Article 19 — PRESERVATION OF TREES

This section applies only to trees in the R-1 and C-1 zones; excepting trees in the public parkways adjacent to the R-1 and C-1 zones, which are subject to Chapter 18 of this Code.

(Ord. O-20-1369, 2-10-2021)

CERTIFIED ARBORIST: An individual who has been tested by, and is currently certified as an "arborist," by the International Society of Arboriculture (ISA).

DAMAGE: Any action taken which causes death or irreversible damage, injury, or disfigurement to a tree. This includes, but is not limited to, severe pruning, topping, poisoning, drilling, under or over watering or improperly transplanting. Confirmation of death or irreversible damage shall be determined by the Director of Community Development or his/her designee.

DEAD TREE: A tree that is no longer alive or that has been damaged so extensively that it cannot recover or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches, exists to sustain life) and has been determined to be in such condition by a certified arborist.

ESTABLISHED TREE: A tree that is not a heritage tree or an oak tree, that is at least fifteen feet (15') in height, and/or whose trunk diameter is at least six inches (6") at its widest point, when measured at a point four and one-half feet (4.5') above natural grade.

HAZARD OR HAZARDOUS: A potential source of imminent harm or danger to a person or property.

HEDGE: A row of planted trees, shrubs or other vegetation that forms a physical boundary or barrier, or otherwise obscures visibility into or onto the property upon which it is located.

HERITAGE TREE: A tree that is at least fifteen feet (15') in height, and/or whose trunk diameter is at least four inches (4") at its widest point, when measured at a point four and one-half feet (4.5') above natural grade, and is one of the following: Platanus racemosa (Western Sycamore), Juglans californica (California Black Walnut), Sambucus nigra (Elder), Sambucus Mexicana (Mexican Elderberry), Aesculus californica (California Buckeye), Salix lasiolepis (Arroyo Willow), Populus fremontii (Fremont Cottonwood), Alnus rhombifolia (White Alder), Umbellularia californica (California Bay Laurel), Populus trichocarpa (Black Cottonwood), Ginkgo biloba (Maidenhair), Cedrus deodora (Deodar Cedar), Pinus canariensis (Canary Island Pine), Pinus halepensis (Aleppo Pine), Pinus pinea (Stone Pine), Pinus thunbergiana (Black Pine), Sequoia sempervirens (Coast Redwood), Taxodium mucronatum (Montezuma Cypress), Calocedrus decurrens (California Cedar), Cupressus sempervirens (Mediterranean Cypress), Podocarpus gracilior (African Fern Pine), Magnolia grandiflora (Southern Magnolia), Magnolia xsoulangeana (Chinese Magnolia),Cinnamomum camphora (Camphor), Persea Americana (Avocado), Liquidambar styraciflua (Sweetgum), Ulmus parvifolia (Chinese Elm), Ficus microcarpa (Chinese banyan), Quercus agrifolia (Coast Live Oak), Quercus engelmannii (Engelmann or Pasadena Oak), Quercus ilex (Holly Oak), Quercus lobata (Valley Oak), Quercus suber (Cork Oak), Brachychiton discolor (Lacebark), Brachychiton populneus (Kurrajong), Chorisia speciose (Silk Floss Tree), Arbutus unedo (Strawberry Tree), Prunus caroliniana (Carolina Cherry-Laurel), Pyrus kawakamii (Evergreen Pear), Cassia spp (Golden Shower Tree), Ceratonia silique (Carob), Lagerstroemia indica (Crepe Myrtle), Callistemon spp (Bottlebrush), Eucalyptus citriodora (Lemon-Scented Gum), Melaleauca quinquenervia (Paper Bark Tea Tree), Grevillea robusta (Southern Silky Oak), Cupaniopsis anacardioides (Carrotwood), Koelreuteria spp (Chinese Flame

Tree), Schinus molle (California Pepper Tree), Citrus sinensis (Sweet Orange), Fraxinus uhdei (Shamel Ash), Olea europaea (Olive Tree), Jacaranda mimosifloria (Blue Jacaranda), Tabebuia spp (Tabebuia), Brahea edulis (Guadalupe Palm), Butia capitate (Jelly Palm), Phoenix canariensis (Canary Island Date Palm), Syagrus romanzoffianam (Queen Palm), Washingtonia filifera (California Palm), Washington robusta (Mexican Fan Palm), Cedrus atlantica (Atlas Cedar),and Cedrus atlantica (Blue Atlas).

IRREVERSIBLE: Any damage to the structure, shape or health of a tree from which the tree is unable to substantially recover within a three (3) year period, as determined by the Director of Community Development or his or her designee.

MULTI-TRUNK: Any tree with multiple trunks attributed to a single plant. The diameter of each trunk shall be measured at its widest point, when measured at a point four and one-half feet (4.5') feet above natural grade, and the combined trunk diameters shall be used to determine the tree's size for the purposes of this section.

OAK TREE: A tree that is at least fifteen feet (15') in height, and/or whose trunk diameter is at least four inches (4") at its widest point, when measured at a point four and one-half feet (4.5') above natural grade, and is of the genus Quercus, including, but not limited to, Quercus agrifolia (coast live oak), Quercus dumosa (coastal scrub oak), Quercus engelmannii (engelmann oak), Quercus berberidifolia (scrub oak), Quercus lobata (valley oak), and Quercus virginiana (southern live oak).

SEVERELY PRUNE: To remove foliage or branches from a tree in a manner that causes irreversible injury to the shape, health or natural growth of the tree, or that irreversibly disfigures or kills the tree. Confirmation of severe pruning shall be determined by the Director of Community Development or his/her designee.

TOP: To severely cut back the limbs within a tree's crown(s) to stubs larger than three inches (3") in diameter, to such degree so as to remove the normal canopy, or irreversibly disfigure or kill the tree. Confirmation of topping shall be determined by the Director of Community Development or his/her designee.

TRANSPLANT: To relocate a tree and its root system from its original location and replant the tree in a proper manner at another location that does not harm the health or vigor of the tree.

TREE: A perennial plant having a permanent, woody, self-supporting main stem or trunk(s) growing to a considerable height, regardless of whether it is commonly known as a "tree" or "shrub."

TREE APPRAISAL: A method of determining the monetary value of a tree as it relates to the real estate value of the property upon which it is located and upon the surrounding neighborhood or community. When required, a certified arborist shall appraise a tree's basic value by its condition, location and species using the most recent edition of the ISA Guide for Plant Appraisal.

TREE HEIGHT: Tree height shall be measured from the natural grade to the upper most foliage of the canopy. TREE TRIMMING OR TREE PRUNING: A common tree maintenance procedure that is required to ensure the ongoing health, safety and attractive condition of the tree. Tree trimming may include specific pruning types such as cleaning, thinning, crown raising and reduction. Tree trimming shall follow the tree pruning techniques established by the ISA for "Pruning Mature Trees."

