Chapter 18.62 — NONCONFORMING USES, STRUCTURES AND SITES — Whittier Zoning Code

18.62.010 - Purpose. ¶

Nonconforming uses, structures, and sites are inconsistent with a coherent zoning plan and the established standards and regulations set forth in this title and should be eliminated as soon as feasible. The purpose of these provisions relating to the continuation, reconstruction, and abatement of nonconforming uses, structures, and sites is to:

A.

Bring them into conformance with the development standards and design guidelines of the Zoning Regulations of the city (Title 18 of the Whittier Municipal Code);

B.

Reduce the occurrence and limit the extent of nonconformance by prohibiting expansion, intensification, reinstatement, alteration, reconstruction after destruction, and reestablishment after abandonment; and

C.

Phase out nonconforming uses, structures and sites in accordance with the abatement periods set forth below.

(Ord. 2806 § 11 (part), 2002)

18.62.020 - Applicability of provisions. ¶

These regulations shall apply to all nonconforming uses, structures and sites, located within all zones in the city and shall be applicable to all specific plans unless otherwise specifically addressed or exempted by the resolution or ordinance adopting such specific plan. The regulation of nonconforming signs shall be as set forth in Division II of this title (Chapters 18.68 through 18.78).

(Ord. 2806 § 11 (part), 2002)

18.62.030 - Continuation and maintenance. ¶

Nonconforming uses, structures and sites may be continuously utilized and maintained, subject to the provisions of this chapter.

(Ord. 2806 § 11 (part), 2002)

18.62.040 - Repair. ¶

Reasonably necessary maintenance and repair of a nonconforming structure or site is permitted, provided that such maintenance or repair does not include reconstruction or replacement of a destroyed structure. Notwithstanding the foregoing, reconstruction or remodeling is permitted under the following circumstances but shall not extend the period of abatement relating to such nonconforming structure or site:

A.

Where a part of such structure or site is taken for any public use by condemnation, dedication or purchase by any agency having the power of eminent domain provided such reconstruction, alteration or repair shall be limited to that necessary to render the structure or site, reasonably safe for continued use; or

B.

When approved as part of the city's housing rehabilitation program.

(Ord. 2806 § 11 (part), 2002)

18.62.050 - Alteration, expansion, relocation or intensification. ¶

Any alteration of a nonconforming use, site or structure that would result in an expansion, relocation or intensification of the nonconformity or further deviation from conformance shall be prohibited. Notwithstanding the foregoing, such alteration is permitted under the following circumstances but shall not extend the abatement period of the nonconformity to which the same relates; and, once abated, the nonconformity shall not be reestablished:

Uses.

1.

Elimination of Nonconformity. Any alteration that brings the use into conformity with all provisions of this title as of the date of the alteration shall be permitted.

2.

Legal Compliance. Any alteration required to comply with any law, including, but not limited to, the zoning regulations, shall be permitted.

3.

Maintenance. The provisions of this chapter shall not be construed to place any limitation upon repair or remodeling deemed necessary by the city pursuant to the provisions of this title when the structure and site are conforming but the use thereof is not, provided such maintenance is not for the purpose of, and does not expand, the nonconforming use.

4.

Multi-Use Development. Where multiple uses located on C-zoned and/or M-zoned lots, which form a single development site under common ownership, are nonconforming solely by reason that one or more of the uses is not permitted in the zone, new uses or structures shall be permitted on such lot(s) provided all of the requirements of this title are complied with as to any such new use or structure.

B.

Structures.

1.

Elimination of Nonconformity. Any alteration that brings the structure into conformity with all provisions of this title as of the date of the alteration shall be permitted.

2.

Legal Compliance. Any alteration required to comply with any law, including, but not limited to, the zoning regulations, shall be permitted.

3.

New use. Any new use proposed within a nonconforming structure shall comply with all of the regulations contained in this title.

Sites.

1.

Elimination of Nonconformity. Any alteration that brings the site into conformity with all provisions of this title as of the date of the alteration shall be permitted.

2.

Legal Compliance. Any alteration required to comply with any law, including, but not limited to, the zoning regulations, shall be permitted.

3.

New use. Any new use on a nonconforming site shall comply with all of the regulations contained in this title.

4.

New Structure. Any new structure proposed to be located on a nonconforming site shall be constructed and/or located on the site in compliance with all of the regulations contained in this title.

5.

Residential—Nonconforming Parking Facilities. Alteration of residential structures located on a site that is nonconforming solely by reason of a lack of parking facilities, shall be permitted without complying with the off-street parking requirements of this title, provided:

a.

The alteration does not result in additional units and/or additional bedrooms being constructed upon the lot; and

b.

Any expansion of the structure does not occupy an area where conforming parking could be established. If adequate space for all or a portion of the required parking exists on the site, such parking shall be installed as part of the expansion and shall be established prior to completion of such expansion.

c.

The alteration shall comply with all applicable development standards, architectural standards, and design guidelines for the underlying zoning as set forth in this title;

6.

Residential-Nonconforming Number of Dwelling Units. Alteration of residential structures located on a site that is nonconforming solely by reason of more than the permitted number of units on the site, shall be permitted, provided:

a.

Any alteration shall comply with the development standards applying to the underlying zoning as set forth in this title;

b.

Any alteration shall not result in additional units being constructed upon the lot;

c.

If the alteration results in the addition of bedrooms, the entire site shall be brought into compliance with the off-street parking requirements of Chapter 18.48 at the time of the alteration.

(Ord. 2806 § 11 (part), 2002)

18.62.060 - Reconstruction. ¶

The reconstruction of nonconforming structures damaged or destroyed shall be subject to the following:

A.

Damaged Structures. A damaged structure may be repaired only if the estimated cost of such repair does not exceed fifty percent of the estimated cost to construct the same structure, determined as of the time that the damage occurs or as of the time applications for permits for such repair are filed, whichever, is higher. Any such repair shall comply with the following requirements. However, if the structure has been ordered to be demolished, it is subject to Subsection 18.62.060C:

1.

The Building Regulations of the city of Whittier, Title 15 of the Whittier Municipal Code, at the time permits are issued;

2.

The requirements of Title 18 of the Whittier Municipal Code, at the time permits are issued, to the greatest extent possible, as long as the predamage size, including number of bedrooms, is not exceeded;

3.

Architectural standards and design guidelines and standards of the city for the zone in which the lot or parcel is located;

4.

Application for development review pursuant to Chapter 18.56 of this title, for such repair or reconstruction shall be filed within six months of the date of the event causing the damage;

5.

The building permit for such repair or reconstruction is obtained within one year after the date of the damage and remains valid;

6.

Reconstruction or repair under a valid building permit must commence within six months of permit issuance;

7.

Reconstruction or repair must be completed within one year of commencement.

Damaged buildings determined to be a public nuisance by the city shall be demolished in accordance with the provisions of Title 15 of the Whittier Municipal Code. If permits to reconstruct a damaged building are not obtained within one year of the date the damage occurred, if reconstruction is not commenced within six months of issuance of a building permit for such reconstruction, or if reconstruction is not completed within one year after commencement, and if no extension of reconstruction time has been granted, the building shall be deemed a public nuisance. Nothing in this section shall be construed to prevent the city from requiring earlier demolition under the provisions of this code or other applicable law.

B.

Extension of time for reconstruction. The owner of property who has received a permit to repair or reconstruct a damaged building, or his/her authorized agent, may file an application for extension of the time to commence construction under a validly issued building permit, or to complete construction beyond the time permitted by this section. The planning commission may extend the time by approval of an application for extension of reconstruction time in accordance with this chapter if the owner demonstrates reasonable need:

1.

To receive such extension consideration, the property owner shall request an extension in writing on forms prepared for that purpose, no later than thirty days prior to the expiration of the time period sought to be extended as set forth in this chapter, including a full explanation of the reason why the extension should be granted.

2.

Applications for extension of reconstruction time shall be filed with the secretary of the planning commission. The secretary of the planning commission, upon receipt of a timely application, including the fee as set by resolution of the city council, shall set the matter for hearing before the planning commission and shall cause notice of the time and place of the hearing upon same to be given and shall cause a

hearing on such application to be held as specified in Section 18.62.140 of this chapter. Any decision of the planning commission under this section may be appealed to the city council within ten days of issuance of the written notice specified in Section 18.62.140. In the absence of a timely filing of an appeal of the decision of the planning commission to the city council, the decision of the planning commission shall be final and conclusive as of the date of the adoption of the resolution granting or denying an extension. Any appeal to the city council shall be heard and decided as set forth in Section 18.62.140.

3.

The hearing body may grant an extension of time for reconstruction of a damaged building only upon making all of the required findings based upon the evidence presented at the hearing. The applicant shall have the burden of proof to show, by relevant evidence, the existence of facts supporting the conclusion that the findings as set forth below can be made:

a.

Granting an extension of time for reconstruction is necessary as a result of delays beyond the control of the owner of the property and the owner has acted in good faith and with due diligence;

b.

Granting an extension of time for reconstruction is necessary to avoid unreasonable hardship to the owner(s) of the property; and

c.

Granting an extension of time for reconstruction will not unreasonably interfere with the use, possession or enjoyment of surrounding properties.

C.

Destroyed Structures. If a primary structure on any site is destroyed, any nonconforming use, structure and/or site shall be considered to be abated and any replacement development shall comply with the use, development, and design standards applicable to the zoning classification of the lot or parcel of land at the time application for development review approval pursuant to Chapter 18.56 of this title is filed.

(Ord. 2806 § 11 (part), 2002)

18.62.070 - Abatement. ¶

A.

Uses. Nonconforming uses shall be abated and shall not be reestablished, when any of the circumstances listed below are found to apply:

1.

Abandonment. Whenever a nonconforming use has been abandoned.

Elimination. When the structure that housed a nonconforming use has been destroyed.

3.

Change in Use.

a.

A change from a nonconforming use to a conforming use.

b.

A change from one nonconforming use to another nonconforming use. However, such change may be permitted only after approval by the planning commission, supported by its findings that the new use is reasonably similar to or less intensive than the previous use and compatible with adjacent uses. Any new nonconforming use permitted by the planning commission shall continue only for the unexpired portion of the abatement period remaining for the original nonconforming use under this title. No change from one nonconforming use to another shall be permitted after the abatement period for the original nonconforming use has expired.

4.

Expiration of abatement period. Nonconforming uses shall be abated and terminated upon the expiration of the periods of time set forth below. The periods of time shall be as follows, and shall commence to run as of the effective date of the ordinance that resulted in such use first becoming nonconforming:

a.

A nonconforming nonstructural accessory use, including but not limited to areas used for keeping of animals, vehicular off-street parking facilities, or outside storage: one year.

b.

A nonconforming use of a structure or site, except single family residential use of buildings intended for residential use: twenty years.

c.

A nonconforming use of a nonconforming structure or site shall comply with the shortest abatement period established by this chapter for such use, structure or site.

B.

Structures. Nonconforming structures shall be abated by demolition, removal, relocation, or alteration of the structure to bring it into conformity with all provisions of this title on or before the expiration of the periods of time set forth below. The periods of time shall be as follows, and shall commence to run as of the effective date of the ordinance which resulted in such structure first becoming nonconforming:

Abandoned nonconforming structures: immediately.

2.

Nonconforming structures requiring no city building permit, including but not limited to, fences and walls: three years.

3.

Properties improved only with a nonconforming structure that is accessory to a nonexistent principal structure where no development application for the property has been approved or is pending approval since the time at which the property became nonconforming: one year.

4.

Nonconforming structures in R-zones designed for, and occupied with, a commercial use: five years.

5.

Nonconforming structures in commercial and manufacturing zones twenty-five years.

C.

Sites. A nonconforming site shall be abated by the alteration of the site to bring it into compliance with the development standards and design guidelines of this title, to the greatest extent possible, including but not limited to the requirements for architectural treatments, setbacks, landscaping and irrigation systems, temporary refuse storage areas, parking lot surfacing and striping, outside storage, and signs. Abatement shall be required any time that:

1.

A nonconforming site is abandoned.

2.

A nonconforming site is enlarged or altered in such a way as to occupy any part of any structure(s) on the site, or the site itself, which it did not occupy on the effective date of any ordinance codified in this title, or amendment thereto, which caused the site's nonconformance.

3.

Any structure located on a nonconforming site is moved, removed, enlarged, or significantly altered.

4.

The primary structure on a nonconforming site is destroyed.

5.

The use of a nonconforming site is changed in such a way as to increase the discrepancy between existing conditions and the standards set forth in this title.

6.

To satisfy the purpose and intent of this section, the zoning administrator may approve a reduction in the number of parking spaces required for a nonconforming site, by up to ten percent of then current code requirements.

(Ord. 2806 § 11 (part), 2002)

18.62.080 - Abatement—Order. ¶

When the city finds any of the facts set forth in Section 18.62.070 to exist, or where it is found that the abatement period as to a use, structure or site as set forth in this chapter has expired, a written order of abatement (hereinafter "order") shall be issued and notice given to the owners and persons in possession thereof. Unless the nonconformity has been previously abated, the owner and/or person in possession of the property to which the abatement order relates shall comply within the time and in the manner stated in such order. The provisions of the Whittier Municipal Code relating to public nuisance abatement and/or any other legal method or procedure may be utilized to obtain compliance, where deemed necessary by the city manager. An abatement order may be appealed to the city manager as provided in Section 18.62.140 of this chapter. Any such appeal must be in writing and made within ten days of the date of the abatement order. The city manager's decision on such an appeal shall be final and conclusive.

18.62.090 - Abatement—Extension. ¶

The purpose of an extension of the abatement period shall be to provide a reasonable opportunity to amortize the property owners investment in cases of economic hardship while making every effort to insure that the use, structure or site for which the application is submitted, is or will be rendered compatible with other existing and permitted neighboring uses as soon as feasible. The application for extension of abatement provides a process for the city to review the applicant's statement relating to alleged economic hardship arising from abatement of a nonconforming use, structure, or site, the nonconformity's impact on the community and consistency with current city goals and policies, and to provide an opportunity for the owner of such a property to address his/her plans for the property and the reasons why amortization of the investment involved could not be accomplished in the amortization period provided in this title.

(Ord. 2806 § 11 (part), 2002)

18.62.100 - Abatement—Extension application. ¶

The owner of property to which an order of abatement relates, or his/her authorized agent, may file an application for extension of the abatement period relating to an order to abate a nonconforming use, structure, or site. Such applications shall be filed and considered pursuant to the following procedures:

A.

Extensions by Zoning Administrator. The zoning administrator may extend the original abatement period, upon the filing of an application for extension of abatement in accordance with this chapter demonstrating reasonable need, in the following circumstances:

If a development review application is pending on the property which is the subject of an abatement order; and

2.

The maximum total extension period that may be granted by the zoning administrator shall be six months.

B.

Extensions by planning commission. The planning commission may extend the original abatement period by approving an application for extension of abatement, filed by the applicant in accordance with this chapter, where the applicant demonstrates reasonable need for such extension as set forth in this chapter.

1.

To receive such extension consideration, the property owner shall request an extension in writing on forms prepared for that purpose, no later than ten days prior to the expiration of the abatement period as set forth in this chapter, including a full explanation of the reason why the extension should be granted.

2.

Applications for extension of abatement shall be filed with the secretary of the planning commission. The secretary of the planning commission, upon receipt of a timely application, including the fee as set by resolution of the city council, shall set the matter for hearing before the planning commission and shall cause notice of the time and place of the hearing upon same to be given and shall cause a hearing on such application to be held as specified in Section 18.62.140 of this chapter. Any decision of the planning commission under this section may be appealed to the city council within ten days of issuance of the written notice specified in Section 18.62.140. In the absence of a timely filing of an appeal of the decision of the planning commission to the city council, the decision of the planning commission shall be final and conclusive as of the date of the adoption of the resolution granting or denying extension. Any appeal to the city council shall be heard and decided as set forth in Section 18.62.140.

(Ord. 2806 § 11(part), 2002)

18.62.110 - Abatement—Extension findings. ¶

The following shall constitute the findings for granting an application for extension of abatement. Except for extensions which may be granted by the zoning administrator as set forth in Section 18.62.100A, the hearing body may grant the extension only upon making all of the required findings based upon the evidence presented at the hearing. The applicant shall have the burden of proof to show, by relevant evidence, the existence of facts supporting the conclusion that the findings as set forth below can be made:

A.

The property owner or applicant or both will suffer severe economic hardship unless an extension of time to abate the nonconformity is granted;

The severe economic hardship is not the result of actions undertaken voluntarily by the property owner or applicant;

C.

The property owner and applicant have taken all reasonable and necessary steps to bring the property into conformity or mitigate the effects of its nonconformity within the abatement period permitted; and

D.

It is not reasonably feasible to relocate the nonconformity, alter the nonconformity, and/or redesign the site layout to conform to current development standards within the abatement period provided by this chapter because of special circumstances applicable to the property involved, such as size, shape, topography, location or surroundings, which make the approval of the application for extension of abatement necessary in order to facilitate a reasonable use of the property involved; and/or.

E.

As to nonconforming uses only, it is not reasonably feasible to relocate such nonconforming use.

No extension of abatement may be granted by the hearing body if the property on which the nonconformity does not have access to streets which are adequate in width and pavement type to carry the quantity and quality of traffic generated by the use; or if the continuation of the nonconformity will unreasonably interfere with the use, possession, or enjoyment of surrounding and adjacent properties, or the harm caused by allowing extension of the abatement period outweighs any demonstrated hardship upon the property owner seeking an extension of the abatement period.

(Ord. 2806 § 11 (part), 2002)

18.62.120 - Abatement extension conditions. ¶

The granting of an application for extension of abatement may be conditioned. The purpose of any such conditions shall be to insure that the continued use of the nonconforming use, structure, or site will be in a manner consistent with the public peace, safety, general welfare and the provisions of this title.

(Ord. 2806 § 11 (part), 2002)

18.62.130 - Abatement extension—Period of validity.

A.

An extension of abatement shall be effective for the period specified in the resolution approving the application for extension of abatement or, if no period is so specified, five years. No more than one extension of abatement may be granted, and no abatement period may be extended by more than five years.

B.

At the end of the extension period established in the resolution approving the application or as provided above, the approval shall expire and shall no longer be of any force and effect and the nonconforming use,

Public Acquisition. Whenever the area of a lot is reduced below the applicable minimum, or a structure or site would otherwise be rendered nonconforming within the meaning of this title solely because of dedication to, or purchase by, a public agency for any public purpose; or acquisition in eminent domain proceedings, such structure or site shall not be considered to be nonconforming, provided that, if subsequent to such acquisition, the structures located upon such lot are destroyed, determined as of the time applications for permits for such reconstruction or rehabilitation are filed, no reconstruction or rehabilitation shall take place unless compliance is had with all of the provisions of this title and Title 15 of the Whittier Municipal Code.

(Ord. 2806 § 11 (part), 2002)

18.62.160 - Cost estimate. ¶

Estimated costs required to be determined pursuant to this chapter shall be made by the building official within thirty days of application for development review or building permits for the affected property, in the same manner as building permit valuations are established. Any property owner dissatisfied with the cost estimates made by the city may appeal such decision in compliance with Section 18.62.140 within twenty

days of the date of the city's issuance of a cost estimate under this section. Along with a written appeal as required in Section 18.62.40, an appellant shall also submit a written appraisal, prepared by an independent, qualified, construction estimator, relating to the value of such structure. The determination of estimated cost may be appealed to the city manager, who shall conduct a hearing in accordance with the provisions of Section 18.62.140 and whose decision shall be deemed final and conclusive.

(Ord. 2806 § 11 (part), 2002)

Chapter 18.64 - YARDS AND LOTS

18.64.010 - Yard requirements generally. ¶

Except as expressly permitted in this title, every required yard shall be open and unobstructed from the ground to the sky. No yard required for one lot shall be considered as providing a required yard for another lot.

(Prior code § 9360)

18.64.020 - Intrusions permitted in required yards. ¶

The following intrusions and no others may project into any required yard area, but in no case shall such intrusion extend more than forty percent of the width of the required yard or four feet whichever is the lesser and except as provided in this title:

A.

Cornices, eaves, belt courses, sills, buttresses or other similar architectural features;

Fireplace structures;

C.

Stairways, balconies, and fire escapes;

D.

Uncovered porches and platforms;

E.

Planter boxes or masonry planters;

F.

Guard railings for safety protection around ramps;

G.

Bay windows;

H.

Mechanical equipment including air conditioning units when adjacent to solid, view obscuring walls;

I.

Water heater enclosures;

J.

Pool equipment when placed within a fully enclosed structure.

(Ord. 2746 § 3, 1999: Ord. 2610 § 1(Q), 1993: prior code § 9363)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.64.030 - Front yard depth.

The depth of the required front yard on lots facing directly upon the arc of a cul-de-sac shall be measured on an arc parallel to the front property line comprising the arc of the cul-de-sac and being a distance therefrom of the required front-yard depth as prescribed for each zone.

(Prior code § 9364)

18.64.040 - Side yards on combined lots. ¶

When the common boundary line separating two contiguous lots is covered by a building or permitted group of buildings, such lots shall be deemed to be a single lot and the yard area requirements in this title shall apply accordingly.

(Prior code § 9361)

18.64.050 - Open corner area on certain lots.

Corner and reversed corner lots shall maintain, for safety vision purposes, a triangular area within which no building, structure, tree, fence, shrub or other object higher than forty-two inches above the established grade of the lot shall be permitted or maintained. The triangular area shall be formed by the prolongation of the front and side lot lines separating the lot from the streets; the third side of the triangle shall be a straight line connecting the last two mentioned points which are distant fifteen feet from the intersection of the front and side lot lines.

(Prior code § 9362)

18.64.060 - Through lots—Front lot line determination.

The director shall determine, with regard to through lots, which lot line of the lot shall be deemed for all purposes the front lot line, in the manner set forth in Section 18.50.040.

(Prior code § 9365)

18.64.070 - Barbed wire, razor wire, concertina wire and other similar materials.

Notwithstanding any other section of this code, walls and fences shall not be constructed or maintained in a manner or materials which create a hazard to life, health or safety. Fences and walls made of razor wire, barbed wire, concertina wire, nails, glass and similar materials, including electrified fences, are prohibited and shall not be erected, constructed or maintained. However, fences and walls incorporating barbed wire or razor wire may be permitted based on the circumstances outlined under Sections 18.64.070(F), 18.64.070(G), 18.64.070(H) and 18.64.070(I).

A.

A nonconforming use shall not be relocated, expanded, enlarged, or increased in intensity in any manner whatsoever unless such activity is approved through the issuance of a conditional use permit as provided by this title.

B.

The use of barbed wire, razor wire, electrified fencing material or similar material in or on fences and walls is strictly prohibited within the city except as noted below.

C.

Any fencing which is a nonconforming use on the date the ordinance codified in this section becomes effective shall be subject to an amortization period of three years commencing on the date the use becomes nonconforming. Any fence and wall which does not meet the standard of this section but which was legally established prior to the adoption of these standards may be maintained provided such fence or wall upon which barbed wire sits is not less than six feet above the ground and is not expanded nor its nonconformance with these standards otherwise increased. Any fence or wall which is destroyed or damaged to the extent of more than fifty percent of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with these standards.

D.

Upon the conclusion of the amortization period, the owner of the property upon which the nonconforming use is located shall be required to remove the fencing within thirty days thereafter.

E.

All walls and fences shall be continuously maintained in good repair. The property owner shall be provided thirty days after receiving notice from the city to repair a wall or fence.

F.

The director of community development, notwithstanding the prohibitions cited within this section and with recognition that no exemption shall be given for the use of concertina wire, nails, glass, or similar materials, including electrified fencing material of any type, may approve through a development review application the construction and maintenance of barbed wire fencing within non-residential zoning classifications in the city, where there is outdoor storage and/or an outdoor display, if the applicant demonstrates and documents that all of the following conditions exist or can be met:

The fence or wall upon which the barbed wire or razor is placed shall be located at least three feet from any property line abutting the public right-of-way.

2.

That the barbed wire fencing will be out of plain view from public streets and properties.

3.

That the fence or wall upon which the barbed or razor wire is placed is no less than six feet above the ground level and the barbed or razor wire does not exceed two feet above the maximum fence and/or wall height permitted for the property.

4.

The barbed or razor wire shall be supported by brackets attached at a 45 to 90 degree angle to the face of the wall or fence it is placed on (See Figure Nos. 1 and 2).

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5.

If the fence or wall that is topped with barbed or razor wire is located within the front yard, rear yard, or street side, side yard, which is adjacent to the public right-of-way, the property owner shall provide one of the following:

A.

A minimum three-foot wide (irrigated) landscape planter shall be provided between the property line and the fence or wall.

B.

An irrigated landscape trellis shall be installed for the purpose of allowing vines or similar plant material to cover the face of the fence or wall topped with barbed or razor wire.

C.

A wrought iron, ornamental tubular steel fence, or decorative wall shall be installed in lieu of using chain link fencing material to support the barbed or razor wire.

D.

An alternative fence and/or wall design provided by the property owner may be used with the approval of a minor conditional use permit. However, the property owner must develop an alternative design that is acceptable to the approval authority and demonstrates that there is compelling reason why the development standards listed above cannot be met.

6.

The property owner can demonstrate that their lot is at a high risk for criminal activity and substantiate the need for barbed or razor wire on their lot by submitting copies of a formal evaluation with recommendation(s) prepared by a professional security consultant.

G.

Barbed wire or razor wire fencing may be used in any zoning classification within the city for providing security to unmanned public infrastructure facilities, public utility sites, hazardous material storage, and other similar facilities and sites that are subject to homeland security concerns and/or public safety needs (as deemed necessary (in writing) by the chief of police or any federal law enforcement agency) including, but not limited to other storage facilities that may require a greater level of public safety, subject to the following conditions:

1.

That reasonable efforts shall be taken to minimize the plain view of such barbed wire or razor wire fencing from streets adjacent and other public views to the property;

2.

That the fence or wall upon which the barbed wire or razor wire is placed is no less than six feet above the ground level;

3.

Approval of barbed wire or razor wire fencing shall be subject to the prior review and approval of the director of community development through a development review application.

H.

Barbed wire or razor wire may be used in any nonresidential zoning classification when it is set back a minimum of three feet from any property line and is completely screened by a solid fence along the property line.

(Ord. 2881 § 2, 2006)

(Ord. No. 2975, § 1, 9-13-11)

Chapter 18.66 - DENSITY BONUS PROGRAM

18.66.010 - Purpose. ¶

This chapter establishes procedures to implement the state's Density Bonus Law as set forth in Government Code Section 65915. The incentives in this chapter are used by the city as a means of meeting its commitment to encouraging the provision of affordable housing to all economic groups living within the City.

(Ord. 2911 § 1 (part), 2008)

18.66.020 - Definitions. ¶

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

"Concessions or other incentives" means a reduction in a site development standard or the modification of a zoning code requirement that results in identifiable, financially sufficient, and actual cost reduction; or, approval of nonresidential land uses in conjunction with the housing project if such other land uses will

reduce the cost of the housing development and are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located; or other concession or regulatory incentive that results in identifiable, financially sufficient, and actual cost reduction, as determined by the city in its sole discretion. A concession or other incentive does not include additional density beyond that allowed in this chapter.

"Density bonus" means an increase in density above the otherwise maximum allowable residential density under this title and the land use element of the general plan as of the date the development application for the project is deemed complete.

"Development standard" means any site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. A development standard subject to waiver under this chapter does not include additional density beyond that allowed in this chapter.

"Director" means the director of the city of Whittier department of community development or his/her designee.

"Low-income households" means "lower income households" as that term is defined by Section 50079.5 of the Health and Safety Code.

"Moderate-income households" means "persons and families of low or moderate income" as that term is defined by Section 50093 of the Health and Safety Code.

"Very low-income households" means "very low-income households" as that term is defined by Section 50105 of the Health and Safety Code.

(Ord. 2911 § 1 (part), 2008)

18.66.030 - Applicability.

The provisions of this chapter apply only to multifamily residential and mixed-use development projects consisting of five or more dwelling units, not including the units granted as a density bonus.

(Ord. 2911 § 1 (part), 2008)

18.66.040 - Density bonus allowance.

The amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable dwelling units meets the percentage established in the following section. When calculating the number of density bonus units allowed, any fraction of a residential unit shall be counted as a whole unit. An applicant may elect to accept a lesser percentage of density bonus units. An applicant may not seek a density bonus greater than that provided in this chapter or by state law.

A.

Density Bonus Requirement. Upon request and application of a developer, the city shall grant a density bonus in accordance with this section if the applicant seeks and agrees to construct one of the following:

1.

At least five percent of the units are dedicated to very low-income households;

2.

At least ten percent of the units are dedicated to low-income and very low-income households;

3.

At least ten percent of the units are dedicated to moderate-income households and are available to the general public for sale; or

4.

A senior citizen housing development as defined by Section 51.3 of the Civil Code.

B.

Inclusionary units required by Section 18.11.040 and alternatives to inclusionary units allowed by Section 18.11.050 shall not count toward the minimum number of affordable units required by Section 18.66.050(A) to qualify for a concession or other incentive under.

C.

Calculation of Density Bonus.

1.

The density bonus for very low-income units shall be calculated in accordance with the following table:

Increase in Allowable Density for Very

Low-Income Units

Percentage of Very Low-Income Units Provided Within the Development	Qualifed Density Bonus Percentage Within the Development
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5
11	35

2.

The density bonus for low-income units shall be calculated as follows:

Increase in Allowable

Density for Low-Income Units

Percentage of Low- Income Units Provided Within the Development	Qualifed Density Bonus Percentage Within the Development
10	20
11	21.5
12	23
13	24.5
14	26
15	27.5
16	29
17	30.5
18	32
19	33.5
20	35

3.

The density bonus for moderate-income ownership units shall be calculated as follows:

Increase in Allowable Density for

Moderate-Income Units

Percentage of Moderate-Income Units Provided Within the Development	Qualifed Density Bonus Percentage Within the Development
10	5
11	6
12	7
---	---
13	8
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

The density bonus for a senior citizen housing development, as defined by Section 51.3 of the Civil Code, shall be twenty percent.

5.

In calculating the number of units required for very low-, low-, and moderate-income households, the density bonus units shall not be included.

D.

Bonuses not Combined. The bonuses that are available under this section shall not be combined.

(Ord. 2911 § 1 (part), 2008)

18.66.050 - Concessions and other incentives. ¶

A.

Concessions and Other Incentives. An applicant who utilizes the density bonus provisions of this chapter may request one or more concessions or other incentives as follows:

1.

One concession or other incentive for projects that include at least five percent of the units for very lowincome households, ten percent of the units for low-income households, or ten percent of the units for moderate-income households when the units are available for sale to the public.

2.

Two concessions or other incentives for projects that include at least ten percent of the units for very lowincome households, twenty percent of the units for low-income households, or twenty percent of the units for moderate-income households when the units are available for sale to the public.

3.

Three concessions or other incentives for projects that include at least fifteen percent of the units for very low-income households, thirty percent of the units for low-income households, or thirty percent of the units for moderate-income households when the units are available for sale to the public.

B.

Inclusionary units required by Section 18.11.040 and alternatives to inclusionary units allowed by Section 18.11.050 shall not count toward the minimum number of affordable units required by subsection A of this section to qualify for a concession or other incentive under.

C.

Procedure. To obtain concessions or other incentives pursuant to this section, an applicant must apply for an affordable housing concession permit on a form approved by the director. The director shall approve any proposed concessions or other incentives subject to the following findings:

Procedure. To obtain a floor area bonus or concession for inclusion of child day-care facility pursuant to this section, an applicant must apply for a child-care bonus or concession permit on a form approved by

the director. The director shall approve any proposed bonus or concession or other incentives subject to the following findings:

1.

The bonus or concession would contribute significantly to the economic feasibility of the construction of the child day-care center; and

2.

The bonus or concession would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is eligible for or has been listed on any state or federal register of historic resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions, as they existed on the date the application was deemed complete.

C.

Conditions of Approval. Child-care bonus or concession permits shall be subject to the following conditions:

1.

The child day-care center shall remain in operation for a period of time that is equal to or longer than the period during which the designated dwelling units are required to be affordable; and

2.

Of the children who attend the child day-care center, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low- or low-income households or families of moderate income.

D.

Notwithstanding any other provision of this section, the director shall not approve any proposed bonus or concession or other incentives for a child day-care facility if there is substantial evidence that the local community already has adequate child care facilities.

(Ord. 2911 § 1 (part), 2008)

18.66.080 - Bonus for donation of land. ¶

A.

Bonus for Donation of Land. An applicant requesting approval of a tentative tract or parcel map or other residential development approval who donates land to the city shall be entitled to a density bonus for the

entire development above the density allowable under this title and the land use element of the general plan.

B.

Requirements for Bonus. The following requirements must be met to be eligible for a density bonus pursuant to this section:

1.

The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

2.

The developable acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development.

3.

The transferred land shall be at least one acre in size or of sufficient size to permit development of at least forty units, subject to an appropriate general plan designation, appropriately zoned for development as affordable housing, and served by or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than concept design review and building permits, necessary for development of the very low-income housing units on the transferred land.

4.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, consistent with Section 18.66.100.

5.

The land shall be transferred to the city or to a housing developer approved in writing by the city.

6.

The transferred land shall be within the boundary of the proposed development or, with approval of the director, within one-quarter mile of the boundary of the proposed development. Notwithstanding the foregoing, the director may agree to the transferred land being more than one-quarter mile of the boundary of the proposed development.

C.

Density Bonus of Up to Thirty-Five Percent. The density bonus for donation of land for very low-income units shall be calculated as follows:

Increase in Allowable Density for Donation

Percentage of Very Low-Income Units	Qualifed Density Bonus Percentage Within the Development
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

D.

Bonuses May be Combined. A bonus for the donation of land may be combined with a bonus granted under Section 18.66.040.

(Ord. 2911 § 1 (part), 2008)

18.66.090 - Alternative parking standards. ¶

A.

An applicant that meets the minimum requirements of Section 18.66.040(A) shall be granted, upon request, the following alternative parking requirements:

Number of Bedrooms per Unit	On-Site Parking Spaces per Unit
1	1
2—3	2
4 or more	2.5

B.

If the total number of parking spaces required for the development is other than a whole number, the number shall be rounded up to the next whole number. A development may provide on-site parking through tandem parking or uncovered parking on the project site.

C.

Except as expressly provided for in this section or state law, all residential development shall comply with the parking requirements and standards found in Chapter 18.48.

(Ord. 2911 § 1 (part), 2008)

18.66.100 - Enforcement of affordability. ¶

A.

Low and Very Low-Income—Covenant for Thirty Years. A covenant or other document satisfactory to the city attorney shall be recorded before issuance of a building permit, which shall ensure that the low- and very low-income density bonus units are at all times rented or sold to, and remain affordable at, the applicable income level for at least thirty years.

B.

Moderate-Income—Recapture of Financial Interest. A covenant or other document satisfactory to the city attorney shall be recorded before issuance of a building permit, which shall ensure that the moderateincome density bonus units are initially occupied by persons or families at a moderate-income level. Moderate-income units may be offered for subsequent sale to an above-moderate income purchaser; provided that the sale shall result in a recapture by the city, or its designee, of a financial interest in the unit equal to the sum of:

1.

The difference between the initial moderate income level sales price and the appraised value at the time of the initial sale; and

2.

A proportionate share of any appreciation.

C.

Forfeiture of Funds. Any individual who rents a unit in violation of this chapter shall be required to forfeit all rents above the applicable affordable rate; any individual who sells a unit in violation of this chapter shall be required to forfeit all profits from the sale exceeding the difference between the sale price and the applicable affordable sales price. Recovered funds shall be deposited in to the city's affordable housing trust fund.

(Ord. 2911 § 1 (part), 2008)

18.66.110 - Administrative procedures.

The city manager or her/his designee may adopt administrative procedures for implementation of this chapter.

(Ord. 2911 § 1 (part), 2008)

Chapter 18.67 - TRANSPORTATION DEMAND MANAGEMENT

18.67.010 - Definitions.

The following words or phrases shall have the following meanings when used in this chapter:

A.

"Alternative transportation" means the use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, bus pools, public transit, walking and bicycling.

B.

"Applicable development" means any development project that is determined to meet or exceed the project size threshold criteria contained in Section 10.68.030 of this chapter.

C.

"Buspool" means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

D.

"Carpool" means a vehicle carrying two to six persons commuting together to and from work on a regular basis.

E.

"The California Environmental Quality Act (CEQA)," a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development.

F.

"Developer" shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this chapter as determined by the property owner.

G.

"Development" means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this chapter and which exceed the thresholds defined in Section 10.68.030 shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

H.

"Employee parking area" means the portion of total required parking at a development used by on-site employees as specified in the city's zoning code.

I.

"Preferential parking" means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

J.

"Property owner" means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of the chapter either directly or by delegating such responsibility as appropriate to a tenant and/or his/her agent.

K.

"South Coast Air Quality Management District (SCAQMD)" is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the non-desert portions of Los Angeles, Orange, Riverside, and San Bernardino counties).

L.

"Tenant" means the lessee of facility space at an applicable development project.

"Transportation Demand Management (TDM)" means the alteration of travel behavior - usually on the part of commuters - through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

N.

"Trip reduction" means reduction in the number of work-related trips by single occupant vehicles.

O.

"Vanpool" means a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven or fifteen adult passengers, and on a prepaid subscription basis.

P.

"Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

(Ord. No. 2939, § 1, 11-10-09)

18.67.020 - Review of transit impacts.

Prior to approval of any development project for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., or based on a local determination, regional and municipal fixedroute transit operators providing service to the project shall be identified and consulted with. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this chapter shall be exempted from its provisions. The "Transit Impact Review Worksheet", contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIRs and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit services or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the draft environmental impact report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

(Ord. No. 2939, § 1, 11-10-09; Ord. No. 3121, § 15, 8-25-20)

18.67.030 - Transportation demand and trip reduction measures.

A.

Applicability of Requirements. Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.

This chapter shall not apply to projects for which a development application has been deemed "complete" by the city pursuant to Government Code Section 65943, or for which a notice of preparation for a DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this chapter.

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.

C.

If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate

improvements. When locating bus stops and/or planning entrances, entrances must be designed to provide safe and efficient access to nearby transit station/stops.

D.

Safe and convenient access from the external circulation system to bicycle parking facilities on-site.

(Ord. No. 2939, § 1, 11-10-09)

18.67.040 - Monitoring. ¶

Prior to the issuance of a certificate of occupancy, final building permit, final inspection approval, and/or

business license for any development, the development project shall comply with Section 10.68.030 above and the city engineer and/or city traffic engineer shall inspect and verify the same.

(Ord. No. 2939, § 1, 11-10-09)

18.67.050 - Enforcement. ¶

Enforcement of uses not in compliance with this chapter shall comply with Chapter 18.62 (Non-conforming Uses) of the city of Whittier Municipal Code.

(Ord. No. 2939, § 1, 11-10-09)

Division II. - Signs

Chapter 18.68 - OUTDOOR ADVERTISING STRUCTURES

Sections:

18.68.010 - Purpose.

A.

In enacting the provisions of Sections 18.68.010 through 18.68.030, the city council has determined that outdoor advertising structures:

1.

Are, or may be, incompatible with the surrounding and adjacent uses resulting in a diminution in the value of both improved and unimproved adjacent properties; and

2.

Require, or may require, the provision of municipal services disproportionate to the tax revenues therefrom; and

3.

