Article 12 — SIGNS

A. Definitions: When used in this article, the following words and phrases have the following meanings: ADVERTISING STRUCTURE: A structure of any nature that is erected or maintained for advertising purposes, and upon which any poster, bill, printing, painting or other advertisement of any nature may be placed for advertising purposes.

AWNING: An architectural fixture that: 1) projects from, and is totally supported by, the exterior wall of a building; 2) provides protection from the elements to pedestrians below, or to occupants within a building; 3) is visually positioned above a window or a door; and 4) is permanent, in that it is not retractable and cannot be removed from the building without altering the building structure.

AWNING SIGN: A sign that is affixed to, or painted or printed upon, an awning.

BLADE SIGN: A sign which projects perpendicular to the building to which it is attached.

FACADE: The exterior portion of a building which faces a public street. Said portion would generally consist of a solid wall, glass, or other building materials. A facade area would be measured taking into account the width of the frontage devoted to the business and the height measured from the sidewalk to the top of the wall.

OFF PREMISES ADVERTISING DISPLAY: Any sign which: 1) advertises or otherwise directs attention to a use, facility or service which is not located on the premises where that sign is placed; or 2) identifies a product (which may or may not be identified by a brand name) which is not produced, sold, or manufactured on the premises where the sign is placed; or 3) advertises or otherwise directs attention to an activity, event, institution, business or product which occurs or is generally conducted, sold, manufactured, produced or offered elsewhere than on the premises where that sign is placed. The term "off premises sign" has the same meaning as "off premises advertising display". REAL ESTATE SIGN: A sign which indicates the availability of land, buildings or structures for sale, lease, rent, exchange or other permanent or temporary disposition.

RETAIL: A commercial business that conducts the sale of tangible goods directly to consumers.

SIGN: Any structure or device, including any framework, support elements, bracing materials, or structural components, which is used for visual communications or attraction, including, but not limited to, those types of signs referenced in this article, and any advertisement, display, illustration, emblem, insignia, symbol, trademark, logo, lettering, or other visually perceptible format which expresses any idea, identifies any person, place or thing, or promotes any goods, products, services, or commodities.

TEMPORARY SIGNS: A sign that is printed or displayed on the interior surface of a window or glass door of a building so as to be reasonably visible from outside the building, and which advertises or announces a transitory event. (Ord. 96-1093, 7-10-1996; amd. Ord. 099-1134, 10-13-1999)

B. Application Of Provisions: The provisions of this section shall be limited to signs proposed to be erected or maintained in the C-1 zone.

C. Design Review Required:

1. New Signs: Unless subject to a specific exemption, all new signs are subject to design review in accordance with the procedures set forth in article 15 of this chapter.

2. Existing Signs: Modifications to or the refurbishing of signs that are in existence on the effective date hereof are subject to design review in accordance with the procedures set forth in article 15 of this chapter unless the planning and building director determines that the proposed modifications or refurbishing will not change the existing size, material, colors, design, lighting, lettering style or location of the sign.

3. Application For Design Review: The application for design review shall be made on a printed form furnished by the planning and building department. The application must contain a description of the property on which the sign is located or is proposed to be erected and must be accompanied by the specifications for the new or modified sign, including the materials, colors, design, lighting and copy and the square footage of the surface area of the sign.

D. Regulations And Specifications: No person shall erect or maintain a sign in the C-1 zone unless it conforms to the following regulations as applicable: (Ord. 096-1093, 7-10-1996)

1. Maximum Number Of Authorized Signs On Buildings: On the facade of a building that is occupied by one or more business enterprises, one wall sign and one blade sign are authorized for each ground floor retail business. All other businesses in that building are only allowed one wall sign. If pedestrian entrances, intended for public use, also exist on one or more sides of that building, one additional sign is authorized on each side for each business enterprise occupying that building. (Ord. 099-1134, 10-13-1999)

2. Maximum Size Of Signs And Sign Areas On Buildings:

a. In a building occupied by more than one business enterprise, the total sign area on the exterior facade of that building may not exceed one hundred twenty (120) square feet, and no individual sign may exceed four percent (4%) of the facade area or sixty (60) square feet, whichever is less.

b. In a building occupied by only one business enterprise, the total sign area on the exterior facade of that building may not exceed ninety (90) square feet.

c. In a building having pedestrian entrances that do not face a public street, no sign may be authorized which has an area in excess of fifty percent (50%) of the maximum size authorized in subsections D2a and D2b of this section. (Ord. 096-1093, 7-10-1996)

d. The maximum size for any blade sign shall not exceed six (6) square feet in area. (Ord. 099-1134, 10-131999)

3. Maximum Height Of Signs On Buildings: No sign may be placed on any building at a height in excess of thirty feet (30') above grade, nor may any sign extend beyond the roof of any building to which it is attached. (Ord. 0961093, 7-10-1996)

4. Freestanding Or Movable Signboards And Umbrella Signs: Each business enterprise may erect or maintain umbrella signs and one signboard subject to the following requirements:

a. No freestanding or movable signboard may be of height in excess of four feet (4') and shall not exceed two feet (2') in width.

b. Freestanding and movable signboards and umbrella signs must be located entirely within private property and may not encroach into any public right of way.