TREE RESTORATION PLAN: A plan prepared by a certified arborist that outlines measures to restore the natural condition of one or more trees and the tree canopy on the property where the trees are located. Such plan shall take into account the building area or building footprint, other existing trees and landscaping, utility or power lines and appropriate tree selection methods as described by ISA guidelines.

TION PLAN: A plan prepared by a certified arborist that outlines measures to restore the natural condition of one or more trees and the tree canopy on the property where the trees are located. Such plan shall take into account the building area or building footprint, other existing trees and landscaping, utility or power lines and appropriate tree selection methods as described by ISA guidelines.

TREE PROTECTION PLAN: A plan prepared by a certified arborist that outlines measures to protect and preserve trees in connection with a construction project. This plan shall include requirements for preconstruction treatments during demolitions and/or construction; establishment of a tree protection zone for each tree that is to be retained; establishment of a tree monitoring and inspection schedule, and provide for continued maintenance of trees after construction.

(Ord. O-20-1369, 2-10-2021)

A. Prohibition On Tree Removal Without A Permit: Except as authorized by a tree removal permit from the City, it shall be unlawful for any person to remove any established tree, heritage tree, or oak tree, whether alive, dead, diseased or dying, located on any lot in the R-1 or C-1 zones.

B. Prohibition On Damage, Severe Pruning Or Topping: It shall be unlawful for any person to severely prune, top or damage an established tree, heritage tree, or oak tree on any lot in the R-1 or C-1 zones. (Ord. O-20-1369, 2-10-2021)

• A. Findings For Approving A Tree Trimming Application:

1. A tree trimming permit may be issued in either of the following instances:

a. Where a written determination has been made by a certified arborist or a state-licensed tree trimmer that the excess foliage or limbs of the tree pose a reasonable risk of injury or harm to persons or property or are substantially interfering with the structural integrity or the use of an existing structure (including, but not limited to, a fence or wall) and there is no feasible and reasonable alternative to mitigate the interference; or

b. Where a written determination has been made by a certified arborist or a state-licensed tree trimmer, after a visual inspection or scientific evaluation, that the limbs proposed to be trimmed are diseased or damaged or are detrimental to the structural integrity of the tree. The Community Development Director or the Planning Commission may waive the requirement for a certified arborist's written statement when the proposed limbs to be trimmed can reasonably be determined to be dead by a layperson's visual inspection, or when, after conducting an inspection of the tree, the Director of Community Development or the Director's designee determines that the tree poses an obvious and imminent threat to life or property.

• B. Requirements For A Tree Trimming Permit:

1. A tree trimming permit shall be required if:

• a. More than ten percent (10%) of the live foliage or limbs of a mature oak tree will be removed within a twelve

• (12) month period; or

• b. More than twenty percent (20%) of the live foliage or limbs of any heritage tree or established tree will be removed within a twelve (12) month period.

2. Any person applying for a tree trimming permit shall file with the Director of Community Development an application in writing on a form furnished by the Director. The application shall contain the following information:

• a. The name and residence or business address of the applicant;

• b. The location of the tree(s) and description of the species of the tree(s);

• c. A description of the proposed work including the reason for tree trimming. Photographs may be provided as exhibits, if desired;

• d. The name and state contractor's license number of the person who will perform the work. Permits shall only be issued to persons possessing a C-27 or C-61 (D-49) state contracting license;

• e. The tree trimming will be performed in accordance with ISA standards; and

• f. Additional information as the Director of Community Development may require.

3. No permit is required to trim an established tree or heritage tree damaged by a storm, fire or other natural disaster or determined to be an imminent hazard by the City Manager, any police officer, any firefighter, the Parks

Manager, the Director of Community Development, or his/her designee or the Urban Forester. No person shall trim a

damaged tree until such finding is made or unless such trimming is otherwise exempt from the requirement to obtain a tree trimming permit.

4. Any public agency or utility company having jurisdiction shall be exempt from the requirement to obtain a permit as long as they notify the City, the property owner and occupant in writing, seventy two (72) hours prior to any trimming of any established tree.

5. A property owner is not required to obtain a permit for removing any foliage or branches from an oak tree, heritage tree or established tree where less than ten percent (10%) of any foliage or limbs are to be trimmed or removed within a twelve month period.

• (Ord. O-20-1369, 2-10-2021)

A. Application: All persons desiring to remove an established tree, heritage tree, or oak tree in the R-1 or C-1 zones shall first submit a tree removal permit application to the Community Development Director. Any person who removes a tree, or causes a tree to be removed, in violation of this requirement shall be subject to the penalties provided in Section 23.19.08 (Violation, Enforcement, and Restoration) below.

• B. Application Contents:

1. A complete application form, signed by the property owner or a licensed State contractor possessing a C61 and D49 or C27 classified license, under penalty of perjury.

2. A tree plan containing the following information: a description of the work proposed to be performed; the number, type, and trunk diameter at the widest point at a point four and one-half feet (4.5') above natural grade of the established tree, heritage tree, or oak tree to be removed; the location of all trees on the property, with all established trees, heritage trees, and oak trees identified; the reason(s) for tree removal, with any tree to be removed for poor health or condition documented in an ISA Level 1 Tree Risk Assessment report prepared and signed by a Certified Arborist. The Director of Community Development may require review of the tree plan by a second certified arborist contracted for and managed by the City. If such review is required, all fees incurred shall be the responsibility of the applicant.

3. Any other information the Director of Community Development, or his/her designee, determines to be necessary.

C. Application Fee: An application for a tree removal permit shall be accompanied by a processing fee, in an amount established by resolution of the City Council. No fee shall be required for the following:

1. An application to remove an established tree, heritage tree, or oak tree that has been damaged by a storm, fire or other natural disaster, and which is determined to be dangerous by the Director of Community Development or his/her designee.

2. An application to remove an established tree, heritage tree, or oak tree found to be dead, as determined by a certified arborist and confirmed by the Community Development Director or his/her designee.

3. An application by a public or private school.

• D. Findings For Approval Of A Tree Removal Application:

1. Established Tree: The Community Development Director may issue a tree removal permit if he or she determines that one of the following conditions is met:

a. The established tree adversely impacts the growth of adjacent trees, or constitutes a nuisance or hazard to persons or property because of its condition, location, species, proximity to existing structures, closeness to walkways, or interference with utilities; or

b. The removal of the established tree is part of a re-landscaping plan that will provide a tree canopy replacement that is sustainable over the long term.

2. Heritage Tree Or Oak Tree: The Community Development Director may issue a tree removal permit if he/she determines that the heritage tree or oak tree constitutes a hazard to persons or property because of its condition, location, species, proximity to existing structures, closeness to walkways, or interference with utilities.

E. Requirements For Tree Removal Permit:

1. If a tree removal permit is granted, the permittee shall replace the tree(s) at his/her expense pursuant to the tree replacement matrix (see below). The tree replacement matrix shall not be applicable for the required tree protection plan or the unlawful removal of trees.