Impair, or may impair, the desirability of adjacent residential and commercial areas, thereby undermining, to some degree, the social and economic stability of the city; and

4.

Discourage, or may discourage, the location of business and industry within the city, impeding the economic development of the community; and

5.

Prevent, or may prevent, optimum land utilization, thereby impeding community planning and renewal objectives; and

6.

Impose, or may impose, social gains resulting therefrom.

B.

Accordingly, the provisions of Sections 18.68.010 through 18.68.030 are necessary, and are required to protect the public interest, convenience and necessity, in order to eliminate, insofar as possible, the problems above referred to.

(Prior code § 9370)

18.68.020 - Outdoor advertising structure defined. ¶

For the purpose of this chapter, "outdoor advertising structure" means and includes any sign structure which is designed and maintained for the primary purpose of soliciting public support, or directing public attention, to the sale, lease, hire or use of any object, product, service or function the sale, hiring, or use of which is not involved in the primary or principal use of the lot upon which such sign structure is located. Outdoor advertising structure does not mean or include any of the signs referred to in Chapters 18.70 through 18.76, nor shall the definition include any sign erected and maintained by any public agency or political subdivision of the state.

(Prior code § 9371)

18.68.030 - Construction prohibited—Abatement of existing signs. ¶

Notwithstanding any provision of this code to the contrary, no person shall erect, construct or maintain, or permit the erection, construction or maintenance of any outdoor advertising structure on any real property within the city. All outdoor advertising structures existing as of the effective date of the ordinance codified in this section shall be abated, by removal thereof, within a period of five years, from and after the effective date of the ordinance codified in this section. Such abatement shall be processed in accordance with the provisions of Chapter 18.78.

(Prior code § 9372)

Chapter 18.72 - ON-PREMISES SIGNS

Sections:

18.72.010 - Purpose. ¶

The city of Whittier recognizes and strongly supports the needs of merchants and property owners to identify their businesses through signage and other means of advertisement.

The city further recognizes that size, placement, number, and design of signs significantly influences the general perception of both the community's visual environment and its economic health.

The purpose of Chapters 18.73 through 18.78 and this chapter is to balance the advertising needs of merchants with the city's twin goals of improvement of the aesthetic environment within its commercial corridors and of protecting the city's positive image by providing for the following:

A.

Enhancement of the aesthetic perception of the community and enhancement of the community's property values;

Preservation and advancement of the quality of life for city residents;

C.

Promotion of the use of signs that create a high quality visual environment;

D.

Regulation of signs to ensure designs that are proportionate in scale to surrounding structures and commercial districts;

E.

Elimination of visual clutter while providing reasonable opportunities for adequate identification of businesses and the goods and services they offer; and

F.

Regulation to direct the proper design and location of signs to reduce or eliminate potential hazards and promote the safe movement of vehicles and pedestrians throughout the city.

(Ord. 2900 § 3 (part), 2007)

18.72.020 - Definitions. ¶

In addition to the definitions contained in Chapters 18.06 and 18.76, the following words and phrases have the meanings set out in this section, unless it is apparent from the context that another meaning is intended:

"Abandoned sign" means a sign remaining in place or not maintained for a period of not less than ninety days, whose use has ceased, or which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the sign is located.

2.

"A-frame sign" means a sign typically hinged at the top, or attached in a similar manner, and widened at the bottom to form a shape similar to the letter "A."

3.

Reserved.

4.

Alteration. See "Modification."

5.

Amortization Period. See definition in Section 18.78.010(B).

6.

"Animated sign" means a sign, or a portion of a sign, an integral part of which is in action or motion, or which flashes or changes color electronically. "Animated sign" does not include revolving signs or readerboard signs.

7.

"Awning" means an appendage extending from the exterior wall of a building, typically used for shading, and composed of nonrigid materials (except for the structural framework).

8.

"Awning sign" means a sign painted on, or attached to, the surface of an awning.

9.

"Background sign area" means the area included within the outer dimensions of the sign face containing lettering, writing, representation, or logo, together with any frame, structural, or decorative trim forming an integral part of the display and measured in square feet. Support structures for freestanding signs are not included in the sign area except when designed in a manner to further display logos, text, or lettering pertaining to the subject business. For wall or projecting signs that do not contain a clear and/or rectangular border, the background sign area is calculated by enclosing the entire sign within two sets of parallel lines.

"Balloon string" means an arrangement of one or more balloons, with or without any text, which are inflated with air or helium and tethered to a fixed location intended to draw attention to a specific location.

11.

"Banner" means a sign fabricated of plastic, cloth, or similar material attached to a building.

12.

"Can sign" means a sign constructed of a solid cabinet that is not sculpted to the shape of its contents.

13.

"Canopy" means a structural or ornamental roof-like appendage attached to a building, including roof overhangs, marquees, and awnings.

14.

"Canopy sign" means a sign attached beneath or placed upon the structural projection or canopy of a building.

"Changeable-copy sign" means a sign which is characterized by changeable copy.

"Channel letter" means an individual sign can for each letter of sign copy.

"Copy" means any written words, letters, symbols, emblems, designs, figures, and logos used to attract attention to, or identify, a land use.

"Design review board" means the design review board of the city of Whittier, as provided for in Chapter 2.12 of the Whittier Municipal Code.

19.

"Directional sign" means on-premises, freestanding, ground, wall, projecting, or awning signs designed and used to guide or direct pedestrian or vehicular traffic to a particular location or business.

20.

"Director" means the director of community development for the city of Whittier. "Director" shall also include his/her designee.

Facade, Primary. "Primary facade" means a building facade that faces a public street.

22.

Facade, Secondary. "Secondary facade" means a building facade that contains a public entrance, but which does not face a public street.

23.

Fair and Just Compensation—Commercial Signs. See definition in Section 18.78.010(G).

24.

"Festoon" means decorative material or bunting typically attached to a freestanding light standard, used as a means to draw attention to a business.

25.

"Flag (commercial)" means any fabric, banner, or bunting used as a means of advertising, which is attached to a building or pole.

26.

"Freestanding sign" means a sign installed on the ground and detached from any building or wall. Freestanding signs include, but are not limited to, monument, pylon, and pole signs.

27.

"Height" means the greatest vertical distance measured from the finished grade of the sidewalk or top of a curb, whichever is less, to the top of a sign, a sign structure, or advertising display.

28.

"Human advertisement" means any person who is located anywhere within the city, and whose intent is to advertise a business or service, by way of his/her actions, including but not limited to, by holding a temporary sign, wearing a costume, or wearing body paint.

29.

Illegal Sign. See definition in Section 18.78.010(H).

30.

"Illuminated sign" means a sign which uses an internal or external source of light in order to make readable its copy.

31.

"Inflatable character" means an inflatable, balloon-like character, character representation, logo, or other design, generally tethered to the ground or to the roof of a structure.

32.

"Institutional use" means a facility supporting a public service such as a church or other place of worship; an educational institution (public or private); a hospital; and/or a center for public gathering, including any facility used for sporting events.

33.

"Logo" means a visual symbol, representation, or character identifying the business or service provided, which may be all or a portion of the sign.

34.

Reserved.

35.

"Maintenance" means replacement of copy, change of color, maintenance, or repair made to a sign. Any change in location or structure is beyond the scope of maintenance for the purpose of these provisions (see Modification).

36.

"Master sign program" means a comprehensive signage plan specifying the overall sign design, location, placement, and sizes of all signs proposed for a commercial center, as specified under Section 18.75.020 of the Whittier Municipal Code.

37.

"Modification" means any change in location or structure of a sign.

38.

"Monument sign" means a freestanding sign designed with its horizontal dimension greater than its vertical dimension and supported by a pedestal base.

39.

"Mural (commercial)" means a commercial mural is defined as artwork applied to and made an integral part of an exterior wall of a building, public or private, and which directs attention to a business, commodity, industry, or other commercial activity sold, offered, or conducted on the premises upon which such sign is located.

40.

"Neon lighting and sign" means any electric gas tube lighting and any sign containing argon, neon, krypton, helium, or xenon.

41.

Nonconforming Signs. See definition in Section 18.78.010(I).

"On-premises signs" means signs that direct attention to a business, commodity, industry, or other commercial activity sold, offered, or conducted on the premises upon which such sign is located.

For

the purposes of Chapters 18.73 through 18.78 and this chapter, all signs on private property that display noncommercial messages or designs are considered on-premises signs, irrespective of where they are placed.

43.

"Off-premises signs" means signs that direct attention to a business, commodity, industry, or other commercial activity sold, offered, or conducted elsewhere than on the premises upon which such sign is located.

44.

"Pennant" means a flag, string of flags, or similar objects used as a means to draw attention to a business, commodity, industry, or other commercial activity.

45.

"Permanent sign" means and includes all signs referred to in Chapters 18.73 through 18.78 and this chapter, except temporary signs.

46.

"Pole sign" means a freestanding sign supported by one or more structural columns devoid of architectural detail and lacking integration into the sign background and face.

47.

"Planning division" means the planning division of the city of Whittier's community development department.

48.

"Portable sign" means any sign not permanently attached to the ground or to a building. Such signs shall include, but not be limited to, A-frame or sandwich signs, a sign on wheels, a sign that leans against a structure or vehicle, and any other sign that can be moved readily.

49.

"Projecting sign" means a sign affixed to a building facade, placed at an angle perpendicular to the building's exterior wall, or bisecting the corner of a building.

50.

"Promotional sign" means a sign, in addition to a permanent sign, installed on a temporary basis and used to promote a special event or product available at the site on which the sign is located.

51.

"Pylon sign" means a freestanding sign designed with its vertical dimension greater than its horizontal dimension and supported by a single pedestal base or architecturally integrated support posts.

52.

"Readerboard" means a sign containing, in whole or in part, electrical devices allowing for changing copy, text, or content. Electric time and temperature signs are not considered a readerboard.

53.

"Roof sign" means any sign that is placed upon or above a roof of a building, and which is attached to the same, not to include signs mounted on the face of a parapet.

54.

"Sculpted cabinet sign" means a single channel sign cabinet that follows the contours of the sign copy.

55.

"Sign/sign structure/display" means any writing (including letter, word, or numeral), pictorial presentation (including illustration or decoration), emblem (including device, symbol or trademark), flag (including banner or pennant) or any other device, figure, or similar character which:

A.

Is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building, other structure or device; and

B.

Is used to announce, direct attention to, or advertise; and

C.

Is visible from the outside of a building.

56.

"Sign placement area" means the largest flat and uninterrupted wall plane of either a primary or secondary facade, not including windows.

Any sign authorized under Chapters 18.73 through 18.78 and this chapter can contain noncommercial copy in lieu of any other copy. Signs containing noncommercial speech are subject to the same time, place, and manner regulations as commercial signs, as regulated by Chapters 18.73 through 18.78 and this chapter.

(Ord. 2900 § 3 (part), 2007)

18.72.060 - Prohibited signs. ¶

Construction, installation, or placement of the following types of signs is prohibited:

Pole signs;

Balloon strings;

C.

Roof signs;

Vehicle-mounted signs;

Animated signs;

F.

Signs that produce smoke, sound, or other emissions;

Any sign containing fluorescent colors;

H.

Can signs.

(Ord. 2900 § 3 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.72.070 - State and federal requirements.

The provisions in Chapters 18.73 through 18.78 and this chapter do not excuse, prevent, materially alter, or restrict any signage requirements under any California or federal statutes. Any provisions in Chapters 18.73 through 18.78 and this chapter that are inconsistent or in conflict with state or federal law, are preempted.

(Ord. 2900 § 3 (part), 2007)

Chapter 18.73 - OFF-PREMISES SIGNS—SIGNS IN THE PUBLIC RIGHT-OF-WAY—HUMAN ADVERTISEMENTS

18.73.010 - Off-premises signs prohibited.

A.

All permanent off-premises signs are prohibited in the city of Whittier.

B.

All temporary off-premises signs are prohibited in the city of Whittier, except as provided in Section 18.73.030.

(Ord. 2900 § 4 (part), 2007)

18.73.020 - Signs in the public right-of-way. ¶

Except as provided in Section 18.73.030, no private person, group, or entity may place any type of sign, temporary or permanent, or any human advertisement, in the public right-of-way.

(Ord. 2900 § 4 (part), 2007)

18.73.030 - Exceptions—Temporary directional signs.

A.

The following temporary signs may be placed in the public right-of-way, without obtaining a permit: signs for any business that provides goods or services that meet one or more of the following criteria: (1) the business is of a transitory or temporary nature; (2) the business does not have a fixed place of business or the goods or services themselves cannot practically be viewed and/or sold out of one business location or any business location.

B.

Before a business may place its signs in the public right-of-way pursuant to this section, the director must make a finding, in accordance with the procedures in Section 18.73.040, that a particular type of business satisfies the criteria in subsection A of this section.

C.

Without a prior finding by the director, temporary directional signs for the following goods and services are deemed to satisfy the criteria for the exception in subsection A above:

1.

Real estate directional signs, directing to properties that are for sale or for rent.

2.

Yard sale directional signs, including garage sales and estate sales, directing where such sales are to occur.

D.

Temporary directional signs in the public right-of-way are subject to all of the following limitations:

1.

Signs shall be temporary signs, and will not be permanently affixed to or in the public right-of-way, but may be anchored or weighed down to or in the public right-of-way to prevent them from falling or being blown into the street or sidewalk.

Only directional signs are allowed, that is, the purpose of the sign is to indicate in which direction potential buyers or customers should proceed to locate the goods or services.

3.

Temporary directional signs shall only be placed in landscaped parkways, and shall not be placed on the sidewalk or in the center street median.

4.

No signs shall be placed on utility poles, light or traffic light poles, traffic signs or traffic sign poles, or street trees.

5.

No more than seven signs per property for sale or rent, and no more than four signs per yard sale, may be temporarily placed in the public right-of-way at any one time.

6.

A distance of five hundred feet or more is required between individual temporary directional signs on the same street, which purpose is to direct persons to a particular address or property. This limitation does not apply to signs that pertain to different properties.

7.

The background sign area shall be no larger than three feet by four feet.

8.

All signs shall not exceed five feet in height, measured from the highest street grade in contact with the sign to the top of the sign.

9.

Real estate signs directing persons to a particular property shall be placed in the public right-of-way only during the hours that an open house is occurring at that property, and at which the seller or his/her representative is present.

10.

Yard sale and estate sale signs must be removed at the conclusion of the sale to which they refer. Such signs may not be placed in the public right-of-way any earlier than the Thursday preceding the sale, and no sooner than forty-eight hours prior to the sale to which they refer.

11.

No signs shall be placed so as to obstruct pedestrians' and motorists' view of signs erected by a local, state, or federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs.

No signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles.

13.

No signs shall be placed so as to obstruct ingress and egress to any public or private property.

14.

Temporary directional signs shall only be placed on the public right-of-way Thursday through Sunday for a maximum of eight consecutive hours on each day.

15.

Temporary directional signs shall not be designed or constructed to cause undue distraction to motorists. For example, temporary signs in the public right-of-way shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts, and shall not generate any source sounds (including radio waves), and shall not release steam or smoke.

16.

Any other reasonable restrictions, or modifications to the above restrictions, which the director finds are necessary to further the purposes of this code, consistent with the type of sign or business.

E.

This section is subject to the substitution clause articulated in Section 18.72.050 of this code.

(Ord. 2900 § 4 (part), 2007)

18.73.040 - Human advertisements. ¶

All human advertisement is prohibited in the city of Whittier where such advertisement is intended to, or does in fact, attract the attention of passing motorists to a business or service.

(Ord. 2900 § 4 (part), 2007)

18.73.050 - Procedure—Exception and appeal. ¶

A.

The director must make the determination of whether a business falls within the exception in Section 18.73.030(A) within fifteen business days of receipt of a written request by the sign's owner for such determination. The director shall notify the applicant of his/her decision forthwith by U.S. mail.

B.

In the event that the director denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the director's decision in writing to the city manager, who shall review all relevant evidence relating to the appeal. The city manager shall make a determination within ten business days of

receipt of the appeal. The city manager shall notify the applicant of the determination forthwith by U.S. mail.

C.

In the event that the city manager denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the city manager's decision in writing to the city council, which shall conduct a hearing on the matter within thirty days of receipt of the request. Notice of the time and place of the hearing before the city council shall be given by U.S. mail. At the hearing, the city council shall conduct a de novo review of all relevant evidence relating to the appeal and shall not be bound by the formal rules of evidence. The city council shall make a determination within fifteen business days of the hearing. The city council shall notify the applicant of the determination forthwith by U.S. mail. The city council's determination is final. The time for a challenge to the city council's decision in a court of law is governed by California Code of Civil Procedure Section 1094.8. Notice of the city council's decision shall include citation to California Code of Civil Procedure Section 1094.8.

(Ord. 2900 § 4 (part), 2007)

Chapter 18.75 - ON-PREMISES SIGN PERMIT REQUIREMENTS AND APPLICATION PROCEDURES

18.75.010 - Permit required. ¶

A.

No construction, erection, installation, relocation, or alteration of any permanent on-premises sign is permitted prior to obtaining the applicable permit.

B.

Any individual or business must obtain any and all applicable permits and/or approvals that may be required by other provisions of this code, including but not limited to building permits and electrical permits.

C.

The following table outlines the type of sign, review procedure, and approval authority:

Table 1 — Review Procedures

Sign Type	Review Procedure	Approval Authority
Banners, fags, portable signs, similar displays	Sign plan review	Director of community development
Banners, infatable characters, and similar sign types for outdoor display uses only	Promotional sign program reviewed on an annual basis	Director of community development
Permanent window signs	Sign plan review	Director of community development
For development with less than 3 tenants: Walls signs, (including painted wall signs), projecting, awning, and freestanding signs in all zones	Sign plan review	Director of community development
For development with 3 or more tenants: Walls signs, (including painted wall signs), projecting, awning, and freestanding signs in all zones	Sign plan review and compliance with master sign program	Director of community development
---	---	---
Signs included in projects requiring development review	Sign plan review within development review application	Director of community development
Signs included in projects requiring a CUP	Sign plan review within CUP application	Planning commission

1 The design review board is the approval authority for a master sign program.

D.

Application Requirements. The following information must be submitted for all sign plan review applications:

1.

A scaled site plan indicating location of all signs (existing and proposed);

2.

Elevations indicating placement of all proposed signs, as well as color photographs no smaller than four inches by six inches clearly showing the elevation and placement of all existing signs;

3.

Written descriptions of proposed colors, font styles, materials, fabrication methods, and letter sizes;

4.

Any other sign permits issued and/or revoked by the city to the applicant in the three years prior to the permit application, and the type of sign for each such permit; and

5.

The address where the proposed sign will be located, including the assessor's parcel number.

E.

Permit Not Required. No permit is required for: (1) the changing of advertising copy or message on a painted or printed sign, or (2) replacing copy in signs specifically designed for the use of replaceable copy, or (3) maintenance of the sign.

(Ord. 2900 § 5 (part), 2007)

(Ord. No. 2932, § 14, 8-11-09; Ord. No. 3054, § 13, 8-9-16)

18.75.020 - Master sign program—Multi-tenant properties.

Permits for new signs, or permits for modifications to existing signs, at both existing or proposed commercial centers containing three or more tenants require submission of a master sign program to the planning division for review and approval by the design review board. All individual signs within a master sign program must conform to all applicable standards set within this chapter.

B.

Each master sign program application must provide the following information:

1.

Overall sign design, location, placement, and sizes of all signs proposed within the center;

2.

Fully-dimensioned and detailed site and elevation plans, colored renderings, and written descriptions of each individual proposed sign;

3.

Each master sign program shall contain the permitted colors, letter, and font designs, sizes, number, and locations of signs and shall be accompanied by colors and materials board. Approved master sign programs will be kept by the planning division and used in the review of any and all sign applications made by the owner or tenants of the subject property;

4.

For any application involving the revision or addition to a master sign program, the applicant must submit a new master sign program application to include details of the proposed revision as well as a mailing list of the current tenants at the subject site;

5.

The application must list whether the applicant has other sign permits that were issued or revoked in the three years prior to the year of the permit application. If the application lists such other permits, the list shall include the type of sign for each permit; and

6.

The application must include the address where the proposed sign will be located, including the assessor's parcel number.

(Ord. 2900 § 5 (part), 2007)

(Ord. No. 2932, § 15, 8-11-09; Ord. No. 3054, § 14, 8-9-16)

18.75.030 - Permit—Decision to grant or deny.

A.

The planning division must grant, conditionally grant, or deny an application for a permit under this chapter.

1.

The planning division must grant a completed sign application that conforms with all applicable provisions in the Whittier Municipal Code for conforming signs, and all applicable planning and building permits have been validly obtained for the property upon which the sign will be erected.

2.

An application may be granted conditioned upon the modification of the sign plan or master sign plan so as to conform to these provisions, and/or conditioned upon obtaining any other applicable permits for the property upon which the sign will be erected.

3.

An application will be denied under the following conditions.

a.

The submitted sign plan or master sign plan provides for signage that exceeds the total allowable background sign area for the property, or one or more of the proposed signs does not conform with the provisions of this chapter; and the applicant has not modified the sign plan or master sign plan to conform with the planning division's guidelines and these provisions.

b.

The applicant has failed to obtain or maintain all required city, county, and state licenses and permits applicable to and required for the use of the property.

c.

The applicant has made material misrepresentations or has been intentionally misleading with respect to the requirements of Section 18.75.010(D) or 18.75.020(B).

d.

The applicant has been convicted of, or has pled guilty or nolo contendere to, violating any of the provisions in Chapters 18.72 through 18.78 (or the earlier enacted version of these provisions) within the twelve months preceding the current application.

B.

1.

The completeness of an application is determined by the director within twenty-one calendar days of submission to the planning division. If the director determines that the application is not complete, the director must notify the applicant in writing that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete.

2.

Within twenty-one calendar days following the receipt of an amended application or supplemental information, the director must determine whether the application is complete. If an amended application is not filed with the city within fifteen days of the date of the notice to the applicant that the application is incomplete, then the application is deemed withdrawn.

C.

The director, planning commission or design review board —as applicable—must consider the application and issue a decision within sixty days of the determination of a complete application for a sign plan review, or within sixty days of the determination of a complete application for a master sign program.

D.

The director's planning commission's, or design review board's decision must be hand-delivered or mailed to the applicant forthwith.

E.

The applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of a pending application. Extensions of time sought by applicants are not to be considered delay on the part of the city, or constitute failure by the city to provide for prompt decisions on applications.

F.

Failure by the city to render a decision within the time frames established in any part of this chapter is deemed a grant of the permit application.

(Ord. 2900 § 5 (part), 2007)

(Ord. No. 2932, §§ 16, 17, 8-11-09; Ord. No. 3054, §§ 15, 16, 8-9-16)

18.75.040 - Permit—Appeal of decision to city council.

A.

1.

A decision by the director, planning commission, or design review board, as applicable, to conditionally grant, deny, or revoke a sign permit may be appealed to the city council. The applicant must submit a written request for an appellate hearing by the city council within thirty days of the date the city's decision is hand-delivered or mailed, whichever is earliest. The written request must be accompanied by a processing fee, as determined by resolution. A schedule of fees is available at City Hall. Failure to timely appeal a decision to the city council, or submission of a written request without the processing fee, is deemed a waiver of the right to appeal the decision.

2.

The city council must notify the applicant of an appellate hearing date within ten days of receipt of the written request and processing fee. The hearing date must be within twenty days of the date of mailing of the notice for the hearing.

B.

Content and Conduct of Hearing.

1.

Rights of the Parties. The parties (the appellant and the city) have the right to: (i) be present at the hearing; (ii) represent themselves or be represented by counsel; (iii) testify in their own behalf; (iv) call and examine witnesses, regardless of which party first called the witness to testify; and (v) rebut any adverse evidence.

2.

Admissibility of Evidence. The city council will hear all evidence that is relevant and material to the issues raised by the appeal. Any relevant evidence is admissible if it is the type of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of any common law or statutory rule of evidence that might make admission improper over objection in civil actions in courts of competent jurisdiction in the state of California. All witnesses must be sworn in by the recording secretary prior to giving testimony.

Relevant hearsay evidence is admissible, but may not be solely relied upon by the city council to reach a determination.

3.

Degree and Burden of Proof. The city has the burden to prove its case by a preponderance of the evidence, that is, evidence which has more convincing force and the greater probability of truth than the evidence which is offered in opposition to it; evidence which as a whole shows that the fact sought to be proved is more probable than not.

4.

Decision by the City Council. After all the speakers have been heard and all the evidence has been reviewed, the hearing shall be declared closed. After close of the hearing, members of the city council may publicly discuss the matter before them and may ask questions of persons who have spoken before them. Upon the conclusion of the discussion, a member of the city council will ask for a motion declaring the decision of the board. The motion must be made and seconded, and voted upon by the city council. An appeal is approved if a motion with appropriate findings is carried by a majority vote of the members voting. The failure to carry a motion to approve constitutes denial of the appeal. The city council's written decision and findings must be made within seven days of the hearing. The city council's decision must forthwith be mailed or delivered in person to the appellant.

(Ord. 2900 § 5 (part), 2007)

(Ord. No. 2932, § 18, 8-11-09; Ord. No. 3054, § 17, 8-9-16)

18.75.050 - Permit—Judicial review of city council's decision. ¶

The city council's decision is final. The decision is deemed final on the day that it is deposited into the U.S. mail, addressed to the applicant at the address provided on the sign permit application. The notice of decision must provide that the applicant has the right to challenge the city council's decision in a court of law, in accordance with the provisions of Section 1094.8 of the California Code of Civil Procedure.

(Ord. 2900 § 5 (part), 2007)

18.75.060 - Permit revocation. ¶

A.

Any permit issued pursuant to the provisions of this chapter may be revoked by the city on the basis of any one or more of the following:

1.

One or more of the signs has been constructed or erected in a manner which violates one or more of the conditions imposed upon the issuance of the sign plan or master sign program permit, or fails to conform to the plans described in the application.

2.

The permittee has failed to obtain or maintain all required city, county, and state licenses and permits.

3.

The permit is being used to erect a sign relating to an activity or location different from that for which the permit was issued.

4.

The permittee has misrepresented a material fact in the permit application.

5.

The business or activity for which the permit was granted has been abandoned or has changed to a different business.

6.

The applicant is convicted of, or pleads guilty or nolo contendere to, violating any of the provisions in Chapters 18.72 through 18.78 (or the earlier enacted version of these provisions, if applicable).

(Ord. 2900 § 5 (part), 2007)

Chapter 18.76 - SIGN CONSTRUCTION AND PLACEMENT REQUIREMENTS

18.76.010 - General standards. ¶

==> picture [216 x 219] intentionally omitted <==

Figure 1—Architectural Compatibility

The following standards are applicable to the design, construction, and placement of all signs in all zones:

A.

All signs must incorporate the major architectural design elements of the building or structure to which they relate, such that the design, materials, illumination, lettering, and colors of the signs reflect those used on the building exterior.

B.

Fluorescent or day-glo colors are prohibited.

C.

For the purpose of providing adequate emergency services, all main signs must be clearly legible, and must contain the street number and the name of the business in the English alphabet.

D.

Sculpted cabinet signs designed as logos are encouraged, particularly when they support the architectural style or era of the building.

E.

All Signs must be Illuminated Internally. This requirement does not apply to sign designs that utilize other forms of illumination such as exposed neon, decorative light fixtures attached to the facade, flexible tubing, and architecturally-integrated uplighting or backlighting.

F.

The lighting design is approved on the basis of consistency with the architectural design or character of the building to which it relates, as well as with the district or neighborhood in which it is located.

G.

The scale, size, design, and proportion of an existing sign may not be modified unless integrated through a comprehensive redesign of the original sign. Any modification or alteration of an existing sign requires that a supplemental sign plan or master sign program, as applicable, be submitted for review and issuance of a new permit.

H.

No signs are allowed other than on a primary or secondary facade (as defined in Section 18.72.020(21), (22). Any side of a building without a public entrance or not facing a public street may not have any signs.

I.

No signs in either the C or M zone may be made of wood, except as provided in Section 18.76.030.

J.

Letter types are limited to the following, unless expressly approved by the planning division:

1.

Cabinet letters with opaque background and dimensional letters;

2.

Individual letters;

3.

Channel letters;

4.

Reverse channel letters;

5.

Sculpted cabinet signs.

K.

All signs, together with all their supports, braces, guys, and anchors, must be kept in good repair and in the proper state of preservation. All signs for which a permit is required are subject to inspection by the manager of building and safety. All signs containing electrical wiring are subject to the provisions of city electrical regulations, and the electrical components used must bear the label of an approved testing agency. The manager of building and safety may order the removal of any sign that is not maintained in accordance with this code. All signs may be reinspected at the discretion of the manager of building and safety.

All signs must be designed and constructed to withstand windloads as set forth in Table 23-F of the Uniform Building Code with a minimum design load of twenty pounds per square foot.

M.

All signs, including structural supports, must be constructed of approved materials.

(Ord. 2900 § 6 (part), 2007)

(Ord. No. 3121, § 16, 8-25-20)

18.76.020 - Wall signs.

==> picture [192 x 148] intentionally omitted <==

Figure 2. Calculating Background Sign Area

Table 2 — Wall Signs (except Institutional Wall Signs)

	R3, R4, & R5	C-0, C-1, C-2 (HO),	C-2, C-3, M, MU-1 MU- 2, MU-3, MED, & INV
A. Number	1. 1 sign per business per primary facade; and 2. 1 sign per business on 1 secondary facade ≤ 50% size primary facade sign. For multi-story buildings, 1 sign per primary façade is permitted, with sign on secondary façade permitted only at an entrance to an individual business.
B. Location	1. Attached parallel to and in front of exterior wall. 2. May not protrude more than 12″ from wall. 3. May not project above parapet or eave line, nor below sign placement area. 4. Not allowed on freestanding exterior walls or fences. 5. May not cover signifcant architectural details.
C. Background Sign Area (Fig. 2)	≤ ⅓ square foot per lineal foot of facade.	≤ 1 square foot per lineal foot of facade.	≤ 2 square feet per lineal foot of facade.
D. Sign Length	≤ 75% of horizontal length of facade where sign is placed.
E. Letter Height	≤ 75% of height of sign placement area, and not less than 12″.
F. Fabrication	1. Individual letters and sculpted panels must be	1. Individual channel letters (including reverse channel letters), sculpted cabinet signs only, no can
	recessed, framed, or otherwise add relief to design. 2. No painted wall signs. 3. Other fabrication methods will be reviewed for consistency with design guidelines of this chapter.	signs. 2. Individual letters and sculpted panels must be recessed, framed, or otherwise add relief to design. 3. No painted wall signs. 4. Other fabrication methods will be reviewed for consistency with design guidelines of this chapter.
---	---	---

(Ord. 2900 § 6 (part), 2007; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.76.030 - Projecting signs. ¶

==> picture [239 x 145] intentionally omitted <==

Figure 3. Architecturally Integrated Support and Accessory Devices

Table 3 — Projecting Signs

	C-0, C-1, C-2 (HO), MU-1, M-2	C-2, C-3, MU-3, INV MED and M
A. Number	1. 1 sign per primary facade; or 2. 1 sign per secondary facade for	buildings that lack primary facade.
B. Location	1. Attached perpendicular to the exterior wall of building or placed to bisect corner of building. 2. May not extend above building parapet or roof eave line unless sign is consistent with architectural style of building, as determined by manager. 3. May not be supported by devices located on roof nor any area extending above building eave or parapet. 4. Must maintain clearance of 8 feet from grade of adjoining public right-of-way. 5. Must maintain minimum distance of 10 feet between one another whether on same or separate parcels. 6. Must be placed entirely within sign placement area.
	7. Separate structures/tenant spaces with shared walls: must maintain minimum distance of 5 feet from property/lease line separating structures/tenant spaces. 8. Separate structures/tenant spaces with immediately adjacent side walls: must maintain minimum distance of 5 feet from property line separating structures/tenant spaces. 9. Freestanding buildings: must maintain minimum distance of 3 feet from edges of building's exterior side wall or primary frontage or secondary frontage unless it bisects the corner of the building. 10. Not permitted on freestanding exterior walls, fences, or light fxtures.	7. Separate structures/tenant spaces with shared walls: must maintain minimum distance of 5 feet from property/lease line separating structures/tenant spaces. 8. Separate structures/tenant spaces with immediately adjacent side walls: must maintain minimum distance of 5 feet from property line separating structures/tenant spaces. 9. Freestanding buildings: must maintain minimum distance of 3 feet from edges of building's exterior side wall or primary frontage or secondary frontage unless it bisects the corner of the building. 10. Not permitted on freestanding exterior walls, fences, or light fxtures.
---	---	---
C. Background Sign Area	1 square foot per lineal foot of either primary or secondary facade.
D. Sign Length	≤ 25% the overall height or vertical distance from roof peak to fnished grade of adjacent building frontage.
E. Fabrication (Fig. 3)	1. Wood or nonilluminated faces permitted if consistent with architectural style of building. 2. Sculpted projecting signs with opaque background and raised/routed lettering as an alternative to prohibited can signs. 3. Other fabrication methods must be reviewed by the design review board for architectural consistency with the building. 4. Supporting devices must be architecturally integrated with the building.
F. Illumination	1. Only external illumination. 2. Decorative illumination allowed (e.g., exposed neon, decorative light fxtures attached to structure, fexible tubing, architecturally integrated uplighting).	1. Projecting signs with opaque backgrounds may be internally illuminated. 2. Decorative illumination allowed (e.g., exposed neon, decorative light fxtures attached to structure, fexible tubing, architecturally integrated uplighting).

(Ord. 2900 § 6 (part), 2007)

(Ord. No. 2932, § 19, 8-11-09; Ord. No. 3054, § 18, 8-9-16; Ord. No. 3159, § 3(Exh. A), 11-12-24) 18.76.040 - Awnings and awning signs.

==> picture [216 x 117] intentionally omitted <==

Figure 4—Awning Signs

Table 4 — Awnings and Awning Signs

	All Zones
A. Number	1. 1 sign per individual awning.
	2. No more than 1 line of text and no more than 6 characters per lineal foot of text.
B. Location	1. Permitted for businesses located on the ground foor and abutting a public street/walkway (not alleys or service entries).
	2. Centered directly above a public entry or transparent window on the ground foor of a building.
	3. Awnings/canopies that complement the architectural style of the building, and that are not illuminated, may extend uninterrupted for the length of building facade with a public entrance or facing a public street.
C. Background Sign Area	≤ 50% of total area of fascia/fap.
D. Fabrication (Fig. 4)	1. Must be installed per industry standards, and must conform to the regulations governing their construction and installation, per the California Building Code and the Whittier Municipal Code.
	2. Must be fabricated of canvas or other similar natural material approved by the director of community development. Vinyl awnings are acceptable only when they are not internally illuminated.
	3. The shape of the awning or canopy must refect the architectural style of the building to which it relates.
E. Maintenance	1. Must be maintained in good repair. Must be removed and replaced when they become faded, torn, broken, discolored, or have otherwise deteriorated.
	2. Must be replaced or removed when the business to which the awning sign relates vacates the tenant space.
	3. New tenants/property owners must replace the awning or canopy fabric prior to including signs displaying their business name.
	4. An awning fascia replacement is required for a new sign.

(Ord. 2900 § 6 (part), 2007; Ord. No. 3121, § 17, 8-25-20)

18.76.050 - Permanent window signs.

Table 5 — Permanent Window Signs

	All Zones
A. Number	1. Maximum 3 signs for windows up to 50 square feet in area.
	2. Maximum 5 signs for windows up to 100 square feet in area.
B. Location	1. Only allowed in transparent windows.
	2. Opaque windows may not contain either permanent or temporary window signs.
C. Background Sign Area	1. Total area of all window signs ≤ 25% of the window area.
	2. Illuminated neon around the contours of a window, or used to create a frame within a window, constitute a window sign, and are subject to the 25% of the window area limitation.
D. Fabrication	Must be professionally constructed and must conform to industry standards.
E. Maintenance	1. Must be maintained in good repair. Must be removed and replaced when they become faded, broken, discolored, or have otherwise deteriorated.
	2. Window signs are abandoned once the business/tenant to which they relate no longer occupies the building/tenant space.

(Ord. 2900 § 6 (part), 2007)

18.76.060 - Freestanding signs. ¶

==> picture [210 x 120] intentionally omitted <==

Figure 5. Location of Monument Signs (within landscape planter)

==> picture [182 x 132] intentionally omitted <==

Figure 6. Monument Sign

==> picture [168 x 157] intentionally omitted <==

Figure 7. Multi-Tenant Pylon Sign

Table 6 — Freestanding Signs

(Except Institutional Freestanding Signs)

	R-1, R-2, R-3, R-4, R-5	C-0, C-1, and C-2 (HO)	C-2, C-3, MU1, MU2, MU3, INV, MED Lots < 2 acres	C-2, C-3, and MU-3 and M Lots 2 to 30 acres	C-2, C-3, & M Lots > 30 acres
A. Uses	Building/Community Identifcation Signage	For single and multi-tenant stand alone and mixed uses. To be incorporated into a Master Sign Program for buildings with three or more tenants.
B. Number	2 per lot	2 per lot	2 per lot	3 per lot	1. No maximum. 2. Master sign program approval required.
C. Type of Sign Allowed	Monument	Monument	Monument	Monument or Pylon	Monument or Pylon
D. Location	1. Freestanding signs must be located minimum 5 feet from the property line along the primary or secondary street frontage. (Fig. 5)
	2. Monument signs may extend up to 3 feet into the required 5-foot setback when placed within a landscaped planter area that contains and automatic irrigation system that has been reviewed and approved by the city of Whittier parks, recreation and community services department. (Fig. 5)
	3. Pylon signs must be located minimum 10 feet from the property line along either the primary or secondary street frontage.
	4. No freestanding sign may project into the public right-of-way.	4. No freestanding sign may project into the public right-of-way.	4. No freestanding sign may project into the public right-of-way.	4. No freestanding sign may project into the public right-of-way.	4. No freestanding sign may project into the public right-of-way.
---	---	---	---	---	---
	5. Must be placed minimum 10 feet from any driveway or point of ingress/egress on the property or any adjacent property.
	6. Must be placed minimum 10 feet from the side lot/shared property line separating 2 independent parcels not part of the same development.
	7. Minimum 150 feet between freestanding signs on the same lot, or contiguous lots under same ownership.
	8. Corner lots only: signs located on a secondary street, minimum setback from the corner > ⅓ the total linear distance of the secondary street frontage.
	9. All setback minimums are subject to maintenance of a line of sight trafc, as determined by the city trafc engineer.				for vehicular
E. Maximum Aggregate Background Sign Area	24 square feet	32 square feet	½ square foot per lineal foot of street frontage; and no more than 50 square feet	½ square foot per lineal foot of street frontage	½ square foot per lineal foot of street frontage
F. Maximum Aggregate Background Sign Area/Corner Lots	1. See maximum aggregate background sign area regulations for specifcations of allowed sign area per frontage, above.
	2. The aggregate sign area for the primary and secondary frontages must be calculated separately, based upon the dimensions of each individual frontage. A business with both primary and secondary street frontages may not aggregate the allowable sign area from both frontages in order to erect a larger sign than these provisions allow.
	3. Maximum aggregate background sign area is not transferable between street frontages.
	4. Signs placed along the secondary frontage not to exceed 60% of the allowable square footage for signs permitted along the primary frontage.
G. Maximum Sign Height	36" inches. Decorative features (pilasters, columns, or similar) may exceed the maximum height by up to 12"	48 inches	6 feet	25 feet	40 feet
H. Business Identifcation	1. All freestanding signs must include the numerical street address designed with Arabic numerals, and the name of the business the sign relates to in English characters, both a minimum of 6 inches in height. The purpose of this requirement is to make the business or property easy to fnd for emergency personnel.
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	2. Street numbers and business name to complement the style and font used for the main lettering on the sign.
I. Business Identifcation/Multi- Tenant Signs (Fig. 7)	1. Content: limited to the names of the center and of the individual tenants, with the optional addition of a logo, character representation, or other decorative feature. The content restriction for multi-tenant signs is to ensure that emergency crews and customers can easily identify tenant businesses located in multi-tenant lots.
	2. Minimum 8-inch letter height for the name of the center.
	3. Minimum 6-inch letter height for the names of the tenant businesses.
	4. When designed with removable plexiglass panels for individual tenants, standard panel length, height, font, and background color must be established for the freestanding sign design, unless otherwise expressly approved in the master sign program.
	5. The purpose of the provisions regulating multi-tenant signs is to achieve design continuity in multi-tenant pylon sign designs, but also to allow for individual businesses to display their distinctive logo, or to allow display of creative signage, as approved by the planning division.
J. Fabrication	1. Only monument or pylon signs.
	2. All copy on freestanding signs must be of individual channel letters, routed push- through letters or logos, sculpted cabinets with opaque background material, or other three-dimensional designs as approved by the Director. Approval of copy type and design not listed above shall not be unreasonably withheld.
	3. All freestanding signs must have a base element. The base elements of monument or pylon signs consist of materials that refect the architectural style and materials of the buildings to which they relate.