• c. No umbrella shall exceed nine feet (9') in height.

• d. The canopy of any umbrella sign shall not exceed eight feet (8') in diameter.

e. The distance between the ground and the bottom of an umbrella sign valance shall be a minimum of six feet (6').

• f. The valance of an umbrella sign shall not exceed eight inches (8").

• g. Advertising shall be displayed only on the valance of an umbrella sign.

h. The only advertising that may be displayed on the umbrellas is the name of a single business enterprise located on the same property as the advertising sign. One sign is allowed for each valance panel. (Ord. 0-11-1258, 1012-2011)

5. Sign Content: After July 12, 1996, every sign constructed, altered or modified as to the copy, message, or text must provide at least eighty percent (80%) of its total signage area utilizing the Roman (Roman/English) alphabet, Arabic numbers and words in common with the English language, without other characters or characterizations.

Included in this eighty percent (80%) may be business identity, product, advertisement, logo or other copy of the business. Such area must contain the name of the business.

6. Sign Compatibility: The dimensions, design, colors, text, lettering and construction materials of all signs must be of a nature or quality so as to ensure compatibility with the architecture of the building on or near which the signs are to be located and with the architecture and aesthetics of the adjacent area.

7. Construction Standards:

• a. Fireproof Materials: All signs must be constructed using fireproof materials as specified in the city's building code.

b. Resistance To Wind Pressure: All signs, including any framework, support elements, bracing materials, or structural components, must be capable of withstanding wind pressures of at least twenty five (25) pounds per square foot, and all signs must be supported without the use of guy wires.

c. Illumination: All illuminated signs must be designed in such a manner as to prevent the undue glare or reflection of light on private property in the surrounding area. In no event may any illuminated sign exceed 10 candlepower at ten feet (10') from the face of the sign. Internally illuminated signs are limited to a maximum of 430 milliamps, including both ballast and lamps.

8. Location Requirements:

a. Obstruction Of Doors And Fire Escapes: No sign may obstruct any door, movable window, or fire escape of any building. No sign may be erected or maintained in, over, or upon any fire escape or standpipe used in connection with any building.

b. Fire Walls: No sign may be erected or maintained on the top of any fire wall, nor on the face of any fire wall of a building having two (2) or more stories.

9. Weeds And Rubbish: No weeds or rubbish of any kind may accumulate or exist within a distance of four feet

• (4') from any sign that is authorized in accordance with the provisions of this Article.

E. Real Estate Signs: Without the necessity of obtaining design review approval, signs are authorized which advertise the sale, lease or rental of real property in the C-1 Zone during such time as that real property is actually for sale, lease, or rent, subject to the following requirements:

1. The dimensions of a real estate sign may not exceed four feet by six feet (4' x 6').

2. The number of real estate signs on any property is limited to one per street or highway upon which the property abuts.

3. No real estate sign may be illuminated.

• F. Decorative Flags: Without the necessity of obtaining design review approval, one decorative flag may be installed on the exterior or interior of a building, subject to the following requirements:

1. No decorative flag may contain any advertising.

2. No decorative flag may be made of materials that are "luminescent" in color.

3. The dimensions of a decorative flag may not exceed three feet by five feet (3' x 5').

• G. Patriotic Flags: Without the necessity of obtaining design review approval, two (2) patriotic flags such as the flag of the United States and the flag of the State of California, may be installed on the exterior or interior of a building subject to the following requirements:

1. No patriotic flag may contain any advertising.

2. The dimension of the flag may not exceed three feet by five feet (3' x 5').

• H. Awning Signs: Without the necessity of obtaining design review approval, an awning sign may be installed by a business enterprise occupying space on the ground floor of a building, subject to the following requirements:

1. Only the name of a business enterprise may be printed or painted on an awning sign, and no awning may display the name of more than one business enterprise.

2. The signage on an awning sign may not exceed forty percent (40%) of the background area on which the signage is displayed.

• I. Temporary Window Signs: In addition to the signs authorized by other provisions of this Article, temporary window signs are authorized, subject to the following requirements:

1. No temporary window sign may be installed unless the Planning and Building Department has first issued a temporary sign permit. The sign permit will be issued without payment of any fee under any of the following circumstances: a) the submittal by the applicant of a plan, photograph, or other document which demonstrates compliances with all applicable requirements of this subsection I; or b) a telephone call or facsimile transmission by the applicant to City staff in which all pertinent information is conveyed concerning compliance with the requirements of this subsection I; or c) the installation of a temporary window sign conforming to the requirements of this subsection I and displaying, on the front or the back of that sign, the date on which that sign was first installed.

or b) a telephone call or facsimile transmission by the applicant to City staff in which all pertinent information is conveyed concerning compliance with the requirements of this subsection I; or c) the installation of a temporary window sign conforming to the requirements of this subsection I and displaying, on the front or the back of that sign, the date on which that sign was first installed.