TREE REPLACEMENT MATRIX

2. Heritage trees shall be replaced with equivalent heritage trees, as defined in this Article, that are appropriate or compatible with the landscaping of the property and the neighborhood (as defined in the Municipal Code). All replacement trees must be planted in accordance with all ISA best practices.

3. Oak trees shall be replaced with equivalent oak trees, as defined in this Article, that are appropriate or compatible with the landscaping of the property and the neighborhood (as defined in the Municipal Code). All replacement trees must be planted in accordance with all ISA best practices.

4. If required by the Community Development Director or his/her designee, the permittee shall agree to accept the conditions of tree replacement prior to issuance of the tree removal permit.

5. If transplanting a tree, the new location of the tree shall be approved by the Community Development Director or his/her designee. A certified arborist shall oversee the transplanting of the tree, and a three (3) year guarantee shall be provided. In the event the transplanted tree dies within three (3) years, a comparable tree shall be required to be planted by the permittee as set forth in the tree replacement matrix and approved by the Community Development Director or his/her designee.

6. The Community Development Director, Urban Forester, Planning Commission, or the City Council may reduce the requirement for tree replacement upon determining that there is not enough space on the lot to plant the replacement trees, based on the following site characteristics: size of the lot and capacity for replanting; reasons for removal; number of trees being removed as part of any one (1) request; number of permitted tree removals in the past five (5) years; presence of other trees and vegetation on the same lot; and proposed size and type of replacement trees. F. Notification:

the lot to plant the replacement trees, based on the following site characteristics: size of the lot and capacity for replanting; reasons for removal; number of trees being removed as part of any one (1) request; number of permitted tree removals in the past five (5) years; presence of other trees and vegetation on the same lot; and proposed size and type of replacement trees. F. Notification:

1. Immediately following approval of a tree removal permit, and at least fifteen (15) days before the tree is scheduled for removal, the permittee shall provide written notice by personal delivery of the tree's location and removal reason(s), to the owners and occupants of all properties within a one hundred foot (100') radius of the site on which the subject tree is located.

2. Immediately following approval of a tree removal permit, the permittee shall also post on the subject tree an eight and one-half inch by eleven inch (8.5" x 11") size notice, in a form and manner approved by the Community Development Director, for not fewer than fifteen (15) consecutive days. If the subject tree is not readily visible from

the public right-of-way, notice shall instead be posted on the parcel on which the tree is located, in a location that is visible from, and within ten feet (10') of, the public right-of-way.

3. The permittee shall submit proof of the required noticing to the Community Development Director. No work is to begin until City staff has verified that notice was provided and posted as required by Section 23.19.05.F.

4. The posted notice shall be removed upon completion of the tree removal work, or fifteen (15) days after the end of the ten (10) day posting period, whichever comes first.

G. Stump Removal Required: Where a tree is removed pursuant to this section and the stump is visible from public view, the permittee shall dig out the stump or remove it with a stump grinder. The Community Development Director may permit the stump to be retained if he/she finds that access to the stump cannot be reasonably obtained or the stump is located on a steep slope.

H. Permit Expiration And Inspection: All work for which a tree removal permit is issued shall be completed within ninety (90) days from the date the permit is issued, unless the City grants one written extension for a period not to exceed thirty (30) days. The permittee shall, within seven (7) business days of the completion of the work, contact the Community Development Director and schedule a compliance inspection.

And Inspection: All work for which a tree removal permit is issued shall be completed within ninety (90) days from the date the permit is issued, unless the City grants one written extension for a period not to exceed thirty (30) days. The permittee shall, within seven (7) business days of the completion of the work, contact the Community Development Director and schedule a compliance inspection.

I. Emergency Tree Removals: Notwithstanding any other provision in this Article, an emergency tree removal permit may be approved when necessary to correct a hazardous or unsafe condition that poses a threat to public health and poses a safety hazard because of its high potential for failure due to considerable dead or dying foliage, branches, roots or trunk. An emergency tree removal permit shall only be issued at the discretion of the Community Development Director or his or her designee upon a finding that such work as is necessary to correct the hazardous or unsafe condition, and upon and subject to such terms, conditions and limitations as are necessary to correct the hazardous or unsafe condition. Such permits shall only be issued in accordance with the following:

1. The owner of the tree shall submit an application on a form prescribed by the Community Development Director, along with a tree hazard report prepared by a certified arborist, which documents the existence of the hazard or unsafe condition.

2. If, due to imminent danger, it is not possible to obtain a report from a certified arborist that documents the existence of the hazardous or the unsafe condition of the tree, the Community Development Director or his or her designee may inspect the tree and issue the removal permit. (Ord. O-20-1369, 2-10-2021)

An applicant or other interested party may appeal a decision of the Community Development Director to the Planning Commission and a decision of the Planning Commission to the City Council. An appeal shall be processed as follows: A. Filing An Appeal: The appellant shall file a written notice of appeal with the City Clerk no later than fifteen (15) days after the date of the decision. The notice of appeal shall be accompanied by a fee in the amount established by resolution of the Council, as well as documentation supporting the basis for the appeal, including if applicable, the tree removal permit application, tree replacement plan, a report by a registered consulting arborist and any certified arborist report(s).

B. Scheduling: The City Clerk shall set the time, date, and location for a hearing on the appeal. The hearing shall not be set sooner than fifteen (15) calendar days from the date the appeal was received. Notice of the time and place of the hearing will be sent to the appellant and the owner of the property where the tree is located (property owner), if not the appellant. Failure to receive the notice of hearing shall not invalidate the proceedings under this section. At the hearing, the appellant and the property owner, if not the appellant, shall have the right to be heard and to present testimony and other evidence in support of the appeal.

C. Determination: Upon consideration of reports, evidence, and testimony presented, the Planning Commission or City Council, as applicable, shall:

1. Affirm, modify, or reverse the action of the Community Development Director or Planning Commission, as applicable; or

2. Refer the matter back to the Community Development Director or Planning Commission, as applicable, for further review and consideration.

• D. Decision Is Final: The decision of the City Council shall be final and conclusive in all respects. (Ord. O-20-1369, 2-10-2021)

A. Construction Projects: All construction projects must adhere to all provisions of this section, as well as the tree protection standards set forth in Section 25.01.06(L) of the City Code.

B. Should a designated replacement or transplanted tree not survive for a period of three years, the applicant shall be required to replace it with another tree or pay to the city the full cost of replacing the tree at another location to be determined by the Director of Community Development or the Director's designee.

C. Projects Requiring Other Approvals: When considering an application for a permit under Chapter 23 (other than a tree removal permit) that preserves established trees, heritage trees, or oak trees, a decision may be made by the Design Review Committee or Planning Commission to modify the proposal or accept alternative solutions to assist in the preservation of such trees. Such modifications may include, but are not limited to, the reduction or rerouting of the driveway location or other hardscape, and the height of a building or other structure(s). The reviewing authority may approve the modification after first finding that:

1. The applicant investigated alternative site designs and building footprints using existing development standards;

2. The project includes a well-integrated and thoughtful structural design solution that enhances the property and its surroundings;

3. The project is not injurious to adjacent properties or uses, or detrimental to environmental quality, quality of life, or the health, safety, and welfare of the public; and

4. The project is consistent with the objectives and policies of the general plan. (Ord. O-20-1369, 2-10-2021)

A. Violations Of This Article:

1. Any person who violates or permits the violation of any provision of this Article, a condition of a tree removal or tree trimming permit, or a tree restoration plan imposed by Section 23.19.08C., shall be subject to any of the enforcement remedies set forth in Article 4 (Violations) and Article 6 (Administrative Procedures And Penalties For Code Violations) of Chapter 1 of this Code.

