below the sign.

Graphic Design: The overall layout, form, proportion, scale, color, materials, surface treatment, overall sign size and style, character, typography, and size and style of lettering of a sign.

Height: The distance between the highest point of a sign structure and the ground surface beneath.

Illegal Sign: Any sign installed without proper government approval and/or permits at the time it was placed. The term includes any sign that was erected in conformance with all applicable laws, rules, and regulations in effect at the time of installation, but that was subsequently altered so as to be out of compliance with applicable law, including the terms of permits that authorized construction. All signs described in Business and Professions Code Section 5499.1 and defined therein as an "Illegal on-premises advertising display" are also within this definition.

Illuminated Sign: Any electric sign or other sign employing the use of lighting sources (other than natural light or ambient lighting) for the purpose of decorating, outline, accentuating, or brightening the sign area.

Indirect Lighting: The illumination of a sign by a light source that is not a component part of the sign.

Industrial Park: An industrial center composed of more than four (4) establishments identified by one (1) name as being physically grouped, and under common deed restriction for the purpose of design control.

Institutional/Quasi-Public Uses: Uses that are maintained and operated by federal, state, county, district, City, and other public agencies and uses that are maintained and operated by any society, corporation,

individual, or foundation for the primary purpose of providing educational, charitable, or social services to the public, groups, or individuals, such as fraternal organizations and lodges, nonprofit civic/community clubs, nonprofit philanthropic institutions, nonprofit museums, nonprofit libraries, churches, hospitals, childcare centers, schools, or other similar uses.

Legal Nonconforming Sign: Any sign that complied with all applicable laws, rules, and policies at the time of installation but that does not conform to current applicable rules.

Marquee: A permanent roofed structure attached to and supported by the building and projecting beyond the building face, used to display signage.

Mobile Messaging Sign: Any off-site sign that is attached to or painted on a vehicle, the principal purpose of which is general advertising.

Monument Sign: A type of freestanding sign that is mounted directly on the ground, not exceeding ten (10) feet in height and that is supported by a base not exceeding twenty-five percent (25%) of the sign area.

Multi-faced Sign: A sign with more than two (2) faces with each face oriented at less than one hundred eighty (180) degrees from the other.

Non-Commercial Message: Any message displayed on a sign that is intended to express a non-commercial idea, including commentary on topics of public concern and debate, including commentary on social, political, educational, religious, scientific, artistic, philosophical, or charitable subjects.

Non-Commercial Sign: A sign displaying a non-commercial message.

Office Park: A group of two (2) or more office buildings that are planned and developed together with unique identity and function relationships fostered through the use of coordinated design, site orientation, access, and other unifying elements.

Office Park Identification Sign: A sign that identifies the name or logo of an office park.

Off-Site Sign: Any sign that advertises commercial products, accommodations, services, or activities not provided in or on the lot upon which it is located. The on-site/off-site distinction applies only to commercial messages.

On-Site Sign: A sign advertising the commercial business, accommodation, services, or activities provided on the premises on which the sign is located, or expected to be provided in that location in the near future. All establishments within a shopping center are on-site as to any sign(s) also located within that shopping center. The on-site/off-site distinction applies only to commercial messages.

Permanent Sign: Any sign designed and intended to be used in excess of thirty (30) days, or that meets the definition of "structure" in the Building Code and is subject to a permit under any of the safety codes (building, fire, electrical, grading, etc.).

Pole Sign: Any free-standing sign based at grade level and supported by one (1) or more uprights or braces. Includes signs upon which the uprights or braces are covered or cladded with metal, stucco, or any other material.

Portable Sign: All of the following are within this definition:

•

Any sign not permanently attached or designed to be permanently attached to the ground or other permanent structure.

•

Any sign designed to be transported by means of wheels, skids, runners, or moveable frames.

•

"A frame" or "T frame" signs.

•

Menu and sandwich board signs.

•

The functional equivalent of any of these categories. Commercial mascots are not within this definition.