2. Only one temporary window sign may be installed on any storefront having a window which is twenty five feet (25') in length, or less. On store fronts having a window which exceeds twenty five feet (25') in length, one additional temporary window sign may be installed for each additional twenty five feet (25') of window length, or portion thereof.

3. Temporary window signs must be made of fireproof materials.

4. No temporary window sign may cover more than twenty five percent (25%) of the window area.

5. No temporary window sign may be placed across more than one window.

6. A temporary window sign may be affixed only to the inside of a window.

7. No temporary window sign having "luminescent" colors may be installed.

8. A temporary window sign may be installed only in connection with the advertisement of sales or short-term promotions, the announcement of the opening, closing, or change in ownership of a business, and signage related to remodeling or construction, subject to the following limitations:

a. A temporary window sign advertising a sale or short-term promotion may be installed for a maximum of fifteen (15) consecutive days and must then be removed. Following that removal, no new temporary window sign may be installed until thirty (30) days have elapsed. In no event will temporary window signs be authorized for more than four (4) events per calendar year, and no temporary window signs may be installed for a period in excess of one hundred (100) days in any calendar year, including the holiday season referenced below in subsection I8b of this Section.

b. Notwithstanding the limitations set forth above in subsection I8a of this Section, temporary window signs, including holiday decorations, may be installed for the entire period commencing on Thanksgiving Day and continuing through January 2 of the succeeding year.

c. A temporary window sign that announces the opening, closing or change in ownership of a business may be installed only once during any calendar year and may remain in place for a maximum of sixty (60) consecutive days following which it must be removed.

d. A temporary window sign that depicts remodeling or construction work occurring at the subject property. The window sign shall not exceed 3.3 square feet, nor a length in excess of twenty eight inches (28"). The sign must be removed at the end of construction.

J. Prohibited Signs: The following signs are expressly prohibited:

1. New Off-Premises Signs And Advertising Displays: As of July 12, 1996, all new off-premises signs and offpremises advertising displays are prohibited.

2. Signs Upon Public Property And Within The Public Right Of Way: Unless subject to an exception stated below, the placement of all signs is prohibited within the public right of way and upon public property including, without limitation, any notice, placard, handbill, card, poster, sticker, banner, sign or other medium of advertising.

Public property includes, without limitation, any public street, walkway, sidewalk, parkway, alley, crosswalk or other right of way, bridge, wall, monument, curb, lamppost, hydrant, tree, vegetation, or any component of a police or fire alarm system, or any property of a public utility which maintains that property in accordance with easements obtained from the City or conferred by statute. These prohibitions do not apply to the following:

• a. Public notices or signs authorized and posted pursuant to law, including traffic signs.

• b. Signs posted by public agencies and public utilities.

• c. Informational, directional and warning signs required or authorized by law for the protection of the public health, safety and welfare.

• d. Signs posted by or at the direction of any duly authorized City officer or employee, which signs announce or relate to City sponsored activities or events.

3. Signs Unauthorized By Private Property Owner: All signs otherwise authorized by the provisions of this Section are prohibited if affixed to or placed upon any private property or improvement thereon without the consent of the property owner, or the property owner's authorized agent.

4. Signs Jeopardizing Traffic Safety: All signs are prohibited which resemble any traffic-control device or which create a safety hazard by obstructing the clear view of pedestrians or vehicular traffic.

5. Signs Interfering With Public Utilities: All signs are prohibited which are placed in violation of any rule or regulation of the California Public Utilities Commission relating to the horizontal and vertical clearance of signs from public utility lines or other utility installations.

6. Signs With Certain Features: All signs are prohibited which have any of the following features:

• a. Signs which generate particular matter, such as bubbles, smoke, confetti or ashes.

• b. Signs which emit or amplify any sounds or noise.

• c. Signs which revolve, rotate, oscillate, or move, excluding clocks and thermometers.

• d. Signs having letters, figures, characters or designs which are illuminated by electrical lights or by luminous tubes and which intermittently flash, blink or illuminate in cycles more frequent than one cycle per minute.

• e. Signs which flash, glitter or shimmer, except for approved signs displaying a programmable electronic message and exempt holiday decorations.

• f. Signs illuminated by any spotlight, reflector or beacon that is visible from any adjacent residential property or public right of way.

• g. Signs containing or consisting of any visible or exposed neon tubing which is used for the purpose of illumination.