2. Any contractor or business who violates or permits the violation of any provision of this Article, a condition of a tree removal or tree trimming permit, or a tree restoration plan imposed by Section 23.19.08C., shall be subject to any of the enforcement remedies set forth in Article 2, Section 14 of Chapter 11 (Revocation or suspension of a license or permit), in addition to those provided herein.

3. Any gardener or tree trimming contractor who does not have a city business license, shall be subject to the penalties set forth in Article 4 (Violations) and Article 6 (Administrative Procedures And Penalties For Code Violations) of Chapter 1 of this Code.

B. Penalties: Any person who damages or removes a tree in violation of this section is guilty of a misdemeanor, except, at the discretion of the city prosecutor, the violation may be reduced to an infraction. Persons violating any of the provisions of this Article also shall be subject to the following:

1. The standard inspection fee;

2. Double the required tree removal or trimming permit fee, as applicable; and

3. The payment of a tree replacement fine in an amount up to, but not to exceed, double the value of the destroyed, removed or damaged tree. The city arborist shall determine the value of the destroyed, removed or damaged tree by using the most recent edition of the ISA Guide for Plant Appraisal.

4. All penalties and additional costs related to a tree violation must be paid to the city prior to its issuance of building or construction-related permits unless, in the opinion of the Community Development Director, such permits are necessary for the preservation of public health, safety or welfare.

C. Tree Restoration Plan: In addition to any penalties imposed pursuant to this Article, any property owner who damages or removes an Established Tree, heritage tree, or oak tree, or who permits the damage, severe pruning, topping or removal of any established tree, heritage tree, oak tree, on his/ her property in violation of the terms of this Article, shall restore the environment by planting one or more trees in such quantity that the Community Development Director or his/her designee requires as part of a tree restoration plan. The requirements for and the regulations regarding a tree restoration plan are as follows:

1. A tree restoration plan shall be based on planting sufficient trees as are necessary to provide an amount of tree canopy reasonably equal to the amount of the tree canopy that was unlawfully removed as determined by the Community Development Director or his/her designee.

2. In the case of unlawful removal of a tree, the tree restoration plan shall require the planting of not less than one (1) thirty six inch (36") box size tree, and the total of the diameter of the trees to be planted shall be equal to the diameter of the tree that was unlawfully removed.

3. In the event that the diameter of the tree that was unlawfully removed cannot be determined, the tree restoration plan shall be based on the likely diameter of the unlawfully removed tree determined by the City's Urban Forester, or a City-appointed certified arborist, using the best evidence available.

4. The tree restoration plan shall require the tree(s) to be planted in those location(s) that will best restore the visual environment to the environment that existed before the unlawful and irreversible tree damage or removal occurred, as determined by the City's Urban Forester, or a City-appointed certified arborist, using the best evidence available.

5. If the Community Development Director or his/her designee determines that the property cannot accommodate the number of trees required to be planted by this subsection, the tree restoration plan shall require the trees to be planted on publicly owned property at locations determined by the Community Development Director or his/her designee.

6. The property owner may select the species of tree(s) to be planted from a list of tree species designated by the Community Development Director, provided that the City's Urban Forester or a City-appointed certified arborist determines the tree(s)' size and height is equal to the tree that was unlawfully and irreversibly damaged, except in the case of oak trees which must be replaced with oak trees.

7. The Community Development Director shall reconsider a tree restoration plan established in connection with a tree that was unlawfully removed, or irreversibly damaged if the replacement tree(s) dies within three (3) years from the date of the tree removal or damage, and may impose additional replacement requirements.

8. The City's determination of such violation and establishment of a tree restoration plan under this Section 23.19.08 may be appealed as set forth in Section 23.19.06 (Appeals) of this Article.

9. Failure to comply with an approved tree restoration plan shall constitute a separate violation of this Article.

10. Payment of any penalty and planting of replacement trees shall occur within sixty (60) calendar days of the date the violator was directed to take such action by the Community Development Director. If the property owner does not complete planting of replacement trees within the allotted time, the Community Development Director, at the expense of the property owner, may procure and plant the requisite replacement trees, and the property owner shall be responsible for reimbursing the city for such additional costs. Reimbursement is due and payable within thirty (30) calendar days of the city's issuance of a billing statement. If payment of the penalty is not received by the city in sixty (60) calendar days, the city manager can instruct that the outstanding obligation be collected in any of the following manners:

and the property owner shall be responsible for reimbursing the city for such additional costs. Reimbursement is due and payable within thirty (30) calendar days of the city's issuance of a billing statement. If payment of the penalty is not received by the city in sixty (60) calendar days, the city manager can instruct that the outstanding obligation be collected in any of the following manners:

• a. A civil action in the name of the city, in any court of competent jurisdiction; or

• b. Use of a debt collection agency; or

c. A lien on the subject property, following notice and a public hearing.

(Ord. O-20-1369, 2-10-2021)

ARTICLE 20 MULTI-FAMILY DWELLING ZONES

Different multi-family dwelling zones are intended to provide for a variety of housing opportunities through new construction, and the maintenance of existing homes and neighborhoods. The purposes of the individual multi-family dwelling zones and the manner in which they are applied are as follows:

A. RM1 (Multi-Family Residential) zone. The RM1 zone applies to areas appropriate for high density attached dwelling units, including courtyard housing, townhomes, condominiums, and apartments. The allowable residential density ranges from thirty (30) to forty (40) dwelling units per acre. The RM1 zone is consistent with the MultiFamily Residential land use designations of the General Plan.

B. RIH (Religious Institution Housing) zone. The RIH zone applies to properties developed with church uses and are appropriate for high density attached dwelling units, including apartments. The allowable residential density ranges from twenty (20) to thirty (30) dwelling units per acre. The RIH zone is consistent with the Religious Institution Housing land use designations of the General Plan.

(Ord. O-23-1402, 6-30-2023; amd. Ord. O-24-1415, 11-20-2024)

Table 1 identifies the uses of land allowed in each multi-family dwelling zone and the zonings approval required to establish each use, whereas P is a permitted use and CUP requires a conditional use permit pursuant to the provisions of article 07 of this chapter, and - is a prohibited use. Uses not specified in Table 1 are prohibited. TABLE 1: USES PERMITTED IN MULTI-FAMILY DWELLING ZONES

(Ord. O-24-1415, 11-20-2024)

This section establishes development standards and objective design standards for multi-family residential developments that are intended to achieve and maintain high-quality site planning, as well as building design and development and in a manner that conforms to community priorities. The development standards and objective design standards draw from and complement existing design and development criteria set forth in land policy and design documents adopted by the city, including the City's General Plan.