Projecting Sign: A single or double-faced sign attached to the face area or wall of building and that projects eighteen (18) inches or more from said wall and does not exceed any portion of the roof.

Protected: A message that is within the protection of the First Amendment to the U.S. Constitution and/or corollary provisions of the California Constitution.

Real Estate Sign: A sign whose message concerns a proposed transaction, such as sale, lease, or exchange of real property. Signs on establishments offering transient occupancy, such as hotels, motels, inns, and bed and breakfast places, concerning vacancies and rates are not within this definition. All signs described in Civil Code Section 713 are within this definition.

Roof Sign: Any sign supported by any portion of a roof of a building.

Safety Codes: Those codes that define and require safe methods of construction or demolition, including the codes for building, electrical, plumbing, grading, demolition, etc.

Shopping Center: A commercial center composed of more than four (4) establishments, identified by one (1) name as being physically grouped and sharing a common parking area.

Sign: A temporary or permanent public display of visible images that, either directly or indirectly, advertises, informs, or identifies persons, businesses, commodities, services, or ideas by the display of any communicative image or graphic that attracts attention when such is visible from any portion of the public ROW or from a private ROW that is open to public use, or any exterior place that is open to the public. The word "sign" includes all writing, trademarks, graphic illustrations, and lighting primarily directed at facilitating communication, as well as supporting structures within sign area. Notwithstanding the generality of the foregoing, the following are not within the definition of sign:

Aerial signs or banners towed behind aircraft.

2.

Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts) that do not perform a communicative function.

3.

Fireworks and similar displays.

4.

Foundation stones and cornerstones.

5.

Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased.

6.

Historical plaques.

7.

Holiday and cultural observance decorations on private property that are on display in season for not more than forty-five (45) calendar days per year (cumulative, per parcel or use) and that do not include commercial advertising messages.

8.

Inflatable gymnasia. Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices. Also called "party jumps."

9.

Interior graphics. Visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof.

10.

Manufacturers' marks. Marks on tangible products that identify the maker, seller, provider, or product, and that customarily remain attached to the product even after sale.

11.

Mass transit graphics. Graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the City.

Newsracks and newsstands.

13.

Personal appearance. Items or devices of personal apparel, decoration, or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots or hand-held signs).

14.

Search lights and klieg lights when used as part of a search and rescue or other emergency service operation; this exclusion does not apply to search lights or klieg lights used as attention-attracting devices for commercial or special events.

15.

Shopping carts, golf carts, horse drawn carriages, and similar devices; any motorized vehicle that may be legally operated upon a public road is not within this exclusion.

16.

Symbols embedded in architecture. Symbols of non-commercial organizations or concepts including religious or political symbols, when such are permanently integrated into the structure of a permanent building that is otherwise legal; by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells, religious statuary, etc.

17.

Vehicle and vessel insignia. On street-legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, non-commercial messages, and messages relating to the proposed sale, lease, or exchange of the vehicle or vessel.

18.

Vending machines, automated intake devices, and product dispensing devices that do not display off-site commercial messages or general advertising messages.

19.

Window displays. The display of merchandise in a store window when such merchandise is offered to the public for sale.

Sign Area: The area of that triangle, square, or polygon formed on a plane from the least number of straight lines (not to exceed eight (8) in number) all parts of which are measured at least six (6) inches from, and enclosing, all writing, trademarks, illustrations, backing lighting, and those backing structures except building walls. For double-faced back-to-back signs, the area of only one (1) of the two (2) equal faces counts as the sign area. In the case of a statuary sign or a sign device that has communicative visual elements on more than two (2) visual planes, area is calculated by a photograph or image of the sign showing its maximum area on a flat surface, and then calculating the area of that flat surface.

Sign Height: The vertical distance between the average adjacent ground level (for pole signs), or the roof level (for roof signs) and the top of the sign, including all superstructure, support, and architectural or design elements.