• h. Signs illuminated by lighting which changes in color or intensity of color.

• i. Signs illuminated with such intensity or brightness so as to interfere with traffic safety or to constitute a public or private nuisance.

7. Signs Containing "Obscene Matter": All signs are prohibited which contain or depict "obscene matter" as that term is defined in section 311 of the California Penal Code.

8. Signs Jeopardizing Fire Safety: All signs are prohibited which are placed in such a location or in such a manner as to interfere with the use of or access to any fire door, fire escape, exit, stairway, standpipe, ventilator or window in any building or structure.

9. Real Estate Directional Signs: All off-premises signs are prohibited which designate the direction or location of real property which is for sale, lease, or rental, including signs in the nature of banners and signs containing directional arrows.

10. Signs Advertising Discontinued Activities: All signs are prohibited which advertise an activity, business enterprise, commodity or service for any period in excess of forty five (45) days after that activity or business enterprise has terminated or that commodity or service is no longer offered.

11. Signs Advertising Prohibited Business Operations: All signs are prohibited which advertise a commercial activity or business enterprise that is not authorized by this code.

12. Signs In Disrepair: All signs are prohibited which are abandoned, or which are in an unsafe condition, or which are improperly maintained so as to expose deteriorated conditions, such as peeling paint, inoperative electrical components, or loose hanging paper, cloth, wood, or similar materials. (Ord. 096-1093, 7-10-1996)

13. Roof Signs: Roof signs which identify or advertise a business located on the premises, or which convey any message whatsoever, are prohibited.

14. Freestanding Pole Signs: Signs which are not affixed to any building and which are supported by one or more poles, either within or upon the ground, are prohibited. (Ord. 096-1093, 7-10-1996; amd. Ord. 099-1134, 10-13-1999)

15. Signs Which Unlawfully Encroach: All signs are prohibited which encroach upon or project into private property adjacent to the property on which the sign is located, without the written consent of the adjacent property owner, and all signs, with the exception of blade signs legally constructed in accordance to this article, are prohibited which encroach upon or project into a public right of way or an established setback line without the city's approval by means of a duly issued encroachment permit. (Ord. 099-1134, 10-13-1999)

16. Signs Attached To Vehicle: All signs are prohibited which are attached in a temporary manner to any vehicle, excluding, however, any sign painted upon or attached to the body of a public transportation vehicle, or to a vehicle regularly used in a business enterprise to which the sign pertains, or to vehicles sold by a new or used car dealer. This prohibition does not preclude the display of bumper stickers on a vehicle.

e: All signs are prohibited which are attached in a temporary manner to any vehicle, excluding, however, any sign painted upon or attached to the body of a public transportation vehicle, or to a vehicle regularly used in a business enterprise to which the sign pertains, or to vehicles sold by a new or used car dealer. This prohibition does not preclude the display of bumper stickers on a vehicle.

17. Illuminated Nonconforming Roof And Freestanding Pole Signs: No illuminated roof sign or freestanding pole sign which, as of July 12, 1996, has become nonconforming, may continue to be illuminated after the hour of ten o'clock (10:00) P.M. if that illumination causes light or glare to adversely affect any adjacent residential real property.

18. Signs Not Expressly Permitted Or Exempted: All signs are prohibited which are not expressly permitted or exempted by the provisions of this section or by any other applicable provisions of this code. (Ord. 096-1093, 7-101996, amd. Ord. 099-1134, 10-13-1999)

K. Signs Made Nonconforming By 1996 Ordinance:

1. Temporary Window Signs: Any existing temporary window sign which was lawfully installed and which has become nonconforming solely as a consequence of the regulations set forth in this section must either be removed or brought into compliance with the requirements specified in this section within thirty (30) days after July 12, 1996.

2. Nonconforming Signs And Advertising Displays: All existing signs and advertising displays which were lawfully installed and which have become nonconforming solely as a consequence of the regulations set forth in this section may continue in existence, subject to the following requirements:

a. Each legal nonconforming sign and advertising display must be adequately maintained at all times.

b. No legal nonconforming sign or advertising display may be relocated or replaced, nor modified with regard to its size or the content of any advertising matter or message which is displayed.

c. Each legal nonconforming sign and advertising display is subject to abatement in accordance with the provisions of article 6 of this chapter. (Ord. 096-1093, 7-10-1996)

L. Blade Signs: In addition to other applicable requirements of this article blade signs are allowed subject to the following:

1. Blade signs, and all attached portions that project over the public right of way, shall be placed at least seven feet (7') above any sidewalk but in no event any higher than the first floor plate line of any building.

2. Up to a maximum of two (2) blade signs shall be allowed for any retail business with two (2) building facades each facing a public street. (Ord. 099-1134, 10-13-1999)

23.12.02: SIGNS IN R-1 ZONE:

A. Signs Prohibited: Except for the signs authorized in subsection B of this section, all signs are prohibited in the R-1 zone of the city.