	R-1, R-2, R-3, R-4, R-5	C-0, C-1, and C-2 (HO)	C-2, C-3, MU1, MU2, MU3, INV, MED Lots < 2 acres	C-2, C-3, and MU-3 and M Lots 2 to 30 acres	C-2, C-3, & M Lots > 30 acres
	4. The pedestal base element of monument signs must be designed to "ground" the sign through materials, including but not limited to, rock, masonry, or wood, or through decorative treatment consistent with that on the associated building. Base materials and colors must difer from those materials used for the background area of the sign.
	5. Any other fabrication methods of freestanding signs, including but not limited to wires, brackets, or any other kind of exposed hardware, must be reviewed for consistency with the architecture of the subject building and the design guidelines found within this chapter.
K. On-Premises Directional Signs	Directional signs shall not exceed six (6) square feet in background sign area and shall not exceed six (6) feet in height.

L. Off-Premises Off-premises directional signs are prohibited. Directional Signs

(Ord. 2900 § 6 (part), 2007)

(Ord. No. 2958, § 6, 10-12-10; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.76.070 - Readerboard and changeable copy signs. ¶

A.

Institutional Uses Only. Readerboard signs are limited to institutional land uses, as defined in Section 18.72.020(32).

B.

Readerboards may not be used for commercial advertising.

C.

Changeable copy signs are subject to all the provisions of this code regarding permanent signs.

D.

Readerboard and changeable copy signs may not display neon or day-glo colors.

(Ord. 2900 § 6 (part), 2007)

18.76.080 - Temporary on-premises signs. ¶

Table 7 — Temporary On-Premises Signs

	Residential and Mixed-Use Zones	C, MED, INV and M Zones
A. Permit	1. No temporary on-premises signs may be erected without approval.
	2. Temporary sign approvals may be obtained at the Planning division.
	3. Temporary sign applications must contain all the following information:
	a. Proposed sign dimensions, fabrication, colors, and fonts.
	b. Number of temporary signs per business.
	c. Proposed placement of temporary signs.
	d. Proposed time duration of sign placement.
B. Permissible Temporary Signs	The following types of signs are only permissible for institutional uses:	The following types of signs are only permissible for nonresidential uses in all commercial zones:
---	---	---
	1. Banners and pennants (institutional uses only)	Maximum of one each
		1. Banners, wraps, and similar
		2. Portable signs;
		3. Painted window signs.
C. Temporary Outdoor Displays		Only on lots > 75,000 square feet
		1. Banners;
		2. Festoons (no text);
		3. Pennants or pennant strings;
		4. Infatable characters;
		5. Portable signs;
		6. Painted window signs;
		7. Commercial fags.
D. Maximum Sign Area; Number; Location	1. Unless otherwise specifed, temporary signs that have an area larger than 4 square feet may be subject to all the provisions regulating permanent signs, including the permit requirements.
	2. Temporary signs may not exceed 1 such sign per ¼ of an acre of property, in all zones.
	3. All temporary signs must maintain a setback of at least 5 feet from the public right-of-way. The setback requirement is subject to maintenance of a line of sight for vehicular trafc, as determined by the city trafc engineer.
E. Prohibited Temporary Signs	1. Balloon strings, with or without text.
	2. Vehicle-mounted signs, as defned in Section 18.72.020(62). This provision is not applicable to advertising displays on or in vehicles that provide mass transportation, whether publicly or privately owned or run.
F. Time Limitations	1. Temporary signs may not be displayed for longer than 30 consecutive days nor for more than four such periods during any calendar year. Temporary signs placed within 15 days of the opening of a new business (a "new business" sign) may be displayed once a construction fence is installed and must be removed if a new business sign is displayed. Such signs must Temporary signs during
	construction of a new business may be displayed once a construction fence is installed and must be removed if a "Grand Opening" sign is displayed. Such signs must remain in good condition and in compliance with any and all applicable provisions.
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	2. The intent of this provision shall not be evaded by the intermittent placement and removal of temporary signs or by the placement of the same or efectively similar signs by diferent persons or entities, or in any other manner so as to avoid the time limitations and thus the permit requirements of this chapter. Intermittent means that less than 60 days pass between removal of a sign and placement of the same or efectively similar sign in the same place or area. Except as modifed in Chapter 18.76.080,Section F. (Time Limitations) Section 3 below.
G. Temporary Sign Removal	Removal of temporary signs is the responsibility of the owner of the property on which the temporary sign is located. Failure to timely remove a temporary sign is subject to an administrative citation per sign removed, to ofset the cost of removal by the city. Administrative citation amounts are determined by resolution of the city council. Property owners who can demonstrate by a preponderance of the evidence that they lacked actual knowledge of the presence of the temporary sign on their property will not be held to have violated the provisions of this section.
H. Banners, Wraps	1. Must be constructed of plastic, vinyl, canvas, or other weather resistant material. May not be constructed of paper, cardboard, clear plastic, or similar material.
	2. May not be used in lieu of a permanent sign.
	3. Must be located entirely within the subject property and may not project over property lines or into the public right-of-way.
	4. Must be attached to an exterior building wall, located below the eave or roof parapet. May not be displayed above the eave or roof line, on freestanding light fxtures, ancillary buildings, vehicles, landscape features, or plant materials. May be attached to approved construction fence.
	5. Temporary banners or wraps may not exceed ½ square foot per each lineal foot of street frontage.
	6. For multi-tenant commercial or manufacturing development, temporary banners may not exceed 1 square foot per lineal foot of street frontage for each tenant or unit space.
	7. Must be clean and properly maintained. If torn, faded, sagging, or detached must be immediately removed, replaced, or repaired.
I. Window Signs		1. Only allowed within translucent windows or glazing of a building. Opaque windows may not contain window signs.
---	---	---
		2. Must be located on windows along the facade directly adjacent to the street frontage of the lot.
		3. The aggregate area of temporary window signs in each individual window may not exceed 25% of the area of that window or glazing panel.
J. Portable Signs (Fig. 8)		1. All portable signs must be professionally designed, and constructed of wood, fberglass, or similar material, as approved by the planning division.
		2. Text, script, logos, or other information must be painted or applied in a manner consistent with the purpose and intent of this chapter to require quality signs.
		3. Portable signs may not extend into the public right-of-way or adjacent properties.

	Residential and Mixed-Use Zones	C, MED, INV and M Zones
		4. Portable signs may not be placed within any required parking areas, parking lots, or planters. This restriction does not apply to portable signs placed upon one's person.
		5. Portable signs may not be located within required public access areas, which include on- site private walkways or sidewalks. Portable signs may be placed within building recesses or in a manner as not to obstruct pedestrian fow.
		6. Portable signs may not exceed 12 square feet in area.
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		7. Portable signs may not exceed 4 feet in height.
K. Pennants/Pennant Strings		1. Only allowed for outdoor display uses located on lots 75,000 square feet or greater.
		2. Must be entirely located within the subject lot. Pennant strings may not extend beyond perimeter property lines and may not be attached to structures located on adjacent properties.
		3. May not contain any text or image.
		4. Installation is subject to the promotional sign program approval process per Section 18.76.090.
L. Festoons		1. Only allowed for outdoor display uses located on lots 75,000 square feet or greater.
		2. May be placed on light standards or other vertical elements located on the subject property, located over the outdoor display area of the subject lot.
		3. May project into the public right-of-way a maximum 12 inches with a minimum clearance of 8 feet from the adjacent sidewalk.
		4. May not contain any text or images intended to convey a message or information.
		5. Installation is subject to the promotional sign program approval process per Section 18.76.090.
M. Infatable Characters (Fig. 9)		1. Only allowed for outdoor display uses located on lots seventy-fve thousand square feet or greater, and subject to the following standards:
---	---	---
		a. Infatable characters must be located on and anchored to the ground, and in no event may be placed on the roof of any structure on the lot.
		b. Infatable characters must not contain any text or images intended to convey a message or information.
		c. Infatable characters, and their installation, are subject to the promotional sign program approval process, per Section 18.76.090.
N. Commercial Flags		1. Commercial fags may only be displayed for special events or promotions.
		2. Flag poles may be 1.5 times the height of the building, but not more than 50 feet tall.
		3. Commercial fags may not contain any text but may contain a corporate logo or representation.
O. Maintenance of Temporary Signs in Nonresidential Zones		Temporary signs must be properly maintained at all times. Any faded, torn, ripped, detached, defaced, or otherwise damaged temporary sign must be promptly repaired, replaced, or removed.
P. Seasonal or Holiday Displays		1. Seasonal or holiday displays may include painted window signs, twinkle or holiday lights, light standard decorations, fags, or other similar ornamentation
		approved by the planning division.
---	---	---
		2. Seasonal or holiday displays, other than window signs, do not require a permit.
		3. Seasonal or holiday display window signs require a permit, pursuant to Section 18.76.090(D) and this section.
		4. Window signs used as seasonal or holiday displays are subject to the size limitations of temporary window signs, per Section 18.76.090(D).
		5. No seasonal or holiday display may extend into the public right- of-way, adjacent properties, or public street or alley.
		6. No seasonal or holiday display may be placed so as to obstruct visibility of ingress or egress to the site.
		7. Seasonal or holiday displays may not be exhibited longer than 90 consecutive days.
		8. Seasonal or holiday displays may not extend into the public right-of-way, adjacent properties, or public street or alley.
Q. Temporary Noncommercial Signs	Refer to Chapter 16.10.020 (Temporary Non-commercial Signs)

==> picture [99 x 120] intentionally omitted <==

Figure 8. Portable "A" Frame Sign (see Section 18.76.080(J)—Portable Signs)

==> picture [176 x 132] intentionally omitted <==

Figure 9. Inflatable Character (for businesses with permitted outdoor commercial promotion)

(Ord. 2900 § 6 (part), 2007)

(Ord. No. 2930, § 2, 7-28-09; Ord. No. 2955, § 2, 6-27-10; Ord. No. 2960, § 1, 1-11-11; Ord. No. 2977, § 2, 7-26-11; Ord. No. 3042, § 3, 8-11-15; Ord. No. 3121, § 18, 8-25-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.76.090 - Promotional sign program.

A.

Annual Review. The purpose of the promotional sign program is to ensure the appropriate use, placement, and maintenance of temporary signs for unique land uses requiring outdoor commercial promotion due to a lack of indoor display areas for products sold on the premises. The promotional sign program requires annual review of all proposed plans for promotional and temporary signage: applicants must submit a promotional sign program application on an annual basis.

B.

Minimum Requirements.

1.

Promotional sign programs may only be approved for outdoor commercial promotion for individual businesses located on lots seventy-five thousand square feet or greater in area. Shopping centers or complexes, or individual tenants within a shopping center or complex, may not apply for the promotional sign program.

Promotional sign programs may be approved only for outdoor commercial promotion on lots located within the C-2, C-3, or M zones.

3.

All other uses are limited to temporary signage under Section 18.76.080.

C.

Application Required.

1.

An application for the promotional sign program may be obtained in the planning division.

2.

A completed promotional sign program application contains the following information:

Scaled site plan;

b.

Color illustrations of proposed signs, including accurately depicted font styles and sizes;

c.

Proposed number of signs;

d.

Proposed location of all signs;

e.

Proposed schedule of installation and removal of signs;

f.

Proposed maintenance plan for all signs;

g.

Name and current contact information of the person who is responsible for maintaining and repairing the sign throughout the promotional period, and who is responsible for removing the sign upon the termination of the promotional period, as outlined in the promotional sign program permit.

Modifications to an approved promotional sign program require review and approval by the planning division.

5.

All temporary signs permitted through the promotional sign program must be properly cleaned and maintained at all times. Any sign that is torn, faded, defaced, or otherwise damaged must be promptly removed, replaced, or repaired. Failure to remove, replace, or repair a torn, faded, defaced, or damaged promotional sign will result in administrative citations.

(Ord. 2900 § 6 (part), 2007)

18.76.100 - Landmark signs. ¶

If a sign is determined to have historical or artistic significance to the city of Whittier, its designation as a landmark sign will allow legal nonconforming signs to remain, which would otherwise be required to be removed or altered within the amortization period.

Upon adoption of this chapter, the establishment of criteria and the review process for designating landmark signs is the responsibility of the city of Whittier historic resources commission.

(Ord. 2900 § 6 (part), 2007)

18.76.110 - Murals. ¶

Commercial murals are subject to the following standards:

A.

The mural must be of a permanent material to be durable against graffiti, vandalism, fading, and weather, in order to require a low level of maintenance.

B.

The mural should be designed and executed by persons experienced in the production of murals.

C.

The mural must be permanently affixed to the property.

D.

The mural must be maintained by the property owner in a safe, neat and orderly manner acceptable by the city.

(Ord. 2900 § 6 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.76.120 - Illumination—Neon signs. ¶

A.

Signs must be designed, installed, and maintained in such a manner that the spillover of any sign illumination onto residential property shall not exceed two foot candles above ambient light levels, and the spillover of glare produced by the illumination of signs must not negatively impact any surrounding properties.

B.

Signs illuminated with exposed neon and/or flexible tubing must meet the following standards:

1.

Illumination must not exceed thirty milliamps.

2.

Signs placed such that any portion of the sign is less than twelve feet above the adjacent ground level must be encased with plexiglass and/or covered to protect that glass tubes.

3.

Wall-mounted and detached exposed neon tube signs require noncombustible backing where attached to structures with a facing of wood or other flammable material.

4.

Exposed electrode housings are prohibited, except in the case of installations directly onto a noncombustible solid wall, such as a tilt-up cement wall.

(Ord. 2900 § 6 (part), 2007)

18.76.130 - Drive-through menu boards. ¶

Menu boards for drive-through businesses may only be placed next to or above the speakers at the entrance of the business's drive-through lane, and the maximum height for menu boards is eight feet from the highest grade upon which the sign is placed.

(Ord. 2900 § 6 (part), 2007)

18.76.140 - Institutional signs. ¶

Table 8 — Institutional Wall Signs

	Sign(s) Fronting on a Local Street(s)	Sign(s) Fronting on a Collector Street(s)	Sign(s) Fronting on a Major or Minor Arterial Street(s)
A. Number	A. Number	1. 1 sign per business or building use identifcation per primary facade; and 2. 1 sign per business or building use identifcation on 1 secondary facade ≤ 50% size primary facade sign.	1. 1 sign per business or building use identifcation per primary facade; and 2. 1 sign per business or building use identifcation on 1 secondary facade ≤ 50% size primary facade sign.
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B. Location		1. Attached parallel to and in front of exterior wall. 2. May not protrude more than 12″ from wall. 3. May not project above parapet or eave line, nor below sign placement area. 4. Not allowed on freestanding exterior walls or fences. 5. May not cover signifcant architectural details.
C. Background Sign Area (Fig. 2)		≤ ⅓ square foot per lineal foot of facade.
D. Sign Length		≤ 75% of horizontal length of facade where sign is placed.
E. Letter Height		≤ 75% of height of sign placement area, and not less than 12″.
F. Fabrication		1. Individual letters and sculpted panels must be recessed, framed, or otherwise add relief to design. 2. No painted wall signs. 3. Other fabrication methods will be reviewed for consistency with design guidelines of this chapter.
Table 9 — Institutional Freestanding Signs
	Residential Zones (R-1, R-2, R-3, R-4, and R-5)		C-0 & C-1
A. Approval	Conditional Use Permit		Director/Design Review Board
B. Number	One sign per street frontage for each lot that is part of the same development.		Same as shown in Table 6, Section "B."
C. Type of Sign Allowed	Monument (single or double face)	Same as shown in Table 6, Section "C."
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D. Location	1. Freestanding signs shall be set back a minimum of 5 feet from the property line along the primary or secondary street frontage. (Fig. 5).	1. Same as shown in Table 6, Section "D." 2. No setback is required for directional signage, except as may be required by the City Trafc Engineer for vehicular sight distance visibility.
	2. Monument signs may extend up to 3 feet into the required 5-foot setback when placed within a landscaped planter area that contains and automatic irrigation system that has been reviewed and approved by the City of Whittier's Parks/Recreation/Community Services department. (Fig. 5). 3. No setback is required for directional signage, except as may be required by the City Trafc Engineer for vehicular sight distance visibility. 4. No freestanding sign may project into the public right- of-way.
	5. Must be placed a minimum of 10 feet from any driveway or point of ingress/egress on the property or any adjacent property. 6. Must be placed a minimum of 10 feet from any other sign located on the side lot/shared property line separating two independent parcels not part of the same development. 7. Minimum 150 feet between freestanding signs
	(except for directional signage) on the same lot, or contiguous lots under the same ownership. 8. All setback minimums may be increased, as necessary, subject to maintenance of a line-of-sight for vehicular trafc, as determined by the City Trafc Engineer.
---	---	---
E. Maximum Aggregate Background Sign Area	1. Maximum sign area of 24 square feet per each sign face for each monument sign on a local street, regardless of lot size. 2. Maximum ½-square foot per linear foot of street frontage, up to 50 square feet per each sign face, for each monument sign that is placed on a lot (or an overall development) that is less than 2 acres and situated along a collector, minor arterial or arterial street. 3. Maximum of ½-square foot per each lineal foot of street frontage, up to 120 square feet of sign area per sign face, for each monument sign that is placed on a lot (or an overall development) that is over 2 acres and located on a collector, minor arterial or arterial street.	Same as shown in Table 6, Section "E."

	Sign(s) Fronting on a Local Street(s)	Sign(s) Fronting on a Collector Street(s)
F. Maximum Aggregate Background Sign Area/Corner Lots	1. See maximum aggregate background sign area regulations for specifcations of allowed sign area per frontage, above. 2. The aggregate sign area for the primary and secondary frontages must be calculated separately, based upon the dimensions of each individual frontage. A use with both primary and secondary street frontages may not aggregate the allowable sign area from both frontages in order to erect a larger sign than these provisions allow. 3. Maximum aggregate background sign area is not transferable between street frontages.
	4. Unless required otherwise, signs placed along the secondary frontage shall not to exceed 60% of the allowable square footage for signs permitted along the primary frontage.	4. Unless required otherwise, signs placed along the secondary frontage shall not to exceed 60% of the allowable square footage for signs permitted along the primary frontage.
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G. Maximum Sign Height	1. For projects with one or more contiguous lots forming part of the same development, the following sign heights are permitted as follows: a) Maximum 4 feet along a designated local street. b) Maximum 6 feet when adjacent to a designated collector or secondary street c) Maximum 8 feet when adjacent to a major or minor arterial street. 2. Maximum sign height may be exceeded by 12-inches to allow for architectural features or pedestal base only.	Same as shown in Table 6, Section "G."
H. Business Identifcation	1. All freestanding signs must include, at a minimum, the numerical street address designed with Arabic numerals, and the name of the business the sign relates to in English characters, both a minimum of 6-inches in height. The purpose of this requirement is to make the business or property easy to fnd for emergency personnel. 2. Street numbers and the business name shall complement the style and font used for the main lettering on the sign. 3. Content may also include the name of an accessory use or building use, with the optional addition of a logo,	3. Same as shown in Table 6, Items 2 through 5. 4. Minimum 4-inch margin of blank space between sign copy and edge of sign panel.
	character representation, or other decorative feature.
---	---	---
	4. Minimum 8-inch letter height for the name of the institutional use. 5. Minimum 6-inch letter height for the name(s) of any secondary, accessory use, associated with the primary institutional use on-site (example: daycare facility, etc.) 6. Minimum 4-inch margin of blank space between sign copy and edge of sign panel. 7. When designed with removable plexiglass panels, standard panel length, height, font, and background color must be established for the freestanding sign design, unless otherwise expressly approved as part of any master sign program.
I. Fabrication	1. Only monument signs are permitted. There shall be no pylon or pole signs permitted. 2. All copy on freestanding signs must be of individual channel letters, routed push- through letters or logos, sculpted cabinets with opaque background material, or other three-dimensional designs as approved by the planning manager. Approval of copy type and design not listed above shall not be unreasonably withheld. 3. All freestanding signs must have a base element. The base elements of a monument sign shall consist of materials that refect the architectural style and materials of the buildings to which they relate. 4. The pedestal base element of monument signs must be designed to "ground" the sign through materials, including but not limited to, rock, masonry, or wood, or through decorative treatment consistent with that on the associated building. Base materials and colors must difer from those materials used for the background area of the sign. 5. Any other fabrication methods of freestanding signs, including but not limited to wires, brackets, or any other kind of exposed hardware, must be reviewed for consistency with the architecture of the subject building and the design guidelines found within this chapter.
J. Sign Illumination	1. External, low-profle, foodlighting is permitted. 2. Internal illumination of sign copy is permitted. 3. Internal illumination of sign background is prohibited along local streets.
	4. The use of backlit (halo lighting) letters is encouraged. 5. Exposed neon is prohibited. 6. Exposed raceways are prohibited.
---	---
K. Readerboard Signs and Changeable Copy Signs	1. Permitted along a minor or major arterial street only. However, only one readerboard/changeable copy sign shall be permitted for the entire development. 2. A readerboard/changeable copy sign may comprise up to a maximum of 30 square feet per each sign face. 3. All readerboard/changeable copy sign shall be maintained in good operating condition at all times. 4. All readerboard/changeable copy signs shall display each message for a minimum of fve seconds. Fading in or out or scrolling of text shall be permitted as message transitions. 5. The electronic message display shall not be operated between the hours of 10:00 p.m. and 6:00 a.m. if the reader board sign is located within any residential zone.

	Sign(s) Fronting on a Local Street(s)	Sign(s) Fronting on a Collector Street(s)	Sign(s) Fronting on a Major or Minor Arterial Street(s)
	6. Readerboard/Changeable copy signs are limited to institutional land uses, as defned in Section 18.72.020(32). 7. Readerboards/changeable copy signs may not be used for commercial advertising. 8. Readerboard/Changeable copy signs are subject to all the provisions of this code regarding permanent signs, unless specifed otherwise. 9. Readerboard/Changeable copy signs shall not do any of the following: display neon or day-glo colors, incandescent lighting, or any illumination resulting in light spillover or excessive glare. Signs shall not display any fashing or blinking messages, or lights, nor create sound. 10. All readerboards shall have nighttime dimmer capabilities, which may be controlled and adjusted at the request of the City, to ensure appropriate sign intensity levels. 11. The intensity level (brightness level) of any new LED reader board signs shall require the review and approval by the Director of Community Development prior to the fnalization of any building permit.
L. On- Premises Directional Signs	1. Directional signs shall not exceed six (6) square feet in background sign area and shall not exceed six (6) feet in height. 2. Directional signs may include the name/logo of the institutional use it serves. However, any sign or logo may not exceed a maximum of 50 percent of the sign area containing the directional information (i.e., "enter," "exit," "parking," a "display arrow," etc.).
M. Of- Premises Directional Signs	Of-premises directional signs are prohibited.

(Ord. No. 2960, §§ 2, 3, 1-11-11; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.78 - NONCONFORMING AND ILLEGAL SIGNS

Sections:

18.78.001 - Purpose. ¶

The purpose of this section is to provide procedures for the eventual removal of existing signs: (1) not in conformity with the regulations of Chapters 18.72 through 18.76, and (2) rendered nonconforming by prior versions and amendments to provisions regulating the placement of commercial signs within the city. Removal of nonconforming signs is equally important to the goal of improving the aesthetic value of the community areas as is the regulation of new signs.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.010 - Definitions.

The following shall have the meanings set forth in this section:

A.

"Abandoned sign" means a sign remaining in place or not maintained for a period of ninety days, whose use has ceased, or which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the sign is located.

B.

"Amortization period" means twenty-five years from the effective date of Ordinance 2900 codified in this chapter that resulted in a sign first becoming nonconforming.

C.

"Appellant" means the person who files any appeal pursuant to the provisions of this chapter.

D.

"Commission" means the planning commission.

E.

"Council" means the city council.

F.

"Director" means the director of community development for the city of Whittier. "Director" shall also include his/her designee.

G.

"Fair and just compensation" means:

1.

Fair and just compensation consists of the fair market value of an on-premises sign that has been designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more, at the time that the city requires its removal. The fair market value of a sign is determined according to Section 5492 or 5493 of the California Business & Professions Code.

2.

Compensation is calculated as of the date the sign is removed.

H.

"Illegal sign" means any sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use.

I.

"Nonconforming" means a sign that was lawfully established prior to the effective date of the ordinance codified in this chapter, and which conforms with a building permit, conditional use permit, or sign plan review approval issued prior to the effective date of the ordinance codified in this chapter but does not conform to all the applicable regulations in Chapters 18.72 through 18.76 and this chapter.

J.

"Notice" means where notice is required under this chapter, other than notice of a hearing decision, the date of the giving of such notice shall be the date of personal service thereof, or the date of its deposit in the course of transmission in the United States Postal Service.

K.

"Order" means an order of abatement, issued by the director.

L.

"Owner" means: (i) the person who is the record owner of the fee interest in the property to which an order relates, as shown on the latest assessor's roll, or as shown in a title report issued by a qualified title company; (ii) any person who is entitled to possession of such property; (iii) any person who is legally responsible for the business to which an order relates; or (iv) any person who is legally responsible for the sign to which an order relates.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.020 - Applicability—Exception—Purpose.

A.

The provisions of this chapter apply exclusively to the abatement of all signs rendered nonconforming by reason of the application of Chapters 18.72 through 18.76 and this chapter.

B.

Exception. Exemption from the amortization provisions in this chapter exists if application of these provisions would unconstitutionally interfere with the investment backed expectations of the business to which the sign relates.

C.

Burden of Proof. Sign owners must show, by clear and convincing evidence, that the exception applies. "Clear and convincing evidence" means evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the fact(s) for which it is offered as proof. The sign owner seeking the exception must also show, by clear and convincing evidence, the actual useful life of the sign at the end of which period the sign will be removed or brought into compliance with all the applicable provisions of this code.

D.

Procedure. Sign owners seeking an exception under this section must file for a minor variance at least ninety days prior to the termination of the amortization period of twenty-five years from the effective date of the Ordinance 2900 initially codified in this chapter, according to the procedures articulated in Chapter 18.58 (Zoning Administrator) of this code.

E.

Purpose. The purpose of this section is to provide sign owners with a procedure to seek an exception only where unique circumstances exist, which make the application of this chapter unreasonable. An application should only be submitted when a sign owner has sufficient evidence to demonstrate that the exception applies.

F.

Effect of Exception. Any exception will apply to a particular sign until the expiration of the period shown, by clear and convincing evidence, to be the useful life of the sign beyond the amortization period set forth in this chapter. When that additional period expires, the sign must be removed or brought into compliance with all applicable codes. No further exception as to that sign shall be granted.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.030 - New signs on lots with existing nonconforming signs. ¶

Where any sign located upon any lot in the city rendered nonconforming by reason of the application of Chapters 18.72 through 18.76 and this chapter, the following regulations apply to the construction and installation of any new sign upon such lot.

A.

Signs in Residential Zones. No new freestanding sign shall be installed on any lot classified in zones R-E, R-1, R-2, R-3, R-4, or R-5 if any nonconforming sign is located upon such lot.

B.

New Signs in MU, C, INV, MED or M Zones. Notwithstanding the existence of a nonconforming sign on any lot classified in the MU, C, INV, MED or M zones, new signs may be located upon any such lot, provided that such signs comply, in all respects, with the provisions of Chapters 18.72 through 18.76 and this chapter including the following:

1.

Existing nonconforming signs, including freestanding signs, shall be removed when a new development project or major renovation of the property is proposed.

2.

New freestanding signs proposed in conjunction with minor renovation of a property where a nonconforming sign is located, shall comply with the provisions of Chapters 18.72 through 18.76 and this chapter, including but not limited to, Section 18.76.060.

3.

Wall Signs. New wall signs on a property with an existing nonconforming prohibited sign may be installed on any lot subject to compliance with the provisions of Chapters 18.72 through 18.76.

4.

Projecting Signs. New projecting signs may be erected on a property with an existing nonconforming prohibited sign subject to the provisions of Chapters 18.72 through 18.76.

C.

Window Signs. Window signs are permitted on any building within an MU, C, or r M-zoned lot pursuant to the provisions of Section 18.76.020.

D.

No person may erect or install any sign on any lot after the use to which it relates has been removed, discontinued, or abandoned.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.040 - Amortization period and procedures.

A.

All permanent on-premises signs that have been designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more, and which are rendered nonconforming by the enactment of these provisions, must be rendered conforming or be removed entirely within twenty-five years of the effective date of these provisions.

B.

In the event that the director, upon notice, requires abatement of a nonconforming sign designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more prior to the expiration of the amortization period, not in association with a development project, the director must provide the owner with fair and just compensation for the value of the sign.

C.

Upon the effective date of the ordinance codified in this chapter, the amortization period for all signs rendered nonconforming by the enactment of this chapter begins to run. Publication of this chapter constitutes notice of the start of the amortization period. The director may, at his/her sole discretion, provide additional written notice of the above to individual owners of on-premises signs. Under no circumstances does the failure by the director to provide written notice to individual advertising display owners extend the amortization period in any way whatsoever.

D.

Any on-premises sign approval and/or conditional use permit issued by the director, or by any other official or department, at any time prior, or subsequent, to the effective date of the ordinance codified in this chapter does not extend the amortization period in any way whatsoever.

E.

Owners of existing on-premises signs may request a determination of nonconforming status from the planning division. Each request must contain the same information required for a permit application, as outlined in Sections 18.75.010 and 18.75.020. The planning division must make its determination within thirty days of receipt of the completed request.

F.

A determination of nonconforming status may be appealed following the procedures outlined in Sections 18.78.120 through 18.78.160, below. Such an appeal must be filed within sixty days of the planning division's notice of determination. Failure to timely request a determination of nonconforming status or to timely appeal such a determination conclusively waives these rights.

G.

Neither the request for determination of nonconforming status, nor the appellate process that may result therefrom, extends or tolls the amortization period in any way whatsoever.

H.

Owners of on-premises signs are responsible to ensure that all nonconforming signs are entirely removed or rendered conforming by the date the amortization period expires. Every day thereafter that a nonconforming sign continues to be displayed may make the owner of the sign subject to administrative citation, the amount of which shall be determined by the director, based upon the size of the sign, but in no event to exceed five hundred dollars per day. Administrative citation fees may be applied retroactively to the first day following the expiration of the amortization period.

I.

In the event the nonconforming sign is not removed or rendered conforming by the expiration of the amortization period, upon notice the director has the authority to remove, or to require the removal of, the sign within seven days of such notice. The owner of the sign is responsible for the cost of removal, as well as for any administrative citations incurred after the effective date of the ordinance codified in this chapter.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.050 - Removal without compensation. ¶

A.

The director, at his/her sole discretion and upon notice, may require the removal, without compensation, of any sign, as follows:

1.

An illegal sign, as defined in Section 18.78.010(G).

2.

All permanent on-premises signs that the director finds have not been designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more must be rendered conforming or be removed entirely upon notice by the city or within one year of the effective date of the ordinance codified in this chapter, whichever comes first.

3.

A sign which was lawfully erected anywhere within the territorial boundaries of the city but whose use has ceased, or the structure upon which the sign stands has been abandoned by its owner, for a period of not less than ninety days.

4.

Any sign which has been more than fifty percent destroyed, and the destruction is other than facial copy replacement, and the sign cannot be repaired within thirty days of the date of its destruction.

5.

Any sign whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or expands or enlarges the building or land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement, or remodeling of the advertising display exceeds fifty percent of the cost of reconstruction of the building.

6.

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

7.

Any sign for which there has been an agreement between the sign's owner and the director, for its removal as of any given date.

8.

Any sign that is or may become a danger to the public or is unsafe.

9.

Any sign that constitutes a traffic hazard not created by relocation of streets or highways or by acts of the city or the county.

B.

Costs incurred in removing a sign pursuant to this section may be charged to the owner of the sign.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.060 - Compliance with sign code as condition of permit approval.

A.

Any existing legal nonconforming sign may be required to be brought into compliance with current applicable code requirements, or removed as a condition of approval of any redevelopment, conditional use, or other approval required under any provision of the Whittier Municipal Code for the same property where the nonconforming sign is located, so long as a nexus exists between the permit or approval and the sign that must be removed or brought into compliance.

B.

No city department or division shall deny, refuse to issue, or condition the issuance of a business license or a permit to construct a new legal on-premises advertising display upon the removal, conformance, repair, modification, or abatement of any other on-premises advertising display on the same real property where the business is to be or has been maintained if both of the following apply:

The other display is located within the same commercial complex, which is zoned for commercial occupancy or use, but at a different business location from that for which the permit or license is sought.

2.

The other display is not owned or controlled by the permit applicant, and the permit applicant is not the agent of the person who owns or controls the other display.

C.

The permit applicant shall receive fair and just compensation for any nonconforming sign that was designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more if the city requires such sign to be removed or upgraded as a condition of permit approval for any new sign on the property, when the initial amortization period of fifteen years for the legal nonconforming sign has not yet expired.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.070 - Existing nonconforming signs—Compliance. ¶

Any nonconforming sign which is removed, destroyed, or relocated at any time after the effective date of this ordinance, may not be replaced, reconstructed, or relocated except in compliance with the provisions of Chapters 18.72 through 18.76 and this chapter.

(Ord. 2900 § 7 (part), 2007)

The owner of property to which an order relates has standing to file an appeal pursuant to this chapter, either in propria persona or through his/her authorized agent. No such appeal is effective for any purpose unless it is timely filed. In addition, an appeal is not valid unless, contemporaneously with the filing of the appeal, a filing and processing fee is paid to the city clerk, in a sum which is set by city council resolution. A copy of the schedule of fees may be obtained at City Hall, city clerk.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3112, § 4, 2-25-20)

18.78.120 - Appeal to commission from director's abatement order.

A.

Within ten calendar days of the date an order becomes final, the owner of the property to which the order relates may file an appeal thereto, in writing, with the secretary of the commission. Failure to timely appeal to the commission constitutes a waiver of the right.

B.

The secretary of the commission, upon receipt of a timely appeal, must set the matter for a de novo hearing before the commission and must give notice of the time and place of the hearing, as specified below.

C.

At the hearing, the commission must hear evidence relating to whether the sign and/or sign structure has lost its legal nonconforming status pursuant to the provisions of this chapter, and any other matter the commission deems relevant for a just resolution. The commission may hear any and all matters that it deems relevant, and is not be bound by rules of admissibility of evidence. The commission may hear relevant hearsay evidence, but may not base its findings and decisions on hearsay evidence alone.

D.

The commission must make a decision within fourteen days of the hearing. The date the decision is made is the effective date of that decision. The decision of the commission is deemed final ten days after the effective date, unless a timely appeal is made to the city council.

There are procedures which will upgrade lower-priced housing;

B.

Adequate parking space is provided to meet the additional demands of the owner-type tenancies; and

C.

Potentially adverse effects resulting from a lack of single and centralized management do not cause undesirable effects upon the public health, safety and general welfare of the community.

(Prior code § 9540)

18.80.020 - Definitions. ¶

In addition to the definitions contained in Chapter 18.06, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:

A.

"Community apartment" means one residential unit within a community apartment project.

B.

"Community apartment project," as defined in Section 11004 of the California Business and Professions Code, means the development of real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of a designated apartment located thereon or therein.

C.

"Condominium conversion" means the process or effect of transferring ownership of a building from rental units to a condominium in accordance with appropriate law.

D.

"Residential condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential complex located on such real property. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either:

1.

An estate of inheritance or perpetual estate;

2.

An estate for life; or

3.

An estate for years, such as a leasehold or a subleasehold.

For the purposes of this section, "residential condominium" includes community apartment project.

E.

"Residential condominium project" or "project" means the entire parcel of real property divided or to be divided into condominiums including all structures located thereon.

F.

"Residential condominium unit" or "unit" means the same as dwelling unit.

(Prior code § 9541)

18.80.030 - Conversion—Conditions generally. ¶

The following criteria and information shall be met or provided before any tentative tract and/or final map is approved for a condominium conversion:

A.

The tentative tract map shall be dimensioned and drawn to scale to show the following: location of buildings, floor plan of each unit within the building, square footage of each unit, location of pools, recreation rooms, trash areas or any other amenities within the project, driveways and parking stalls, open space, including patios and balconies, and any other pertinent information as may be deemed necessary by the planning director.

B.

The subdivider shall provide a statement indicating whether water, gas and electricity are currently provided separately to each unit, and whether these utilities are metered individually for each unit.

C.

If the tract map is approved, the subdivider shall provide the city with an affidavit that he/she has met the provisions of Government Code Section 66427.1.

D.

A copy of the "Supplemental Questionnaire for Apartments Converted to Condominium Projects" Form RE 639, California Department of Real Estate, shall be provided as part of the application.

E.

A copy of the proposed conditions, covenants and restrictions (CC & Rs) will be provided as part of the application.

(Prior code § 9544)

(Ord. No. 3121, § 19, 8-25-20)

18.80.040 - Conversion—Existing condominiums. ¶

C.

Utility Meters. Each utility that is controlled by and consumed within a dwelling unit shall be separately metered in such a way that the unit owner can be separately billed for its use.

D.

Open Space. Existing open space shall not be used to meet parking requirements unless the planning commission and/or city council finds that conversion of such area will not be detrimental to future residents of the project or surrounding area.

E.

Trash Areas. Refuse storage areas shall be provided and maintained in accordance with the provisions of Section 18.10.030(E).

(Ord. 2899 § 2, 2007: prior code § 9543)

Division IV. - Historic Resources Chapter 18.84 - HISTORIC RESOURCES Article I. - Introduction

18.84.010 - Short title.

This chapter shall be known as the Whittier Historic Resources Ordinance.

(Ord. 2785 Exh. A (part), 2001)

18.84.020 - Purpose.

The purpose of this chapter is to promote the public health, safety, and general welfare through the following measures:

A.