Special Event Sign: Any sign that advertises special events and activities, including grand openings/closings, carnivals, parades, charitable events, sales including promotional sales, change of business address, change of ownership or lessee, business anniversaries, seasonal events, Christmas tree or other holiday-oriented lots, public events that take place in the City, or any sign identifying a single time or infrequently occurring event that is outside of the normal activities of the responsible parties.

Temporary Sign: A sign that, by virtue of its construction from lightweight or flimsy materials, and its installation with ordinary hand tools, is not physically suitable for long-term display, including pennants, banners, streamers, or similar attention-getting devices.

Useful Life: The period of time over which a sign may reasonably be expected to be useful to the owner of a sign in the trade or business or in the production of income. Signs within the scope of Business and Professions Code Section 5490 are presumed to have a useful life of fifteen (15) years. For all other permanent signs, when a sign manufacturer's estimate of useful life is available, that may be presumed to be accurate, unless there is contrary evidence.

be expected to be useful to the owner of a sign in the trade or business or in the production of income. Signs within the scope of Business and Professions Code Section 5490 are presumed to have a useful life of fifteen (15) years. For all other permanent signs, when a sign manufacturer's estimate of useful life is available, that may be presumed to be accurate, unless there is contrary evidence.

Wall Sign: A single-faced sign that is wholly attached to the face area or wall of a building, and that projects less than eighteen (18) inches from said wall.

Window Sign: Any sign painted or affixed to the inside or outside of a window surface, or otherwise so located within a building so as to be visible from the exterior of the building.

Vehicle Sign: Any sign that is attached to or painted on a vehicle that is parked on, adjacent to, or near any property, the principal purpose of which is to attract attention to a product sold or an activity or business located on such property.

CHAPTER 20.325 - SIGNS ON CITY PROPERTY

Section 20.325.010 - Title

This chapter shall be known as Signs on City Property.

Section 20.325.020 - Authority, Scope, Proprietary Capacity

In adopting this chapter, the City acts in its proprietary capacity as to City property, as defined herein, within the City. This chapter is adopted in accordance with the freedom afforded to charter cities generally, the Charter of the City of San Marcos specifically, and pursuant to the City's general and police powers; California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code Sections 5200 et seq., 5230, and 5490 et seq.; Penal Code Section 556; and other applicable state laws. The provisions of this chapter and Chapter 20.320 (Signs on Private Property) collectively constitute the "City Sign Ordinance."

Section 20.325.030 - Intent as to Public Forum

The City declares its intent that not all City property shall function as a public forum, unless some specific portion of City property is named herein as a public forum of one (1) particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and for the specified time period.

Section 20.325.040 - Signs Must Be Permitted or Exempted

Unless specifically authorized by this chapter or other applicable law, no signs may be displayed on City property except in or on a traditional public forum and in accordance with this chapter. Any unauthorized sign posted on City property may be summarily removed by the City as a trespass and a public nuisance.

Section 20.325.050 - Temporary Signs Displaying Non-Commercial Messages

In areas defined as traditional public forum areas, private persons may display non-commercial message signs thereon, provided that the signs conform to all of the following:

A.

The signs must be personally held by a person, or personally attended by one (1) or more persons. "Personally attended" means that a person is physically present within five (5) feet of the sign at all times.

B.

The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the City Council or other public body is holding a public hearing or meeting; on such occasions, the display period is extended to thirty (30) minutes after such meeting is officially adjourned.

C.

The maximum aggregate size of all signs held by a single person shall be six (6) square feet. For purposes of this rule only, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area.

D.

The maximum size of any one (1) sign that is personally attended by two (2) or more persons is twenty-four (24) square feet, measured on one (1) side only.

E.

The sign must have no more than two (2) display faces and may not be inflatable or air-activated.

F.