• B. Real Estate Signs:

1. For Sale, Lease Or Rent Signs: One on-premises sign advertising the sale, lease or rental of improved or unimproved property within the R-1 zone is authorized during such time as that real property is actually for sale, lease or rent, subject to the following requirements:

a. The real estate sign may not have a total area in excess of 3.3 square feet, nor a length in excess of twenty eight inches (28").

• b. The real estate sign must be located not less than ten feet (10') from any side line of the lot upon which that

sign is placed, and the top of the sign may not exceed thirty six inches (36") above grade.

• c. No real estate sign may be illuminated.

2. Residential Subdivision Signs: One nonilluminated freestanding residential subdivision sign is authorized for the purpose of advertising the initial sale or lease of a development consisting of up to five (5) acres, and one additional freestanding residential subdivision sign is authorized for each additional five (5) acres, or portion thereof, subject to the following requirements:

• a. The sign may not have dimensions in excess of ten feet by twelve feet (10' x 12').

b. The sign must be placed not less than one hundred fifty feet (150') from any residence that is adjacent to, and not part of, the residential subdivision. (Ord. 096-1093, 7-10-1996)

A. All Signs Prohibited: No signs of any nature are authorized in the P&R zone of the city. (Ord. 096-1093, 7-101996)

A. Purpose: A master sign plan is intended to integrate identification signs into the architectural design of the building, thereby creating an architectural statement of high quality. A master sign plan provides a flexible means of applying and modifying the sign regulations in this chapter to ensure high quality in the design and display of multiple permanent signs on multi-tenant buildings and to encourage creativity and excellence in the design of signs. It is expected that the design quality of signs proposed under a master sign plan will be of a superior quality and creativity to those that might result through the normal sign permit process.

B. Applicability: The approval of a master sign plan shall be required and obtained from the planning commission for all new buildings in the C-1 zone in the following circumstances:

1. Whenever two (2) or more separate commercial tenant spaces are created on the same parcel;

2. Whenever two (2) or more signs are proposed for a building.

C. Existing Buildings With Nonconforming Signs: Any sign made nonconforming by the provisions of this chapter, may be so continued and maintained until a master sign plan is reviewed and approved by the design review committee (DRC). The processing fees for a master sign plan shall be waived if an application is submitted to the planning and building department within two (2) years of the adoption of this section. This period shall be determined according to the following provision:

1. A fee exemption period shall begin on the adoption date hereof and a notice will be sent by first class mail by the planning and building director to the owner(s) of multi-tenant commercial properties.

D. Approval Authority: A master sign plan shall be approved by the DRC before the issuance of a building permit. In approving a master sign plan, the DRC shall find that the plan's contribution to the design quality of the site and the

surrounding area will be superior to the quality that would result under the standard regulations of this chapter.

E. Modification Of Regulations: A master sign plan may include sign regulations that are, at the same time, more restrictive in some respects than the regulations currently established in this chapter. Allowed modifications may relate to sign area, number of signs, height, and location.

F. Application Requirements: A master sign plan shall include all information and materials identified below, and the filing fee in compliance with the most current city council's fee resolution.

1. An accurate plot plan of the entire lot on which the use will be located at a scale of not less than one inch to one hundred feet (1"=100').

2. Location of buildings, parking lots, driveways and landscaped areas on the lot.

3. A table (or tables) containing:

• a. Computation of the maximum total sign area;

• b. Maximum area for individual signs;

• c. Height of signs; and

• d. Statement of the maximum total sign area and maximum number of signs permitted on the site by this code.

4. An accurate indication on the plot plan of the location and orientation of each sign for which a permit is currently being requested, and the anticipated location of future signs requiring a permit.

5. A description and illustration of the following may be required:

• a. Colors and materials to be used in sign construction;

• b. Style of lettering for all signs;

• c. Appearance/location of logos or icons;

• d. Location of each sign on the building(s), with building elevations if necessary;

• e. All sign proportions; and

• f. Types of illumination.

• G. Findings: In order to approve a master sign plan, the following findings shall first be made:

1. The master sign plan complies with the purpose of this chapter, including the commercial design guidelines;

2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development;

3. The master sign plan contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and

4. The master sign plan complies with the standards of this chapter.

• H. Revisions To Master Sign Plans:

1. Revisions to master sign plans may be approved by the DRC if the intent of the original approval is not affected.

2. Revisions that would substantially deviate from the original approval shall require the approval of a new master sign plan. (Ord. 0-10-1235, 7-30-2010)

ARTICLE 13 FENCES AND WALLS

A. From and after January 27, 1955, no fence, gate, pilaster or wall shall be built, erected, constructed, enlarged, relocated or structurally altered in the City except in conformity with the provisions of this Article. No hedge shall be planted or maintained in the City except in conformity with the provisions of this Article.