Safeguard the heritage of the city by protecting resources that reflect its cultural, historical and architectural legacy;

B.

Promote public understanding, appreciation and involvement in the unique heritage of the city;

C.

Foster civic pride in the beauty and notable accomplishments of the past;

D.

Protect and enhance the city's attractions to residents and visitors and to support and stimulate business and industry;

E.

Enhance the visual and aesthetic character of the city;

F.

Promote the use of historic resources; and

G.

Protect and safeguard the property rights of the owners whose property is declared to be a historic resource.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)

18.84.030 - Applicability. ¶

The provisions of this chapter shall apply to all historic resources and structures that are at least fifty years old within the city.

(Ord. 2785 Exh. A (part), 2001)

18.84.040 - Definitions.

The following words and phrases shall be defined as set forth in this section, for the purpose of this chapter.

A.

"Alteration" means any exterior change or modification to the character-defining or significant, physical improvements or architectural features of a historic resource.

B.

"Architectural feature" means an exterior design element of a historic resource embodying the style thereof, including, but not limited to, the kind, color, texture of building materials; tile and iron work; the type, style, and arrangement of windows, doors, lights, signs and other fixtures appurtenant to such structure; and, on a larger scale, includes siting, composition and massing (the number, placement and size of improvements).

C.

"Certificate of appropriateness" means certification that the commission, or council upon appeal, has made the necessary findings to approve plans to alter, restore, rehabilitate, remove, relocate, add on to, or demolish, in whole or in part, a historic resource.

D.

"Certificate of economic hardship" means certification that the commission, or council upon appeal, has made the necessary findings to permit the proposed work due to extreme financial privation or adversity.

E.

"Commission" means the historic resources commission of the city.

F.

"Contributing resource" means any improvement that adds to the historical, architectural, or cultural significance of a historic district.

G.

"Historic district" means a specific geographic area that contains a number of historic resources that has been designated as such pursuant to this chapter.

H.

"Historic landmark" means any singular historic resource that has been designated as such pursuant to this chapter.

I.

"Historic resource" means any improvement, historic landmark or district, or other object of cultural, architectural or historical significance to the citizens of the city, the region, the state or the nation, which is designated or eligible for designation and determined to be appropriate for historic preservation by the commission, or by the council upon appeal, pursuant to the provisions of this chapter.

J.

"Improvement" means any structural elements, architectural feature, plaque, light standard, light fixture, street furniture, porch and steps, structure, sign, fence, wall, mature tree or other specified object constituting a physical feature of real property.

K.

"Mills Act agreement" means the property contract between the city and property owner that provides for reduced property taxes in return for the rehabilitation, restoration and preservation of a qualified historical property pursuant to California Government Code Title 5, Division 1, Part 1, Chapter 1, Article 12 (Government Code § 50280 et seq.).

L.

"Non-contributing resource" means any improvement that does not add to the historical, architectural or cultural significance of a district.

M.

"Secretary" means the secretary to the historic resources commission.

N.

"Work" means any construction, reconstruction, rehabilitation, restoration, remodeling or demolition of a historic resource.

O.

"Work permit" means a permit issued pursuant to this title, allowing work to be done on a historic resource.

(Ord. 2785 Exh. A (part), 2001: Ord. 2598 § 1(B), 1993; Ord. 2389 § 1 (part), 1986)

(Ord. No. 3121, § 21, 8-25-20)

Article II. - Designation of Historic Landmarks and Districts

18.84.050 - Designation criteria for historic landmarks.

A historic resource shall be designated a historic landmark if the council finds that it meets the criteria for listing on the National Register of Historic Places or the California Register of Historical Resources; or meets one or more of the following criteria:

A.

It is particularly representative of a distinct historical period, type, style, region or way of life;

B.

It is connected with someone renowned, important, or a local personality;

C.

It is connected with a use that was once common, but is now rare;

D.

3.

For unusual circumstances, the director of community development shall have the ability to modify the notification requirements.

C.

Following the hearing, the commission shall recommend to the council approval or disapproval of the proposal for designation.

(Ord. 2785 Exh. A (part), 2001)

(Ord. No. 3019, § 4, 3-25-14)

18.84.100 - Designation procedures—Council hearings. ¶

The sole authority to designate a historic resource as a historic landmark or district shall be vested in the council, in accordance with the following:

A.

Within ten days of the recommendations, the secretary shall send a copy to the clerk. The clerk shall set a hearing at which the council shall consider the recommendation of the commission. The applicant and owner of the property shall be given notice of the time and place of the council hearing at least ten days prior to the hearing date, together with a copy of the commission's recommendation to the council.

B.

Following the hearing referred to in Section 18.84.100, the council shall adopt or reject the designation recommended by the commission. In the alternative, the council may continue its consideration of the matter, or refer the proposed designation to the commission for further consideration within a period of time designated by the council.

C.

Adoption of the designation of a historic resource shall be made by resolution.

D.

Within ten days of the council's decision, notice thereof shall be mailed by the clerk to the applicant and record owner of the property proposed for designation.

(Ord. 2785 Exh. A (part), 2001: Ord. 2598 § 1(C), 1993; Ord. 2389 § 1 (part), 1986)

18.84.110 - Local official register.

Resolutions adopting designations of historic resources shall collectively be known as the local official register of historic resources. the local official register shall be kept on file with the secretary, who shall transmit copies to the clerk, the director of building and safety, the director of public works, the executive director of the city of Whittier Museum, the president of the Whittier historical society, and the main branch of the city of Whittier library.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)

18.84.120 - Deletion of demolished resource. ¶

When a listed historic resource has been demolished pursuant to the provisions of this code, the secretary, upon notice thereof, shall cause such structure to be deleted from the local official register. upon such deletion, the provisions of this chapter shall have no further application to such property.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)

18.84.130 - Public agencies. ¶

The commission shall take appropriate steps to notify all public agencies and public utilities which own or may acquire property, including easements and public rights-of-way in the city, of the existence of historic landmarks and historic districts.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)

18.84.140 - Redevelopment project areas. ¶

The provisions of a disposition and development agreement or owner participation agreement, approved and entered into by the city of Whittier redevelopment agency, may contain provisions superseding the provisions of this chapter.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)

Article III. - Certificate of Appropriateness— Economic Hardship

18.84.150 - Certificate of appropriateness requirements. ¶

A certificate of appropriateness process is established to ensure that any alteration to a historic resource is in keeping with the historic character of the resource.

No permit shall be issued for work on a historic resource until a certificate of appropriateness or waiver has been issued in accordance with the provisions of this chapter.

A certificate of appropriateness shall be required for any:

A.

Alteration, addition, restoration, rehabilitation, remodeling, demolition or relocation of a historic resource. approval of such work shall be required even if the city requires no other permits.

B.

Work to the exterior of any non-contributing resource within a historic district. reasonable efforts shall be made to produce compatibility with the character of the district, and in no event shall there be a greater deviation from existing compatibility.

C.

Infill construction within a historic district.

D.

New improvements within a historic district.

Once a certificate of appropriateness has been issued, the secretary shall, from time to time, inspect the work to ensure that the work complies with the approved certificate of appropriateness.

(Ord. 2785 Exh. A (part), 2001)

18.84.160 - Certificate of appropriateness application. ¶

All applications shall be filed with the planning department. The applicant is encouraged to confer with the planning department prior to application submittal.

All applications shall include:

A.

Plans and specifications showing the proposed exterior appearance;

B.

Materials and colors to be used on the exterior of the resource;

C.

Relationship of the proposed work to the surrounding environment, if necessary;

D.

Relationship to the existing scale, massing, architectural style, site and streetscape, landscaping and signage for new construction in historic districts;

E.

Any other information determined to be necessary for review of the proposed work; and,

F.

Required fee(s), as set by council resolution.

(Ord. 2785 Exh. A (part), 2001)

18.84.170 - Certificate of appropriateness review.

The secretary shall review all proposed work on any historic resource to determine if a certificate of appropriateness is required.

A.

If the secretary determines the proposed work is consistent with the historic preservation guidelines set forth in this chapter, a waiver shall be issued.

B.

If the secretary determines the proposed work is not consistent with the historic preservation guidelines, a certificate of appropriateness shall be required.

C.

Determinations by the secretary shall be made within thirty days of submittal of a complete application.

D.

Appeal of the secretary's action shall be made in writing to the planning director within ten days of said determination.

(Ord. 2785 Exh. A (part), 2001)

18.84.180 - Certificate of appropriateness waiver. ¶

When alterations, restorations, rehabilitations, remodeling and additions to historic resources are accomplished in substantial accord with the guidelines set forth in this section, as determined by the secretary, a certificate of appropriateness from the commission is not required prior to issuance of a building permit. Those alterations may include, but are not limited to, the following, if no significant change in appearance occurs or the proposed change restores period features:

Roofing;

B.

Foundation;

C.

Chimney;

D.

Construction, demolition or alteration of side and rear yard fences;

E.

Demolition, alteration or reconstruction of front yard fences;

F.

Landscaping, unless the landmark designation specifically identifies the landscape, layout, features, or elements as having particular historical, architectural, or cultural merit;

G.

Demolition or alteration of non-contributing signs; and

H.

If the new construction is accomplished in accordance with the historic preservation guidelines set forth in this section, and the respective design guidelines and do not destroy any significant architectural features of the resource, then the following are allowed: (1) demolition or alteration of non-contributing signs; (2) accessory structures or additions under five hundred square feet, when not visible from a public right-ofway; (3) conversion of any existing structure into an accessory dwelling unit or junior accessory dwelling unit if the conversion meets the requirements of Municipal Code section 18.10.020(l)(5)(G); and (4) accessory dwelling units of 800 square feet or less that are not visible from a public right-of-way if the conversion meets the requirements of Municipal Code section 18.10.020(l)(5)(G).

(Ord. 2785 Exh. A (part), 2001)

(Ord. No. 3116, § 15, 5-26-20)

18.84.190 - Certificate of appropriateness procedure. ¶

If a certificate of appropriateness is required for a historic resource, the following procedures shall apply:

A.

The secretary shall review all applications.

B.

The secretary shall determine the completeness of the application within thirty days.

C.

Once an application is determined complete, it shall be scheduled for the next commission meeting, allowing for public noticing requirements in conformance with Section 18.84.090.

D.

The secretary shall make a recommendation in writing that includes findings of fact relating to the criteria established in this section. The secretary shall transmit its recommendation to the commission, the property owner(s), and the applicant.

E.

The commission, within thirty days of receipt of the recommendation, shall approve or disapprove the application citing the findings of fact that constitute the basis for its decision.

F.

The applicant shall be notified of the commission's decision by mail within ten days.

(Ord. 2785 Exh. A (part), 2001)

18.84.200 - Certificate of appropriateness standard findings of fact. ¶

The following findings shall be made for all certificate of appropriateness applications other than those involving demolition, which shall adhere to Section 18.84.21.

The proposed alteration, restoration, relocation or construction, in whole or in part, will not:

A.

Detrimentally change, destroy or adversely affect any significant architectural feature of the resource;

B.

Detrimentally change, destroy or adversely affect the historic character or value of the resource;

C.

Be incompatible with the exterior features of other improvements within the district;

D.

Adversely affect or detract from the character of the district.

(Ord. 2785 Exh. A (part), 2001)

18.84.210 - Certificate of appropriateness demolition findings of fact.

A certificate of appropriateness for demolition of a historic resource may be issued upon the commission's finding that it, in whole or in part, is necessary because:

A.

All efforts to restore, rehabilitate, and/or relocate the resource have been exhausted;

B.

Restoration/rehabilitation is not practical because the extensive alterations required would render the resource not worthy of preservation;

C.

Failure to demolish the resource would adversely affect or detract from the character of the district; or

D.

The applicant has obtained a certificate of economic hardship, in accordance with Section 18.84.220.

(Ord. 2785 Exh. A (part), 2001)

18.84.220 - Certificate of economic hardship requirement.

A certificate of economic hardship process is established to ensure that denial of a certificate of

appropriateness does not create any undue hardship upon the owner of a historic resource. No action shall be taken to demolish a historic resource for a period thirty days following the issuance of a certificate of economic hardship.

(Ord. 2785 Exh. A (part), 2001)

18.84.230 - Certificate of economic hardship application.

All applications shall be filed with the planning department. The applicant is encouraged to confer with the planning department prior to application submittal.

All applications shall include:

A.

Cost estimate of the proposed construction, addition, alteration, demolition or relocation;

Cost estimate of the additional cost(s) that would be incurred to comply with the recommendations of the commission for issuance of a certificate of appropriateness;

C.

A rehabilitation report from a licensed engineer or architect with expertise in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

D.

The estimated market value of the property in its current condition;

E.

The estimated market value of the property after completion of the proposed construction, alteration, demolition or relocation;

F.

The estimated market value of the property after any condition recommended by the commission;

G.

In the case of demolition, the estimated market value of the property after renovation of the existing property for continued use;

H.

In the case of demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional with experience in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property;

I.

For income-producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation and annual cash flow after debt service, current property value appraisals, assessed property valuations and real estate taxes;

J.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;

K.

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property;

L.

The amount paid for the property if purchased within the previous thirty-six months, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

M.

Any listing of the property for sale, rent, price asked and offers received, if any, within the previous two years;

N.

Any other information considered necessary by the commission to determine whether or not the property does or may yield a reasonable return to the owners;

O.

Required fee(s), as set by council resolution.

(Ord. 2785 Exh. A (part), 2001)

18.84.240 - Certificate of economic hardship procedure.

If a certificate of economic hardship is required for a historic resource, the procedure for a certificate of appropriateness shall apply, with the exception that the previous requirement for findings be substituted with the following certificate of economic hardship findings of fact requirement.

(Ord. 2785 Exh. A (part), 2001)

18.84.250 - Certificate of economic hardship findings of fact. ¶

The following findings shall be made for approval of all certificate of economic hardship applications.

A.

Denial of the application will diminish the value of the subject property so as to leave substantially no value.

B.

Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in this zone.

C.

An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical.

D.

Rental at a reasonable rate of return is not feasible.

E.

Denial of the certificate of appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community.

F.

All means involving city sponsored incentives, such as transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants and reimbursements, have been explored to relieve possible economic disincentives.

(Ord. 2785 Exh. A (part), 2001)

18.84.260 - Certificate of appropriateness—Economic hardship extension.

A certificate of appropriateness or economic hardship shall lapse and become void one year from the date of approval, unless a building permit (if required) has been issued and work authorized by the certificate has commenced prior to such expiration date and is diligently pursued to completion.

Upon request of the property owner, the secretary may extend a certificate for an additional period of one year. The secretary may approve, approve with conditions, or deny any request for extension.

(Ord. 2785 Exh. A (part), 2001)

18.84.270 - Certificate of appropriateness—Economic hardship revocation.

A certificate of appropriateness or economic hardship may be revoked or modified due to:

A.

Noncompliance with any terms or conditions of the certificate;

B.

Noncompliance with any provision in this chapter; or

C.

A finding of fraud or misrepresentation used in the process of obtaining the certificate.

(Ord. 2785 Exh. A (part), 2001)

18.84.280 - Certificate of appropriateness—Economic hardship revocation procedures.

The following revocation proceedings may be initiated by any member of the commission.

A.

Once revocation proceedings have been initiated, work being done relative to the certificate shall be immediately suspended until a final determination by the commission can be made.

B.

Once revocation proceedings have been initiated, it shall be scheduled for the next commission meeting, allowing for public noticing requirements in conformance with Section 18.84.090.

C.

The certificate holder shall have an opportunity to be heard at the commission revocation meeting.

D.

The commission, within sixty days of initiation of the proceedings, shall act to revoke or continue the certificate.

E.

The applicant shall be notified of the commission's decision by mail within ten days.

F.

Upon revocation, all activity shall cease, and associated permits shall be revoked.

(Ord. 2785 Exh. A (part), 2001)

18.84.290 - Appeal procedure. ¶

A.

Any decision denying an application for a certificate/work permit may be appealed to the council not later than fifteen days following the giving of notice of decision. Such appeal shall be taken by filing a written notice of appeal with the clerk, along with an appeal fee as set by council resolution.

B.

The clerk shall cause the appeal to be set for hearing before the council within thirty days of receipt of the notice of appeal. The clerk shall give the appellant and all persons requesting the same at least ten days' written notice of the time and place of the appeal hearing.

C.

Following its de novo consideration of the appeal, the council shall approve, approve with modifications, or disapprove the application.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)

Article IV. - Mills Act Agreement

18.84.300 - Mills Act agreement requirements. ¶

A Mills Act contract process is established to provide economic incentives for the preservation of a designated historic landmark or contributing structure within a designated historic district.

All designated historic landmarks, contributing structures in designated historic districts and properties listed on the National Register of Historic Places or the California Register of Historic Resources are eligible for Mills Act contracts, pursuant to the provisions of Government Code Title 5, Division 1, Part 1, Chapter 1, Article 12 (Government Code § 50280 et seq.), or any successor statutes.

All Mills Act contracts shall comply with the provisions listed in Section 50281 of the California Government Code, which includes, but is not limited to, the following:

A.

The term of the contract shall be for a minimum of ten years.

B.

The owner shall comply with the U.S. Secretary of the Interior's Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings and the State Historic Building Code.

C.

The owner shall agree to periodic inspections to determine the owner's compliance with the contract.

D.

The agreement shall be binding upon, and insure to the benefit of, all successors in interest of the owner.

E.

The secretary shall send notice to the State Office of Historic Preservation within six months of entering into the contract.

(Ord. 2785 Exh. A (part), 2001)

(Ord. No. 3121, § 22, 8-25-20)

18.84.310 - Mills Act agreement application.

All applications shall be filed with the planning department. The applicant is encouraged to confer with the planning department prior to application submittal.

All applications shall include:

A.

A copy of an updated title report for the property;

B.

A rehabilitation plan/maintenance list of the work to be completed within the ten year contract period, including cost estimates and the year in which the work will be completed;

C.

A financial analysis form showing current property taxes and estimated taxes for the property under a Mills Act agreement; and

D.

Required fee(s), as set by council resolution.

(Ord. 2785 Exh. A (part), 2001)

18.84.320 - Mills Act agreement procedure.

A.

The secretary shall review all applications.

B.

The secretary shall determine the completeness of the application within thirty days of receipt of such.

C.

Once an application is determined complete, it shall be scheduled for the next commission meeting, allowing for public noticing requirements in conformance with Section 18.84.090.

D.

The commission shall make a recommendation in writing and transmit such to the council, the property owner(s), and the applicant.

E.

The council, within sixty days of receipt of the recommendation from the commission, shall approve or deny the application.

F.

The applicant shall be notified of the council's decision by mail within ten days.

(Ord. 2785 Exh. A (part), 2001)

18.84.330 - Mills Act agreement non-renewal. ¶

A Mills Act contract shall be a perpetual ten year contract that automatically renews annually. Either party may file a request for non-renewal by written notice.

(Ord. 2785 Exh. A (part), 2001)

18.84.340 - Mills Act agreement cancellation. ¶

A Mills Act contract may be cancelled or modified if due to:

A.

Owner's written request to the secretary at any time;

B.

Noncompliance with any terms or conditions of the contract;

C.

Noncompliance with any provision in this chapter; or

D.

A finding of misrepresentation or fraud used in the process of obtaining the contract.

(Ord. 2785 Exh. A (part), 2001)

18.84.350 - Mills Act agreement cancellation procedure.

Cancellation proceedings may be initiated by any member of the commission.

A.

Once cancellation proceedings have been initiated, it shall be scheduled for the next commission meeting, allowing for public noticing requirements in conformance with Section 18.84.090.

B.

The commission shall make a recommendation to the council. The commission shall transmit its recommendation to the council, and the property owner(s).

C.

Council, within sixty days of initiation of the proceedings, shall cancel or continue the contract.

D.

The property owner shall be notified of the council's decision by mail within ten days.

(Ord. 2785 Exh. A (part), 2001)

18.84.360 - Mills Act agreement cancellation fee.

If a Mills Act contract is cancelled, a cancellation fee equal to twelve and one-half percent of the current fair market value shall be assessed.

(Ord. 2785 Exh. A (part), 2001)

Article V. - Maintenance and Demolition

18.84.370 - Duty to keep in good repair.

The owner, or other person in charge of a historic resource, has a duty to keep in good repair all of the exterior features of such resource and all interior features thereof which, if not maintained, may cause or tend to cause the exterior features of such resource to deteriorate, decay become damaged or fall into a state of disrepair.

A certificate of appropriateness shall not be issued for the demolition of a historic resource because of the failure of the owner to comply with the provisions of this section.

It shall be the duty of the director of building and safety to enforce this section with guidance from the commission.

All historic resources shall be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following:

A.

Facades that may fall and injure a member of the public or property;

B.

Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;

C.

Members of ceilings, roofs and roof supports or other horizontal members which age, split or buckle due to defective material or deterioration;

D.

Deteriorated or insufficient waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;

E.

Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering; and

F.

Any fault or defect which renders it not properly watertight or structurally unsafe.

(Ord. 2785 Exh. A (part), 2001)

18.84.380 - Ordinary maintenance and repair. ¶

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material, or external appearance thereof.

(Ord. 2785 Exh. A (part), 2001)

18.84.390 - Enforcement and penalties.

A.

Any person who violates a requirement of this chapter or fails to obey an order issued by the commission or comply with a condition of approval of any certificate or permit issued under this chapter shall be guilty of a misdemeanor. Each day that such failure continues shall constitute a separate violation.

B.

Any alteration or demolition of a historic resource in violation of this chapter is expressly declared to be a nuisance and shall be abated by restoring or reconstructing the property to its original condition prior to the violation. Any person or entity that demolishes or substantially alters or causes substantial alteration or demolition of a structure, in violation of the provisions of this chapter, shall be liable for a civil penalty.

C.

Alteration or demolition of a historic resource in violation of this chapter shall authorize the city to issue a temporary moratorium for the development of the subject property for a period not to exceed twenty-four months from the date the city becomes aware of the alteration or demolition in violation of this chapter. The purpose of the moratorium is to provide the city an opportunity to study and determine appropriate mitigation measures for the alteration or removal of the historic resource, and to ensure measures are incorporated into any future development plans and approvals for the subject property. Mitigation measures as determined by the planning department and/or commission shall be imposed as a condition of any subsequent permit for development of the subject property.

D.

In the case of demolition, the civil penalty shall be equal to one-half the assessed value of the historic resource prior to the demolition. In the case of alteration, the civil penalty shall be equal to one-half the cost of restoration of the altered portion of the historic resource. Once the civil penalty has been paid, building and construction permits and/or a certificate of occupancy may be issued.

E.

The city attorney may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction or replacement of any structure demolished, partially demolished, altered or partially altered in violation of this chapter.

(Ord. 2785 Exh. A (part), 2001)

18.84.400 - Demolition of historic resources. ¶

Demolition, wholly or partially, of a historic resource without issuance of a certificate of appropriateness is prohibited unless it is determined that an unsafe or dangerous condition exists, in which case, the secretary shall, upon an assessment and recommendation of the director of building and safety, certify to the commission that such a condition exists and cannot be rectified through the use of the California State Historic Building Code.

In such a case, a certificate of appropriateness shall not be required.

(Ord. 2785 Exh. A (part), 2001)

18.84.410 - Demolition of other historical structures. ¶

For non-listed, eligible or designated structures at least fifty years old, the following procedure shall be completed prior to issuance of a demolition permit.

A.

The applicant shall submit a request for review to the secretary.

B.

The secretary shall determine the potential significance of the structures and make one of the following determinations:

1.

The structure does not qualify for designation eligibility in accordance with the provisions of this chapter; or

2.

The structure does qualify for designation eligibility and the request is forwarded to the commission for majority consent, a determination of eligibility, or nomination, in accordance with the provisions of this chapter.

(Ord. 2785 Exh. A (part), 2001)

18.84.420 - Replacement requirements. ¶

A.

A certificate of appropriateness shall not be issued for the demolition, in whole or in part, of a historic resource unless a plan for a replacement improvement has been approved through the appropriate development review process.

B.

No permit shall be issued for the demolition, in whole or in part, of a historic resource unless a permit has been issued for a replacement improvement, unless demolition is required in conformance with Section 18.84.400.

(Ord. 2785 Exh. A (part), 2001)

18.84.430 - Infill development requirements. ¶

A.

New improvements constructed within a historic district shall be designed to be compatible with the architectural style, features and historic character of the district.

B.

New structures shall be compatible with the original style of the contributing resources within a historic district. The design of the new structure shall incorporate the following considerations:

1.

The design shall incorporate the design features and details of contributing resources.

2.

The height, width, and length of the new structure shall be consistent with the original characteristic of the contributing resources.

3.

The average massing, setbacks and arrangement of the contributing resources shall be respected.

4.

The exterior materials, treatment and application shall be similar to the contributing resources.

(Ord. 2785 Exh. A (part), 2001)

Article VI. - Historic Preservation

18.84.440 - State Historic Building Code. ¶

The California State Historic Building Code (SHBC) provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures surveyed and identified as a historic resource. The SHBC shall be used for any historic resource in the city's building permit procedure.

(Ord. 2785 Exh. A (part), 2001)

18.84.450 - Historic preservation easements. ¶

Preservation easements on the facades of buildings designated as historic resources may be acquired by the city, or on the city's behalf, by a nonprofit group designated by the city through purchase, donation, or condemnation pursuant to California Civil Code 815.

(Ord. 2785 Exh. A (part), 2001)

18.84.460 - Historic preservation guidelines. ¶

In order to ensure that the city's historic resources are preserved for future generations, the following guidelines have been developed to assist owners in the preservation, rehabilitation, protection and maintenance of their historic resources. The guidelines are adapted from the United States Department of

the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.

Additions

Using the existing structure.

Conversions of basements and attics to habitable space are the most preferred way of adding square footage. Dormers shall be introduced, where appropriate, to facilitate conversions. Small bays if strategically spaced and in keeping with the overall design of the house, can accommodate more habitable space while maintaining the integrity of the overall design.

New construction.

All new construction shall be consistent with the existing structure. Large additions should be placed at the rear or side of structures to minimize visual impacts. New additions should be handled in one of two ways:

A seamless addition that forms a new dominant structure mass consistent with the historic style and uses materials and architectural designs indistinguishable from what exists;

An accented addition that expresses a new structure projection as an additive element, reinforcing the identity of the original structure, and is made from compatible, but not necessarily identical, materials.

New construction along the front of a structure should generally maintain the proportion and arrangement of openings, projections, and other features.

Upper-story additions are discouraged unless they are consistent with the original design and character of the house style.

The architectural style shall be consistent with the original structure and shall use material similar to those used on the main structure, including siding treatment, windows, doors, trim, roof pitch, etc.

Details on the addition shall match the architectural details on the original structure, such as lattice work, projecting beams, etc.

Garages and other Accessory Structures

Garages and other accessory structures shall be consistent with the historic character of the main structure.

The architectural style shall be consistent with the main structure and shall use material similar to those used on the main structure, including siding treatment, windows, doors, trim, roof pitch, etc.

Details on the accessory structure shall match the architectural details on the main structure such as lattice work, projecting beams, etc.

Garages shall be located to the rear of the property and detached from the main structure.

Wood Siding and Architectural Details

Preservation.

All original wood siding and architectural details should be identified, retained and preserved.

All wall coverings that hide original wood siding and architectural details should be removed.

Protection.

All causes of wood siding and architectural detail deterioration should be identified, evaluated and treated. Causes include:

Faulty flashing

Leaking gutters

Breaks and cracks

Open joints

Deteriorated caulking and sealants

Insect or fungus infestation

Deteriorated coating, such as paint or stain

Cleaning.

All deteriorated paint or stain should be removed by the gentlest method possible:

Hand scraping

Hand sanding

Hot air heat guns

Chemical strippers

Paint shall not be removed by the following methods:

Propane butane torches

Sandblasting

Water blasting

All wood surfaces that have had paint or stain removed shall be given new coatings to protect the wood.

Repairs.

All deteriorated wood elements that cannot be repaired shall be removed.

All removed wood elements shall be replaced with new wood details that match the size, shape and profile of the original element.

==> picture [240 x 133] intentionally omitted <==

Craftsman Style Home

Concrete Walls

Preservation.

All original finish materials and coatings that have been applied should be identified, retained and preserved.

All original finish materials and coatings that have been applied should be identified.

Protection.

All causes of concrete deterioration should be identified, evaluated and treated. Causes include:

Exposed steel reinforcing members or metal ties that are rusting

Cracked broken concrete

Flat surfaces that permit water to penetrate concrete

Faulty flashing

Leaking gutters

Cleaning

All concrete walls shall be cleaned with gentle methods that will not damage the plaster finish or concrete surface:

Water and detergents applied with natural bristle brushes

Low water pressure

After adequate testing, the following cleaning methods may be permitted:

Liquid chemical cleaners that do not damage the concrete or cause ecological damage

High pressure water

Paint removal strippers

The following cleaning method is not permitted:

Sandblasting

Repairs

All rusted steel reinforcing and metal ties shall be removed.

All broken and loose concrete shall be removed.

All concrete shall be patched using appropriate repair procedures.

All original finish materials shall be repaired.

Replace Missing Concrete Details

All missing or broken concrete details shall be replaced with new details that match the size, shape, color and texture of the original detail.

==> picture [235 x 156] intentionally omitted <==

Victorian Style Home

Masonry Walls

Preservation

All original exterior masonry walls should be identified, retained and preserved.

All finish materials and coatings that have been applied should be identified.

Protection

All causes of concrete deterioration should be identified, evaluated and treated. Causes include:

Deteriorated roofs

Insufficient drainage

Deferred pointing

Application of coatings and finish materials

Faulty flashing

Leaking gutters

Cleaning

All concrete walls shall be cleaned with gentle methods that will not damage the masonry or mortar:

Water and detergents applied with natural bristle brushes

Low water pressure

After adequate testing, the following cleaning methods may be permitted:

Liquid chemical cleaners that do not damage the masonry or mortar or cause ecological damage

High pressure water

Paint removal strippers

The following cleaning methods are not permitted:

Sandblasting

Acid wash on limestone and marble

Metal bristle brushes

Prior to initiating the work, all cleaning procedures should be tested to ensure that the masonry will not be damaged.

Pointing Repair

Deteriorated pointing will be repaired when it is identified.

Deteriorated mortar will be removed using hand tools.

Power tools shall not be used to remove deteriorated pointing.

The new mortar should match the strength of the original.

The new mortar should match the color, texture and style of the original mortar.

The new pointing shall match the width and profile of the original.

Repairing the Masonry

Masonry units shall be replaced with new masonry units that match the size, texture and color of the original material.

Broken masonry units should be patched rather than replaced.

Replacing Masonry

All missing or broken masonry units that cannot be repaired shall be replaced with masonry units that match the size, shape, color and texture of the original detail.

Architectural Metals

Preservation

All original metal architectural features should be identified, retained and preserved.

Metal architectural features that are important in defining the historic character of the historic resource shall not be removed.

Protection

All causes of metal corrosion should be identified, evaluated and treated. Causes include:

Exposing bare metal to water and moisture

Deterioration of protective coatings

Galvanic action between two incompatible metals

Cleaning Non-Ferrous Materials and Alloys

The type of metal material shall be identified in order to determine the type of cleaning to be used.

Non-ferrous metals (lead, tin, copper, zinc) whose natural patina should be preserved shall be identified.

Non-ferrous materials with a natural patina shall be cleaned using gentle methods in order to clean the surface without damaging the patina or coating.

Alloys that may require protective coatings shall be identified.

A gentle cleaning method that will not abrade the protective coating shall be used.

Cleaning Ferrous Metals

The type of ferrous material (cast iron, wrought iron, steel) shall be identified.

The type of coating and condition of metal shall be determined.

Hand scraping shall be used to remove corrosion and deteriorated paint.

Low pressure grit blasting may be used to remove corrosion and coatings when hand scraping is ineffective.

Cleaned ferrous metals should be painted immediately with a corrosive resistant coating.

Repair

Metal features that are broken or dented shall be repaired.

Metal features that are broken or dented shall not be replaced.

Replacement

Metal features that are too deteriorated to be repaired should be replaced.

The original metal feature shall be used as a model for the new feature.

Missing features shall not be replaced with details that do not convey the same visual appearance.

==> picture [222 x 168] intentionally omitted <==

Spanish/Mediterranean Revival Style Home

Exterior Plaster (Stucco)

Preservation

All original exterior plaster features should be identified, retained and preserved.

Original exterior plaster features that are important in defining the overall historic character of the historic resource shall not be removed.

Technologically advanced paints and finishes that preserve cracked or damaged plaster shall be used when the original plaster is salvageable.

Protection

All causes of plaster deterioration should be identified, evaluated and treated. Causes include:

Leaking roofs

Faulty flashing

Leaking gutters

Broken concrete substrate

Deteriorated or rusted metal lath

Deteriorated wood members

Cleaning

All plaster shall be cleaned with gentle methods that will not damage the plaster:

Water and detergent

Soft natural bristle brushes

The following cleaning methods are not permitted:

Sandblasting

High pressure water

Repairs

All types of deterioration shall be identified:

Spalling plaster

Broken plaster

Cracked plaster

Missing plaster details

All deteriorated substrate material shall be removed.

All plaster shall be patched using industry approved repair procedures and materials.

Where a large area of plaster needs to be replaced, the adjacent panel should be completely replaced in order to avoid a patched appearance.

==> picture [222 x 144] intentionally omitted <==

Half-timbered Tudor Style House

Roofs

Preservation

All original character defining features of the roof should be identified, retained and preserved.

Shape

Slope

Roofing materials

Decorative details

Any original defining features that have been removed or altered should be identified.

The character defining features of the roof shall not be altered.

Sound character defining features of the roof should be preserved.

Protection

All causes of roof deterioration should be identified, evaluated and treated. Causes include:

Blocked drains and gutters

Moisture condensation

Faulty flashing

Overhanging tree limbs

Insect and fungus infestation

Deteriorated roofing material

Faulty application of roof fasteners

Deteriorated fasteners

Repairs

All features shall be repaired with similar materials.

Replacement

All features that are not repairable shall be replaced.

The deteriorated elements of the roof should be replaced with new material that preserves the overall shape and slope of the roof.

Materials that do not convey the visual appearance of the original roof shall not be used.

Additions to Buildings

Roofs over additions should retain the character defining features of the original roof.

Additions to Original Roofs

Mechanical or solar collection should be installed so that they are not visible from the public right-of-way

Downspouts

Unless an original decorative feature on a house, downspouts should be located in an inconspicuous place, such as the corner, side or back of a building.

Doors

Preservation

All original character defining features of doors should be identified, retained and preserved.

Frames

Jambs

Door

Transoms

Sills

Trim

Screen door

Fan lights and sidelights

Doors that are important in defining the overall historic character of the building shall not be removed or radically changed.

The pattern of the door shall not be changed.

The historic appearance of doors shall not be changed through the use of inappropriate design, materials, finishes or color.

Original fittings on doors shall not be stripped.

Protection

All causes of deterioration should be identified, evaluated and treated. Causes include:

Weathering due to paint deterioration

Rusting due to paint deterioration

Sealant and caulking deterioration

Repairs

Original broken door detail should be repaired.

When repair of material or missing parts is appropriate, the entire door shall not be replaced.

Replacement

When a door can no longer be repaired, or is missing, it should be replaced with a new door that matches the original.

Character defining doors should not be replaced with new doors that do not convey the same visual appearance of the original.

Doors in Additions to the Original Structures

New doors in additions to the original structures should be compatible with the overall design of the original structures, but need not duplicate the pattern of the original doors.

Windows

Preservation

All original character defining features of windows should be identified, retained and preserved.

Frames

Heads

Sills

Trim

Jambs

Muntins

Shutters

Awnings

Sash

Glazing

Blinds

Screens

Windows that are important in defining the overall historic character of the structure shall not be removed or radically changed.

==> picture [220 x 145] intentionally omitted <==

California Bungalow Style Home

The number, location, size or glazing pattern of windows shall not be changed.

The historic appearance of windows shall not be changed through the use of inappropriate design, materials, finishes or color. Window trim should not be obscured with other materials.

Original fittings on windows shall not be stripped.

Protection

All causes of deterioration should be identified, evaluated and treated. Causes include:

Water penetration

Weathering due to paint deterioration

Rusting due to paint deterioration

Sealant and caulking deterioration

Repairs

Original broken window features should be repaired.

When repair of material or missing parts is appropriate, entire windows shall not be replaced.

Replacement

When a window can no longer be repaired, or is missing, it should be replaced with a new window that matches the original.

Character defining windows should not be replaced with new windows that do not convey the same visual appearance of the original.

Windows in Additions to the Original Structures

New windows in additions to the original structures should be compatible with the overall design of the original structures, but not duplicate the fenestration pattern and detailing of the original windows.

Entrances and Porches

Preservation

All original entrances or porches, including doors, entablatures, columns, balustrades and stairs should be identified, retained and preserved.

If replacement is necessary, the proportion and composition of original design should be retained, preferably by using traditional moldings and balusters.

An entrance or porch shall not be removed in order to reorient the structure for a new use.

Columns and railings for porches, stoops and front steps should be substantial looking and not be replaced with pipes, wrought iron or "ranch-style" members.

Brick stairs are rarely appropriate; wood stairs are most appropriate to late victorian and classical revival houses.

New entrances shall not be cut into the primary façade.

Utilitarian or service entrances shall not be altered so they appear to be the formal entrance.

Protection

All causes of deterioration should be identified, evaluated and treated. Causes include:

Water penetration

Weathering due to paint deterioration

Rusting due to paint deterioration

Sealant and caulking deterioration

Repairs

The historic materials used in the character defining features should be repaired.

Original materials should be used for repairs or substitute materials that are compatible.

Substitute materials or features that do not convey the visual appearance of the original features shall not be used.

Replacement

When an entrance or porch can no longer be repaired, or is missing, it should be replaced with a new entrance or porch that conveys the same visual appearance.

A New Entrance or Porch on Additions to the Original Structure

A new entrance or porch should be designed to be compatible to the original structures.

Storefronts

Preservation

All original storefronts should be identified, retained and preserved.

Bulkhead

Window frame

Door transom

Recessed ceiling

Lighting

Wall material Display window

Door

Awnings

Recessed paving

Parapets

The original features of the storefront shall not be removed.

The location of the storefront main entrance shall not be changed.

The original configuration of the storefront shall not be altered.

Inappropriate materials shall not be added over original ones.

Protection

All causes of deterioration on the storefront should be identified, evaluated and treated. Causes include:

Water penetration

Weathering due to paint deterioration

Rusting due to paint deterioration

Sealant and caulking deterioration

Historic materials shall not be stripped from the storefront.

Repairs

The historic materials used in the character defining features of the storefront should be repaired.

Original materials or substitute materials that are compatible should be used for repair.

Materials or features that do not convey the visual appearance of the original features should not be substituted.

Replacement

If there is insufficient information about the original appearance of the storefront, it should be rebuilt using a new design whose size, scale, style, detail and color are compatible with the original appearance.

When a storefront can no longer be repaired, or is missing, replace it with a reconstructed storefront based on the available historical, pictorial and physical documentation of that storefront or similar storefront, if no such documentation is available.

A new design that is incompatible in size, scale, material, style and color with the original appearance is not allowed.

Significant Interior Space Features and Finishes

Preservation of Interior Spaces

A floor plan or significant interior spaces that are important in defining the overall historic character of the structure should be identified, retained and preserved.