Articles 1 through 23 of Chapter XXIII of the code of ordinances establish the City's zoning regulations. Where conflict between these standards and other provisions of Chapter XXIII exists, the provisions of this section shall govern. (Ord. O-24-1415, 11-20-2024)

The terms used in this section shall have the following meanings. Where conflict between these definitions and the definitions of Article 01 exists, the definitions of this section shall apply.

A. General requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2, in addition to the general development standards for multi-family residential development established in section 23.20.03.03.

Table 2: Standards for Multi-Family Residential Development in Multi-Family Dwelling Zones

DEVELOPMENT FEATURE RM1 RIH

(Ord. O-24-1415, 11-20-2024)

The general development standards set forth in this subsection apply to all multi-family residential development projects in the City's Multi-Family Dwelling Zones, with the exception of single-room occupancy developments, which are set forth in section 23.20.05.

A. Site Planning and Orientation.

1. Entry to project. Vehicle and pedestrian entries to multi-family residential projects shall contain architectural monumentation framing the entry to include at least one of the following: trellis columns, archway, gate, or wall.

2. Building entry orientation. Buildings within ten feet (10') of a public right-of-way, shall have unit front entries oriented to such right-of-way for the units nearest the right-of-way. For all other units, a clearly identifiable pedestrian

path of entry to the site from the public right-of-way shall be provided.

3. Transitions from street. Residential common building entrances and individual residential unit entrances oriented to a public right-of-way per 23.20.03.03 A.2 shall have transitions from the street consisting of stoops, porches, or other covered front entries.

4. Entryway design. Building and unit entryways shall provide all of the following:

• a. Unit number identification;

• b. Lighting shielded downward and directed away from other residences;

• c. Landing area of at least four feet by four feet (4') in size;

• d. Minimum five-foot (5')-wide separation between the faces of entries, which may include projections not to

• exceed two feet (2') as measured from the face of the building but clear to the sky for a minimum of six feet (6'); and

• e. Continuity in entry design between units to include at least two (2) of the following elements:

• (1) Doors to match between all units onsite.

• (2) Doors recessed at least three inches (3") from the building façade or doors recessed at least two feet (2') from the building façade to create a covered porch or landing area.

• (3) Awning of at least one foot (1').

• (4) Doors with window.

• (5) Paving material, pattern, or color that is differentiated from the pedestrian pathway.

• f. Street entryway accentuation by a minimum of one (1) of the following:

• (1) Change in roof pitch or form, such as a gable, that extends a minimum of one foot (1') past the sides of the door jamb.

• (2) Increase in roof height of at least one foot (1') to accentuate the entry.

• (3) Wood, stone, tile, or brick accent materials covering a minimum of thirty percent (30%) of the entryway wall surface area, inclusive of windows and doors.

• g. Setback continuity. Notwithstanding the front and side yard setback standards established in this section, the front and side yard setbacks of a new building shall either be the same as existing adjacent structures or vary no more than five feet (5') from the established front or side setback of adjacent existing structures.

• B. Circulation, Vehicular, and Pedestrian.

1. Principal vehicular access. Principal vehicular access into residential developments shall be through an entry drive rather than a parking aisle.

2. Driveways. Unless otherwise specified in the fire code, driveways shall be at least nine feet (9') in width and may be located in side yard setbacks, but shall not be less than two feet (2') from the side yard property line.

3. Parking interconnectivity. Parking areas shall be internally connected for vehicular purposes and shall use shared driveways within the development.

4. Pedestrian connectivity. All structures, facilities, parking areas, amenities, common areas and open space areas within a development shall be internally connected by pedestrian pathways. Such pathways shall connect the development to the public sidewalk along each street frontage, and to adjoining residential, commercial and public uses. Pedestrian pathways shall be ADA-compliant.

5. Identification of pedestrian entrances and walkways. Pedestrian entrances and walkways shall be clearly identified through paving pursuant to section 23.20.03.03 N.2. and landscaping, and be separated by a physical barrier consisting of either a raised planting strip a minimum of three feet (3') wide or grade separation of at least six inches (6") from vehicle access areas.

6. Pedestrian pathways in parking lots. Pedestrian pathways shall be provided in parking lots between parking areas and building entrances, and shall consist of special paving as identified in section 23.20.03.03 N.2., or a landscaped path or trellis-covered path.

C. Parking.

1. Parking facilities. Parking shall be provided on-site in on-grade or underground structures, parking lots, or attached garages. Carports may be used if sufficiently shielded from view from the public right-of-way. Carport shall be a permanent roofed structure that covers a minimum of two (2) contiguous parking stalls, built for the purpose of sheltering automobiles and/or supporting solar photovoltaic panels. A carport does not include any temporary or nonpermanent structure. There can be no enclosed use above a carport.

2. Separation of parking areas. Parking areas shall be separated from buildings by either a raised concrete walkway or landscape strip a minimum of three feet (3') wide.

3. Multiple parking lots. Parking lots for developments with more than forty (40) residential units may provide a series of connected smaller parking lots in lieu of a single parking area.

4. Parking structures. On-grade parking structure walls facing a public right-of-way and any other parking structure walls greater than twenty-five feet (25') in length shall include design features consisting of textured surfaces, articulation, and/or landscaping covering a minimum of fifty percent (50%) of the wall surface area at full growth. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development. For the purposes of this subsection, articulation includes faux windows, arches, grillwork, building offsets, and stone/tile building materials.

on, and/or landscaping covering a minimum of fifty percent (50%) of the wall surface area at full growth. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development. For the purposes of this subsection, articulation includes faux windows, arches, grillwork, building offsets, and stone/tile building materials.

5. Access control. Gated, fenced, or underground parking facilities, and gated exterior stairwells, shall incorporate access control technology (e.g., access card or key). In cases where all units and main parking area are located in a single gated complex, the control mechanism shall be limited to use on exterior vehicular and pedestrian gates.

6. Parking location. Parking facilities shall be located within five hundred feet (500') of building entrances. Parking is prohibited in front and side yard setback areas and between the building frontage and a public sidewalk.

7. Bicycle parking. Short-term bicycle parking shall be provided in the form of an inverted "U" shape facility, or other design as approved by the Community Development Director. Bicycle parking shall not be separated from building entrances by a road, parking area or structure. Long-term bicycle parking shall be provided on-site in a secure, enclosed structure, or in a secured location within a parking structure.

• D. Open Space and Common Areas.

1. Outdoor areas. Landscaping shall be located in all outdoor areas that are not specifically used for parking, driveways, pathways, walkways, patios, or other outdoor amenities described below.