B. No provisions of this Article shall be deemed to mitigate any of the provisions of the City Building Code 1 nor to conflict with the setback requirements of this Chapter. (Ord. 096-1093, 7-10-1996)

Notes

1 1. See Chapter XXV, Article 02 of this Code.

A. Permit Required: No person shall build, erect, construct, enlarge, relocate or structurally alter any fence, yard wall or retaining wall in the City, or cause or direct such work without first having obtained therefor a permit from the Planning and Building Director.

B. Application For Permit; Fee: Written application, provided by the Planning and Building Department for the permit required by subsection A of this Section shall be submitted to the Planning and Building Department. A payment of a permit fee in accordance with the amount as required by City Council resolution shall be paid upon submittal of application.

C. Issuance Or Referral To Commission: Upon the receipt of the application and the fee required by subsection B of this Section, the Planning and Building Director shall examine the application, and if the Director finds therefrom that the proposed fence or wall conforms with the requirements of this Article, the Director shall issue the permit. If, on the other hand, the Director finds that it does not so conform, he/she shall refer the application to the Commission for either a variance or conditional use permit as required by this Code.

D. Processing Requests For Variances And Conditional Use Permits: The Commission shall process requests for variances and conditional use permits in accordance with Article 07 of this Chapter. (Ord. 096-1093, 7-10-1996)

Notes

2 2. See subsection 23.13.04G of this Article.

No fence, yard wall or retaining wall shall be erected, constructed or maintained or permitted to be erected, constructed or maintained in the C-1 Zone unless it conforms with the following regulations:

• A. Heights:

1. Height Limit: Height shall not exceed six feet (6').

2. Exposed Vertical Surfaces: The exposed vertical surface of a yard wall or the total combined height of the exposed vertical surfaces of a yard wall and a supporting retaining wall shall not exceed six feet (6') in height. For the purpose of this Article, a "supporting retaining wall" is defined as one within a distance of less than four feet (4') from the yard wall.

3. Retaining Walls Exceeding Height 1 Limits: Retaining walls exceeding the height limitations established in subsection A2 of this Section may be constructed if approved by the Commission.

B. Distance From Property Line: No part of any fence, yard wall or retaining wall shall be constructed within a distance of less than two inches (2") from any property line unless the written approval thereof by the owner of the adjoining lot is obtained.

C. Structural Design Of Retaining Walls: The structural design of retaining walls shall conform to the requirements of the applicable provisions of the Uniform Building Code 2 .

• D. Conformance: All fences, yard walls and retaining walls shall conform to the requirements of the applicable provisions of the Building Code.

E. Wire And Electric Fences: No fence or yard wall shall be constructed of hog wire, barbed wire, or sharp pointed material, and no electrically charged fence shall be erected, constructed or maintained in the City.

F. Height: The height of any fence, yard wall or hedge at any point shall be defined as the difference in elevation measured between the top of the fence, yard wall or hedge and the finished ground surface at a point one foot (1') from the fence, yard wall, or hedge measured at right angles from the height of a retaining wall and shall be defined as the height of its exposed vertical surface.

G. Permitted Chainlink Fences: A chainlink fence visible from a public right-of-way shall be permitted to be erected on the property only during the period of building construction under a valid permit. The fence shall be removed within twenty four (24) hours of the completion of construction or the expiration of the permit, whichever shall come first. Any existing chainlink fencing visible from a public right-of-way which was lawfully installed and which has become nonconforming solely as a consequence of the regulations set forth in this section must either be removed or brought into compliance with the requirements specified in this section within thirty (30) days after July 12, 1996. (Ord. 096-1093, 7-10-1996)

Notes

A. General Requirements: The following requirements shall apply to all fences, gates, pilasters, yard walls, hedges and retaining walls:

1. All yard walls and retaining walls shall have weep holes or openings not more than two inches (2") in diameter at intervals of not more than ten feet (10'), so located as to permit the natural flow of surface drainage water.

2. All fences, yard walls and retaining walls shall conform to the requirements of the applicable provisions of the Building Code.

3. No fence or yard wall shall be constructed of hog wire, barbed wire or sharp pointed material, and no electrically charged fence shall be erected, constructed or maintained in the City.

4. No fence in the front yard area or in the side yard area facing a street of a corner lot shall be constructed of chainlink or other wire material except as provided for in section 23.13.05 of this article.

5. The height of any fence, gate, pilaster, yard wall or hedge at any point shall be defined as the difference in elevation measured between the top of the fence, gate, pilaster, yard wall or hedge and the finished ground surface at a point one foot (1') from the fence, gate, pilaster, yard wall or hedge measured at right angles from the low side (the side with the greatest exposed surface). The height of a retaining wall shall be defined as the height of its exposed vertical surface.