Size

Proportions

Configuration

Relationship of rooms

Individual room or space

Relationship of features to spaces or rooms

The floor plan or significant interior spaces that are important in defining the overall historic character of the structure shall not be radically changed.

Interior space should not be altered or destroyed by inserting floors, cutting through floors, lowering ceilings, or adding or removing walls.

A feature should not be relocated so that a historic relationship between the feature and the related interior space is altered.

Preservation of Interior Features and Finishes.

Interior features and finishes that are important in defining the overall historic character of the historic resource should be identified, retained and preserved.

Features and finishes that are important in defining the overall historic character of the historic resource shall not be removed or radically changed.

New features or finishes that obscure the character defining features of the historic resource should not be applied.

Protection.

All causes of deterioration should be identified, evaluated and treated. Causes include:

Surface dirt;

Moisture penetration from the exterior;

Insect and fungus infestation;

Excessive moist or dry air;

Vandalism;

Improper cleaning procedures;

Excessive use.

The original features and finishes should be protected from inappropriate changes:

Removal of original features;

Replacement of original features;

Repainting of original finishes;

Introduction of new mechanical, plumbing and electrical systems that cause damage when they are installed.

Repairs.

Deteriorated features or finishes should be repaired using the same or compatible materials.

Repairs shall not be made with incompatible materials.

Replacement.

Unrepairable features or finishes should be replaced with new features or finishes that match the original.

Features or finishes should not be replaced with new features or finishes that do not convey the same visual appearance of the original.

(Ord. 2785 Exh. A (part), 2001)

Article VII. - Modification, Expiration and Extensions

18.84.470 - Certificate of appropriateness application, Mills Act agreement, and demolition permit approval —Period of validity—Extensions.

The period of validity for any certificate of appropriateness application, recordation of a city authorized Mills Act agreement or demolition permit approval shall be as set forth in Section 18.04.110. Time extension(s) of the period of validity for any certificate of appropriateness application, Mills Act agreement or demolition permit approval shall be granted only in accordance with Sections 18.04.120 and 18.04.130.

(Ord. 2909 § 11 (part), 2008)

18.84.480 - Certificate of appropriateness application, Mills Act agreement, and demolition permit approval —Modification conditions.

Conditions may be modified, eliminated, or new conditions added to any certificate of appropriateness application, Mills Act agreement or demolition permit approval, in compliance with Section 18.04.120.

(Ord. 2909 § 11 (part), 2008)

18.84.490 - Adaptive reuse of historic resources.

Any building or structure that was formerly operating as a legal commercial use within a residential zone that has been officially deemed eligible or designated as a local, state or federal historic landmark may be adaptively re-used with a non-residential land use that is identified as permitted and/or conditionally permitted in the C-2, C-1 or C-0 zones to facilitate historic preservation subject to the approval of a conditional use permit by the planning commission if the following findings can be met:

1.

The site proposed for the use is adequate in size, shape and topography; and

2.

The site proposed for the use has sufficient access to streets which are adequate, in width and pavement type, to carry the quantity and quality of traffic generated by the proposed use; and

3.

The proposed use will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties; and

4.

The proposed use will, as to location, operation and design, be compatible with the permitted uses of surrounding and adjacent properties.

Should there be any changes and/or modifications to the exterior of a building and/or structure considered for adaptive reuse, a certificate of appropriateness application shall be required in accordance with Chapter 18.84 of the Whittier Municipal Code.

(Ord. No. 3074, § 3, 9-26-17)

Chapter 18.86 - EARLHAM HISTORIC DISTRICT

18.86.010 - Purpose and intent. ¶

The purpose of this chapter is to protect and preserve the historic integrity of the Earlham historic district.

(Ord. No. 2966, § 1, 4-12-11)

18.86.020 - Historic district defined. ¶

A.

Earlham Historic District Boundaries. The physical boundaries of the Earlham historic district shall consist of the properties addressed as: 13416, 13420, 13504, 13510, 13518, 13522 Earlham Drive and 13521 Penn Street, as shown in the boundary map below:

==> picture [361 x 296] intentionally omitted <==

B.

Significance. The period of historic significance for the Earlham historic district shall be from 1903 to 1940. The important attributes that convey the historic significance of the district shall be identified, retained and preserved based on:

1.

Historic context. The existing properties within the Earlham historic district were created through a subdivision by J.C. Hiatt known as the College Villa Tract. The boundaries of the historic district include portions of the original tract and represent an early Whittier College neighborhood with many existing

architectural examples of early 20[th ] century homes, structures and objects from 1903—1940. Many of the homes were also associated with Whittier College administrators and faculty.

2.

Character defining features and development attributes of the district. The district consists of an early 20[th] century residential neighborhood with original buildings, structures, objects and landscape features that would be associated with a residential setting in the Whittier College neighborhood between 1903—1940. Many of the existing buildings, structures and objects within the boundaries of the historic district still reflect their era of development through their physical placement, architectural design, material cladding and method of construction.

3.

Contributing resources. A contributing resource refers to any building, structure, object, landscape feature or site that retains sufficient individual integrity to convey and add to the historic significance, understanding, and integrity of the overall historic district in a manner that is consistent with the historic context and period of significance identified for the district (1903—1940). The list of contributing resources within the Earlham historic district shall be those identified and maintained within the City's Local Official Register of Historic Resources, as adopted under the enabling city council resolution declaring local landmark status for the Earlham historic district.

4.

Non-contributing resources. A non-contributing resource refers to any building, structure, object, landscape feature or site that does not meet one or more of the following findings: 1) posses sufficient individual historic integrity of the important historic attributes or features that characterize and convey the historic significance of the historic district and/or; 2) does not add to the historical significance, understanding, or overall integrity of the historic district based on the adopted historic context; and/or, 3) the age (or construction date) of the resource falls outside of the period of significance identified for the Earlham historic district (1903—1940).

(Ord. No. 2966, § 1, 4-12-11)

18.86.030 - Permitted uses. ¶

The land uses permitted in the Earlham historic district shall be those permitted in the underlying zoning classification for each property within the district provided, the construction or operation of such use is compatible with the requirements of this chapter.

A certificate of appropriateness issued pursuant to this chapter shall be valid for the time period identified within Sections 18.04.110 (Period of validity), 18.04.120 (Modifications of conditions) and 18.04.130 (Finding required for approval of time extensions) of the Whittier Municipal Code.

(Ord. No. 2966, § 1, 4-12-11)

A.

No existing building, structure or object may be moved into the Earlham historic district without the prior review and approval of a certificate of appropriateness by the historic resources commission for the purpose of ensuring that it is compatible with, and does not diminish, the historic integrity and visual character of the district.

B.

Any vacant or occupied lot within the Earlham historic district that is developed or re-developed with a new or moved-on building, structure, object or landscape feature shall automatically be deemed a noncontributing resource within the district and shall be documented accordingly by the Secretary of the Historic Resources Commission. In addition, all new improvements shall be architecturally and physically compatible with the other improvements within the district that are deemed contributing resources.

C.

Any existing building, structure or object proposed to be moved into the Earlham historic district shall be certified by a licensed structural engineer as being free of structural defects and in good repair. Existing wood buildings, structures and objects shall also be certified by a professional extermination company as having been fumigated for termites within sixty days prior to being moved into the historic district.

D.

When any potential historic resource (i.e., a building, structure, object, landscape feature etc.) that was not previously identified or known is discovered within the Earlham historic district that is (or appears to be) over fifty years old, the historic resources commission shall make a recommendation to the city council for determining whether or not the potential resource is to be listed in the City's Local Official Register of Historic Resources as a "contributing" or "non-contributing" resource within the Earlham historic district. Alternatively, the council may decided if the discovered resource qualifies individually as an eligible or local landmark resource, independent of the historic district. All historic determinations shall be made solely by the city council prior to the issuance of any demolition, grading or building permits for the property on which the discovered potential historic resource is located.

(Ord. No. 2966, § 1, 4-12-11)

18.86.130 - Appeals—Effective date and procedures. ¶

The historic resources commission's determination on a project shall become final and effective fifteen days following the decision, unless appealed by any interested party or the city council during this period. Appeal procedures shall be followed pursuant to Section 18.84.290 (Appeal procedure) of the Whittier Municipal Code.

(Ord. No. 2966, § 1, 4-12-11)

Chapter 18.87 - HADLEY/GREENLEAF HISTORIC DISTRICT

18.87.010 - Purpose and intent. ¶

The purpose of the provisions of this chapter is to preserve and enhance the architectural and historic integrity of the Historic District No. 1, also known as the Hadley/Greenleaf historic neighborhood, and to ensure that any new development or alterations to existing structures in the district are compatible with the historic fabric of the district.

(Ord. 2723 § 3 (part), 1998)

18.87.020 - Historic district defined. ¶

The following characteristics define Historic District No. 1:

A.

Boundaries. The boundaries of the historic district are defined as follows:

On the east: lots fronting onto Painter Avenue along the east side of the street, south to the north side of Hadley Street and north to the south side of Broadway, as illustrated in the accompanying map.

On the west: the east side of Greenleaf Avenue, extending south to the north side of Hadley Street and extending north to the south side of Broadway.

On the north: the south side of Broadway extending west to the east side of Greenleaf Avenue, and extending east to the properties fronting along the east side of Painter Avenue.

On the south: the north side of Hadley Street extending west to the east side of Greenleaf Avenue, and extending east to those lots fronting the east side of Painter Avenue.

B.

Historic Characteristics: The features of the Historic District No. 1 which define its historic significance and the character of the area to be preserved include:

1.

Land Use. Historic District No. 1 is a residential neighborhood. Originally, the area was a single-family residential neighborhood, and many of the original single-family homes remain. Some have been converted to multifamily use, and some older homes have been replaced with new multifamily structures. However, the land use in the area is predominantly residential.

2.

Architectural Styles. Historic District No. 1 includes examples of a variety of architectural styles, including Victorian cottages (see Exhibit 1), Spanish or Mediterranean revival (Exhibit 2) and modern structures. However, the predominant style is the craftsman bungalow (Exhibits 3 and 4). This style is characterized by buildings with gabled rather than flat roofs, extended eaves with exposed rafters, use of natural materials (wood, stone, brick) and an effort to tie the interior space to the environment through the inclusion of many windows, wide doors or French doors, porches and balconies, and extensive landscaping.

3.

Scale. The scale of the structures which are over fifty years old is smaller than the more modern buildings. Buildings are generally two stories or less, and cover less than half of the lot on which they are located. There is a substantial amount of landscaped open space between structures. Exhibit 5 shows the scale of development on a typical street, and Exhibit 6 shows typical street landscaping.

4.

Landscaping. The landscaping of both private property and public rights-of-way is extensive and mature. The impression is of a wooded area with buildings tucked into the landscaping. Landscaping plans are informal and imitate nature, as was common in the era when craftsman bungalows were constructed. Exhibit 7 is an example of the lush landscaping common in the area.

5.

Public Improvements. Public improvements in the area include paved local streets with curbs, gutters and sidewalks separated from the street by a landscaped median. Each street has a mixture of street trees, rather than a single type. Older streetlight fixtures remain along Painter Avenue, but the rest of the area is served by lights attached to utility poles. Exhibit 8 illustrates the older streetlight style.

(Ord. 2723 § 3 (part), 1998)

18.87.030 - Permitted uses. ¶

Land uses permitted in the Historic District No. 1 shall be those permitted in the underlying zone, provided the construction or operation of such use is compatible with the requirements of this chapter. In addition to such principal permitted uses, accessory uses permitted by the underlying zone classification shall also be allowed.

(Ord. 2723 § 3 (part), 1998)

18.87.040 - Development standards. ¶

No plan for development, alteration, expansion or construction on properties located in the historic district shall be approved unless the same complies with the following development standards:

A.

Site and Setting. If a property owner or a developer intends to utilize a historic resource as part of a development, he/she should consider the context of the resource's original site and the importance of the setting in the proposed development.

1.

In some instances, a resource will occupy the full site and limit development opportunities to rehabilitation, renovation or restoration for adaptive reuse.

2.

In instances where a resource occupies less than the full site, greater flexibility will be available for new development that incorporates the resource into the project, except that all new development, alteration or expansion of existing structures shall maintain the required lot coverage and setbacks of the underlying zone.

B.

Building Height. All new development or alteration or expansion of existing structures shall comply with the height limits of the underlying zone. Height of all structures at street level should be visually compatible with adjacent buildings. Use of setbacks at upper levels may be permitted to achieve maximum utilization of a property compatible with the appearance of the area.

C.

Density and Intensity of Development. The maximum dwelling unit density or building intensity permitted in the historic district shall be that permitted by the underlying zone, so long as the resulting development is appropriate to the neighborhood. The apparent physical size, scale and height of all structures should relate to existing resources without overwhelming them. Exhibit 5 illustrates the range of height and scale existing in the area.

D.

Off-Street Parking. The off-street parking requirements for all development in historic district shall be those established for the underlying zone.

E.

Design Guidelines. In considering whether a proposed development is compatible with the historic character of Historic District No. 1, property owners, developers, city staff, historic resources commission and council members shall be guided by the following:

1.

Proportion of Openings. The width and height of windows, doors and entries should be visually compatible with buildings, structures, public ways and places in the surrounding area. A long unbroken facade or small, widely-spaced windows is not appropriate. Wooden double-hung or casement windows are typical of the area, often placed in groups of two or more. Examples of the types of windows and doors and their placement in the facade can be seen in Exhibits 1, 2, 3, 4, 9 and 10. The relationship of solid spaces (i.e., walls) to voids (i.e., windows and doors) in the facade of a building or structure should be visually compatible with buildings, structures and public ways in the surrounding area.

2.

Rhythm of Spacing of Buildings or Structures on the Street. The relationship of a building or structure to the open space between it and adjoining buildings or structures should respect the surrounding environment. The building mass of large architectural projects can be varied in form using setbacks for open space and landscaping when appropriate to provide necessary visual transitions between a lawn, new building and the adjacent historic resources. See Exhibits 5 and 6.

3.

Porches and Entryways. The relationship of entrances and other projections to sidewalks should be designed with the street scene provided by existing buildings, structures and public ways as a guide to ensure that they are visually related. Examples of the types of porches and entries typical to the historic district are shown in Exhibits 1, 2, 3, 4, 11 and 12.

4.

Relationship of Materials, Texture and Color. The relationship of materials, texture and color of the facade of a building or structure should be chosen with the predominant materials used in existing buildings or structures in mind. Paint colors are exempt from review, however, colors of natural materials should be considered. The choice of exterior colors and material textures should be tempered by the predominant colors and textures of the surrounding area. In general, the use of manmade materials (metal, plastic) in facades should be limited because the majority of the historic structures in the historic district use natural materials, and specifically wood, brick or stone. Simplicity in the use of materials, textures and colors is preferable. Exhibits 13, 14 and 15 illustrate typical wood shingles and siding found on homes in the area.

5.

Roof Shapes. The roof shape of a building is a major distinguishing visual element. In most cases, a simple roof form similar to that of the existing historic resources in the area should be used. Most homes in the area have pitched rather than flat roofs and the typical roofing material is composition shingle. Examples of

rooflines typical of the area are shown in Exhibits 1, 2, 3, 4, 16, 17 and 18. Notice that the roofline is frequently broken by dormers.

6.

Design of Accessory Structures. The proposed project should take into account the compatibility of landscaping, fences and walls, parking facilities, utility and service areas, walkways and other accessory structures. These should be designed with the overall environment in mind and should be in visual keeping with related buildings, structures and places.

7.

Landscaping. All mature trees removed to make way for new construction or alteration of an existing structure should be replaced with large box size trees of a type typical to the area and similar in form to the tree removed. Landscaping should be similar in design and type of plants used to that which occurs typically in the area. Exhibits 6 and 7 illustrate typical planting configurations in the area.

(Ord. 2723 § 3 (part), 1998)

2.

Nonresidential development projects and additions with a floor area in excess of one thousand square feet and/or exterior remodeling of structures located in the C zones or the Uptown Whittier Specific Plan that is within the Hadley-Greenleaf Historic District.

3.

Any project which is referred by another approval authority to the historic resources commission.

At least ten days in advance of the time set for consideration of the application by the historic resources commission, the planning director shall give written notice of the time and place of the meeting to the applicant, adjacent property owners to include, at a minimum, two properties on either side, five properties behind and five properties across the street from the subject site, and any person requesting such notice.

E.

The meeting of the historic resources commission shall be conducted so as to allow all interested persons a reasonable opportunity to be heard in connection therewith.

F.

Notice of the decision of the historic resources commission shall be sent to the city council, property owner, the building and safety director, and one copy shall be retained in the planning department.

G.

The decision of the historic resources commission shall be final in thirty days, unless the same is appealed by the applicant, city council, or any other interested party.

(Ord. 2723 § 3 (part), 1998)

(Ord. No. 2932, § 22, 8-11-09)

18.87.070 - Required findings.

Before a certificate of appropriateness is approved, the body approving the certificate must make the following findings of fact:

A.

The proposed project is consistent with the purposes of this chapter; and

B.

Every reasonable effort has been made to adapt the project in a manner which requires minimal alteration of the building, structure, object or site and its relationship to its environment; and

C.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object or site have been preserved as much as possible; or

D.

The applicant has demonstrated that the proposed action is the only reasonable means to correct an unsafe or dangerous condition on the property; or

E.

The applicant has demonstrated that denial of the application will result in immediate or substantial hardship. In determining whether immediate or substantial hardship exists, the commission shall consider the following criteria:

1.

Whether denial of the application will severely diminish the economic value of the structure or property,

2.

Whether denial of the application will prevent or make impractical reasonable beneficial use of the structure or property.

(Ord. 2723 § 3 (part), 1998)

18.87.080 - Expiration of certificate of appropriateness. ¶

A certificate of appropriateness issued pursuant to this chapter shall be valid for a period of twelve months from the date of issuance. The certificate shall expire at the end of this period unless work has commenced in accordance with the approved plan. The director may extend the approval for no longer than two additional six-month periods.

Demolition is determined to be necessary in order to correct or eliminate a dangerous or unsafe condition posing a hazard to the general public.

B.

An applicant for demolition permits may apply to the commission for relief from the requirements of this section. The commission may grant relief if it finds that demolition without replacement will not result in adverse impact to the district. Adverse impacts to the district may include, and shall be found if, the loss of the structure without replacement is likely to result in nuisance uses of the vacant property or would have an adverse visual impact on the neighborhood.

(Ord. 2723 § 3 (part), 1998)

18.87.120 - Appeals—Effective date. ¶

The determination of the historic resources commission shall become effective and final thirty days after their final action, unless within such period of time an appeal, in writing, is filed with the city clerk, by the applicant or any other interested person. Such appeal shall be accepted for filing only upon the paying of an appeal fee as set forth by the city council. In the event that no city council meeting is held within said thirty day period, the effective date immediately following the next city council meeting for which the item has been lawfully posted and agendized for city council consideration.

(Ord. 2819 § 5, 2003; Ord. 2723 § 3 (part), 1998)

(Ord. No. 3112, § 4, 2-25-20)

18.87.130 - Appeals procedure. ¶

A.

Upon the filing of an appeal, the secretary to the commission shall forward to the city clerk the commission's files with regard to such certificate of appropriateness application. Upon receipt of the same, the city clerk shall promptly set the matter for a public hearing before the city council. The city council shall conduct a de novo public hearing upon the matter, and thereafter shall determine whether the application may be approved, conditionally approved, or denied. Within its discretion, the city council may refer, prior to its decision, such matter to the commission for a further report, with or without additional public hearing before the commission. The determination of the council shall be considered adopted by not less than a majority of the voting membership.

B.

The appeal shall be considered by the council at a noticed public hearing, pursuant to Section 18.87.060 of this chapter. Any interested person addressing the council may present evidence as to why the commission's decision should be upheld or reversed. The council may reverse or affirm the decision in whole, or in part, and may impose conditions on the application which were not considered by the commission.

(Ord. 2723 § 3 (part), 1998)

(Ord. No. 3112, § 4, 2-25-20)

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Chapter 18.88 - CENTRAL PARK HISTORIC DISTRICT

Sections:

18.88.010 - Purpose and intent. ¶

The purpose of the provisions of this chapter is to preserve and enhance the architectural and historic integrity of the Central Park historic district, ensuring that any new development or alterations to existing structures in the district are compatible with the historic fabric of the district.

(Ord. 2705 § 2 (part), 1997)

18.88.020 - Historic district defined.

The following characteristics define the Central Park historic district:

A.

Boundaries. The boundaries of the historic district are defined on the accompanying map, and as follows:

On the east: the public alley behind lots located on the east side of Friends Avenue, generally located between the centerline of Hadley Street to the north and Philadelphia Street to the south, to include the single lot located at the southwest corner of Painter Avenue and Bailey Street.

On the west: the public alley directly behind lots located on the west side of Washington Avenue generally located between the centerline of Hadley Street to the north, and Philadelphia Street to the south, to

include the single lot located on the southeast corner of Bright Avenue and Bailey Street.

On the north: the centerline of Hadley Street between the Washington/Bright Avenue alley to the west, and the Friends/Painter Avenue alley to the east.

On the south: portions of blocks south of Bailey Street between Painter and Bright Avenues, as illustrated on the accompanying map.

B.

Historic Characteristics. The features of the Central Park historic district which define its historic significance and the character of the area to be preserved include:

1.

Land Use. The Central Park historic district is primarily a residential neighborhood on the periphery of the Uptown commercial center. Originally, the residential neighborhood contained single-family uses, and some of the original single-family homes remain. Other properties in the area have been converted to multifamily use, with some minor replacement development of apartment structures. Also located within the district is the former Women's Club building, now housing the Rio Hondo Chapter of the Red Cross. This structure, as well as the Post Office, serve as a transition into the Uptown Whittier commercial core. Central Park itself is located within the middle of the district, serving as an Uptown Whittier focal point and special event locale.

2.

Architectural Styles. The Central Park historic district includes examples of a variety of architectural styles, including Victorian, Spanish or Mediterranean revival, and Craftsman structures. The compilation of Victorian houses in the Central Park area may arguably be the largest and most unique collection remaining in Whittier. The Victorian houses are generally two-story structures with intricate detailing including elaborate columns, extensive porch areas, varying wood shingle finishes, and steeply pitched roofs. Some structures appear to contain features from both the Victorian and Craftsman eras, most likely serving as transition buildings.

3.

Scale. The general scale of the residential structures is fairly uniform with many of the residences surrounding the park constructed with two stories. Many of the lots maintain multifamily uses with two units (front and rear) located on the lot. The lots with single units generally cover less than half of the lot on which they are located. The open space between structures illustrates substandard setbacks typical of historic tracts, however, the distance between structures is adequate and with appropriate open areas provided for in the front lawns and backyards.

4.

Landscaping. Central Park serves as a neighborhood green space with many references to the past. The park also serves as a major contributor to the unique character of the area. Additionally, the landscaping of both private property and public rights-of-way is extensive and mature. The impression of an original town

center is very evident in the layout, street systems, and orientation of the structures surrounding the park. A large stand of palm trees, along Washington Avenue, contributes to the overall quality and maturity of the area. The preservation of these trees will continue to present the appropriate authenticity to the area.

5.

Public Improvements. Public improvements in the area include paved local streets with curbs, gutters and sidewalks separated from the street by a landscaped median. The public right-of way includes street trees of varying type and maturity. Central Park is a public park that is maintained by the city.

(Ord. 2705 § 2 (part), 1997)

18.88.030 - Permitted uses. ¶

Land uses permitted in the Central park historic district shall be those permitted in the underlying zone; provided, the construction or operation of such use is compatible with the requirements of this chapter. In addition to such principal permitted uses, accessory uses permitted by the underlying zone classification shall also be allowed.

(Ord. 2705 § 2 (part), 1997)

18.88.040 - Development standards. ¶

No plan for development, alteration, expansion or construction on properties located in the Central Park historic district shall be approved unless the same complies with Section 18.87.040 of the zoning regulations and Chapter 5 of the Uptown Whittier Specific Plan, as amended.

(Ord. 2705 § 2 (part), 1997)

18.88.050 - Certificate of appropriateness required. ¶

Upon adoption of the Central Park historic district, no person shall perform any work requiring a building permit to demolish, remove, construct, alter, move or change the appearance of any structure or portion of a structure without first having applied for and been issued a certificate of appropriateness.

(Ord. 2705 § 2 (part), 1997)

18.88.060 - Procedures. ¶

A.

An application for a certificate of appropriateness shall be filed with the planning department, and shall contain the following data:

1.

A clear and comprehensive statement of the proposed work;

2.

Plans describing the size, height and appearance of the proposed work;

3.

A site plan showing all existing buildings and structures and indicating the location of the proposed work;

4.

Where the application involves demolition, a statement of justification for the necessity of demolition to the historic resources commission;

5.

Color photographs of the exterior of all structures located on the site where the work is proposed, and a view of structures on adjoining lots from public streets or ways;

6.

Samples of the materials proposed for use on the subject project;

7.

Such other materials as the planning director may deem necessary to permit the evaluation of the impact of the proposed project.

B.

Applicants requesting ordinary repair and maintenance of property located in the Central Park historic district may have their certificate of appropriateness issued by the planning director. Ordinary repair and maintenance includes but is not restricted to:

1.

Repair using like or similar materials and design elements as the original;

2.

All interior alterations not visible from, nor resulting in any impact upon, the structure's exterior.

C.

After receiving an application for a certificate of appropriateness and determining that more than ordinary repair and maintenance is involved, the director shall set the matter for review before the historic resources commission.

D.

At least ten days in advance of the time set for consideration of the application by the historic resources commission, the planning director shall give written notice of the time and place of the meeting to the applicant, all property owners within the Central Park historic district, and any person requesting such notice.

The meeting shall be conducted so as to allow all interested persons a reasonable opportunity to be heard in connection therewith.

F.

Notice of the decision of the historic resources commission shall be sent to the property owner, the building and safety director, and one copy shall be retained in the planning department.

G.

The decision of the historic resources commission shall be final in thirty days, unless the same is appealed by the applicant, city council, or any other interested party.

(Ord. 2705 § 2 (part), 1997)

18.88.070 - Required findings.

Before a certificate of appropriateness is approved, the body approving the certificate must make the following findings of fact:

A.

The proposed project is consistent with the purposes of this chapter; and

B.

Every reasonable effort has been made to adapt the project in a manner which requires minimal alteration of the building, structure, object or site and its relationship to its environment; and

C.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object or site have been preserved as much as possible; or

D.

The applicant has demonstrated that the proposed action is the only reasonable means to correct an unsafe or dangerous condition on the property; or

E.

The applicant has demonstrated that denial of the application will result in immediate or substantial hardship.

(Ord. 2705 § 2 (part), 1997)

18.88.080 - Expiration of certificate of appropriateness. ¶

in accordance with the approved plan. The director may extend the approval for no longer than two additional six-month periods.

(Ord. 2705 § 2 (part), 1997)

18.88.090 - Demolition and relocation of structures. ¶

A.

If the application proposes demolition or off-site relocation and the certificate is not issued pursuant to Section 18.88.070, the commission may require a forty-five-day review period for the purpose of providing time to explore alternatives to the removal of the structure, including compliance with the Secretary to the Interior's Standards for Rehabilitation and Preservation.

1.

2. a.

Issue a certificate of appropriateness for demolition, provided plans for a replacement structure have been approved; or

b.

Deny the certificate of appropriateness application.

B. (Ord. 2705 § 2 (part), 1997)

18.88.100 - Unsafe or dangerous conditions. ¶

building or structure located in the district, where such conditions have caused the structure to be declared unsafe, dangerous pursuant to Chapters 8.08 and 15.04 of the Whittier Municipal Code. The historic resources commission shall be advised of the required demolition, prior to issuance of the demolition or building permit needed to alleviate the unsafe condition.

(Ord. 2705 § 2 (part), 1997)

18.88.110 - Replacement structures. ¶

A.

1.

Demolition is determined to be necessary in order to correct or eliminate a dangerous or unsafe condition posing a hazard to the general public.

B. (Ord. 2705 § 2 (part), 1997)

18.88.120 - Appeals—Effective date. ¶

The determination of the historic resources commission shall become effective and final thirty days after their final action, unless within such period of time an appeal, in writing, is filed with the city clerk, by the applicant or any other interested person. Such appeal shall be accepted for filing only upon the paying of an appeal fee as set forth by the city council. In the event that no city council meeting is held within said thirty day period, the effective date shall be extended to the date immediately following the next city council meeting for which the item has been lawfully posted and agendized for city council consideration.

(Ord. 2819 § 6, 2003; Ord. 2705 § 2 (part), 1997)

(Ord. No. 3112, § 4, 2-25-20)

18.88.130 - Appeals procedure. ¶

A.

conduct a de novo public hearing upon the matter, and thereafter shall determine whether the application may be approved, conditionally approved, or denied. Within its discretion, the city council may refer, prior to its decision, such matter to the commission for a further report, with or without additional public hearing before the commission. The determination of the council shall be considered adopted by not less than a majority of the voting membership.

B.

The appeal shall be considered by the council at a noticed public hearing, pursuant to Section 18.88.060 of the zoning regulations. Any interested person addressing the council may present evidence as to why the commission's decision should be upheld or reversed. The council may reverse or affirm the decision in whole, or in part, and may impose conditions on the application which were not considered by the commission.

(Ord. 2705 § 2 (part), 1997)

(Ord. No. 3112, § 4, 2-25-20)

Chapter 18.89 - COLLEGE HILLS HISTORIC DISTRICT

18.89.010 - Purpose and intent. ¶

The purpose of the provisions of this chapter is to preserve and enhance the architectural and historic integrity of the College Hills historic district, ensuring that any new development or alterations to existing structures in the district are compatible with the historic context and identity of the district.

(Ord. No. 2926, § 1, 5-26-09)

18.89.020 - Historic district defined. ¶

The following characteristics define the College Hills historic district:

A.

Boundaries. The College Hills historic district boundaries are based on the original College Hills Subdivision Map of 1923, which is comprised of a thirty-one-acre site that has been subdivided into a total of one hundred nineteen (119) lots along Philadelphia Street, Ridge Road, Bryn Mawr Way, Hillside Lane, and Worsham Drive, as shown on the map below. Each lot within the College Hills historic district has been identified as a contributing resource, non-contributing resource or vacant lot.

==> picture [384 x 447] intentionally omitted <==

Contributing Resource* Non-Contributing Resource Vacant

*In addition to the residences located on the lots noted above, the following features are also contributing resources to the College Hills historic district:

1.

Original street lamps located on Bryn Mawr Way, Glen Court, Hillside Lane, Philadelphia Street, and Worsham Drive.

Canary Island Pine Trees (Pinus Canariensis) planted along Bryn Mawr Way and Philadelphia Street.

3.

Cement step walkway linking Worsham Drive, Hillside Lane, Philadelphia Street, and Ridge Road.

4.

Retaining walls on said properties located on Bryn Mawr Way, Glen Court, Hillside Lane, Philadelphia Street, and Worsham Drive.

B.

Historic Characteristics. The features of the College Hills historic district which define its historic significance and the character of the area to be preserved include:

1.

Land Use. Originally a part of Worsham Ranch, the College Hills residential subdivision, now referred to as the College Hills historic district, was created in 1923 by a syndicate of Whittier businessmen who later sold their interest in the subdivision to Whittier College.

The majority of homes within the College Hills historic district were generally developed over a period of six decades (circa 1920's to 1970's). Many of the properties have panoramic views of the city and of the greater southern California region.

Developing a reputation as one of the finest residential subdivisions in the city, the College Hills subdivision became synonymous with many college, government, community, and business leaders in Southern California who owned property in the neighborhood. It also appealed to many well-to-do members of the community.

As the subdivision has been successfully developed to master the steep slopes, grade changes, and curving hills throughout development, it represents not only an excellent example of an early, large scale, 20[th ] Century hillside subdivision, but the earliest of its type within the city of Whittier. Likewise, the site design and engineering solutions used for the construction of many of these hillside homes are unique to College Hills due to the topography of the subdivision.

de changes, and curving hills throughout development, it represents not only an excellent example of an early, large scale, 20[th ] Century hillside subdivision, but the earliest of its type within the city of Whittier. Likewise, the site design and engineering solutions used for the construction of many of these hillside homes are unique to College Hills due to the topography of the subdivision.

College Hills is also particularly representative of a cohesive subdivision in that over ninety-nine percent of the original 1923 lot lines within the tract have remained unchanged. The development also showcases the architectural evolution of homes that have occurred within the city, since 1923. Many of these homes reflect high quality architectural designs and craftsmanship that have been preserved since their construction resulting in the historic integrity of these structures and the lots they were developed on remaining intact.

2.

Architectural Styles. Overall, the homes within the College Hills historic district have maintained their original architectural style, as originally built. Hence, the majority of homes serve as excellent, intact, examples of various architectural styles that have evolved since the 1920's. Many of the architectural styles

found within the College Hills historic district include: Spanish Colonial Revival, Colonial Revival, Mission Revival, Tudor, Provincial Revival, and California Ranch.

3.

Contributing Resources. A contributing resource refers to any structure, object improvement or landscape that adds to the historical, architectural, or cultural significance of a historic district and is consistent with the historic context of that district. A list of contributing resources/properties within the College Hills historic district shall be identified and maintained within the City's Local Official Register of Historic Resources.

4.

Non-Contributing Resources. A non-contributing resource refers to any structure, object, improvement or landscape that does not add to the historical, architectural or cultural significance of a historic district and is inconsistent with the historic context of that district.

(Ord. No. 2926, § 1, 5-26-09)

18.89.030 - Permitted uses. ¶

Land uses permitted in the College Hills historic district shall be those permitted in the underlying zone; provided, the construction or operation of such use is compatible with the requirements of this chapter. In addition to such principal permitted uses, accessory uses permitted by the underlying zoning classification shall also be allowed.

(Ord. No. 2926, § 1, 5-26-09)

18.89.040 - Development standards.

No plan for development, alteration, expansion or construction on properties located in the College Hills historic district shall be approved unless the same complies with all applicable provisions of the Whittier Municipal Code including, but not limited to: Chapter 18.10 (Residential Zones Generally), Chapter 18.16 (R-1 Single-Family Residential Zone); and, Chapter 18.84 (Historic Resources) except as may be modified by the provisions of this chapter.

(Ord. No. 2926, § 1, 5-26-09)

18.89.050 - Certificate of appropriateness required.

No person shall perform any work requiring a building permit to demolish, remove, construct, alter, move or change the appearance of any structure without the prior review and approval of a certificate of appropriateness, unless a waiver is granted pursuant to Section 18.84.180 of the Whittier Municipal Code.

(Ord. No. 2926, § 1, 5-26-09)

18.89.060 - Procedures. ¶

An application for a certificate of appropriateness shall be filed in accordance with Section 18.84.160 (Certificate of appropriateness application) of the Whittier Municipal Code.

B.

Procedures for processing a certificate of appropriateness shall be in accordance with Section 18.84.190 (Certificate of appropriateness procedure) of the Whittier Municipal Code.

C.

A certificate of appropriateness waiver may be issued for those repairs and modifications to historic structures and landscaping described within Section 18.84.180 (Certificate of appropriateness wavier) of the Whittier Municipal Code.

(Ord. No. 2926, § 1, 5-26-09)

18.89.070 - Required findings.

(Ord. No. 2926, § 1, 5-26-09)

18.89.080 - Validity and expiration of permits.

A Certificate of Appropriateness issued pursuant to this chapter shall be valid for the time period identified within Sections 18.04.110 (Period of validity), 18.04.120 (Modifications of conditions) and 18.04.130 (Finding required for approval of time extensions) of the Whittier Municipal Code.

An applicant for demolition permits may apply to the historic resources commission for relief from the requirements of this section. The commission may grant relief if it finds that demolition without replacement will not result in an adverse impact to the College Hills historic district.

(Ord. No. 2926, § 1, 5-26-09)

18.89.120 - New structures and move-ons located on vacant and occupied lots.

A.

No structure may be moved into the College Hills historic district without the prior review and approval of a certificate of appropriateness by the historic resources commission.

B.

Any vacant or occupied lot within the College Hills historic district that is developed or re-developed with a new or moved-on structure that is less than fifty years old shall be automatically deemed a noncontributing resource within the College Hills historic district.

C.

When any structure is moved into the College Hills historic district that is over fifty years old, the historic resources commission shall make a recommendation to the city council who shall determine whether or not the structure is to be listed as a contributing or non-contributing resource within the College Hills historic district. The determination shall be made prior to the finalization of any building permits.

D.

Any new structure(s) developed or moved onto a vacant lot within College Hills shall reflect the architectural heritage found within the College Hills historic district and shall not detract from the historic integrity or context of the district. Any new structure(s) developed on an improved lot with an existing residence shall match the architectural style of the primary residence on the property.

E.

Any existing structure proposed to be moved into the College Hills historic district shall be certified by a licensed structural engineer as being free of structural defects and in good repair. The structure shall also be certified by a professional extermination company as having been fumigated for termites within sixty days prior to being moved into the historic district.

(Ord. No. 2926, § 1, 5-26-09)

18.89.130 - Appeals—Effective date and procedures. ¶

The historic resources commission's determination on a project shall become final and effective fifteen days following the decision, unless appealed by any interested party during this period. Appeal procedures shall be followed pursuant to Section 18.84.290 (Appeal procedure) of the Whittier Municipal Code.

(Ord. No. 2926, § 1, 5-26-09)

Division V. - Emergency Procedure Chapter 18.90 - EMERGENCY PROCEDURE

18.90.010 - Application of division. ¶

The provisions contained in this division are intended to provide for certain emergency procedures and regulations in the event of a local emergency. The provisions of this division shall be operative at such time as a proclamation of local emergency is issued by the city council pursuant to applicable law. The provisions shall remain operative until the city council declares that the public interest no longer requires the provisions of this chapter to be operative.

(Ord. 2421 § 1 (part), 1987)

18.90.020 - Procedure relating to zone variance and conditional use permit applications.

A.

Notwithstanding any other provision of this code to the contrary, during such time as the provisions of this division are operative, the provisions of this division shall apply to any lot in the city which has located thereon a building or a structure which has suffered damage by virtue of a casualty to which a proclamation of local emergency relates, as a result of which the building or structure must be reconstructed and/or rehabilitated, or demolished. Where such reconstruction and/or rehabilitation, or new construction replacing the demolished building or structure, can only be accomplished by the landowner if a zone variance and/or a conditional use permit is obtained, public hearings or applications for such a zone variance or a conditional use permit shall be heard by the zoning administrator upon five days' written notice given to the

applicant and to the owners and occupants of real properties located within three hundred feet of the outer boundaries of the lot to which such application relates. The zoning administrator shall be empowered, based upon the evidence presented, to grant such a zone variance or a conditional use permit, provided that the facts required therefor pursuant to Chapter 18.52 of this code are present. The zoning administrator shall be empowered, based upon the evidence submitted, to condition the issuance of such a zone variance or conditional use permit in such manner as deemed appropriate to ensure compliance with the provisions of the city's zoning regulations and the city's general plan and to ensure that such building or structure will be constructed or reconstructed and maintained in a manner compatible with surrounding and adjacent properties and public facilities.

B.

Applications for modifications to existing conditional use permits or zone variances, where such modification is required to permit such reconstruction and/or rehabilitation or new construction, shall also be heard and processed by the zoning administrator based upon a five-day written notice of hearing, given in the time and manner set forth in this section. The decision of the zoning administrator in granting, conditionally granting or denying such a zone variance application, conditional use permit application, or a modification application, shall be final and conclusive.