To serve the City's interests in traffic flow and safety, persons displaying signs shall not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give clearance of at least five (5) feet in width for pedestrians to pass by, unless the sidewalk in question is less than five (5) feet in width, in which case clearance of sufficient width shall be provided so as not to impede or block pedestrian flow on the sidewalk. Persons holding signs may not block the view or line of sight within a "visibility triangle." "Visibility triangle" shall be defined as the area

within the vertices of three (3) points, measured from the corner of any vehicular intersection to two (2) points located on the curbline forty-five (45) feet from said corner.

G.

The message substitution policy of the sign ordinance applies only to the traditional public forum areas.

Section 20.325.060 - Certain Governmental Signs

The following signs may be erected and displayed on City property, subject to the rules set herein:

A.

Traffic control and traffic directional signs erected by the City, including temporary traffic and traffic direction signs.

B.

Official notices required or authorized by law.

C.

Signs placed by the City in furtherance of its governmental functions, including commercial signs authorized by City.

D.

Signs placed by the City on City property that express the City's own message, such as community directional signs (see Section 20.325.070 Community Directional Signs). Such signs do not require a permit.

E.

Signs placed by another governmental entity with the City's prior written permission.

Section 20.325.070 - Community Directional Signs

The City may locate community directional signs at its discretion on City property to allow persons to be directed to areas within the City, as follows:

A.

The maximum number of signs shall be as approved by the City Manager to lead persons to identified areas, locations, or subdivisions within the City.

B.

Signs shall be no larger than sixty (60) inches by twelve (12) inches, and shall be grouped on a single-, double-, or four (4)-sided sign kiosk. Such structure shall contain no more than seven (7) separate identifications and a City identification top piece.

C.

Signs shall be located at various locations throughout the City along major transportation corridors, as approved by the City Manager. Each such approved sign may state the name of the public facility, subdivision, or community area; provide information to the public as determined by the City; and include a directional arrow.

D.

The placement of each sign structure and its copy shall be reviewed and approved of by the Director prior to installation.

E.

A plan shall be prepared showing the site of each sign and shall be submitted to and approved by the Director to the acceptance of a sign permit application, if requested by a private party.

F.

Any sign approved for a particular community area or subdivision within the City shall not be changed to another community area or subdivision without prior approval of the Director.

G.

There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign as originally approved. No other directional signing may be used such as posters, portable signs, vehicle signs, trailer signs, or temporary subdivision signs.

H.

All signs not conforming to this chapter shall be deemed a public nuisance and subject to removal from City property pursuant to Section 20.325.110 Definitions, below.

Section 20.325.080 - Encroachments

When authorized by Chapter 20.320 Signs on Private Property, private party signs mounted on private property may project into City property or the public ROW only with an encroachment permit processed for all applicable and required City approvals prior to such projection and/or encroachment. Sign encroachment permits must satisfy all requirements of the sign ordinance, as well as all requirements applicable to encroachments generally, and all applicable safety codes (building, plumbing, electrical, etc.).

Section 20.325.090 - Commercial Speech and Activities

Commercial speech by sign, as well as all commercial activity, is prohibited on all City property and the public ROW. This provision does not apply to the City or its designees on City-owned property.

Section 20.325.100 - Immediate Removal of Signs on City Property

A.

Removal. Any lettering, advertisement, card, poster, sign, or notice of any kind placed on City property or on any curb, sidewalk, post, pole, lamp post, hydrant, bridge, tree, or other surface located on City property in violation of the provisions of this chapter, or any sign that constitutes an immediate peril to persons or property, may be removed without prior notice by any officer or employee of the City designated to do so by the City Manager. For the purposes of this subsection, City property shall have the meaning as defined in this chapter. The cost of removal and of any damage to City property resulting from the placement or removal of a sign under this subsection shall be charged to the person who placed the sign or caused the sign to be placed. In any action, hearing, or other proceeding for violation of any of the provisions of this section, proof that the sign or other matter contains the name of or otherwise identifies a person, firm, or corporation, or a particular committee or organization, shall constitute prima facie evidence that such person, firm, or corporation, or chairperson, president, or other head of the committee or organization, posted, or caused to be posted, the sign or other matter.