B. Front Yard Requirements: All fences, gates, pilasters, yard walls, retaining walls or hedges located in the front yard area shall conform to the requirements set forth herein:

1. Setback: No fence, gate, pilaster, yard wall or retaining wall shall be located and maintained less than eighteen inches (18") from the front property line or the distance established by the DRC for safety reasons 1 .

2. Height:

• a. No fence, yard wall or retaining wall in Area District III, IV, V, VI or VII shall exceed four feet (4') in height.

• b. No fence, yard wall or retaining wall in Area District I or II shall exceed five feet six inches (5'6") in height. c. Fences, yard walls and retaining walls less than twenty feet (20') from the side street property line on a corner lot abutting a key lot shall not exceed four feet (4') in height. (Ord. 096-1093, 7-10-1996)

• d. No hedge shall exceed four feet (4') in height in the required front yard in the R-1 Zone. In Districts IE and I only, no hedge shall exceed the greater of four feet (4') or the height of an existing and legally permitted chainlink or wire front yard fence. This does not apply to hedges on properties fronting Huntington Drive, Sierra Madre Boulevard, California Boulevard, Los Robles Avenue, San Gabriel Boulevard, and Oak Knoll Avenue (north of Huntington Drive). Hedges on these specific streets shall not exceed eight feet (8') in height. (Ord. 0-11-1251, 5-27-2011)

3. Pilasters And Gates: No pilaster with cap or gate shall exceed six inches (6") above the height of the applicable fence or yard wall limit provided in subsection B2 of this section.

4. Ornamental Features: Ornamental features or lights on gate pilasters shall not exceed twelve inches (12") above the height of the pilaster or the height determined by the Design Review Committee.

5. Maximum Opaqueness:

• a. Fences, gates or yard walls which do not exceed three feet (3') in height may have a total front surface area which is one hundred percent (100%) opaque.

• b. Fences or yard walls which are more than three feet (3') in height but do not exceed three feet six inches

• (3'6") in height may not have a total front surface area which is more than fifty percent (50%) opaque.

• c. Fences or yard walls which exceed three feet six inches (3'6") in height may not have a total front surface area which is more than twenty five percent (25%) opaque.

6. Retaining Walls And Related Fence And Yard Wall Setbacks:

• a. No retaining wall shall exceed four feet (4') in height.

• b. No retaining wall shall be located less than eighteen inches (18") from the front property line or the side property line facing a street on a corner lot.

• c. Fences or yard walls in a front yard, which has a retaining wall at the minimum setback in the front yard, shall be set back from the retaining wall a distance equal to twice the height of the retaining wall.

• C. Required Side Yard: All fences, gates, pilasters, yard walls and retaining walls located in the required side yard shall conform to the requirements set forth herein:

1. Setback:

a. No fence, pilaster, yard wall, or retaining wall shall be located less than two inches (2") from the side property line between two abutting residential properties, except by written mutual consent between the property owners.

b. With the exception of fences, gates, pilasters, yard walls, or retaining walls abutting an alley, no fence, gate, pilaster, yard wall, or retaining wall in the required side yard facing a street on a corner lot shall be located less than eighteen inches (18") from the property line or the distance established by the DRC for safety reasons.

2. Height:

• a. Fences, yard walls and retaining walls within the required side yard shall not exceed six feet (6') in height.

• b. Fences, gates, pilasters, yard walls, and retaining walls less than twenty feet (20') from the side street property line on a corner lot abutting a key lot shall not exceed four feet (4') in height.

• c. Fences, gates, pilasters, yard walls, and retaining walls less than twenty feet (20') from the front street property line abutting any alley shall not exceed four feet (4') in height.

d. Where the existing grade between a residential property that abuts an alley is greater than two feet (2'), as measured from the residential property, the maximum height of the fence and wall may be increased to a total height of twelve feet (12').

3. Pilasters And Gates: No pilaster with cap, or gate facing the street, within the side yard of a corner lot, shall exceed six inches (6") above the height of the applicable fence or yard wall limit provided in subsection C2 of this section.

4. Ornamental Features: Ornamental features or lights on gate pilasters shall not exceed twelve inches (12") above the height of the pilaster, or the height determined by the Design Review Committee.

5. Finished Material:

• a. Fences, walls, and gates located adjacent to an alley shall be constructed of solid wood, masonry, tubular steel, or wrought iron.

D. Required Rear Yard: All fences, gates, pilasters, yard walls and retaining walls located in the required rear yard shall conform to the requirements contained herein:

1. Setback:

a. No fence, yard wall or retaining wall between two abutting residential properties shall be located less than two inches (2") from the rear property line, except by written mutual consent between the property owners.

b. With the exception of fences, gates, pilasters, yard walls or retaining walls abutting an alley, no fences, gates, pilasters, yard walls or retaining walls shall be located less than eighteen inches (18") from the rear property line facing the street of a lot.