(Ord. 2421 § 1 (part), 1987)

18.90.030 - Temporary structures.

A.

Definitions. For the purpose of this section, the following words and phrases shall be defined as follows:

1.

"City manager" means the city manager of the city.

2.

"Director" means the director of building and safety of the city.

3.

"Displaced commercial use" and "displaced industrial use" mean a commercial or industrial use which was housed in a building or structure which was severely damaged by casualty to which a proclamation of local emergency relates, to the extent that such building or structure which formerly housed such use can no longer, by virtue of the damaged condition of such building or structure, be utilized for that purpose.

4.

"Displaced resident" means one or more natural persons whose dwelling unit, which was their principal place of residence, was damaged by casualty to which the proclamation of local emergency relates, to the extent that the dwelling unit is no longer safe for human habitation.

"Permit" means a permit issued by the director for the use of a temporary structure.

6.

"Temporary structure" means and includes a trailer, building or other structure which is utilized for the purpose of providing temporary housing for a displaced resident, a displaced commercial use and/or a displaced industrial use.

B.

1.

Permits for Temporary Structures—Issuance. Any displaced resident, and any owner and/or operator of a displaced commercial use or a displaced industrial use, may, subject to the provisions of this section, utilize a temporary structure for the purpose of housing a displaced commercial use, a displaced industrial use, or a displaced resident, provided a permit therefor is first obtained pursuant to the provisions of this section. A permit for a temporary structure shall be issued by the director, after the filing of an application for such permit, upon his/her finding the following:

a.

That the applicant for such permit is a displaced resident or the owner/operator of a displaced commercial use or a displaced industrial use; and

b.

That the building in which the displaced resident or displaced commercial use or displaced industrial use, was located on the date of the casualty to which the proclamation of local emergency relates, and was damaged to such an extent that its continued use is prohibited; and

c.

That the applicant for such permit is the owner of the property upon which such damaged building or structure is located, or is the tenant under a lease relating to such property who has the consent of the landowner to file an application for a permit for such temporary structure, as evidenced by written concurrence of the landowner upon such permit application; and

d.

That the applicant states that the owner of the damaged building or structure which formerly housed the use which has been displaced, has made or will make within a reasonable time, a bona fide application for a building permit to restore, rehabilitate and repair such damaged building, or if such building or structure has been demolished or is in the process of being demolished, such owner will make application for permits, within a reasonable time, to replace the demolished building or structure with a new building or structure.

2.

The director shall have the power to conditionally issue a permit so as to ensure that the provisions of this section are fully met; such conditions shall include a requirement that the temporary structure meets all applicable code requirements relating to utility services and other applicable provisions of the city's building regulations, and administrative regulations relating to temporary structures. The director shall be empowered to issue regulations pertaining to the use of temporary structures so as to ensure that the same can be utilized for the stated purpose in a safe manner.

3.

Such a permit when issued shall be valid for the period of time set forth as a condition of the issuance of such permit imposed by the director, but in no case longer than a period of three hundred sixty consecutive calendar days from and after the issuance thereof. At any time during the term of a permit, for good cause, the director may extend the duration of such permit, for a reasonable period of time.

4.

Permits issued under this subsection shall not be transferable for any reason.

C.

Expiration of Term of Permit. Upon expiration of the term of the permit as granted pursuant to this section, the permittee shall vacate the temporary structure and terminate all use of such temporary structure.

D.

Conditions of Permit Approval. Each permittee shall sign a copy of the permit as issued acknowledging the permittee's acceptance of all conditions of approval imposed upon such permit and specifically acknowledging that at the conclusion of the permit term that the permittee will abandon such temporary structure and remove it from its site; and if for any reason the permittee fails to vacate and/or remove a temporary structure upon the expiration or termination of such permit, such permittee shall be obligated to pay to the city any and all costs of litigation necessary to enforce any of the provisions of this section including, but not limited to, administrative costs, including overhead, reasonable attorneys' fees and court costs.

E.

Permit Revocation.

1.

The director shall revoke a permit after issuance, if he/she finds that a violation of any provision of this section has occurred with reference to the usage allowed pursuant to such permit. The director shall, upon being advised of an alleged violation, conduct a public hearing, giving not less than five days' notice thereof to the permittee, at which hearing the permittee and any other interested person may present any relevant evidence, to determine whether any violation of the terms and conditions imposed upon such permit, or of this chapter, has occurred. The burden of proof in such a proceeding to demonstrate that a violation has occurred shall be upon the city. In the event that there is a determination that such permit should be revoked, if the permittee does not acquiesce in the order of revocation, the city may elect to

, to determine whether any violation of the terms and conditions imposed upon such permit, or of this chapter, has occurred. The burden of proof in such a proceeding to demonstrate that a violation has occurred shall be upon the city. In the event that there is a determination that such permit should be revoked, if the permittee does not acquiesce in the order of revocation, the city may elect to

proceed with a judicial action to enforce such order of revocation, in which event the permittee shall be obligated to pay any and all costs incurred in such proceeding, including administrative overhead costs, reasonable attorneys' fees and court costs. The provisions of Section 8.08.170 of this code shall apply to all temporary structures allowed pursuant to this section.

2.

The director shall have the power, after conduct of a public hearing, giving not less than five days' notice of such hearing to the permittee, to revoke any permit issued under this section if he/she finds, in the case of the repair or rehabilitation of a building formerly housing the displaced use that such repair as rehabilitation is not being expeditiously repaired or if he/she finds that such work of reconstruction or rehabilitation has been abandoned for a period of fifteen or more consecutive calendar days. Further, if the director finds, after hearing, in the case of a building which formerly housed a displaced use which building has been demolished, that the construction of the replacement building or structure is not being expeditiously accomplished or that the construction has been abandoned for a period of not less than fifteen consecutive calendar days, he/she shall revoke such permit for the use of a temporary structure.

F.

Conduct of Hearings. All hearings required to be conducted for the purpose of issuing or revoking a permit pursuant to the provisions of this chapter shall be conducted by the director upon not less than five consecutive calendar days' written notice to the permittee and to the owners of real property located within one hundred fifty feet of the lot upon which such temporary structure is located or is to be located. At the time of such hearing, the director shall allow any interested party to present relevant evidence on the question of whether or not such permit shall be issued or revoked, pursuant to the provisions of this chapter.

G.

Appeals. Any decision of the director shall be subject to an appeal by any person who appeared and presented evidence at the hearing before the director. No other person shall be permitted to file an appeal in such a proceeding. Such an appeal shall be directed to the city manager and shall not be deemed timely filed unless the written appeal, containing a statement of the reasons for such appeal, is filed with the office of the city manager within five consecutive calendar days following the determination of the director on such a matter. Thereafter, the city manager shall expeditiously cause a public hearing to be conducted before him/her, or before a hearing officer designated by him/her, for the purpose of determining, de novo, whether the action of the director is in accordance with the provisions of this chapter. Notice of such an appeal hearing shall be given in the same manner as required of hearings before the director. The actions taken by the city manager upon an appeal from a decision of the director shall be final and conclusive.

(Ord. 2421 § 1 (part), 1987)

Division VI. - Community Design Chapter 18.92 - SINGLE-FAMILY RESIDENTIAL DESIGN GUIDELINES

18.92.010 - Design goals.

Single-family residential development dominates the urban form of the city. The design and configuration of lots and uses reflect various planning styles used at the time of development, such as the early town grid lots, later large subdivisions, curvilinear hillside development and planned unit developments. This diversity of housing types designed in different periods is characteristic of this community. The guidelines apply to smaller infill as well as larger master planned projects and encourage the highest level of design quality while allowing maximum flexibility in the design of single-family residential development that will:

A.

Create livable neighborhoods and residential areas as well as safe and attractive streets by encouraging high-quality architecture, landscape and design; and

B.

Emphasize design compatibility within existing neighborhoods, both in site planning and architectural design.

(Ord. 2786 Exh. A (part), 2001)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.92.020 - Design objectives. ¶

The design of single-family residential development projects in the city should:

A.

Respect the scale, proportion and character of the surrounding area;

B.

Provide pedestrian-friendly design solutions to adverse traffic patterns;

C.

Establish attractive, inviting, imaginative and functional site design;

D.

Create visual interest and variety;

E.

Maintain a sense of harmony and proportion along street frontages and other portions of the project exposed to public view;

F.

Preserve and incorporate natural amenities unique to the site such as hillside views, topography, and mature trees; and

G.

Preserve and incorporate historically, culturally, or architecturally significant building into the project development proposal.

(Ord. 2786 Exh. A (part), 2001)

18.92.030 - Site design guidelines. ¶

A.

Grading. Grading should be minimized where possible to preserve the natural character of the land. When grading is unavoidable, incorporate the following guidelines:

1.

Follow the natural contours as much as possible.

2.

Slopes should be rounded and contoured to blend with the existing terrain.

3.

Emphasize and accentuate scenic vistas.

4.

Avoid large, manufactured slopes in favor of several smaller slopes.

5.

Retain and incorporate significant natural vegetation into the project.

6.

Implement slope-stabilizing landscaping and irrigation on manufactured slopes.

B.

Compatibility. New homes should be built in scale with the existing neighborhood. Therefore, in addition to the minimum code requirements for yards, height, lot coverage and floor area; the predominant setback, yards, size, and height of the existing neighborhood should be considered in determining the overall size and situation of the house.

1.

The arrangement of structures, circulation, and open spaces should recognize the particular characteristics of the site.

Project design should relate to the surrounding built environment in pattern, function, scale, character and materials.

3.

Infill structures and new projects should meet or exceed the standards of quality which have been set by surrounding development.

4.

Structures that are distinctive due to their age, cultural significance, or unique architectural style should be considered for preservation and incorporated in the project proposal.

5.

Residential units should be buffered from incompatible development through increased setbacks, intensified landscaping, and appropriate building orientation.

Building siting.

1.

Primary building:

a.

Front primary buildings to the street;

b.

Front infill buildings in the same direction as the surrounding development;

c.

Vary setbacks of homes and garages.

2.

Garage. The garage and driveway location is the most significant factor in determining the overall site layout for small- to medium-size lots. The configuration that best reflects the existing neighborhood pattern should be selected.

a.

Detached Garage. The garage is a separate structure from the house, usually located at the rear of the property, with alley or street access.

b.

Attached Garage—Rear. The garage is attached to the rear of the house, with side or rear access from the street or alley.

c.

Attached Garage—Side or Front. The garage is attached to the side or front of the house, with street access. Angled or side-entry garages should be used to break up the monotony of garage doors facing the street.

==> picture [218 x 168] intentionally omitted <==

d.

Interior Lots:

i.

If the garage is attached to the front of the house, the garage door should be perpendicular to the front property line.

ii.

If the garage door faces the street, it should be set back at least two feet from the front wall of the house.

iii.

In no case should a front-facing garage constitute greater than sixty percent of the front façade.

e.

Corner Lots:

i.

If the garage is attached to the front of the house, the garage door should be perpendicular to the front of the house.

ii.

If the garage is attached to the side of the house with the garage door parallel to the front wall of the house, the garage door should be set back at least two feet from the front wall of the house.

iii.

In no case should a front-facing garage constitute greater than sixty percent of the front façade.

f.

Design guidelines for attached and detached garages, as well as accessory structures, are found later in this document.

3.

Other Accessory Structures.

a.

Newly constructed Accessory Dwelling Units (ADUs) should be sited to the rear of a primary structure unless there is no feasible location on the site that can accommodate the minimum size unit authorized by Chapter 18.10.

b.

Accessory living areas (i.e., guest house, rumpus room, cabana, or pool house) and non-habitable buildings (i.e., garages) should be placed at the side and rear of the primary structure and should be proportionately scaled.

D.

Setback. The structure should be set back from the front property line either the distance required by the zoning code or the average of existing setbacks on the street, whichever is greater. Exceptions can be made at the discretion of the director of community development where inconsistencies in lot patterns exist and create inequities.

==> picture [198 x 108] intentionally omitted <==

E.

Walls and Fences.

Fences and walls should be built with attractive, durable materials, including, but not limited to, wood, vinyl, wrought iron, textured concrete block, or formed concrete with reveals.

2.

Chain-link fencing, corrugated metal fencing, and/or fiberglass fencing and "tennis windscreens" are not permitted within the front yard or street side, and interior side yard areas.

3.

Fences or walls may not exceed a height of six feet within required yard areas and shall not exceed sixtysix inches within the required front, street side, and interior side yard areas, except as provided in this Title based on the linear feet of a subject property.

4.

At the street, avoid long expanses of uninterrupted fences and walls, including those fences between the side of the house and the interior property line, which are visible from the street. Use an opening, planter box, material change, pilasters, posts, or a three-foot stagger at least every twenty feet. When adjacent to the front corner of the house, the fence or wall shall be set back at least one foot behind the house so that the wall or fence is not in line with the front plane of the house.

5.

Provide an opening to fences and walls to connect walkways to the street—for pedestrians. These pedestrian "gateways" should be announced by pilasters, special landscaping, or other special features.

6.

A protective coating should be applied to all wood and iron fences.

F.

Drainage. Residential development should integrate water runoff best management practices into the site design consistent with National Pollution Discharge Elimination System (Clean Water Act) guidelines.

(Ord. 2839 § 19, 2004: Ord. 2838 § 19, 2004: Ord. 2786 Exh. A (part), 2001)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.92.040 - Architectural design guidelines. ¶

A.

Style. Single-family homes should reflect a style that characterizes or complements the predominant neighborhood style. In neighborhoods defined by a single architectural style, new homes should by built to reflect that style. Some commonly found styles in the city are listed below, along with their defining elements.

Craftsman. Heavy exposed beams and porch columns; full-width front porches; use of natural materials such as river stone and brick for base treatments; low-pitched roofs with wide eve overhangs; wood or stucco siding; darker earthtone exterior colors; double- or single-hung windows.

Craftsman Style

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2.

Mediterranean. Low-pitch, tile or flat roofs with parapet; arched windows and entries, sometimes recessed; trowelled stucco finish; cream or light earthtone color; front porches accented with decorative columns or pilasters; if two-story, upper windows smaller and less ornate than lower windows.

Mediterranean Style

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3.

Queen Anne Victorian. Asymmetrical design with off-set cutaway bay windows, front entry and wraparound porches; irregularly-shaped roofs with dominant front-facing gable; double- or single-hung windows; steeply-pitched roofs; patterned shingle-siding within gables and between stories; lap-siding; decorative spindlework and brackets; bright colors.

Queen Anne Victorian Style

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4.

Tudor. Steeply-pitched, usually side-gabled roof with prominent, front-facing cross-gable; decorative halftimbering; arched entry; tall, narrow windows; large chimneys with decorative chimney pots; variety of siding, including stucco, brick, wood or stone cladding.

5.

Ranch. Low-pitched, hipped roof with wood or wood-look shingles and wide eves; wide windows; variety of siding with base treatment, including stucco, lap, board-and-baton, brick or stone cladding.

B.

Scale and Massing. The scale and massing of the house should reflect the existing neighborhood pattern. At a minimum, the following guidelines should be implemented (note that exceptions to these requirements are permissible if the style of the house dictates otherwise):

1.

The front wall mass should be broken up into two or three planes, with one deep break of at least five feet. No required plane should be less than twenty-five percent of the length of the front wall.

2.

All street-facing wall planes should be proportionately fenestrated, including garage side walls and dormers.

3.

The roof design should follow the wall planes.

4.

The steepness of the roof pitch should follow the existing neighborhood pattern.

5.

Second stories should be set back at least ten feet from the front wall of the first story, and should comprise no more than eighty percent of the combined width of all front-facing walls.

6.

Front- or Side-Attached Garages.

a.

Street-facing garage doors should be no wider than nine feet, and should be separated from adjacent garage doors by a structural column no less than one foot wide.

b.

The third and subsequent street-facing garage doors should be set back an additional five feet each.

C.

Entries. Main front entries should be given prominent treatment, and should be oriented to address first the street, and then the on-site parking space. Main front entries should incorporate the following elements:

Front entry treatment

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1.

A proportionately-sized front porch, but in no case with dimensions less than eight feet by ten feet. At least fifty percent of the front porch should be covered, integrated with the roof design. The porch should be defined by a low wall or railing with balustrades no higher than four feet;

Proportionally sized front porch

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2.

Front door surround treatment, such as decorative trim appropriate to the style, a recess, or sidelights;

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Front door treatments

3.

A decoratively-paved walkway leading to the sidewalk;

4.

A decorative, shaded porch light appropriate to the architectural style.

Architectural Trim and Finish Materials.

The following elements should be incorporated into the design of the house, unless the style dictates otherwise:

1.

All windows, doors and garage doors should be trimmed or otherwise distinctly emphasized. Ways to accomplish this include a wood surround or stucco "pop-out", a recess, or a bay window design. Awnings may also be used, if appropriate to the style. The window trim color should be compatible with the colors used on the house.

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2.

A base treatment of at least four feet in height and incorporating at least a one-inch projection from the wall surface above. The base treatment should be of a darker color and/or material than the wall surface above, as appropriate to the style, and should incorporate a cap course or capping element.

3.

Attic vents should incorporate an integrated, decorative design appropriate to the style.

4.

Chimneys should be sided with natural stone, masonry or stucco, as is visually appropriate to their function.

5.

Pitched roofs should be shingled or tiled as appropriate to the architectural style of the house. Shingles should have a dimensional quality.

6.

Rain gutters and downspouts should be inconspicuously located and painted to match the building color.

7.

Architectural details and trim, including siding, should be applied to all sides of the dwelling.

8.

The wall and trim colors should be appropriate to the architectural style of the unit, as described above.

9.

Natural materials should always be used in place of manufactured materials and veneers.

10.

All finish materials should be of high quality.

Trim and finish materials

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In all cases, outside corner material changes are not permitted. Additionally, foam may not be used for trim or details except on upper stories.

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Corner material changes

E.

Additions and Accessory Buildings. Additions should be constructed as an integral part of the structure to which they are attached. Detached accessory buildings such as garages and guesthouses should reflect the architectural style of the primary building to which they relate by incorporating the following guidelines:

1.

The existing siding should be carried onto the addition or building.

2.

The windows should be of the same style as the main house, including opening mechanisms and trim.

3.

The existing roofline should be carried onto the addition. Shed-roof additions are not permitted, unless integral to the style of the house. For detached structures, the roof style should be the same as that of the main building.

4.

Overall proportion should be maintained.

5.

Alley lighting design should be consistent with the prevailing architectural style of the primary structure.

6.

Trash enclosure design should be consistent with the prevailing architectural style of the primary structure, if visible from public view.

Chapter 18.93 - MULTI-FAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS

18.93.010 - Purpose, goals, and applicability. ¶

A.

This chapter establishes citywide design standards for qualifying multi-family residential developments and mixed-use developments. These design standards are intended to provide for high-quality site planning and building design that fit contextually into the neighborhoods and districts where new development is proposed, and to ensure that such new development is designed and constructed in a manner that respects the scale and design approaches of any adjacent lower-intensity residential development.

B.

This chapter is intended to address the need for housing of all income levels by providing for nondiscretionary review of qualifying multi-family and mixed-use development projects that conform with the design standards established in this chapter.

C.

Multi-family residential development appears in a variety of forms throughout the city. The standards in this chapter distinguish between small developments (four units or fewer) and large developments (more than four units) but are intended to achieve the common goal of providing flexibility in the design of multi-family residential and mixed-use development that will:

1.

Create residential and mixed-use developments consisting of high-quality architecture and landscaped spaces and functional public and common open spaces; and

2.

Produce new developments with design compatibility within existing neighborhoods and districts, both in site planning and architectural design.

D.

Non-discretionary approval of qualifying developments that meet the following standards shall be completed by:

Measured Frontage Area. The area determined by distance from the farthest point of the lot line bounding the lot's frontage to a centerline measured by the midpoint of the lot's depth. A site may have a maximum

of two measured frontage areas: one primary and one secondary.

D.

Street Frontage Types.

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1.

Primary Street Frontage. The interface area between a building facade and the primary frontage street.

2.

Secondary Street Frontage. The interface area between a building facade and any secondary frontage street.

Building Typologies.

1.

Townhome. A residential development type consisting of three or more housing units constructed either as freestanding units or attached units in a linear orientation or repeating rows.

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Bungalow Court. A residential development type consisting of a clustered set of freestanding or connected units developed generally in a U shape around a common pedestrian courtyard that opens to a street.

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3.

Rose Walk. A residential development type consisting of free-standing single-unit structures or duplexes along a pedestrian pathway or common open space area that connects two public streets.

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4.

Multiplex. A detached structure that consists of five to twelve dwelling units arranged side-by-side and/or stacked, typically with a shared entry from the street. This type has the appearance of a medium-to-large single-unit house.

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Apartment Building. A residential building that has individual apartment units using a shared entry and shared parking facilities.

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G.

Architecture and Building Elements.

1.

Architectural Features. Unless an individual standard provides another list, architectural features shall include:

a.

Bay windows;

b.

Box windows;

c.

Dormers;

d.

Balcony;

e.

Balconette (Juliet balcony or railing);

f.

Projection of at least eighteen inches;

g.

Inset of at least eighteen inches.

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2.

Corner Building. A building located at the intersection of two streets, intersection of a street and a pedestrian paseo, or intersection of a street and public open space.

3.

Ground-level (dwelling) unit. A unit where at least two hundred square feet or thirty percent of the unit square footage, whichever is less, is located on the ground level.

4.

Prevailing. Unless otherwise described for an individual standard, prevailing means the described characteristic of over fifty percent of the described physical condition on the specified geography.

5.

Upper-level (dwelling) unit. A unit where at least seventy percent of the unit square footage is located above the ground level.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.93.040 - Site design.

A.

Building Siting.

1.

Small Projects. A small project can consist of one building containing all units, attached units on individual lots, or up to four detached buildings as a small-lot subdivision.

a.

Where the development consists of a single building, the primary building entrance shall be oriented toward the primary frontage.

b.

The units shall incorporate architectural features that help individually distinguish them, such as wall breaks, projections, distinct color schemes, and individual roof treatments.

c.

For corner lots, units shall front onto street side and front property lines. Buildings constructed on corner lots shall incorporate a well-defined architectural focal element addressing the corner. The corner element shall complement existing corner elements on other buildings adjacent to the intersection, in size, scale and composition, and shall be proportionate in size to the street intersection it addresses

d.

Units shall be staggered to avoid driveway corridor effect.

e.

Side-facing units shall face the most distant side property line from the unit.

f.

For projects with two or more buildings, primary building entrances may be oriented toward either the primary or secondary frontage. Orientation of entrances toward a common interior courtyard or garden shall only be permitted if the buildings are sited as follows:

i.

On lots with sixty feet or more feet of primary street frontage, an opening at least ten feet wide and ten feet high shall provide a view to the common interior courtyard or garden from the street. All fencing across the opening shall be partially open or perforated; fence or wall openings shall constitute a minimum of eighty percent of the screening surface and be evenly distributed throughout the fencing or wall. Gates, fences, and landscaping across the opening or leading to the common courtyard or garden shall not exceed six feet in height.

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ii.

On lots with less than sixty feet of primary street frontage, at least one of the units shall have a primary entrance oriented toward the primary frontage.

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g.

Where units share a common driveway, and whether the units are connected or separated, the façade area of each unit facing the driveway shall be offset from each other by at least five feet to create a staggered effect.

2.

Large Projects. A large project can consist of one building containing all units, a series of related buildings with each containing multiple units, attached units on individual lots, or detached buildings as a small-lot subdivision.

a.

For projects with multiple buildings, a primary and secondary building(s) shall be provided, except for the following cases:

i.

Small-lot subdivisions, bungalow court, attached townhomes, and rose walk typologies.

ii.

Where each building has the same design and same approximate number of units (within ten), buildings are permitted to be within five percent in square footage of each other and allow for change in orientation of individual buildings.

iii.

Adaptive reuse of existing building(s).

b.

Primary building entrances shall be oriented toward the adjacent street frontages. Orientation of entrances toward a common interior courtyard or garden shall only be permitted if the buildings are sited as follows:

The primary street frontage shall include at least one of the following elements:

i.

A common interior courtyard or garden along the ground-floor primary frontage that is interior to the project but visible from the adjacent primary street frontage via a minimum ten-foot-wide opening. All fencing across the opening shall be partially open or perforated; fence or wall openings shall constitute a minimum of eighty percent of the screening surface and be evenly distributed throughout the fencing or wall. Gates, fences, and landscaping across the opening or leading to the common courtyard or garden shall not exceed six feet in height. Such an opening shall be provided for every two hundred feet of horizontal length of building frontage.

ii.

Public seating that provides a minimum of ten linear feet of sittable surface area or five individual seating units such as chairs for every two hundred feet of street frontage.

b.

Building(s) shall constitute a combined total of at least seventy percent of the horizontal frontage along the primary street frontage and built to the setback line, except for the opening required in (a) above or providing a point of entry and/or exit for vehicles.

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c.

For mixed-use projects, at least fifteen percent or fifty feet, whichever is greater, of linear distance along the primary street frontage shall be set back at least an additional fifteen feet from the required setback line to accommodate the following elements to be selected by the applicant/developer:

Pedestrian plaza;

ii.

Outdoor café/restaurant seating;

iii.

Building lobby entrance;

iv.

Outdoor retail merchandise area, where permitted by the underlying zoning district.

3.

d.

If the development has access to an alley, at least one vehicle entrance/exit shall be accessed from the alley.

e.

All driveways shall incorporate an enhanced paving strip consisting of unit pavers or textured/scored concrete at the entrance and at least one hundred-foot intervals thereafter, of at least ten feet in width.

2.

Small Projects.

a.

Clustered parking and service areas shall be accessed by a driveway with a maximum width of ten feet.

Garages shall be prohibited from facing a primary street frontage unless set back at least ten feet behind the primary structure relative to the primary street frontage.

c.

On corner lots, garages shall not face the primary street frontage. Garages on corner lots without alleys may front onto the side street only if provided with one-car garage doors, and with driveways no more than ten feet wide that are separated by planting areas at least two feet wide.

d.

Any one garage structure shall be limited in size to contain a maximum of four cars.

e.

Any garage door should be recessed at least two feet into the wall of the unit in which it is located.

f.

The garage wall or door shall not constitute greater than forty percent of the front or side wall of any unit.

3.

Large Projects.

a.

The ground floor of podium parking facilities located along a primary street frontage shall be screened for at least eighty percent of the length with commercial/retail, residential, office, or community uses (such as a gym or meeting space for the residential tenants).

b.

Upper-floor podium parking facilities located along a primary street frontage shall be screened for the entire length of each level using the following methods, individually or together:

i.

Wrapped with residential uses or other programmed building area to a minimum depth of eighteen feet, measured from the outer wall of the façade;

ii.

Green landscape wall;

iii.

Ornamental metal grating that is at least seventy-five percent opaque;

iv.

Solar panel wall.

c.

Parking structures shall be designed to incorporate the following:

1.

For lots with primary street frontage of one hundred feet or less, only one point of ingress/egress shall be permitted along that frontage.

2.

For lots with primary street frontage of more than one hundred feet, the number of ingress/egress points shall be as established by Public Works' standards for distance between curb cuts.

3.

No portion of a parking structure, other than points of ingress/egress, shall front a primary street frontage.

4.

Parking structures shall not have any blank walls. Walls shall be designed to have one or more of the following:

i.

Green landscape wall.

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ii.

Ornamental metal grating that is at least seventy-five percent opaque.

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iii.

Noncommercial mural.

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iv.

At least two facing materials that match those of the associated primary building(s).

d.

Any garage door shall be recessed at least two feet into the wall of the unit in which it is located.

e.

The combined width of garage doors shall not constitute greater than forty percent of the front or side wall of any unit in which they are located.

f.

Driveways that access surface parking lots shall be delineated using at least one of the following treatments:

i.

A pergola that uses the same architectural style of the buildings.

ii.

Ground-mounted signage identifying the development, consistent with the requirements of this Title 18, Division II (Signs).

iii.

A landscaped driveway divider of a minimum width of four feet, enclosed within a curbed area.

F.

Mixed Use—Additional Standards. The following standards apply only to mixed-use buildings, in addition to all other standards in this Chapter and the underlying zoning district. In the event of conflict between the following mixed-use specific standards and other standards for mixed-use projects, the following standards shall apply.

1.

Mixed-Use Site Planning.

a.

Mixed-use projects shall be constructed in one of the following configurations:

i.

Vertical Mixed Use, with commercial and/or office uses located on the ground level of street frontages and allowed on the second level and above, with residential uses on floors above the commercial and/or office uses.

ii.

Horizontal Mixed Use, with commercial and/or office uses exclusive to one or more structures located largely, but not exclusively, along the primary and/or secondary frontage and residential uses located within separate buildings. Horizontal mixed-use buildings can have adjoining walls.

2. Access.

a.

Within a vertical mixed-use structure, pedestrian access to residential uses shall have a separate entrance from entries to the commercial and/or office uses.

b.

There shall be at least one pedestrian access to residential uses located along a primary frontage.

3.

Parking.

a.

For new developments, designated parking for residences shall be separated from commercial/office parking through at least one of the approaches listed below. Approaches for separating parking areas include:

i.

Separate entrances;

ii.

Separate levels;

iii.

Gated access to residential parking areas.

b.

Surface parking lots for commercial and office uses shall be centrally located between groupings of commercial structures.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.93.050 - Building design.

Massing and Scale.

1.

Small Projects.

a.

The wall mass of each building face along a primary or secondary street shall be divided into two or three vertical planes, with one deep break of at least three feet used to define each plane.

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b.

Building face(s) along primary and secondary frontages, mid-block pedestrian paseos, or other public spaces shall provide at least one of the following elements:

i.

Bay windows or projected windows of at least one foot of depth;

ii.

Porch with a minimum depth of four feet;

iii.

Stoop with a minimum depth of four feet.

2.

Large Projects.

a.

Where a large project is proposed adjacent to a single-family zoning district, the first thirty-five feet in building height may be built to the minimum setback line for the side and rear yards. For every ten feet in building height above thirty-five feet, the building shall be stepped back an additional five feet from the setback line to the maximum height permitted by the applicable zoning district.

a large project is proposed adjacent to a single-family zoning district, the first thirty-five feet in building height may be built to the minimum setback line for the side and rear yards. For every ten feet in building height above thirty-five feet, the building shall be stepped back an additional five feet from the setback line to the maximum height permitted by the applicable zoning district.

==> picture [336 x 223] intentionally omitted <==

Buildings shall be vertically divided into three sections: the base, body, and top. The maximum size of the base and top sections is one level, meaning the ground floor for the base and uppermost story for the top. Base and top sections can be less than a full level and for the top, can consist of a roof edge treatment that defines the top section.

c.

The vertical division of sections shall be provided through at least one of the following approaches for each of the base, body, and top sections or at least three total approaches from any section:

==> picture [360 x 200] intentionally omitted <==

i.

Base.

Utilize a material different than that of building faces on upper floors

2)

Include at least eighty percent glazing along the ground floor along primary and secondary frontages

3)

Utilize columns, with bases and capitals, or arcade to support canopy roof or horizontal articulation element (e.g., frieze or architrave)

ii.

Body.

1)

Step back or step forward between three and ten feet (step forward to be supported by columns or arcade)

2)

Project as a cantilever up to five feet, from wall plane of building base

3)

Use the following architectural elements only in the middle section: balcony, bay and/or box windows, insets and projections, planter boxes

iii.

Top.

1)

Building cornice and parapet wall;

2)

Landscape elements from a green roof form a continuous line along the building face or drape over the building;

3)

A unique material and/or color for the top section, with the base and middle sections utilizing the same materials and colors (maybe different shades) between the two.

B.

Façade Articulation.

Small Projects. Building elevations abutting side yards shall be designed to provide at least one horizontal plane break of at least three feet and at least one vertical break.

2.

Large Projects.

a.

No building wall plane shall extend more than twenty-five feet along primary or secondary street frontage without some form of articulation.

b.

Buildings shall include at least two features, shapes, or forms that creates depth of at least two feet in building articulation from the following list:

i.

Architectural projections between vertical sections (base and body, body and top) or such as roof overhangs.

ii.

Box or bay windows.

iii.

Balconies.

iv.

Cantilevers.

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Entries.

Small Projects.

a.

Primary entries shall include at least one of the following fenestration elements:

i.

Windows within the door;

ii.

Transom window;

iii.

Sidelight window;

iv.

Portico/awning.

b.

Ground-floor units shall incorporate at least one of the following elements at front entrances:

Front porches;

ii.

Stoops;

iii.

Recessed entry of at least two feet;

iv.

Forecourt.

2.

Large Projects.

a.

A primary building entry shall be provided along the primary street frontage that is at least ten percent larger than other entry points and includes at least one architectural detail not incorporated into other

entries.

b.

The primary entry shall provide access to an interior common lobby or internal common courtyard.

Corner Articulation.

1.

Small Projects. The two building faces that meet to create a corner at a street intersection shall incorporate at least two of the following features:

a.

Building height changes of at least five vertical feet;

b.

Decorative element at least ten feet taller than the roof line;

c.

Curved or angled corner;

d.

Paseo from corner to interior courtyard;

e.

Unique material at least fifteen feet along each intersection side for the entire height of the building ending at a logical architectural element

2.

Large Projects. The two building faces that meet to create a corner at a street intersection shall incorporate at least three of the following features:

a.

Building height changes of at least ten vertical feet;

b.

Building entrance facing the corner;

c.

Small plaza created by increased ground-level setbacks or corner cuts at intersection(s) of primary and secondary street(s);

d.

Decorative element at least ten feet taller than the roof line;

Curved or angled corner;

f.

Paseo from corner to interior courtyard;

g.

Covered pedestrian plaza;

h.

Unique material at least twenty-five linear feet along each intersection side for the entire height of the building ending at a logical architectural element;

i.

Iconic noncommercial signage element of at least one hundred square feet.

E.

Mixed-Use Buildings with Ground-Floor Retail/Commercial Use.

1.

Ground-floor ceiling heights in mixed-use buildings shall be at least twelve feet, measured from the top of the floor to the ceiling of the next level.

2.

Ground-floor elevations for commercial uses shall be designed to be opaque not more than two feet above the sidewalk grade at the primary frontage.

3.

Entries to ground-floor commercial uses shall have direct at-grade access from the sidewalk.

4.

Entries to ground-floor commercial spaces shall be inset at least thirty-six inches from the building face along all frontages.

The street-level façade of a mixed-use building shall have a minimum transparency of seventy percent between a height of two feet and twelve feet, measured parallel above the sidewalk grade.

F. Mixed-Use Buildings Ground-Floor Residential Use.

1.

Ground-floor residential uses within attached residential and mixed-use developments shall be designed to provide a grade change of at least two feet from the public sidewalk to the first-floor residence.

==> picture [360 x 145] intentionally omitted <==

2.

Live/work units on the ground floor, where permitted by the applicable zoning district, shall have a front entrance that is a minimum of a double door in width. Any entrance wider than six feet shall be bifold door or roll-up garage door; the maximum width of the front entrance shall be twelve feet.

Roof Forms.

1.

Allowed Roof Forms. Projects shall incorporate at least two different roof forms from the following list: gable, box gable, Dutch gable, jerkinhead, gambrel, mansard, saltbox, hipped, shed, flat, butterfly, and gazebo.

==> picture [336 x 145] intentionally omitted <==

==> picture [336 x 150] intentionally omitted <==

Small Project.

a.

Dormers which utilize an alternative roof form shall count toward the requirement of at least two different roof forms. If utilized, dormers shall be designed and constructed to cover a minimum of twenty square feet.

b.

If units are organized side by side, there shall be an individual roof form for adjacent units as viewed from the primary frontage. Individual roof articulation can include, but are not limited to:

i.

Individual instances of the same roof form (e.g., a repeated gable roof);

ii.

Different roof forms;

iii.

Different roof pitches of the same form.

c.

Flat roofs must include at least two of the following: profiled caps, cornice edges, or parapets at least two feet in height.

d.

At least one of the following roof features shall in be used along all frontages: projections, gables, usable dormers, and brows, except when following the roof form of a qualifying architectural style.

Large Project. The use of the same roof form for at least three levels is permitted to replace the requirement for at least two different roof forms.

a.

Dormers that utilize an alternative roof form shall count toward this requirement. If utilized, dormers shall be designed and constructed to cover a minimum of twenty square feet of enclosed interior area.

b.

Rooflines shall be vertically articulated by at least one of the following along all street frontages by the following architectural elements: parapets, varying cornices, reveals, or clerestory windows.

c.

Rooflines along each street frontage shall have a change in height or roof form.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.93.060 - Architectural Style and Materials.

Architectural Style.

1.

Only one architectural style per building shall be used.

2.

New buildings do not need to match the architectural style of an existing building on the site.

3.

Small and large projects can use a qualifying architectural style from A Field Guide to American Houses: the definitive guide to identifying and understanding America's domestic architecture by Virginia Savage McAlester, the City of Whittier Uptown Specific Plan, or other guides the Planning Division may make available to guide building and architectural design. The building must follow the design standards for the selected architectural style incorporating the following elements at a minimum, as well as all the required building and architectural elements of the chosen style:

ecture by Virginia Savage McAlester, the City of Whittier Uptown Specific Plan, or other guides the Planning Division may make available to guide building and architectural design. The building must follow the design standards for the selected architectural style incorporating the following elements at a minimum, as well as all the required building and architectural elements of the chosen style:

a.

Massing/scale/proportions;

b.

Materials (all elements);

Roof;

d.

Windows;

e.

Entrances;

f.

Architectural detailing/fenestration.

4.

Architectural styles for small and large projects shall be based on the building typology. Approved architectural styles for building typologies is based on Table18.93.060-A.

Table 18.93.060-A: Allowable Architectural Style by Building Type

Table 18.93.060-A: Allowable Architectural Style by Building Type	Table 18.93.060-A: Allowable Architectural Style by Building Type	Table 18.93.060-A: Allowable Architectural Style by Building Type	Table 18.93.060-A: Allowable Architectural Style by Building Type	Table 18.93.060-A: Allowable Architectural Style by Building Type	Table 18.93.060-A: Allowable Architectural Style by Building Type	Table 18.93.060-A: Allowable Architectural Style by Building Type	Table 18.93.060-A: Allowable Architectural Style by Building Type	Table 18.93.060-A: Allowable Architectural Style by Building Type
Architectural Style			Mediterranean	Craftsman	Victorian	Main Street	Art Deco	Contemporary
Project Size		Building Type
N/A	Small Projects	Accessory Dwelling	Y	Y	Y	—	—	—
N/A		Duplex, Triplex, Quadplex	Y	Y	Y	—	—	—
Large Projects		Rose Walk	Y	Y	Y	—	—	Y
		Bungalow Court	Y	Y	Y	—	—	Y
		Small-Lot Subdivision	Y	Y		Y	Y	Y
		Rowhouse	Y	Y	Y	—	—	Y
		Live/Work	Y	Y	Y	Y	Y	Y
		Courtyard Housing	Y	Y	—		Y	Y
	N/A	Commercial Block	Y	—	—	Y	Y	Y
	N/A	Linear	Y	—	—	Y	Y	Y

B.

Exterior Elements and Finishes. Buildings shall carry the same theme on all elevations. A theme includes primary (non-accent) material(s) and color(s).

C.

Windows, Doors, and Entries.

1.

If using a qualifying architectural style, the building must include all windows, doors, and entries defining the architecture and all must follow guidelines of the chosen style.

2.