B.

Charge for Cost of Removal. The City may recover the cost of removing signs as authorized by this section. When the City has incurred any expense in removing the sign or other matter, or in repairing City property damaged because of the posting or removal of the sign or other matter, any such expense incurred shall constitute a debt owed to the City. The Director or his/her designee shall send a bill to the persons responsible for posting or causing to be posted the sign or other matter for the actual or estimated cost of removal. The Director may establish administrative regulations to govern the billing procedures. Each bill shall include the cost, both direct and indirect, involved in the removal of the sign or other matter and in administering the billing procedure. The bill shall describe the basis of the amount billed by indicating the number of signs or other matter posted illegally, the time necessary for removal, the hourly cost for removal, the right to a hearing as provided by the appeal provisions of the sign ordinance, and other relevant information. The bill shall also specify a date by which the bill is to be paid, shall be not less than fifteen (15) business days after the bill is mailed.

C.

Post Removal Hearing Regarding Signs Summarily Removed. The owner or person in charge of any lettering, advertisement, card, poster, sign, or notice of any kind placed on City property, or constituting an immediate peril to persons or property, that has been removed by an officer or employee of the City without prior notice to the owner or person in charge pursuant to this chapter, is entitled to a hearing to be conducted by the Director. The request for hearing shall be made in writing to the Director no later than fifteen (15) business days from the date the Director mails the billing statement specified in Subsection B, or within thirty (30) calendar days of the date of the removal, whichever occurs first. The hearing shall be limited to determining whether the lettering, advertisement, card, poster, sign, notice, or other matter was located on City property in violation of the provisions of this chapter, or constituted an immediate peril to persons or property and the accuracy of the amount billed. Upon receiving a written request for the hearing, the Director shall set a hearing, which shall be held within forty-five (45) days from the date of receipt of the request. The Director shall provide written notification of the hearing to the applicant. The notification shall include the date, time, and place of the hearing. Following the hearing, the Director shall, within ten (10) business days after the date of the hearing, notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid, which shall not be less than thirty (30) calendar days after the date of the hearing. Any

person who fails to pay the amount billed to such person within the period specified therein shall also be liable for expenses incurred by the City in collecting the debt, including the cost of paying City employees or other persons engaged in debt collection.

D.

Decision. The decision of the hearing officer operating under this section shall be final. The decision of the hearing officer shall be made in writing, stating the reasons for the decision reached.

E.

Return of Materials. Any lettering, advertisement, card, poster, sign, or notice that was removed under this section may be returned to the owner only upon payment to the City of the costs of removal, as specified in this chapter. If no timely request is made for a hearing, or if no demand is made for the return of the materials removed within the time permitted for requesting a hearing, the Director or his/her designee is authorized to destroy or dispose of the removed material with no further notice.

Section 20.325.110 - Definitions

Definitions from Chapter 20.320 Signs on Private Property, are incorporated herein, unless modified by the following definitions, which apply specifically to this chapter.

A.

City Property. Land or other property in which the City holds a present right of possession and control, City road easements, and all public ROWs, regardless of ownership.

B.

Community Directional Sign. A multi-sided sign structure with a unified design theme accommodating individual directional sign panels; also referenced as a "kiosk."

C.

Traditional Public Forum. City-owned parks, the surfaces of City-owned streets, and, subject to the limitations set forth herein, sidewalks forming the City's vehicular and pedestrian circulation system. Sidewalks and associated ROWs located along the outside perimeter of the City Hall Complex are included within this definition. Specifically excluded from this definition, and in no way to be construed as a traditional public forum, is the interior of the City Hall Complex. As of the effective date of this chapter, the City Hall Complex consists of three (3) buildings, internal roads and sidewalks, parking lots, a parking structure, adjacent recreation areas (inclusive of a City recreational area located east of the Sprinter rail tracks), and pedestrian grounds.