2. Height:

a. Fences, yard walls and retaining walls within the required rear yard shall not exceed six feet (6') in height; provided:

b. Fences, gates, pilasters, yard walls and retaining walls less than twenty feet (20') from the side street property line on a corner lot abutting a key lot shall not exceed four feet (4') in height.

c. Where the existing grade between a residential property that abuts an alley is greater than two feet (2'), as measured from the residential property, the maximum height of the fence and wall may be increased to a total height of twelve feet (12').

3. Pilasters And Gates: No pilaster with cap, or gate facing the street, within the rear yard of a corner lot, shall exceed six inches (6") above the height of the applicable fence or yard wall limit provided in subsection D2 of this Section.

4. Ornamental Features: Ornamental features or lights on gate pilasters shall not exceed twelve inches (12") above the height of the pilaster, or the height determined by the Design Review Committee.

5. Finished Material:

a. Fences, walls, and gates located adjacent to an alley shall be constructed of solid wood, masonry, tubular steel, or wrought iron.

E. Exceptions:

1. Exception To Height Or Setback Requirements: No exception to the height or setback requirements contained in this Section shall be permitted except by the issuance of a variance pursuant to the procedures contained in Section 23.07.01 of this Chapter.

2. Exception To Opaqueness Requirement: No exception to the maximum opaqueness allowed by this Section shall be permitted except by the issuance of a conditional use permit pursuant to the procedures contained in Section 23.07.01 of this Chapter.

• F. Existing Nonconforming Structures:

1. Any fence, gate, pilaster, yard wall or retaining wall constructed or planted prior to October 31, 1987, and any hedge planted or higher than four feet (4') prior to October 30, 1991, and not conforming with the requirements of this Article shall be classified as nonconforming and permitted as an existing nonconforming structure. These existing nonconforming structures shall be subject to all applicable provisions concerning nonconforming uses as same are contained in Section 23.06.08 of this Chapter.

2. No nonconforming fence, gate, pilaster, yard wall, retaining wall or hedge which is more than fifty percent (50%) destroyed may be replaced unless such replacement complies with this Section.

G. Permit Requirements 1 :

1. No fence, gate, pilaster, yard wall or retaining wall may be constructed without first obtaining a fence permit from the City.

2. A fence permit for a fence, gate, pilaster, yard wall or retaining wall located in a side or rear yard that is not adjacent to a public street shall be granted by the Planning and Building Department if the proposed fence, gate, pilaster, yard wall or retaining wall complies with the requirements of this Code.

3. Applications for a fence permit for a fence, gate, pilaster, yard wall or retaining wall located in a front, side or rear yard adjacent to a street shall be subject to design review. The procedure for processing a fence permit pursuant to this Section shall be the same as for processing design review pursuant to Article 15 of this Chapter. The Design Review Committee or Commission shall approve a fence permit only if it makes each of the following findings:

a. That the proposed fence, gate, pilaster, yard wall or retaining wall is architecturally compatible with the existing residence.

b. That the proposed fence, gate, pilaster, yard wall or retaining wall is consistent with the size and location of fences, gates, pilasters, yard walls and retaining walls on the block on which the property is located.

c. That the proposed fence, gate, pilaster, yard wall or retaining wall preserves site lines and is otherwise located in a manner not to create a hazard to pedestrian or vehicular traffic.

d. The Design Review Committee or Commission may impose conditions necessary to make the required findings. Such conditions may include prohibiting or requiring the installation and maintenance of landscaping. The Design Review Committee or Commission may reduce the maximum permitted height, increase the minimum required setback and decrease the maximum permitted opacity of any fence, gate, pilaster, yard wall or retaining wall located in the front yard. The Design Review Committee or Commission may not reduce the maximum permitted height, increase the minimum required setback or decrease the maximum permitted opacity of any fence, gate, yard wall or retaining wall located in a side yard adjacent to a street; except, that the Design Review Committee or Commission can increase the minimum setback for a gate providing access to a driveway in order to protect pedestrian or vehicular traffic. Following the same procedures for granting a fence permit, the Design Review Committee or Commission may revoke a fence permit and require removal of the fence, gate, pilaster, yard wall, retaining wall or any part thereof if it finds that the property owner has violated any condition of the fence permit. (Ord. 096-1093, 7- 10-1996; amd. Ord. 0-19-1354, 10-9-2019)

Notes

1 1. See subsection 23.15.03F of this chapter.

1 1. See Section 23.13.02 of this Article.

A chainlink fence shall be permitted to be erected in the front yard area or a side yard area of a corner lot only during the period of building construction under a valid permit. The fence shall be removed within twenty four (24) hours of the completion of construction or the expiration of the permit, whichever shall come first. (Ord. 096-1093, 7-10-1996)