Windows shall not be flush with the exterior wall surface unless characteristic of a qualifying architectural style. Window glass shall be recessed from the exterior wall surface. Wainscoting and reveals can also be used to enhance the appearance of deep-set windows.

3.

Unless following guidelines of a qualifying architectural style, at least two different window designs and proportions shall be used to add architectural interest to the building. Window designs can help differentiate the various components of the building (e.g., ground floor lobbies, stair towers, corners, office suites, or residential units).

4.

Unless following guidelines of a qualifying architectural style, all windows must include window frames, sills, and/or recesses to add visual interest and reinforce the building design.

5.

Exterior facing utility rooms and exit corridors shall have decorative doors that are integrated into the design of the adjacent street wall.

6.

Loading dock doors shall provide full screening of the interior loading dock area and use such materials as translucent glass or decorative metal appropriate to the architectural style of the building.

D.

Materials and Colors.

High-quality, weather-resistant, and low-maintenance architectural materials and finishes shall be used throughout the exterior and public interior spaces of the buildings. Acceptable materials include these listed below:

Brick;

Concrete;

Stone;

Stucco;

Tile;

Glass;

Rammed earth;

Shingle sidings;

Fiber cement board;

Other materials based upon design guidelines for qualifying architectural styles.

The building base shall be clad in generally nonporous, hard materials such as stone, tile, metal, brick, and concrete.

In addition to the primary exterior material at the ground level, at least one secondary material shall be used to add texture, color, and visual interest at the pedestrian level, unless it conflicts with the guidelines of the selected qualifying architectural style.

4.

The following materials are prohibited on building exteriors:

a.

Exterior foam molding;

b.

Corrugated metal;

c.

Vinyl siding;

d.

Plywood;

e.

Exterior insulation finishing system (EIFS).

5.

Colors and materials shall be consistent along all building faces.

6.

The building base's materials shall extend to within at least one inch of finished sidewalk grade, and these materials shall wrap corners of exposed interior property line walls a minimum of five to ten feet ending at a logical architectural element.

7.

Affordable units and market rate units in the same development shall be constructed of the same exterior materials and details such that the units are not distinguishable one from another.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.93.070 - Sustainable design. ¶

A.

Passive Energy. South-facing windows shall provide shading technique(s) to limit all direct sunlight during summer months but allow direct light during winter and spring months, which could include vertical

louvers, overhangs, or similar techniques.

B.

Solar. Plumbing and other appurtenant equipment for roof-top solar power collection devices shall be installed in the attic, flush mounted, or ground mounted. Appurtenant equipment, plumbing, and related solar energy fixtures shall comply with the setback requirements of the zone in which they are located and shall be screened from public view.

C.

Water. Large projects shall incorporate rainwater harvesting for at least fifty percent of non-porous surfaces, including building rooftops and parking areas.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.93.080 - Open space and landscaping.

A.

Open Space.

All Projects.

a.

Private ground-level open space shall be enclosed by fencing, garden walls, garage walls, and/or the walls of the unit the open space is intended to serve.

b.

Above-ground balconies and decks shall be set back at least ten feet from any interior property line.

c.

Rooftop gardens and passive seating areas may be credited toward required open space for the zoning district in which the project is located.

d.

Shading shall be provided for at least twenty-five percent of any playground and public gathering spaces. Shading options include evergreen shade trees that are of a minimum twenty-four-inch box size at planting, shade structures, sails, and canopies.

e.

Common open space shall be required for all developments. Each lot shall maintain at least two hundred square feet of common open space per unit, located within reasonable proximity of most of the units. Private open space shall not be less than eight feet in any dimension and shall have a minimum area of not

less than one hundred square feet except for balconies, which shall have a minimum dimension of six feet by ten feet. No mechanical equipment shall be allowed to encroach into the required open space area.

f.

Required common and private open space shall not include required setback areas

2.

Small Projects.

a.

Each dwelling shall have a private or semi-private required yard or open space area of at least one hundred fifty square feet.

b.

Ground-level open space shall be located adjacent to required side and rear yards to maximize the useable area.

Large Projects.

a.

Dwelling units shall have a private open space of at least one hundred fifty square feet, with no side less than six feet in length.

b.

An interconnected path system shall be provided to connect units to common open space areas.

Landscaping.

1.

Small Projects. At least one large tree of minimum twenty-four-inch box size at planting and with a height at and spread at maturity of least twenty-five feet shall be provided for each unit on the property.

2.

Large Projects. One tree shall be provided for at least every ten units, with the tree, at planting, being at least twenty-four-inch box size.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Solid waste, recyclable materials, and green waste collection and disposal areas shall be within a building or contained within an enclosure that on three sides consists of a minimum six-foot-high decorative block wall, with cap. The fourth side for access shall consist of a solid decorative metal gate. A roof shall be provided to prevent precipitation from entering the enclosure.

2.

The siting of exterior waste collection and disposal areas shall consider locational relationships to adjacent residential uses and shall minimize exposure of adjacent residential properties to associated noise and odors.

3.

Driveways or aisles shall provide unobstructed access for collection vehicles and personnel with at least the minimum clearance required by the collection methods and vehicles utilized by the designated

collector.

F.

Lighting. The following shall apply to all on-site exterior lighting fixtures.

1.

If a qualifying architectural style is used, light fixtures shall adhere to the chosen style.

2.

All exterior lighting fixtures shall be designed and shielded to avoid direct glare onto adjacent properties.

3.

Shielding shall match the style of the lighting fixtures.

4.

Required security lighting fixtures shall not be substituted for parking lot or walkway lighting fixtures.

5.

No portion of a lighting fixture shall be mounted above the building façade or above the roof of the building.

6.

All lighting shall include top covers to direct light down and contribute to dark night skies, unless it is landscape up lighting. Building facade uplighting, roof "wash" lighting, and landscape uplighting should be operated on timers that turn off illumination entirely after 12:00 a.m. nightly.

G.

Signs. The provisions of the applicable zoning district shall apply.

H.

Walls and Fences.

1.

Wall openings, material change, or design elements should be used to break up long expanses of uninterrupted fences and walls. Wall expanses should be broken at a minimum of every forty feet. Support piers, pilaster or posts can be emphasized at regular intervals.

2.

Walls must include a cap and base treatment. A distinctive cap of different width, material or texture should occur within the top eight feet.

Exposed block walls may be constructed using a combination of varied-height block courses and/or varied block face colors and textures (e.g., a combination of split-face and precision-face blocks).

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.93.100 - Crime prevention through environmental design. ¶

A.

Purpose. This Section establishes design standards intended to integrate defensible space into site planning and building design and thereby deter crime and create safe living environments. These standards are based on the principles of crime prevention through environmental design (CPTED).

B.

Applicability. These CPTED standards shall apply to all projects. These standards are in addition to any standards related to the design of parking areas, outdoor lighting, fencing, and screening.

Standards.

1.

Common building entrances for residential developments shall lock upon closing.

2.

No more than two points of entry may be provided to common areas within a building.

3.

Building entrances shall be visible from adjacent streets or buildings.

4.

Common mailbox areas shall be provided with night-time security lighting with a minimum one-foot-candle of light.

5.

Elevators and stairwells shall be in locations that are clearly visible from entrances and are well lit.

6.

Playgrounds and common open space areas shall be located to be visible from at least four residential units.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.93.110 - Adaptive reuse. ¶

E.

Other Features. The following existing building signage shall be preserved unless deemed to be unsafe. Signs can be removed during construction or for restoration but must be reinstalled on the same building façade.

Signs, plaques, and similar features that indicate the original name and/or original date of completion for building.

2.

Building or tenant signs of at least twenty square feet fixed to the façade of the building.

3.

Truss structure for a building or tenant sign on the building roof.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.94 - MULTI-FAMILY RESIDENTIAL DESIGN GUIDELINES

18.94.010 - Design goals. ¶

Multi-family residential development appears in a variety of forms throughout the city. Although many of the design guidelines for single-family residential apply, multi-family projects offer a wide range of issues and opportunities unique to themselves. Multi-family developments, if not properly designed, can dominate their surroundings, increase neighborhood parking and circulation problems, and decrease common and private open space. The guidelines distinguish between small projects (two to four units), and large developments (five or more units), but present common goals that encourage the highest level of design quality while allowing maximum flexibility in the design of multi-family residential development that will:

A.

Create livable neighborhoods and residential areas as well as safe and attractive streets by encouraging high-quality architecture, landscape, design and open space; and

B.

Emphasize design compatibility within existing neighborhoods, both in site planning and architectural design.

(Ord. 2786 Exh. A (part), 2001)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.94.020 - Design objectives. ¶

The design of multi-family residential development projects in the city should:

A.

Respect the scale, proportion and character of the surrounding area;

B.

Provide pedestrian-friendly design solutions to adverse traffic patterns;

C.

Establish attractive, inviting, imaginative and functional site design;

D.

Provide adequate open space, parking and privacy;

E.

Create visual interest and variety;

F.

Maintain a sense of harmony and proportion along street frontages and other portions of the project exposed to public view;

G.

Preserve and incorporate natural amenities unique to the site such as hillside views, topography, and mature trees; and

H.

Preserve and incorporate historically, culturally, or architecturally significant building into the project development proposal.

(Ord. 2786 Exh. A (part), 2001)

18.94.030 - Site design guidelines. ¶

A.

Grading. Grading should be minimized where possible to preserve the natural character of the land. When grading is unavoidable, incorporate the following guidelines:

1.

Follow the natural contours as much as possible.

2.

Slopes should be rounded and contoured to blend with the existing terrain.

3.

Emphasize and accentuate scenic vistas.

4.

Avoid large, manufactured slopes in favor of several smaller slopes.

Retain and incorporate significant natural vegetation into the project.

6.

When grading is unavoidable, minimize raising the grade significantly above the grade of adjacent properties, especially near interior property lines. When such grading is unavoidable, compensate by planning for reduced building heights within the raised grades.

7.

Implement slope-stabilizing landscaping and irrigation on manufactured slopes.

B.

Compatibility. New units should be built in scale with the existing neighborhood. Therefore, in addition to the minimum code requirements for yards, height, lot coverage and floor area; the predominant setback, yards, size and height of the existing neighborhood should be considered in determining the overall size and situation of the buildings.

1.

The arrangement of structures, circulation and open spaces should recognize the particular characteristics of the site.

2.

Project design should relate to the surrounding built environment in pattern, function, scale, character and materials.

3.

Infill structures and new projects should meet or exceed the standards of quality which have been set by surrounding development.

4.

Structures that are distinctive due to their age, cultural significance, or unique architectural style should be preserved and incorporated in the project proposal.

5.

Residential units should be buffered from incompatible development through increased setbacks, intensified landscaping, and appropriate building orientation.

C.

Building Siting.

Primary Building.

a.

Two to Four Units. Multi-family development projects consisting of two to four units should be designed to appear single-family in character. Ways to achieve this at the site plan level include:

i.

The front-most units should be oriented to face the street and incorporate single-family home features, including a prominent entry, a front porch of proportionate size and a second-floor setback of at least ten feet.

ii.

The units should incorporate architectural features that help individually distinguish them, such as wall breaks, projections, distinct color schemes and individual roof treatments.

iii.

i.

Alley access is required where available and where feasible to accommodate the number of vehicle trips expected. Garages and carports should face onto the alley and be located no further from the alley than is required for adequate vehicle access.

ii.

The garage door should be recessed at least two feet into the wall of the unit in which it is located.

iii.

The combined width of garage doors should not constitute greater than seventy percent of the front or side wall of any unit in which they are located.

iv.

Garages and carports should not be located along street property lines.

D.

Driveways and Guest Parking Areas.

1.

Five or More Units.

a.

Main driveways should incorporate no more than one lane in each direction, separated by a four-foot-wide net, curbed, planted divider within the required street setback area.

b.

Guest parking facilities may be located directly off the main driveway, outside the required street setback area, provided they are screened from view from the street by a forty-two-inch-high wall. Guest parking facilities should be shaded by a wood or wire trellis structure planted with appropriate landscaping.

c.

All driveways should incorporate an enhanced paving strip consisting of unit pavers or textured/scored concrete at the entrance and at one hundred foot-intervals thereafter, of at least ten feet in width.

2.

Design guidelines for attached and detached garages, as well as accessory structures, are found later in this document.

E.

Setback. The structures should be set back from the front property line either the distance required by the zoning code or the average of existing setbacks on the street, whichever is greater.

F.

Open Space.

1.

Two to Four Units.

a.

All open space should be fenced for the private use of the occupants of the unit it is intended to serve.

b.

Ground-level open space should be bounded only by garden walls, garage walls, and/or the walls of the unit the open space is intended to serve.

c.

Ground-level open space should be located adjacent to required side and rear yards to maximize their useable area.

d.

Above-ground open space (i.e., decks and balconies) should be set back at least ten feet from interior property lines.

e.

Required common and private open space shall not include required setback areas

f.

Private open space shall not be less than eight feet in any dimension and shall have a minimum area of not less than one hundred square feet except for balconies, which shall have a minimum dimension of six feet by ten feet.

2.

Five or More Units.

a.

Common open spaces should be connected and coordinated with public landscape and hardscape improvements, where existing. Common open space should be enhanced with paths, plazas, gardens, benches, shade structure, or water elements. These improvements should be consistent with the architectural style of the building. Open space amenities may include a barbecue, tot lot, dog play area, dog bathing station or other resident serving features.

b.

All private open space should be fenced for the private use of the occupants of the unit it is intended to serve.

c.

Ground-level private open space should be bounded only by garden walls, garage walls and/or the walls of the unit the open space is intended to serve.

d.

Ground-level private open space should be located adjacent to required side and rear yards to maximize their useable area.

e.

Above-ground private open space (i.e., decks and balconies) should be set back at least ten feet from interior property lines.

f.

An interconnected path system should be provided and should be integrated with the public sidewalk, where available. The path system should serve the guest parking areas.

g.

Mechanical equipment should not be placed within the private open space.

h.

Required common and private open space shall not include required setback areas

Walls along interior property lines, within the front yard, should be stepped down at least two times and each step should be marked by a column, that is wider than the wall.

2.

Provide an opening to fences and walls to connect walkways to the street. These pedestrian "gateways" should be announced by pilasters, special landscaping, or other special features.

J.

Drainage. Residential development should integrate water runoff best management practices consistent with the National Pollution Discharge Elimination System (NPDES) into the site design.

(Ord. 2839 § 20, 2004: Ord. 2838 § 20, 2004: Ord. 2786 Exh. A (part), 2001)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.94.040 - Architectural design guidelines.

A.

Two to Four Units.

1.

The architectural style chosen should reflect a design that characterizes or complements the predominant neighborhood pattern, and which is characteristic of single-family homes.

2.

In neighborhoods defined by a single architectural style, new units should be built to reflect that style.

3.

The architectural style should be consistent across all units, however, each unit should have a distinct color scheme, as well as a unique exterior design based on a consistent style.

B.

Five or More Units.

1.

The architectural style chosen should reflect a design that characterizes or complements the predominant neighborhood pattern.

2.

The architectural style should be consistent or compatible across all unit, however, variation in color schemes and design details should be evident.

3.

Some commonly found styles in the city are described below, along with their defining elements.

b.

c.

Queen Anne Victorian. Asymmetrical design with off-set cutaway bay windows; front entry and wraparound porches; irregularly-shaped roofs with dominant front-facing gable; double- or single-hung windows; steeply-pitched roofs; patterned shingle-siding within gables and between stories; lap-siding; decorative spindlework and brackets; bright colors;

d.

e.

Ranch. Low-pitched, hipped roof with wood or wood-look shingles and wide eves; wide windows; variety of siding with base treatment, including stucco, lap, board-and-baton, brick or stone cladding.

C.

Scale and Massing.

1.

Two to Four Units. The scale and massing of the house should reflect the existing neighborhood pattern. At a minimum, the following guidelines should be implemented (note that exceptions to these requirements are permissible, if the style of the house dictates otherwise):

a.

The front wall mass of each unit should be broken up into two or three planes, with one deep break of at least three feet. No required plane should be less than twenty-five percent of the length of the front wall.

b.

All front, rear, and interior facing wall planes should be proportionately fenestrated, including garage side walls and dormers.

The roof design should follow the wall planes.

d.

The steepness of the roof pitch should follow the existing neighborhood pattern.

e.

Second stories should be set back at least five feet from the front wall of the first story and should comprise no more than eighty percent of the combined width of all front walls.

Attached Garages:

i.

Street-facing, single garage doors should be no wider than nine feet and should be separated from adjacent garage doors by a structural column no less than one foot wide.

ii.

Garage doors should be located singularly or in pairs.

iii.

Front or side-facing pairs of garage doors should not be located closer than ten feet to each other.

2.

Five or More Units. At a minimum, the following guidelines should be implemented. Exceptions to these requirements are permissible, if the architectural style dictates otherwise.

a.

Attached units should incorporate plan elements which provide distinction to individual units or small groups of units, such as wall breaks, projections, individual roof treatments, porches and decks.

b.

The front wall mass of each unit should be broken up into two or three planes, with a break depth of at least three feet. No required plane should be less than twenty-five percent of the length of the front wall.

c.

Street-facing buildings should incorporate one architectural focal element for every one hundred feet of individual building length, such as a tall projecting gable element. Avoid spacing focal points at regular intervals. Instead, create a distinct appearance by locating elements asymmetrically, side by side, at varying heights, or near a corner element for added corner emphasis.

Street-facing units should incorporate a deep wall break or setback for each one hundred feet of combined building length. The overall length of the breaks/setbacks should be at least forty percent of the total combined length of the street-facing buildings. The depth of the breaks or setbacks should be at least ten percent for each one hundred feet of the combined building lengths.

e.

Units adjacent to property lines should incorporate a third-floor setback of at least ten feet from lower-story walls facing the property line. Units adjacent to pedestrian paths and common open spaces should incorporate a third-floor setback of at least five feet from the wall facing the path or common open space.

f.

All front, rear and interior facing wall planes should be proportionately fenestrated, including garage side walls and dormers.

g.

The roof design should follow the wall planes.

h.

The steepness of the roof pitch should be consistent with the architectural style.

3.

Garages.

a.

For multiple-car garages, no single garage door should exceed nine feet in width and intervening posts should be at least one foot in width.

b.

Garage and carport structures should be limited to accommodating eight to twelve cars, in order to maintain proportion with the dwelling unit buildings.

c.

Integrate substantial design elements (i.e., columns, beams, roof design) into carport structures to convey a more permanent concept. Prefabricated metal carports are not permitted.

D.

Entries and Windows.

1.

Two to Four Units. Main entries should be given prominent treatment and should be oriented to address the street or the side property line furthest from the front of the unit. Main entries should incorporate the

following elements:

a.

A proportionately-sized front porch, but in no case with dimensions less than six feet by eight feet. At least fifty percent of the front porch should be covered and integrated with the roof design. The porch should be defined by a low wall or railing with balustrades no higher than four feet. The porch size may be modified based on the architectural style.

b.

Front door surround treatment, such as decorative trim appropriate to the style, a recess, or sidelights.

c.

A decoratively-paved walkway leading to the sidewalk.

d.

A decorative, shaded porch light appropriate to the architectural style.

e.

Windows should be arranged to avoid direct views into the windows of neighboring units.

f.

Windows should not be placed in the path of vehicle headlights.

2.

Five or More Units. Main entries should be given prominent treatment, by incorporating the following elements:

a.

A proportionately sized front porch, but in no case with dimensions less than six feet by eight feet. At least fifty percent of the front porch should be covered, integrated with the roof design. The porch should be defined by a low wall or railing with balustrades no higher than four feet. The porch size may be modified based on the architectural style.

b

For higher-density projects, an enclosed landing or stoop is acceptable in lieu of a porch, with minimum dimensions of six feet by eight feet, and with a path or stairs leading down to the sidewalk.

c.

Front door surround treatment, including a cover for weather protection, utilizing decorative trim appropriate to the style, a recess, or sidelights.

d.

A decoratively-paved walkway leading to the sidewalk.

e.

A decorative, shaded porch light appropriate to the architectural style.

f.

Windows should be arranged to avoid direct views into the windows of neighboring units.

g.

Windows should not be placed in the path of vehicle headlights.

3.

General Comments. A change in grade from street level to the entrance is recommended to protect the privacy of residential units. The privacy threshold may be further increased by using landscaped slopes or changes in grade, low walls, or gates to separate private front yards from the public sidewalk.

a.

Stoops, open porches, and entrance vestibules should face the street at varied intervals which correspond to the vertical modules of attached building units. These should be wide enough for people to sit on and make entries inviting.

b.

At least two of the following three items shall be incorporated at each entry point: address sign, doorbell, and mailbox.

i.

Open porches should have attractive bulkheads or balustrade railings and a roof that complements the pitch and materials of the main roof.

ii.

Low hedges, fences and/or entry gates may be used to define the edge between the public street and private property. Chain link fences are prohibited.

c.

Units with a landscaped front yard shall provide at minimum, a twenty-four-inch box tree.

E.

Architectural Trim and Finish Materials. The following elements are common to all multi-family development and should be incorporated into the design of the house/unit, unless the style dictates otherwise:

1.

All windows, doors and garage doors should be trimmed or otherwise distinctly emphasized. Ways to accomplish this include a wood surround or stucco "pop-out," a recess, or a bay window design. Awnings may also be used, if appropriate to the style. The window trim color should be compatible with the colors used on the main dwelling.

2.

A base treatment of at least four feet in height and the incorporation of at least a one-inch projection from the wall surface above. The base treatment should be of a darker color and/or material than the wall surface above, as appropriate to the style, and should incorporate a cap course or capping element.

3.

Gable/attic vents should incorporate an integrated, decorative design appropriate to the style.

4.

Chimneys should be sided with natural stone, masonry, or stucco, as is visually appropriate to their function.

5.

Pitched roofs should be shingled or tiled as appropriate to the architectural style of the house. Shingles should have a dimensional quality.

6.

Rain gutters and downspouts should be inconspicuously located and painted to match the building color.

7.

Architectural details and trim, including siding, should be carried onto all sides of the dwelling. Rear units should not be afforded significantly less architectural detail than front units.

8.

The wall and trim colors should be appropriate to the architectural style of the units, as described above.

9.

All finish materials should be of high quality. Faux materials are not encouraged but are permissible if a high-quality imitation is selected, especially if using faux river stone or brick.

10.

In all cases, outside corner material changes are not permitted. Additionally, foam may not be used for trim or details except on upper stories.

Additions and Accessory Buildings. Additions should be constructed as an integral part of the structure to which they are attached. Detached garages for all multi-family development should reflect the architectural style of the primary building to which they relate by incorporating the following guidelines:

1.

The existing siding should be carried onto the addition or building.

2.

The windows should be of the same style as the main house, including opening mechanisms and trim.

3.

The existing roof line should be carried onto the addition. Shed-roof additions are not permitted, unless integral to the style of the house. For detached structures, the roof style should be the same as that of the main building.

4.

Overall proportion should be maintained.

5.

Integrate substantial design elements (i.e., columns, beams, roof design) into carport structures to convey a more permanent concept.

6.

Prefabricated metal carports are not permitted.

G.

Exterior Lighting.

1.

Two to Four Units.

a.

Lighting should be provided by a combination of porch lights, bollards, and/or a ground-level decorative landscape and path lighting system.

b.

Where flood lighting is deemed essential, lighting should be provided by shaded fixtures which are complementary to the architectural style of the units. "Wallpack" style, high intensity security lights produce unnecessary "light pollution" in the form of glare and are not permitted.

Targeted uplighting for building facades, roofs, and landscape areas is recommended, particularly for areas visible from the main street.

2. Five or More Units.

a.

Lighting should be provided by a combination of porch lights, bollards, and/or a ground-level decorative landscape and path lighting system. Proportionately-sized light standards are acceptable for large area lighting in larger projects.

b.

Where flood lighting is deemed essential, lighting should be provided by shaded fixtures which are complementary to the architectural style of the units. "Wall pack" style, high intensity security lights produce unnecessary light pollution in the form of glare and are not acceptable.

c.

Targeted uplighting or downlighting for building facades, roofs, and landscape areas is recommended, particularly for areas visible from the main street.

H.

Live Work.

1.

Subject to director's approval, each live/work unit shall maintain separate living and commercial spaces. The "work" component shall be clearly identified as separate from the residential living unit and is subject to the applicable building and fire code requirements.

(Ord. 2786 Exh. A (part), 2001)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.96 - COMMERCIAL DESIGN GUIDELINES

18.96.010 - Design goals. ¶

Commercial developments are located in many prominent locations throughout the city and convey a strong visual image. The attention paid to their design reflects a city's pride in itself and its economic vitality. For this reason, the commercial design guidelines are intended to promote high quality development that will:

A.

Lead to quality architecture and design;

B.

Contribute to a positive physical image and identity of the city; and

C.

Complement and preserve the surrounding natural resources.

Commercial development should also strive to provide for both convenient auto access and safe, attractive pedestrian access.

(Ord. 2786 Exh. A (part), 2001)

18.96.020 - Design objectives.

The design of each commercial project in the city should:

A.

Reinforce or establish a distinct architectural image;

B.

Establish attractive, inviting, imaginative and functional site design;

C.

Facilitate and encourage pedestrian activity and mitigate adverse automotive patterns;

D.

Enhance surrounding neighborhoods, the uptown area and the city as a whole;

E.

Preserve and incorporate natural amenities unique to the site such as mature trees and hillside views; and

F.

Minimize excessive or incompatible impacts of noise, light, traffic and visual character.

(Ord. 2786 Exh. A (part), 2001)

18.96.030 - Site design guidelines.

A.

Grading. Grading should be minimized, where possible, to preserve the natural character of the city. Where grading is unavoidable, consider the following guidelines:

Follow the natural contours as much as possible.

2.

Round and contour slopes to blend with the existing terrain.

3.

Emphasize and accentuate scenic vistas.

4.

Avoid large manufactured slopes in favor of several smaller slopes.

5.

Retain and incorporate significant natural vegetation into the project.

6.

Grading should be performed in such manner as to optimize water retention.

B.

Compatibility. Consideration should be given to the compatibility of proposed uses with existing adjacent uses. A site layout should factor in the surrounding natural and built environment including:

1.

Relate the project to the surrounding built environment in function, scale and character.

2.

Tie the project development proposal into adjacent or nearby unique or historic structures.

3.

Reduce impacts on nearby residential uses by incorporating strategies such as such as appropriate building orientation, intensified landscaping and increased setbacks in project layout.

4.

Link with compatible surrounding uses through vehicular connections and pedestrian paths.

C.

Building Siting.

1.

Entrance Considerations.

a.

All primary building entries should face onto a street or a connecting walkway. The placement and design of structures should facilitate and encourage pedestrian activity and convey a visual link to the street and sidewalks. Entries that do not front directly onto a street should be connected to a street and the surrounding neighborhood via a landscaped connecting walkway.

Pedestrian Connection to Neighborhood

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b.

Streetside entrances to stores with large floor areas (exceeding ten thousand square feet) are often difficult to achieve. Pedestrian access to these stores can be enhanced by:

i.

Providing an entry at or near the street, which may be in addition to an entry relating directly to parking;

ii.

Locating small shops along connecting walkways linking anchor stores to the street;

iii.

Placing outdoor retail areas along the street such as outdoor seating for anchor store delis; or by

iv.

Constructing landscaped connecting walkways through parking lots to provide a direct connection to the street.

c.

A combination of building entries, windows (including display windows) and landscaping are the primary ways that commercial development should front onto streets. Generally, building entries and windows

should front onto the street, with the following exceptions:

i.

Where parking lots and driveways front the street and conform with guidelines contained within "vehicular circulation: access/parking lots"; or,

ii.

Where the use is auto-serving or service commercial and conforms with "auto serving uses."

2. Street Frontage.

a.

Where a building fronts onto a street, fifty percent of the building's linear streetside frontage should consist of an entrance, window or display window. Streetside buildings with street front parking should not be more than one hundred-feet long without a pedestrian plaza or walkway connecting the parking lot with the street. Auto-serving uses permitted in the commercial zones need not conform to these street frontage requirements.

b.

On corner lots, buildings should mark the corner with added height, major entry, or other notable architectural feature(s). Buildings with angled corners or plazas are encouraged at corner locations.

c.

Where a front or corner side setback is required, buildings that front onto the street should meet one of the following conditions:

i.

The setback should be landscaped with dense, permanently maintained vegetation reaching a height of at least eighteen inches, except where walkways lead to building entries; or

ii.

The setback may be paved with special pavers or scored concrete three feet by (three feet maximum module size) if building entries occur at least every twenty-five feet or a continuous arcade or trellis is provided.

3.

Gateway Facades. Facades visible from the San Gabriel River Freeway, Whittier Boulevard, Beverly Boulevard and Colima Road should be especially attractive. These facades should include a major entry feature and fenestration over at least twenty-five of the facade's surface. In addition, a monolithic appearance should be avoided through application of these design guidelines.

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Major entry features and façade treatments

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Building facade details

4.

Facades Facing Parking Lots. Where buildings face the street with parking behind, the facade facing the parking lot should contain at least three of the following features:

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Preferred building and parking orientation

a.

Upper-story uses with windows overlooking the parking lot;

b.

Secondary entrances to ground-floor or upper-story uses;

c.

Windows (including display windows) occupying at least half of the building's length;

d.

At least a four-foot change in building plane in every fifty linear feet;

e.

A trellis or arcade that is at least five-feet deep (clear, unobstructed); or

f.

A five-foot landscape strip containing trees or other tall vegetation.

5.

Infill within Existing Development.

a.

Within existing projects, new buildings are encouraged to reinforce streets as walkable, civic environments and to establish pleasant and convenient pedestrian paths between streets and existing storefronts.

b.

The architectural style of new buildings should complement the existing center or be the basis for future remodeling for the existing center.

c.

New construction should be similar to existing buildings in height, width and rhythm of openings.

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One story infill

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Two Story infill

d.

Shared plazas or courtyards are encouraged within and across property lines.

6.

Specific Uses to Consider.

Auto-serving uses.

i.

Entries and windows for auto-service uses need not front onto streets. Entries should be linked to the street via a connecting walkway. Avoid facing auto-service bays, loading areas and blank walls toward the street; orient these features to the side or rear while presenting windows, entries and landscaping to the street. Trees or other landscaping should be used to further screen these features when viewed from the street.

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Preferred auto-serving retail building

ii.

When possible, place auto-serving uses near the street, including gas stations, auto service establishments, or other buildings with a floor area under ten thousand square feet or a lot coverage under twenty-five percent (whichever is less). At least twenty-five percent of the linear frontage facing the street should contain windows (excluding clerestory and glassblock) to enhance the street's security and appearance.

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Drive-through orientation

b.

Drive-Through Facilities. Fast food restaurant building entrances should face the street with parking located to the side and rear of the building. Where the size of a parcel may be constraining, one bay of parking may be allowed in front. Design elements, such as trellises, may encroach into the setback when well integrated with the landscape. Landscaped berms and/or low walls shall screen the parking lot and drive-through aisle. Restrooms accessed from outside the structure should not be permitted. Ladders for roof access shall be mounted on the inside of the building, or shall be completely concealed from public view.

i.

The site design should be pedestrian friendly with opportunities for courtyards, plazas, outdoor dining and landscaped pathways that promote safe and convenient pedestrian movement.

ii.

Drive-through restaurants should have a drive-through lane that measures a minimum of one hundred fortyfour feet in length from entry to pick-up window, accommodating six vehicles. The lane should not enter from the street. The lane should have a minimum width of eleven feet on straight section and twelve feet on curved section. Drive-through lanes should be screened through building orientation, landscaping, low screen walls and trellis work.

c.

Hotels and Motels. Hotel and motel facades should include bay windows, balconies, arcades, towers and other projections to avoid a monotonous appearance and an overly horizontal composition. Roofs should be hipped or gabled. Tile roofs are encouraged. Roof dormers are also encouraged and should be coordinated with the rhythm of fenestration and bays. Room entrances directly adjacent to parking lots or exterior walkways are discouraged.

d.

Mixed Use Projects. The architectural style and use of materials should be consistent throughout. Separate site access, parking facilities and entrances should be used. Commercial signage should be restrained.

7.

Encouraged Site Layout. Create more desirable pedestrian environment by better defining the street edge. Internal parking reduces the negative impact from the street.

Typical Site Plans

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Recommended Site Plan

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Source: GERALD A POTTERFIELD

D.

Vehicular Circulation. Parking lots should generally be placed away from the street, preferably behind buildings. In no case should street frontages consist of uninterrupted parking lots.

1.

Adequate areas for maneuvering, loading and emergency vehicle access should be accommodated on site.

2.

Parking areas should be accessed from the street so that circulation to parking areas does not interfere with other site activities.

3.

Parking areas should be arranged to minimize conflicts with loading activities.

4.

Large parking lot areas should be divided into a series of smaller connected lots separated by additional landscaping.

5.

Loading and parking should generally be located to the side and rear of buildings with the exception of handicap and short-term parking lots which may be sited between the street and building entrances. Large

expansive paved areas between the street and the building(s) are to be avoided in favor of smaller lots separated by landscaping and buildings.

6.

Where parking lots occur along streets, a landscaped buffer should be provided to minimize views of parked cars from the street and be permanently maintained:

a.

The landscaped buffer at the street should be at least fifteen feet wide, excluding parkway landscaping, or ten feet wide if bermed.

b.

Within the landscaped buffer, trees should be planted at least thirty feet on-center and within five feet of the front property line.

c.

The landscape buffer should include a screening feature that is thirty-six to forty-two inches in height and consists of a wall, fence, hedge, berm or equivalent. Earth berms should not exceed a 3:1 slope and be rounded and densely landscaped to have a natural appearance.

7.

Parking lots should be separated from buildings by a five foot landscape strip.

E.

Pedestrian Circulation.

1.

Pedestrian access should be provided between transit stops and building entrances.

2.

Minimize pedestrian crossing distances at driveways. Ideally, a raised median should be used to separate ingress and egress lanes and to provide a pedestrian island, especially where there are three or more lanes. Special pavers, scored concrete or an equivalent treatment should mark pedestrian crossings.

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Raised median walkway acts as pedestrian island

3.

Where possible, connecting walkways should follow an alignment that connects building entries and should be at least eight feet wide in these locations.

4.

Where connecting walkways pass through parking lots, they should be at least five feet wide (excluding car overhangs) and should be accompanied by a minimum five foot landscape buffer with trees planted at least every thirty feet on-center.

5.

Walkways should consist of special pavers or scored concrete with modules that should not exceed three feet in width.

6.

Where a walkway is oversized to accommodate occasional emergency vehicles, landscaping, grass-crete, and other features should be used to give the walkway a more appropriate scale. Meandering walkways should follow the natural terrain and incorporate an irregular pattern.

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Connecting walkways

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F.

Loading and Storage Areas.

1.

Loading docks, overhead doors and storage areas should not face streets and freeways, and preferably be located behind or to the side of buildings.

Where oblique views of these features are possible from streets, freeways, connecting walkways or residences, the features should be screened through the use of walls, wood fences, trellises, tall landscaping, or equivalent features. Loading docks and storage areas should not conflict with connecting walkways. If located adjacent to residential areas, the design of overhead doors should minimize noise through devices such as rubber seals and/or other dampening features. Locate fixed hardware for rolling door on the inside of buildings to minimize visual "clutter." Loading and storage areas should maintain basic visual quality requirements contained in "Building Finishes and Detailing."

2.

Loading and delivery areas should not be located in required setbacks.

G.

Plazas, Public Art and Views.

1.

Plazas.

a.

Retail centers over ten thousand square feet should provide at least one square foot of plaza area for every one hundred square feet of gross floor area, and employment uses with more than twenty employees should provide at least ten square feet of outdoor plaza area for each employee. Plazas should provide shade, be at least ten feet wide and have decorative paving. If accompanied by a building entry, plazas may occur within front or corner side setbacks, with trellises and similar structures being allowed to project five feet into the front and street side yard setback areas. The plaza area should be calculated separate from areas devoted to connecting walkways. Outdoor seating, tables and umbrellas, public art, water

features, landscaping, gazebos or other features are encouraged in plazas and should be consistent with the architectural style of the project.

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Retail plaza area

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Plazas are encouraged where high levels of pedestrian activity are expected, such as adjacent to major entrances and food services such as delis, restaurants, coffee shops and bakeries. Building entries and windows should look onto plazas to enhance activity and security.

2.

Public Art. Plazas, entries and gateways should incorporate public art in a manner consistent with the overall architectural theme of the project. Public art should illustrate local history and current events through the appropriate media, such as interpretive landscapes, murals, mosaics, sculptures and artful architectural features integrated into the project design.

3.

Views. Site circulation and plazas can be used to draw attention to distinctive features such as entrances, public art, fountains, plantings or the local hillsides.

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Incorporate view into site design

H.

Fence and Wall Design.

1.

Fences and walls should be built with attractive, durable materials, including, but not limited to, redwood, wrought iron, textured concrete block or formed concrete with reveals. Chainlink fencing, corrugated metal fencing and "tennis windscreens" are not permitted. Fences or walls should be consistent with materials and designs used throughout the project. In the event of a wood fence, a protective coating should be applied.

2.

All fences and walls should have a distinctive cap of different width, material or texture within the top eight inches. Walls should not exceed a height of six feet without being made of textured concrete block, interlocking "diamond" blocks, formed concrete with reveals or similar materials. Wrought iron and dimensional wood should not be used as "zone division" walls that are required adjacent to residential uses for visual and acoustical separation.

Commercial fencing concepts

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3.

At the street, avoid long expanses of uninterrupted fences and walls. Use an opening, planter box, material change, pilaster or post, or a three-foot stagger at least every forty feet. Provide an opening to fences and walls to connect walkways directly to the street and avoid circuitous routes for pedestrians. These pedestrian "gateways" should be announced by pilasters, trellis, special landscaping, public art or other special features.

4.

In order to soften the mass of a fence or wall, use landscaping such as vines, low to medium height shrubs, and trees appropriate to the architectural style or period of the development.

5.

Fences and walls adjacent to residences. Where a side or rear property line of a commercial site adjoins a residential zone, a six-foot solid wall shall be required at the adjoining property line.

6.

Wall design should incorporate graffiti- and vandal-resistant materials that are easily cleaned or painted.

I. Refuse.

1.

Refuse enclosures and equipment should be easily accessed by service vehicles. Locate refuse enclosures and equipment within a building's facade or within a screened enclosure. Reflect the architectural style of adjacent buildings in the design of enclosures, and use similar, high-quality materials. Landscaping or trelliswork should screen enclosures visible from a street or connecting walkway and shall be permanently maintained.

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Trash enclosures should reflect design of adjacent structures

2.

Trash enclosures should be located away from residential uses to minimize nuisance to adjacent properties.

3.

Cart storage areas should be integrated within the initial building and site design. Large freestanding enclosures or unscreened "cart corrals" are considered unacceptable.

4.

Outdoor storage areas: Locate outdoor storage areas away from the street, behind or to the side of buildings. In addition to locating storage areas away from streets, walls should be used to screen stored materials.

J.

Lighting.

1.

Exterior lighting standards should be located and designed to minimize direct glare beyond the parking lot or service area. Light standards under fifteen feet in height (including lighting bollards) should illuminate all streetside sidewalks and connecting walkways and are encouraged throughout a project. Taller standards, while generally discouraged, may be used only if:

a.