2. Gathering space. Projects of more than ten (10) units shall feature a gathering space with a structure that permits group activities such as shared meals with reasonable amenities provided such as a kitchen, patio, or BBQ area, in addition to an outdoor passive recreation amenity which may include a community garden, outdoor seating area, or multipurpose lawn. At least fifteen percent (15%) of the total gross development area shall be gathering space, up to a maximum required area of twenty thousand (20,000) square feet.

• E. Roof Treatments.

1. Roof variation.

a. Flat and low slope roof: Roof height shall be varied with a minimum of a two foot (2') to maximum fourfoot (4') vertical difference between a minimum thirty feet (30') and a maximum fifty feet (50') horizontally.

Figure 1 - Flat roof variation

• b. Pitched roof: For a roof structure that extends more than fifty feet (50') along any building wall, the roof line shall vary by incorporating variation in roof form, in either orientation, pitch or height.

2. Roof overhangs. Overhangs shall not exceed twenty-four inches (24") into the yard setbacks.

Figure 2 - Roof overhang.

3. Exterior roof ladders. Exterior roof ladders shall be prohibited. Roof access shall only be provided from the building interior.

4. Roof materials, colors and applications. Notwithstanding sections 23.20.03.03 K.2 and 23.20.03.03 L.2, projects shall comply with all applicable objective standards in the Pre-Approved Roof Materials, Colors, and Application list adopted by City Council Resolution No. R-10-11, or as may be later amended.

• F. Building Facades.

1. Architectural Articulation. All building façades facing a public right-of-way shall be articulated so that no wall segment shall run more than thirty feet (30'). Articulation shall consist of at least one of the major breaks and two (2) of the minor breaks listed below:

• a. Major:

• (1) A change in building materials and colors so that the building mass appears to be made up of multiple buildings;

• (2) Architectural features pursuant to section 23.01.01 that are at least four feet (4') wide and extend a minimum of one floor in height;

• (3) Exterior arcades or other ground floor building recesses that provide sheltered walkways within the building footprint with a minimum width of four feet (4');

• (4) Notwithstanding the front and side yard setbacks established in Table 2, varied residential unit setbacks within the same structure of a minimum four feet (4'); or

• (5) Recessed or projected covered entries with a minimum of twenty-four (24) square feet.

• b. Minor

• (1) Variations in wall plane (projection or recess) by a minimum of two feet (2') in depth for at least thirty percent (30%) of the façade;

Figure 3 - Minor articulation- wall plane recess.

(2) Vertical pilasters that protrude a minimum of one foot from the wall surface and extend the full height of the structure;

• (3) Porches, patios, or stoops;

• (4) Lower wall wainscots, or built-up or recessed reveals, trims and other projections along different levels of wall surface;

• (5) Cantilevers; or

• (6) Bay windows.

2. Floor variation. Buildings of two (2) or more stories and wider than thirty feet (30') shall be designed to differentiate the ground floor and upper floor(s) through at least one of the following techniques:

a. Changes in wall planes that protrude and/or recess with a minimum dimension of four feet (4') for a minimum seventy percent (70%) of the façade length;

b. Balconies with a minimum of two feet (2') in depth for a minimum twenty-five percent (25%) of the façade length;

c. Horizontal and/or vertical recesses or projections of more than four inches (4") depth using shading and weather protection devices, decorative architectural details or a pattern or grouping of windows, panels or bay windows;

• d. At least two (2) sizes, proportions or patterns of fenestration; and

e. At least two (2) sizes, textures, patterns or colors of façade material.

3. Detail articulation. Details, such as trim, shutters, and posts shall be articulated by the use of color and/or texture.

4. Unit types. Each unit type shall have the following minimum floor area:

• a. Single room occupancy: one hundred and fifty (150) square feet.

• b. Efficiency apartment: four hundred and fifty (450) square feet.

• c. One (1) bedroom unit: seven hundred and fifty (750) square feet.

• d. Two or more (2+) bedroom unit: nine hundred and fifty (950) square feet.

5. Vertical elements. The vertical emphasis of architectural design elements shall be minimized by the use of a minimum of three (3) of the following approaches:

• a. Incorporating horizontal bands, reveals, trims, and overhangs along different levels of the wall surface;

• b. Limiting columns or pilasters to a maximum of one (1)-story height;

• c. Limiting tower elements to one (1) per building, and no more than two (2) stories in height;

• d. Varying the spacing and distribution of architectural elements and details along building façades; and

• e. Limiting entry treatments to the first story of the building.

6. Façade length. Building façades shall be no longer than one hundred and twenty-five feet (125'). Building façades shall be divided into shorter modules a maximum of thirty feet (30') in width to give the appearance of an assemblage of smaller structures, with each of the units individually recognizable through employment of approaches listed in sections 23.20.03.03 F.1, 23.20.03.03 F.2 and 23.20.03.03 F.6 above.

Figure 5 - Building façade modules.

10. End units. End units shall include a minimum of fifteen percent (15%) fenestration area on their side elevations.

• G. Windows, Doors, and Balconies.

1. Horizontal window bands. Horizontal window bands over forty feet (40') in length shall be prohibited.

2. Street-facing windows. Windows shall be provided facing a public street for all units adjacent to the street to break up building mass.

3. Bay windows. Bay windows, if provided, shall project at least two feet (2'), but no more than three feet (3') from the façade.

4. Security bars. Security bars are prohibited.

5. Double glazed windows. At a minimum, windows shall be double glazed, consistent with energy code requirements.

6. Operable windows. Operable windows shall have screens.

7. Window frames. Raw or clear anodized aluminum window frames are prohibited.

8. Window materials. Window materials shall comply with all applicable objective standards of the City's PreApproved Window Material List.

9. Window and door trim. Windows and doors shall either be trimmed or recessed. When trimmed, the trim

material shall not be less than three and one-half inches in width by three-quarter inch (3.5" x 0.75") in depth when protruding from the wall. Foam trim is prohibited on the ground floor. When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window or door glazing by at least three inches (3") in depth.

10. Unit front door entryways. Exterior entrances at individual residential unit entries shall have weather protection by providing a minimum of one of the following treatments:

• a. Porch roofs;

• b. Overhangs;

• c. Awnings;

• d. Trellises; and

• e. Canopies.

11. Residential front doors. Knockers or door bells, and safety and security viewers, shall be provided on all residential front entrance doors.

• H. Garage Doors.

1. Garage door placement. For projects of more than two residential units, garage doors shall not face a public street, but be oriented toward an alley or private street or driveway internal to the project.

2. Garage door treatments. Garage doors shall be recessed a minimum of six inches (6") from the surrounding building wall, and shall include a trim of a minimum of one and one-half inches (1.5") in depth. Garage doors shall also include at least one of the following detail treatments, to be consistent throughout all garage door design in the building:

• a. Windows;

• b. Paneled surface;

• c. Minimum of two (2) colors; and

• d. Minimum of two (2) textured surfaces.

• I. Stairwells.