Reflectors direct light only toward the center of parking areas and at least sixty feet from a residential property; and

Trees are planted along streets and property lines at a spacing of not more than thirty feet on-center. All light standards should be consistent with the overall architectural style of the project. At a minimum, all light standards should have an attractive base and top; overhanging "shoebox" standards are discouraged; and, overhanging "cobrahead" standards are not permitted.

2.

Buildings and landscaping can be illuminated indirectly to create a strong positive image. Concealing light features within buildings and landscaping can highlight attractive features and avoid intrusion into neighboring properties. Thoughtful use of attractive pedestrian oriented lighting is especially encouraged at entries, plazas and other areas where evening activity is expected.

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Complementary light fixtures

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Light bollards along walkways

K.

Drainage. Using various control techniques to limit off-site drainage helps to create a healthier watershed. There are many ways to capture water on-site and divert water underground. All commercial development should integrate water run-off best management practices into the site design. For more information on National Pollution Discharge Elimination System (Clean Water Act) guidelines and best management practices consult the city public works department.

L. Site Accessories.

1.

Site design features, such as recycling bins, bike racks, litter cans, planters, benches and transit shelters, should use materials and have an architectural character consistent with the overall project. Design these features to be graffiti- and vandal-resistant by using materials that are easily cleaned or painted. Avoid interrupting connecting walkways with these features.

2.

Site amenities within a commercial setting should be coordinated in terms of color, materials and design in order to convey a cohesive project appearance and distinctive character.

M.

Auxiliary Structures and Areas. All auxiliary structures should be integrated architecturally with the project through their color, materials and architectural style. The location of auxiliary areas is essential to the success of a business. For example, outdoor dining areas should be placed as close to the front yard or street side yard setback as possible; at the very least, outdoor dining areas should be visible from the street.

1.

Transit Shelters. Where a transit stop is planned adjacent to a project that is at least five acres, the developer should coordinate with the public works department and the transit department to determine a

location for a transit shelter on-site. Transit shelters that are incorporated within the form of a building such as under an awning or arcade are encouraged.

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Transit shelters should be integrated architecturally

2.

Play Places. Play structures associated with commercial uses should be enclosed and integrated within the building design. If the play place is a secondary use, then the size of the play structures and the portion of the building containing the play area should be subordinate to the main use and building.

3.

Outdoor Dining Areas. Outdoor dining areas are encouraged and should provide permanent shade. Small to medium height landscaping and non-view obscuring fences should be utilized to help define outdoor dining areas.

4.

Vending Machines. All vending machines should be located inside the store. Vending machines may be placed outside of a store if they are not visible from the public right of way and their placement is architecturally integrated into the design of the development.

N.

Screening Equipment. All screening equipment should be designed so that these features are graffiti- and vandal-resistant by providing, at minimum, a two foot wide landscape strip at the base of these walls for vines and tall shrubs, and by using materials that are treated accordingly, and easily cleaned or painted.

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Trellis over drive-through

1.

Mechanical Equipment.

a.

The location of mechanical equipment should be integrated into the project's site and building design. Roof-top and ground-mounted equipment should be architecturally screened from view of elevated highways, streets, parking lots, connecting walkways and the freeway.

b.

Mechanical equipment must be screened behind parapets or by recessing equipment into hips, gables, parapets or similar features; exposed boxes are not acceptable. Screening details should incorporate "capping" elements and the same exterior trim details as found elsewhere in the project. The top of screens should be at least as high as the top of the equipment, yet the screen walls should be generally kept as low as possible. If public ways have an elevation that is equal to or above the elevation of equipment, a section should be prepared which shows the relationship of the equipment to the public way and the manner in which this view will be screened.

Mechanical equipment

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2.

Transformers.

a.

Transformers, heating units and other ground-mounted equipment should be adequately screened with architecturally integrated walls and/or landscaping. Additional area for future ground-mounted equipment and screening needs should be considered and set aside. Avoid interrupting connecting walkways with these features.

b.

Transformers should not dominate the streetscape. When transformers are required to be installed adjacent to the street, they should be underground.

Freestanding transformer location

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3.

Downspouts. Downspouts should be concealed on facades that face a street or freeway.

O.

Landscaping. All landscaping should be completed in a timely manner so as to minimize erosion of slopes and off-site drainage. The following landscaping principles should also be considered:

1.

Use a mixture of evergreen and deciduous trees to provide year-round interest.

a.

Use evergreen trees to block winter winds and screen unsightly features.

b.

Provide special landscaping treatment, such as intensifying density (size and/or number) of trees, accent trees, and special paving at all project entries and building entries.

Provide shade/canopy trees within parking areas at a ratio of one shade tree for every five parking stalls.

d.

Use plants to define outdoor spaces such as edges, outdoor plazas, or movement paths between parking and building entrances.

e.

Plant trees to provide a continuity of form across the entire project.

2.

Landscape at Walls.

a.

A five-foot landscape strip (excluding wall footings and car overhangs) should be provided at the base of all solid fences and walls, and at the base of buildings, except where there are entrances or loading areas.

b.

These landscape strips should be planted with trees, hedges, vines or similar treatment and permanently maintained.

3.

Period appropriate landscaping is encouraged. Use landscape specimens appropriate to architectural design theme.

4.

Drought tolerant, native plants should be a priority.

5.

The developer should construct an automatic irrigation system.

Paving.

1.

Decorative paving should be incorporated into parking lot design, driveway entries and pedestrian walkways.

2.

Paving materials should complement the architectural design. The use of stamped concrete, stone, brick, pavers, exposed aggregate, or colored concrete is encouraged.

3.

The following permeable pavements are encouraged, where appropriate to the existing or new building architecture or theme:

a.

Poured in place: pervious concrete and porous asphalt

b.

Unit Pavers: brick, natural stone

c.

Granular materials: gravel, cobbles.

(Ord. 2786 Exh. A (part), 2001)

(Ord. No. 3121, §§ 23, 24, 8-25-20)

18.96.040 - Architectural design guidelines.

Style.

1.

Construction should render the well chosen style through appropriate detailing, properly applied materials and quality workmanship. A consistent architectural style shall be used for a building and the elements that relate to it, such as trellises, planters or light-standards. Multi-building projects should also use a consistent architectural style. While specific architectural styles are not dictated by the zoning code, several styles predominate in the city and should be emulated to help keep the city's unique "sense of place."

2.

Styles generally respond to the region's climate. For example, a Mediterranean design should incorporate shade windows, outdoor circulation and outdoor courtyard or plazas with deep eaves, recessed window frames, awnings, arcades, loggias, trellises and trees. Other predominant styles include craftsman, victorian, mission, art deco modern and italianate. Alternative styles are permissible, provided they meet the requirements listed throughout these guidelines. Skyscraper like "high tech" styles with unarticulated surfaces and insubstantial materials should be avoided.

3.

The selected architectural style/design should consider compatibility with surrounding character, including harmonious building style, form, size, color, materials and roofline. In developed areas, infill projects should meet or exceed the standards of quality which have been set by surrounding development.

The use of standardized "corporate" architectural styles associated with franchises is discouraged. Corporate architecture should be modified to meet the city's design guidelines with some consideration to maintaining corporate identification.

5.

The designer is expected to employ variations in form, building details and siting in order to create visual interest. In all cases, the selected architectural style should be employed on all building elevations.

B.

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Top treatment

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Base treatment

b.

All facades should have a recognizable "base" and "top." The base should visually carry the weight of the building. A recommended rule of thumb is approximately one-eighth of a building's height, unless associated with window stem walls where it may be as little as eighteen inches tall. Techniques for establishing a base include, but are not limited to, the following:

i.

Thicker walls;

ii.

Richly textured materials (e.g. tile or masonry treatments);

iii.

Darker colored materials, mullion, and/or panels; and/or

iv.

Enriched landscaping with a mature height of at least eighteen inches and permanently maintained.

c.

Special materials, such as ceramic tile, granite and marble, are encouraged on the base of buildings that face streets or connecting walkways, especially adjacent to major entries.

d.

"Tops" take advantage of the visual prominence of a building's silhouette and should be approximately one-twentieth of a building's height or twelve inches (whichever is more). Techniques for clearly expressing a top include, but are not limited to, the following:

i.

Cornice treatments;

ii.

Roof overhangs with brackets;

iii.

Stepped parapets;

iv.

Richly textured materials (e.g. tile or masonry treatments); and/or

v.

Different colored materials.

e.

Colored "stripes" are not acceptable as the only treatment.

2.

Quality of Construction. Give an attractive appearance to all facades through careful and correct detailing, especially at the base of buildings, along cornices, eaves, parapets or ridgetops, and around entries and windows. Details for these conditions may be requested as part of development review. Appearance may also be enhanced through the correct use of materials, expansion joints and reveals.

3.

Exterior Materials. High quality building materials are encouraged. Recommended materials include brick, stucco, exterior plaster, wood siding, tile or stone. Veneers that are visibly prefabricated are discouraged. Materials and detailing should have a substantial and long-lasting appearance.

4.

Material Changes. To avoid the false appearance of lightweight veneers, material changes should not occur at external corners. Material changes may occur at "reverse" or interior corners or as a "return" at least two feet from external corners.

5.

Windows. To provide a base element and greater safety, window frames should generally be set upon a stem wall or framed panel that is at least eighteen inches high. In addition, window frames should be substantial and should be framed or inset to establish an attractive shadow, flush with the exterior finish. Glazing inset at least two inches from the front face of the exterior finish is encouraged.

6.

Roof Materials. Roofing materials should be durable and display frequent, clearly marked shadow lines. Roofing materials that are generally acceptable include metal standing seam, concrete tile, ceramic tile and slate or slate-like materials. Non-acceptable roofing materials include all combustible or non-fire-rated roofing materials, "roll roofing" and lightweight asphalt shingles.

7.

Colors. For larger building surfaces (excluding trim), colors should be muted and lighter in value. (Muted colors contain a mix of complementary colors that result in off-whites, tans and other "softer colors." Lighter colors have a value equivalent to thirty percent or less on a gray scale.) Accent colors may include brighter and darker colors.

(Ord. 2786 Exh. A (part), 2001)

Chapter 18.98 - MANUFACTURING DESIGN GUIDELINES

18.98.010 - Design goals. ¶

Manufacturing development has typically been physically and visually isolated from other city land uses in the past. The very nature of early manufacturing dictated a function-over-form design of large-scale developments on the outskirts of town. Rapid urban growth and technological advances in industry have blurred the spatial and visual gap between manufacturing and other uses. For this reason, the manufacturing design guidelines are intended to promote high quality development that will:

A.

Provide for function while promoting high quality architecture, landscaping and design;

B.

Integrate or transition land uses through sensitive siting and design;

C.

Ensure compatibility with other parts of the community; and

D.

Enhance the street environment for motorists and pedestrians.

(Ord. 2786 Exh. A (part), 2001)

18.98.020 - Design objectives.

The design of each manufacturing project in the city should:

A.

Reinforce or establish a distinct architectural image;

B.

Consider the scale, proportion and character of surrounding development;

C.

Establish attractive, inviting, imaginative and functional design;

D.

Provide convenient pedestrian connections between employment locations and services;

E.

Provide for safe on-site pedestrian activity and avoid adverse traffic problems;

F.

Minimize excessive or incompatible impacts of noise, light, traffic and visual character;

G.

Preserve and incorporate natural amenities unique to the site such as mature trees and hillside views; and

H.

Preserve and incorporate historically, culturally, or architecturally significant buildings into the project design.

(Ord. 2786 Exh. A (part), 2001)

18.98.030 - Site design guidelines. ¶

A.

Grading. Grading should be minimized where possible to preserve the natural character of the city. Where grading is unavoidable, consider the following guidelines:

1.

Follow the natural contours as much as possible.

2.

Round and contour slopes to blend with the existing terrain.

3.

Emphasize and accentuate scenic vistas.

4.

Avoid large manufactured slopes in favor of several smaller slopes.

5.

Retain and incorporate significant natural vegetation into the project.

6.

Graded slopes should be landscaped for aesthetic and slope stability purposes.

7.

Optimize on-site water retention basins.

B.

Compatibility. Consideration should be given to the compatibility of proposed uses with existing adjacent uses. A site layout should factor in the surrounding natural and built environment including:

1.

Relate the project to the surrounding built environment in function, scale and character.

2.

Tie the project development proposal into adjacent or nearby unique or historic structures.

3.

Reduce impacts on nearby residential uses by incorporating strategies such as appropriate building orientation, intensified landscaping and increased setbacks in project layout.

4.

Link with compatible surrounding uses through vehicular connections and pedestrian paths.

C.

Building Siting. Building siting should consider the context of the surrounding area, location of incompatible uses, location of major traffic generators and site characteristics, when applying the following guidelines:

Recommended site orientation

6.

Where parking lots occur along streets, a landscaped buffer should be provided to minimize views of parked cars from the street and be permanently maintained:

a.

The landscaped buffer at the street should be at least fifteen feet wide, excluding parkway landscaping, or ten feet wide if bermed. Within the landscaped buffer, trees should be planted at least thirty feet on-center and within five feet of the front property line.

Landscape screen

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b.

The landscape buffer should include a screening feature that is thirty-six to forty-two inches in height and consist of a wall, fence, hedge, berm or equivalent. Earth berms should not exceed a 3:1 slope and be rounded and densely landscaped to have a natural appearance.

c.

Parking lots should be separated from buildings by a five foot landscape strip.

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Streetscape design

F.

Pedestrian Circulation.

1.

Walkways should connect major building entries with the public sidewalk along the street.

Pedestrian walkways should be adjacent to buildings and be overlooked by frequent entries or windows.

3.

Connecting walkways should be at least four feet wide (excluding car overhangs) and should be accompanied by a five foot minimum landscape buffer with trees planted at least every thirty feet on-center.

4.

Walkways with decorative pavers or other special design treatment are preferred.

5.

Walkways should provide a direct route without conflicting with parking and loading areas, and vehicular access and egress points to the parking areas.

6.

Pedestrian access should be provided between transit stops and building entrances.

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G.

Loading, Delivery and Storage Areas.

1.

Loading and storage areas should not face streets. When these features must face a street, they must be screened with a solid decorative wall or berm. Where oblique views of these features are possible from

streets, freeways, connecting walkways or residences, the features should be screened through the use of walls, trellises, tall landscaping or equivalent features.

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==> picture [217 x 133] intentionally omitted <==

2.

Section plans should be prepared to show that the wall height is sufficient to screen the loading area, vehicles and trailers from view of adjacent properties and streets.

3.

Adequate room should be provided for trucks maneuvering or waiting to unload; the area within one hundred twenty feet in front of loading docks should be paved and kept free of obstacles.

4.

Loading and storage areas should not conflict with connecting walkways or required parking areas.

5.

Loading and delivery areas should not be located in required setback areas.

6.

Loading areas should be designed to include attractive and durable materials. Design considerations for loading and storage areas include:

a.

Locate fixed hardware for rolling doors on the inside of buildings to minimize visual "clutter."

b.

In the loading and storage areas, building segments above loading doors visible from the street and surrounding properties should conform with other guidelines pertaining to building features, materials and finishes.

c.

If located adjacent to residential areas, the design of overhead doors should minimize noise through devices such as rubber seals and/or other dampening features.

d.

Outdoor storage shall not exceed eight feet in height. A lower grade of loading docks is encouraged, where practical, to help minimize views from the street and the need for tall walls or fencing.

H.

Plazas. Plazas are encouraged as a site amenity and design detail.

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Outdoor plaza design

1.

Arrange buildings to include opportunities for plazas, courts or gardens, and lunch areas for employees with such amenities as outdoor seating, landscaping, water elements, pergolas, special lighting and other "place-making" features.

2.

Plazas are encouraged where high levels of pedestrian activity are expected, such as adjacent to major entrances and food services such as delis, restaurants and bakeries or between building clusters in a business park development.

3.

Building entries and windows should look onto plazas to enhance activity and security.

Locate outdoor employee break areas preferably away from loading areas or other high-traffic areas.

I.

Fence and Wall Design.

==> picture [143 x 108] intentionally omitted <==

Fences and walls

1.

Materials. Fences and walls in public view should be built with attractive durable materials, including, but not limited to, wrought iron, textured concrete block or formed concrete with reveals. Fences or walls should be consistent with materials and designs used throughout the project. Sliding gates to loading areas visible from a street should be constructed with wrought iron and high density perforated metal screening, painted to match or complement adjacent walls. Site entries requiring gates should be offset from direct view to loading areas, where possible, to minimize extent of screening, and avoid direct view to loading areas when gates are open.

2.

Height. Street side fences or walls should adequately screen views to the top of loading bays and parked vehicles and/or trailers. The height of screen walls outside the setback areas should not exceed twelve feet from the highest finished grade. The area in front of walls and fences should be landscaped with shrubs and trees reaching a mature height that exceeds the height of the wall or fence. Additional landscaping should be used when walls exceed seven feet in height.

3.

Special Design Considerations. Along street frontages, avoid long expanses of uninterrupted fences and walls. Long expanses of wall surfaces should be offset and architecturally treated to prevent monotony. Techniques to accomplish this treatment may include, but are not limited to, the following: raised planters, openings, material change, staggered sections, and pilasters or posts. Vegetation should be used in conjunction with these suggestions, but should not be used in place of special wall treatments. Provide openings to fences and walls to connect walkways directly to the street and avoid circuitous routes for pedestrians. These pedestrian "gateways" should be announced by pilasters, trellises, special landscaping, or other special features. Landscape berms should be provided to minimize the height impact of screen walls.

4.

Fences and Walls Adjacent to Non-Industrial Uses. Where manufacturing uses are adjacent to nonmanufacturing uses, appropriate buffering techniques such as setbacks, screening, and landscaping need to be provided to mitigate any negative effects of manufacturing uses.

Refuse.

1.

Refuse containers and equipment shall be easily accessed by service vehicles, but screened from public view.

2.

Locate refuse containers and equipment within a building's facade or within a screened enclosure. Reflect the architectural style or significant architectural elements of adjacent buildings in the design of enclosures, and use similar, high-quality materials.

3.

Landscaping or trelliswork should be provided on each side of screened enclosures within parking areas and when visible from a street or connecting walkway. (See development standards for minimum size)

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Refuse container enclosures

K.

Lighting.

1.

Exterior lighting standards should be located and designed to minimize direct glare beyond the parking lot or service area. Light standards under twenty-five feet in height (including lighting bollards) are encouraged throughout a project and should illuminate all sidewalks and connecting walkways.

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Complementary light fixtures

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Light bollards along walkways

==> picture [222 x 216] intentionally omitted <==

Bollards along entry

Taller standards may be used only if:

a.

Reflectors direct light only toward the center of parking areas and at least sixty feet from a residential property; and

b.

Trees are planted along streets and property lines at a spacing of not more than thirty feet on-center.

2.

All light standards should be consistent with respect to design, materials, color, light color and with the overall architectural style of the project. At a minimum, all light standards should have an attractive base and top; overhead "cobrahead" standards are not permitted. Buildings and landscaping can be illuminated indirectly to create a strong positive image.

3.

Concealing light features within buildings and landscaping can highlight attractive features and avoid intrusion into neighboring properties. Use of lighting is especially encouraged at entries, plazas and other areas where evening activity is expected.

==> picture [146 x 288] intentionally omitted <==

L.

Drainage. Using various control techniques to limit off-site drainage helps to create a healthier watershed. There are many ways to capture water on-site and divert water underground. Residential development should integrate water runoff best management practices into the site design. For more information on National Pollution Discharge Elimination System (Clean Water Act) guidelines and best management practices, consult the city public works department.

M.

Site Accessories.

1.

Site features, such as recycling bins, bike racks, litter cans, planters, and benches should be designed as an integral part of the project. Architectural character and use of materials should be consistent with the overall project. Design these features to be graffiti- and vandal-resistant by using materials that are easily cleaned or painted. Avoid interrupting connecting walkways with these features.

2.

Site amenities within a manufacturing setting should be coordinated in terms of color, materials and design in order to convey a cohesive project appearance and distinctive character.

N.

Auxiliary Structures. Transit shelters should be provided near major concentrations of employees. Where a transit stop is planned adjacent to a project of at least five acres, the developer should coordinate with the

transit department to determine a suitable location for a transit shelter on-site. Freestanding shelters should be integrated architecturally with the project with respect to color, materials and architectural style.

==> picture [196 x 145] intentionally omitted <==

Multi-model shelter

(Ord 2786 Exh. A (part), 2001)

18.98.040 - Architectural design guidelines. ¶

A.

Style.

1.

A consistent architectural style should be used for a building and the elements that relate to it, such as trellises, planters, light standards, etc. Multi-building projects should also use a consistent architectural style.

2.

Consideration should be given to the architectural and site design of a proposed project with those of existing adjacent uses. Also, projects that abut residentially and commercially zoned properties should be designed in such a manner so as to minimize the massing and effects typically associated with large manufacturing buildings.

3.

An attractive appearance to all facades should be provided through careful detailing, especially at the base of buildings, along cornices, eaves, parapets or ridgetops, and around entries and windows. (Details for these conditions may be requested as part of development review). Appearance may also be enhanced through the correct use of materials, expansion joints, and reveals.

B.

Massing. A single, dominant building mass should be avoided. Substantial variations in massing should include changes in height and horizontal plane.

Horizontal masses for building elevations less than seven hundred lineal feet should not exceed a height/width ratio of 1:5 without a substantial architectural element that projects up or away from the building, such as towers, bays, lattices, or other architectural features.

2.

Buildings greater than seven hundred lineal feet should not exceed a height/width ratio of 1:6 without massing variations.

3.

A ratio of 1:10 may be considered for facades greater than seven hundred lineal feet with external treatment detached from the building to help break the mass of the structure between massing breaks, including columns, colonnades, trellises or enhanced landscape treatment.

==> picture [219 x 289] intentionally omitted <==

Massing ratios

Massing and building projections

==> picture [207 x 300] intentionally omitted <==

The extent of massing breaks and building projections should relate visually to the overall scale of the building.

Entry Design.

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Building Facades.

Avoid blank walls between massing breaks, especially along facades immediately visible from adjacent streets or walkways, by using one or more of the following techniques:

Change in texture;

Revealed pilaster;

c.

Change in plane (two-foot minimum);

d.

Vertical variation of roof line;

e.

Window; and

f.

Lattice, accent tree or equivalent.

2.

Gateway Facades. Facades visible from freeways and major street corridors should be especially attractive. These facades should include a major entry feature and fenestration over at least twenty-five percent of the facade's surface. In addition, a monolithic appearance should be avoided.

Gateway facades

==> picture [227 x 444] intentionally omitted <==

3.

Major Entries.

a.

Highlight primary building entries through the massing of the building. Greater height can be used to highlight and accentuate entries in the form of corner tower elements, tall voids, or a central mass meeting an entry plaza. Conversely, smaller building masses can also communicate the location of entries.

Entry design

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b.

Contrasting forms can also be used to help highlight major entry points on large building facades. Elements such as curved and straight lines, cylindrical corner elements with sharp corners help highlight major entry points on manufacturing buildings.

4.

Pedestrian Entries.

a.

Entries and windows are encouraged to face streets and pedestrian walkways.

b.

Projects with few employees should attempt to place entries and the most active areas near the street to avoid long, "unguarded" walkways. Incorporate special materials, color, detailing, or equivalent architectural treatment at major entries.

==> picture [194 x 144] intentionally omitted <==

D.

Building Treatment, Finishes and Detailing.

1.

Base and Top Treatments.

Facades having a recognizable "base" and "top" are encouraged.

==> picture [175 x 144] intentionally omitted <==

a.

The "base" should visually relate to the proportion and scale of the building. Techniques for establishing a base include, but are not limited to:

Richly textured materials (e.g., tile or masonry treatments);

ii.

Darker colored materials, mullion, panels, reveals; and

iii.

Enriched landscaping.

==> picture [210 x 132] intentionally omitted <==

Base treatment

b.

"Tops" take advantage of the visual prominence of a building's silhouette. Techniques for clearly expressing a top may include, but are not limited to:

==> picture [206 x 133] intentionally omitted <==

Top treatment

==> picture [179 x 157] intentionally omitted <==

Acceptable top design techniques

Cornice treatments,

ii.

Roof overhangs with brackets,

iii.

Richly textured materials (e.g. tile, masonry or fluted concrete), and/or

iv.

Different colored materials.

c.

Colored "stripes" are not acceptable as the only treatment. Texture, reveals and color may be appropriate in some applications. Vertical expressions that comply with the General Massing section may be considered as an alternative for "top" treatment on large distribution buildings.

2.

Roof Materials.

a.

Roofline. Vertical variations to the roofline should incorporate roof projections, to avoid a false front/unfinished appearance. Rear elevations screened from public view may be excluded.

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External treatment for long elevations

b.

Roof Form and Materials. Vertical roof forms should be simple, avoid a massive appearance, and reflect the internal organization of buildings. Roofing materials should be durable. Where visible from the street, acceptable roofing materials include metal standing seam and concrete tile.

3.

Material Changes. Avoid the false appearance of lightweight veneers by hiding material changes through careful detailing. Material changes should not occur at externals corners. Material changes may occur at "reverse" or interior corners or as a "return" at least four feet from external corners, with extended returns provided for large buildings.

==> picture [161 x 72] intentionally omitted <==

Materials should turn corner

4.

Colors. For larger building surfaces (excluding trim), colors should be muted and other "softer colors". Lighter colors have a value equivalent to thirty percent or less on a gray scale. Accent colors may include brighter and darker colors.

5.

Downspouts. Downspouts should be concealed on facades that face a street or freeway, or should be architecturally integrated into the design of the building.

6.

Windows. Window frames should appear substantial and should not be flush with the exterior finish. Glazing should be inset at least two inches from the front face of the exterior finish. On windows facing a public right-of-way or facing a plaza, bare aluminum finishes are discouraged, except when designed as a critical element of the overall architectural design.

7.

Mechanical Equipment Screening. Mechanical equipment screening should be integrated as part of a project's site and building design.

a.

Rooftop and ground-mounted equipment should be screened from view of streets, parking lots, connecting walkways and freeways.

b.

Integrate rooftop equipment into the overall mass of a building.

c.

Screen roof-mounted equipment through the use of parapets, screen walls, equipment wells, mechanical room enclosures and similar design features. Screening devices other than parapet walls shall be designed as an integral element of the building mass.

d.

Picket fencing, chain-link fencing and metal boxes shall be avoided.

The top of screens should be at least as high as the top of the equipment, with additional height provided where larger equipment units could be used in the future.

Mechanical equipment screening

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==> picture [183 x 120] intentionally omitted <==

f.

Cross-section drawings should be prepared to illustrate the method in which the equipment will be screened from view of adjacent streets, freeways and properties.

g.

Typical ground-mounted equipment (such as transformers and heating units) should be screened with walls and/or landscaping.

h.

Large structures and/or equipment such as water tanks, silos and large bins should be screened by the building from view of adjacent streets, freeways and properties.

(Ord. 2786 Exh. A (part), 2001)

Chapter 18.99 - PARKING STRUCTURE DEVELOPMENT STANDARDS & DESIGN GUIDELINES

18.99.010 - Purpose. ¶

Parking structures are an efficient and economical option to providing parking without acquiring additional land for surface parking. Each parking structure design must consider architectural compatibility, size, scale, and bulk as it relates to both on-site and off-site adjacent properties in conjunction with the overall design of the project. This chapter shall be referenced for the development and design standards of all above and below ground parking structures within the city.

(Ord. No. 2920, § 1, 2-10-09)

18.99.020 - Site development. ¶

Unless stated otherwise within this chapter, the parking structure shall comply will all signage, design and development standards of the Specific Plan or Whittier Municipal Code for the zoning classification of the property that it is developed on subject to the review and approval of a development review application by the planning commission.

(Ord. No. 2920, § 1, 2-10-09)

18.99.030 - Location.

A.

Each parking structure design shall consider architectural compatibility, size, scale, bulk and its relationship to the structures immediately adjacent to it.

B.

Parking structures that are located immediately adjacent to sensitive receptors such as residential uses, elementary/high schools, or parks, shall incorporate appropriate setbacks, massing, and screening mitigation.

(Ord. No. 2920, § 1, 2-10-09)

18.99.040 - Setbacks and development standards.

A.

Parking structures shall comply with the setback and development requirements identified for the zoning classification it is built in.

B.

The approval authority may modify the setback requirements, as deemed necessary, for aesthetic and land use compatibility purposes, subject to the approval of a conditional use permit.

C.

Structures that immediately abut property zoned, used or designated on the General Plan for residential purposes shall provide a fifteen-foot minimum landscape setback adjacent to that use.

(Ord. No. 2920, § 1, 2-10-09)

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18.99.050 - Building height. ¶

The maximum building height shall not exceed the permitted building height for the zoning classification on the property the parking structure is developed on. However, a conditional use permit may be approved by the planning commission for any increase over the maximum building height, up to nine feet, to accommodate decorative mechanical equipment enclosures, elevator shafts, parapet walls/screens, light poles, roof top trellises etc.

Setback parking structures on street sides

(Ord. No. 2920, § 1, 2-10-09)

18.99.060 - Driveways and ramps. ¶

A.

The internal driveways, ramps and circulation pattern within all parking structures shall comply with the following standards:

1.

The maximum vehicle ramp grade shall not exceed twelve percent, with minimum twelve-foot long transitions (not exceeding five percent) at the top and bottom of the ramp.

2.

The maximum cross slope of a driveway or ramp shall not exceed ten percent when parking on a ramp is provided; the maximum ramp grade shall not exceed five percent.

3.

Grade differentials shall not exceed 9.5 degrees at ramp break-over.

4.

Any deviation from the provisions listed within this section, shall require the prior review and approval of the director of public works.

(Ord. No. 2920, § 1, 2-10-09)

18.99.070 - Interior circulation and parking. ¶

The following standards apply to interior circulation and parking:

A.

All vehicular parking shall be designed with double striped stalls that are a minimum of nine feet wide by eighteen feet deep. However, when a parking stall is adjacent to a solid wall or column, the minimum parking stall width shall be ten feet wide.

B.

All one-way travel lanes within a parking structure shall be a minimum of twelve feet wide, and all two-way travel lane shall be a minimum of twenty-four feet wide. Each travel lane shall maintain a one-foot setback from the edge of all fixed objects over eighteen inches in height in addition to the minimum travel lane width.

C.

The minimum required vehicular back-up distance within a parking structure shall be twenty-five feet.

D.

A minimum two-foot wide concrete finger or barrier shall be constructed immediately between an end parking stall and an adjacent vehicular travel lane.

E.

All parking garages shall have an unobstructed headroom clearance of not less seven feet six inches above the finished floor to any ceiling, beam, pipe or similar obstruction.

F.

All entrances, transition ramps and vertical clearances within a parking structure shall have a uniform, minimum, vertical height clearance of eight fee two inches throughout the entire parking level where accessibility to parking spaces for persons with physical disabilities are provided.

G.

Vehicular circulation within the parking structure shall be continuous and uninterrupted at all levels. Deadend parking aisles or "hammerhead" type parking is prohibited. However, this provision shall not be applicable under the following circumstances:

1)

For any portion of a parking structure that is designed exclusively to accommodate assigned residential parking spaces.

2)

When the parking structure is designed with less than one hundred seventy-five parking spaces.

H.

All vehicular travel lanes shall be designed with an appropriate turning radius (as recommended by the city traffic engineer) so that all vehicular turning movements can be made by a large passenger vehicle without having to steer the vehicle into the on-coming lane of traffic to make a turn.

I.

Pedestrian pathways shall be visible and delineated from vehicle travel lane.

J.

There shall be no "blind spots" within the vehicular ramp or transition area.

K.

Elevator and stair shafts, mechanical rooms and similar visual disruptions located on the interior of each parking level shall be minimized to reduce their visibility.

L.

The number of vehicular access points to public streets shall be minimized. All entrances and exits shall be capable of closure after hours with a decorative wrought iron or roll down security gate.

M.

Each parking structure consisting of over one hundred parking stalls shall contain a separate area designated specifically for motorcycles parking and bicycles storage at the entry level into the parking structure. Bicycle security racks shall be provided to accommodate a minimum of twelve bicycles.

N.

When parking ticket dispensers or gated parking entrances into a parking structure are provided, the minimum vehicular queuing length behind the ticket dispenser or gate shall be determined by the approval authority based upon a recommendation made by an independent California licensed traffic engineer. Vehicular queuing shall not occur within the public right-of-way.

O.

All parking structure pay booth lanes shall provide a minimum vehicular queuing length of sixty feet behind the pay booth. The location of the pay booth shall be designed so as to not obstruct vehicular circulation within the parking structure.

P.

When a parking structure is used for both public and private (residential) parking, the private residential spaces shall be completely segregated from public parking spaces. However, common vehicular entrances and exits may be used for the parking structure so long as a visitor call box is provided prior to entering the residential parking area with a vehicular turnaround.

Q.

A curb or wheel stop, not less than six inches in height, shall be erected two feet from the front of the parking stall and any adjacent wall, structure, guard rail or walkway within a parking structure.

(Ord. No. 2920, § 1, 2-10-09)

18.99.080 - Lighting and illumination.

A.

A minimum of five foot-candles of illumination shall be provided inside the parking. Higher levels are recommended for remote areas subject to security considerations (e.g., stairways, elevators, and other pedestrian access points). Minimum illumination, levels measured from the adjacent finished floor, shall be as follows:

1.

Stairways and exits: five foot-candles

2.

Interior drive aisles, centerline: five foot-candles

3.

Interior parking at barrier railings: one foot-candle

4.

Roof parking areas: one foot-candle

B.

All exterior lighting fixtures on the parking structure shall have light shields to block light and glare from the public right-of-way and adjacent properties.

(Ord. No. 2920, § 1, 2-10-09)

18.99.090 - Parking structure design—Exterior. ¶

A.

Exterior elevations shall be designed to minimize untreated facades. Long expanses of shear walls are not permitted.

B.

Exterior elevations shall be architecturally compatible with the architectural style, design, and materials of any principle on-site building located on the same property as the parking structure. The design shall also be aesthetically compatible with the adjacent off-site buildings.

(Ord. No. 2920, § 1, 2-10-09)

18.99.100 - Parking structure design—Interior.

A.

Interior walls and ceilings shall be painted a light color to improve illumination.

B.

All interior mechanical equipment and piping/conduits must be painted to match the interior of the structure.

C.

Where possible, elevators and stairs shall be located on the perimeter of the structure to provide natural surveillance from exterior public areas.

==> picture [216 x 147] intentionally omitted <==

D.

Stairwells must be integrated within the footprint of the parking structure, unless designed specifically as a decorative architectural feature of the building.

E.

All solid stairwell doors shall provide viewing panels. Blind corners in stairwells shall be eliminated through the use of convex mirrors.

Elevators and stairs should be visible from public areas.

To provide maximum visibility, stairwells must be open to the interior and at least partially open at the exterior of the structure.

G.

Stairwells must exit out onto a public street or pedestrian courtyard.

(Ord. No. 2920, § 1, 2-10-09)

18.99.110 - Landscaping, screening and amenities.

A.

All parking structure setbacks shall be densely landscaped. However, such requirements may be modified or eliminated by the approval authority if the parking structure is designed to be integrated as part of a pedestrian plaza area.

B.

Landscaping shall not obstruct ventilation or other required openings on the exterior of the structure.

C.

A plaza/courtyard area is encouraged as part of the parking structure design with amenities that facilitate pedestrian use such as seating areas, objects of art, water features, decorative lighting, and landscape planters providing annual color.

D.

A decorative designed trellis may be incorporated into the building design where blank walls occur on the structure. The trellis material shall be constructed of decorative and durable materials to enable vines to attach themselves for support. The trellis area should cover a minimum of sixty percent of the blank wall.

E.

All appurtenances (i.e., transformers, ventilation shafts, etc.) shall be located outside of all required setbacks and shall be screened from public view.

F.

Trees and plant material shall consist of minimum thirty-six-inch box trees and fifteen-gallon shrubs. When Palm trees are used, a minimum twelve to fifteen feet brown trunk height shall be required. An automatic irrigation system shall be designed to provide deep watering for trees, shrubs and vines along with moisture sensors to monitor and minimize water usage.

==> picture [216 x 168] intentionally omitted <==

18.99.120 - Signage. ¶

A master sign plan shall be developed for all interior and exterior signage associated with a parking structure, including vehicular and pedestrian directional signage. Such signage and graphics for

The use of trees, shrubs, and vines are encouraged along the perimeter of the structure.

parking structures shall be consistent, harmonious and visually related through the incorporation of common design elements.

B.

Exterior signs shall be consistent with any master sign program on the property.

C.

Directional arrows and signage indicating exits, elevators, and emergency buzzers/telephones must be visibly displayed on walls.

D.

Directional signage shall be provided at the ingress and egress to all parking structures to indicate permitted vehicular turning movements.

Directional signage in stairwells shall be provided to orient the pedestrian to adjacent activities and facilities.

(Ord. No. 2920, § 1, 2-10-09)

18.99.130 - Security. ¶

A.

Subterranean parking lots shall maintain lighting during all hours of operation. Vandal resistant covers shall protect lighting devices.

B.

For public protection, parking structures shall be designed to facilitate public visibility into the structure to dissuade criminal activity.

C.

Surveillance cameras shall be installed along each level of the parking structure to discourage criminal activity. These cameras shall utilize web-based/DSL/Broadband technology, which can be viewed remotely by the Whittier Police Department. The storage of images shall be kept a minimum of thirty days after being taken and made available, upon request, to the Whittier Police Department.

D.

The parking structure shall be adequately secured when it is closed for parking to prevent unauthorized trespassing and to discourage criminal activity.

E.

"No Loitering" signs shall be placed at the entrance into the parking structure and on each parking level in a conspicuous public place.

F.

Garage stairwells at ground level shall be fully enclosed and designed to provide maximum interior visibility of the stairwell. The enclosure shall be equipped with a control in/free out form of access control when residential parking spaces are to be located within the parking garage.

(Ord. No. 2920, § 1, 2-10-09)

18.99.140 - Miscellaneous. ¶

A.

Activities such as shops, offices, or other commercial space can be incorporated along the ground level of the parking structure, where appropriate, or as liner buildings that are designed for retail, office or residential use, if appropriately zoned to do so.

==> picture [204 x 135] intentionally omitted <==

Parking structure with retail on the ground level can be articulated in a manner to lessen the appearance or mass and bulk.

B.

Trash enclosures shall not be placed adjacent to points of pedestrian or vehicular access. All trash enclosures located within the footprint of the parking structure must be fully enclosed with view obscuring, durable, metal gates.

C.

Each new parking structure is encouraged to incorporate design features that are environmentally friendly (i.e., shade structures, motion light sensors, energy cells, etc.) and aesthetically compatible with the building design.

(Ord. No. 2920, § 1, 2-10-09)

Percentage of Moderate-Income Units Provided Within the Development	Qualifed Density Bonus Percentage Within the Development
10	5
11	6
12	7
---	---
13	8
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

Percentage of Very Low-Income Units	Qualifed Density Bonus Percentage Within the Development
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

Percentage of Moderate-Income Units Provided Within the Development	Qualifed Density Bonus Percentage Within the Development
10	5
11	6
12	7
---	---
13	8
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

Percentage of Very Low-Income Units	Qualifed Density Bonus Percentage Within the Development
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

Percentage of Moderate-Income Units Provided Within the Development	Qualifed Density Bonus Percentage Within the Development
10	5
11	6
12	7
---	---
13	8
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

Percentage of Very Low-Income Units	Qualifed Density Bonus Percentage Within the Development
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35