1. Exterior stairwells. Exterior stairwells shall be designed as an integral part of the project's architecture by incorporating solid wall portions, columns, and/or a decorative balustrade. Stairwells shall not be oriented towards a public street, but shall face interior spaces such as plazas, gathering areas, parking areas and walkways and pathways shall not be separated from these areas by landscaping, fences or walls taller than three feet (3'). The design shall be of the same materials, color and detail of the building. Open metal and pre-fabricated stairwells are prohibited.

• J. Adjacent Buildings.

1. Residential adjacencies. The side and rear walls of any building within fifteen feet (15') of a required setback, or within fifteen feet (15') of a lot line where a setback is not required, shall be a maximum of fifteen feet (15') higher than an existing residential building on a directly adjacent property, or the exterior wall plane of each floor above the ground floor shall be stepped back by a minimum of eight feet (8') from the floor building plane just below along the full façade.

Figure 6 - Multi-story buildings adjacent to residential structures.

• K. Materials.

1. Exterior façade materials. The following materials are permitted, shall be maintained for exterior façades, and can be used in relation to their designation of primary, secondary, and accent. Materials listed as prohibited or omitted altogether are not permitted. At least two (2) materials shall be used on any building façade, in addition to glazing, railings and trim. A primary material shall constitute a minimum of sixty percent (60%) of any building façade, excluding windows and railings. Buildings with false façades or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

hibited or omitted altogether are not permitted. At least two (2) materials shall be used on any building façade, in addition to glazing, railings and trim. A primary material shall constitute a minimum of sixty percent (60%) of any building façade, excluding windows and railings. Buildings with false façades or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

2. Roofing material. Where not indicated otherwise in section 23.20.03.03 E.4, each structure shall have and maintain a roof constructed of wood shake, shingle, asphalt, composition, fiber cement, or tile (slate, concrete or clay). Metal roofing and roofing of a glossy or reflective surface are prohibited.

3. Material transitions. Material transitions along any façade shall only occur on the inside corner of plane change. When material changes occur in the same plane, trims, cornices, or other architectural elements shall be used to create a corner for material transition.

L. Colors.

1. The number of colors appearing on the entire building exterior, excluding the roof, shall be a minimum of two and a maximum of four (4) colors (or tones of the same color), including trim and accent colors. The selection of colors shall be the same among multiple buildings within a project. Changes in color due to a change in building material are not considered an additional color. Stone materials shall not be painted.

2. Roof color treatment. Notwithstanding section 23.20.03.03 E.4., the colors of natural roofing materials, such as barrel tiles and slate, shall be left natural and not be altered by staining or painting. Colors of synthetic roofing materials shall simulate natural materials. The blending of more than two (2) colors on a roof is prohibited.

M. Landscaping. The following landscape design standards are in addition to the landscape standards in section 23.16.

1. Parking lots shall include a continuous six inch concrete curbs to be provided at wheel stops where parking adjoins landscaping.

2. Native plants. New plant material in landscaped areas shall include at least twenty-five percent (25%) native plant species selected from those listed by the California Native Plant Society in the Calscape website specific to the

Western San Gabriel Valley. Existing plant material, if preserved, shall not be subject to this requirement.

3. Drought tolerant plants. Notwithstanding section 23.16, at least fifty percent (50%) of new plant material in landscaped areas shall be low-water use plants. Plant selection shall reflect water conservation through the use and grouping of plants that are well adapted to the particular site and require similar water needs (same hydrozones), and climatic, geological and topographical conditions. Existing plant material, if preserved, shall not be subject to this requirement.

4. Areas to be landscaped. Landscaping shall be provided in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or other required amenities. Landscaping materials shall not be located such that at maturity they obstruct pedestrian paths and vehicular access along the public right-of-way, private streets, and private driveways. Landscaping adjacent to pedestrian and vehicular paths shall either be raised planting surfaces or separated by a minimum six-inch (6") concrete curb.

5. Trees, shrubs and groundcover. New trees shall consist of both evergreen and deciduous varieties, the distribution of which shall be the applicant's choice providing that no more than fifty percent (50%) of trees shall be deciduous. Existing trees, if preserved, shall not be subject to this requirement. At least five (5) different species of shrubs and groundcover shall be used in planter areas.

6. Use of lawn. Notwithstanding the California State Model Water Efficient Landscape Ordinance, and section 23.16, the maximum area permitted for lawn shall be sixty percent (60%) of the total landscaped area on site. Lawn shall not be used in planting strips narrower than five feet (5') wide, and slopes over fifteen percent (15%) to ensure adequate irrigation.

7. Water Efficient Landscaping. New irrigation systems outlined in landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance shall conform to the requirements of such ordinance and section 23.16 to achieve water efficient landscaping.

8. Landscape architectural features. Landscape architectural features as defined in section 23.01.01, such as pilasters, walls, pergolas and trellises shall match the colors and materials of the closest buildings on-site. N. Pavement.

9. Type of Pavement. Asphalt is permitted, except in areas where pavement is visible from the public right-ofway.

10. Pedestrian paving. Pedestrian walkway materials shall consist of stamped or scored concrete, interlocking unit pavers, tiles, bricks, or stone, and shall also be used to delineate crossings at circulation drives and parking aisles.

11. Driveway entry treatment. The first twenty feet (20') of a vehicular driveway entry shall be composed of at least one of the following treatments and shall be provided for the full width of the driveway: pavers, stamped or scored concrete, stone, brick, exposed aggregate.

12. Paved areas in yard setbacks. Paved areas shall not exceed fifty percent (50%) of the required front or street side yard setback area.

O. Refuse Collection Areas.

1. Screening. Trash, green waste, organic waste, and recycling collection areas shall be screened from public view.

2. Design. Enclosures shall be designed with the same primary wall materials and colors as the nearest building within the development. Enclosures shall be either opaque fencing or walls, and include an opaque gate. Corrugated metal, plastic, and chain link fencing with or without wooden/plastic slats, is prohibited. Enclosure dimensions shall conform to solid waste provider dimensions.

3. Proximity to residences. Enclosures shall not be located within twenty feet (20') of any adjacent property zoned for or occupied with residential use, and from any pedestrian path or vehicle driveway. Enclosures shall be located no more than one hundred feet (100') from a residential unit.

4. Enclosure buffers. Enclosures shall be buffered from adjacent parking with a minimum six-foot (6') wide landscape planter on all sides except the enclosure access or gate, or trellised vines on at least one side.

5. Lighting. Lighting of enclosures shall be provided for night-time security and use, and shall conform to section 23.20.03.03 R.

6. Access. Access to the enclosure shall conform to solid waste provider requirements.

• P. Utility and Mechanical Equipment.

1. Roof screening. Roof-mounted mechanical units shall be fully screened from view from adjacent public rightsof-way, and incorporated into the roof design through increased slope, screening or enclosures. Screening and enclosures shall match the materials, colors and style of the building architecture. New roof-mounted or installed air conditioner units are prohibited. Replacement of existing, legal roof-mounted air conditioner units with new units of the same dimensions of the original units are permitted.

ay, and incorporated into the roof design through increased slope, screening or enclosures. Screening and enclosures shall match the materials, colors and style of the building architecture. New roof-mounted or installed air conditioner units are prohibited. Replacement of existing, legal roof-mounted air conditioner units with new units of the same dimensions of the original units are permitted.

2. Equipment in open space areas. Utility and mechanical equipment shall not be located within any required open space area.

3. Ground-mounted. Ground-mounted mechanical, electrical, and utility equipment shall be screened or hidden from view of the public street.

4. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof, or, if exposed, shall be metal painted. Plastic material is prohibited.

• Q. Mailbox Locations. Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents, or at individual units.

• R. Exterior Lighting.

1. Lighted areas. All pedestrian pathways, vehicle parking areas, bicycle parking areas, structure entries, trash enclosures, and landscaped areas, and common open space areas shall be illuminated for safety and security.

2. Fixture orientation. No outdoor lighting shall be permitted where the light source is directed toward, or results in direct illumination of, a parcel(s) other than that upon which such light source is physically located. Accent lighting of buildings, trees or other landscape features may be permitted, provided the lighting only accentuates those individual features, and not an entire structure or landscaped area. Accent lighting shall be directed onto the building façade or tree, and all lighting fixtures shall be fully shielded and mounted as close as possible to the architectural feature of the building or tree being illuminated. Uplighting and flood lighting is prohibited.

3. Illumination limits. No one fixture or luminaire shall exceed one thousand six hundred (1,600) lumens, however accent lighting shall not exceed eight hundred (800) lumens.

4. Correlated color temperature. For outdoor lighting, the maximum correlated color temperature (CCT) for each luminaire shall not exceed four thousand degrees Kelvin (4,000°K). Outdoor lights that exceed four thousand degrees Kelvin (4,000°K), commonly referred to as cool color temperatures, are prohibited.

5. Fixture height. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the eave line. If the light source or fixture is located on a building with no eaves, the light source or fixture shall not be more than ten feet (10') above existing grade, adjacent to the building or pole. Free-standing light standards for pedestrian and parking lot lighting shall be a maximum of fourteen feet (14') high, including the pole and light fixture. The light fixture, separate from the light pole, shall not be more than two feet (2') in height.

building with no eaves, the light source or fixture shall not be more than ten feet (10') above existing grade, adjacent to the building or pole. Free-standing light standards for pedestrian and parking lot lighting shall be a maximum of fourteen feet (14') high, including the pole and light fixture. The light fixture, separate from the light pole, shall not be more than two feet (2') in height.

5. Light trespass. The maximum illumination level at the project site property line shall be no more than a 0.07 foot as measured at grade. Light trespass that results in glare to neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide such security lighting required by the California Building Code, or approves the use of alarm or motion-activated security lighting. For the purposes of this section, "glare" means stray, unshielded lighting striking the eye that results in discomfort, such as bright light

causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability to drive or see into shadows.

6. Fixture types. All light fixtures, including pole-mounted and wall-mounted light fixtures, shall be fully shielded so that the light bulb is invisible from the adjacent neighbors or streets. Light fixtures shall be "cut-off" where lenses, refractors or lamp sources do not extend below the surface of the fixture housing, and no light shall be directed at or above the lowest horizontal plane of the light fixture. Louvered light fixtures shall not qualify as fully shielded fixtures.

7. Extinguishment of lights. With the exception of approved security lighting, or operational lighting conditions approved through a conditional use permit, all exterior lighting and parking lot lighting shall be extinguished by ten o’clock (10:00) P.M.

8. Exemptions. The following outdoor lights shall be exempted from the requirements of this section:

• a. Temporary construction or emergency lighting;

• b. Exterior lighting for a permitted temporary activity; and

• c. Landscape lighting that does not require a permit from building safety. (Ord. O-24-1415, 11-20-2024)

If the proposed project cannot meet any of the foregoing development standards, the applicant may propose an alternative means of complying with the development standard. The Community Development Director or his/her designee, upon determining that the alternative achieves the intent of the development standard, may approve the alternative means of compliance in satisfaction of the development standard. (Ord. O-24-1415, 11-20-2024)

A. Application Approval: Any application for a multi-family residential project that meets the objective development standards contained in this section shall be approved by the Community Development Director or his/her designee following a ministerial review for compliance, and within sixty (60) days after submission of a complete application, and shall not be subjected to the design review committee approval process established in Article 15 of this chapter.

• B. Submittal Requirements And Application Processing:

1. An application for a multi-family residential project shall be submitted to the planning and building department concurrently with the submittal of an application for a building permit. The Director of Community Development shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant.

2. The Director of Community Development or his/her designee shall issue a building permit if the application conforms to the specific standards set forth in this section.

3. An application that does not conform to the specific standards set forth in this section, including the development standards set forth in this section shall not be approved ministerially but shall require design review, a conditional use permit, or variance, as applicable. (Ord. O-24-1415, 11-20-2024)

A. Development Standards.

1. The development standards set forth in subsection 23.20.03.02 and 23.20.03.03 apply to all single-room occupancy development projects in the City's Multi-Family Dwelling Zones, with the exception of development

standards that do not apply to single room occupancy projects, including:

• a. Individual residential entrances and entryway design;

• b. Individual residential unit front entrance doors;

• c. Individual residential unit balconies;

• d. A mix of unit types; and

• e. Private open space.

2. All single-room occupancy development projects in the City's Multi-Family Dwelling Zones must comply with Title 24 § 982.605 (Housing Quality Standards).

• B. Application Approval.

1. Any application for a single-room occupancy development project that meets the development standards contained in section 23.20.06.A and whereas at least twenty percent (20%) of the units are affordable to low-income households shall be approved by the Community Development Director or his/her designee following a ministerial review for compliance, and within sixty (60) days after submission of a complete application.

2. Single-room occupancy projects that do not include at least twenty percent (20%) of the units affordable to low-income households shall require a conditional use permit pursuant to article 07 of this chapter.

• C. Submittal Requirements And Application Processing.

1. An application for a single-room occupancy development project that meets the requirements established in section 23.20.06 B.1. shall be submitted to the planning and building department concurrently with the submittal of an application for a building permit. The Director of Community Development shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant.

2. The Director of Community Development or his/her designee shall issue a building permit if the application conforms to the specific standards set forth in this section. (Ord. O-24-1415, 11-20-2024)

A. All sites within the RM1 and RIH Zones shall comply, where applicable, with the by-right requirements of Government Code section 65583.2 as established in article 23.

B. Sites listed as lower-income sites in the adopted housing element site inventory shall comply with the by-right requirements of Government Code section 65583.2(h) and (i), including:

1. Permit owner-occupied and rental multi-family uses by-right for developments in which twenty percent (20%) or more of the units are affordable to lower-income households;

2. Accommodate a minimum of sixteen (16) units per site;

3. Require a minimum density of twenty (20) units per acre;

4. Allow one hundred percent (100%) residential use in the MU zone; and

5. Require at least fifty percent (50%) of the floor area to be for residential uses. (Ord. O-24-1415, 11-20-2024)