Chapter 17.51
PROPERTY DEVELOPMENT STANDARDS—ALL ZONES

Sections:

17.51.010    Development Impact Fees.

17.51.020    Hillside Development.

17.51.030    Landscaping and Irrigation Standards.

17.51.035    Noise Standards.

17.51.040    Oak Tree Preservation.

17.51.050    Outdoor Lighting Standards.

17.51.060    Parking Standards.

17.51.070    Road Dedication, Improvements and Other Requirements.

17.51.080    Sign Regulations (Private Property).

17.51.010 Development Impact Fees.

Subsections:

A.    Jurisdictional Pass-Through Fees.

B.    Law Enforcement Facilities Fee.

C.    Library Facilities and Technology Mitigation Fee.

D.    Major Bridge and Thoroughfare Fees.

E.    Parkland Dedication or In-Lieu Fee.

F.    Transit Facilities Mitigation Fee.

A.    Jurisdictional Pass-Through Fees. The purpose of this subsection is to establish that from time to time the Council will adopt resolutions that will enable the City to collect mitigation fees for non-City agencies to implement goals and policies of the General Plan which includes goals and policies to promote an equitable distribution of the costs and benefits of governmental actions; promote a distribution of population consistent with service system capacity and resource availability; seek to maintain a balance between increased intensity of development and the capacity of needed public facilities; and give priority to upgrading existing public facilities in areas lacking adequate facilities. The Los Angeles County Fire Facilities Mitigation Fee is an example of a pass-through fee.

B.    Law Enforcement Facilities Fee.

1.    Purpose. The purpose of this subsection is:

a.    To implement goals and policies of the General Plan which includes goals and policies to promote an equitable distribution of the costs and benefits of governmental actions; promote a distribution of population consistent with service system capacity and resource availability; seek to maintain a balance between the need for public facilities; and give priority to upgrading existing public facilities in areas lacking adequate facilities;

b.    To mitigate adverse impacts due to the inadequacy of law enforcement facilities that might otherwise occur due to new development; and

c.    To comply with the procedures for adoption of developer fees contained in the Mitigation Fee Act (Section 66000 et seq. of the State Government Code).

2.    Establishment of Law Enforcement Facilities Mitigation Fee.

a.    This subsection establishes a law enforcement facilities mitigation fee. The amount of the fee to be imposed on a new residential, commercial, office, and/or industrial development shall not exceed the estimated reasonable cost of providing law enforcement facilities for such residential, commercial, office, and/or industrial development projects.

b.    The law enforcement facilities mitigation fee shall be a uniform fee within the City based on the estimated cost of providing the projected law enforcement facility needs.

3.    Annual Review of Fee.

a.    The amount of the fees established by subsection (B)(2) of this section shall be reviewed annually by the Council, in consultation with the Sheriff. Each year, the law enforcement facilities fee shall be adjusted based on the Consumer Price Index (CPI) as determined by the Council and the fee shall adjust by said percentage amount and round to the nearest dollar. No adjustment shall result in a fee that is greater than the amount necessary to recover the cost of providing the applicable law enforcement facilities.

b.    If it is determined that the reasonable amount necessary to recover the cost of providing the law enforcement facilities exceeds the fee as adjusted by subsection (B)(3)(a) of this section, an alternative fee proposal may be presented to the Council for consideration. Such alternative fee proposal may reflect changes in the actual cost of completed law enforcement facilities projects or, if such projects have not been completed, then the estimated cost of the proposed law enforcement facilities. The proposal may also reflect changes in the law enforcement facilities proposed as well as the availability or lack of other funds with which to provide such facilities.

c.    An alternative fee proposal may be presented to the Council for approval as may be necessary to insure that the law enforcement facilities mitigation fee is a fair and equitable method of distributing the costs of the law enforcement facilities necessary to accommodate the law enforcement needs generated by the development of land in the City.

4.    Applicability.

a.    The provisions of this subsection shall apply to new development projects including any new tract map, parcel map, discretionary permit, building permit, other land use permit, or other entitlement for a new development which requires approval by the City resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy to construct or change the use of a building, or property for residential, commercial, office, and/or industrial use shall be approved unless payment of the law enforcement facilities mitigation fee is made a condition of approval for any such entitlement.

b.    Additionally, the fees provided for in this subsection shall be imposed upon a lot which has been previously improved with a building unit whenever a building permit is issued for a new building unit on an adjoining lot under common ownership and which new unit constitutes, in effect, an addition of one thousand (1,000) square feet, or more, when constructed, or an expansion of use of the previously improved parcel. Such fee shall be calculated upon the total square footage of new construction and paid by every person or entity for which a building permit is issued.

5.    Time of Payment of Fee.

a.    No building or similar permit for any new development project shall be issued until the applicant has paid the applicable law enforcement facilities mitigation fee to the City. In the event that an applicant desires to proceed only with development of a portion of the development project, the applicant may obtain building permits for that portion of the project after paying a proportional share of the total law enforcement facilities mitigation fee for the project to the satisfaction of the City.

b.    Notwithstanding the provisions of subsection (B)(5)(a) of this section, payment of the law enforcement facilities mitigation fee for projects for occupancy by lower income households meeting the criteria set forth in Section 66007(b)(2)(A) of the State Government Code shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first unit in the development, whichever occurs first. Where payment of the fees may only be collected on the date of final inspection or the date the certificate of occupancy is issued as provided in this subsection, execution of an agreement to pay the required fee or applicable portion thereof within the time specified herein shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in Section 66007 of the State Government Code.

6.    Exemptions from Fee. The following shall be exempt from the provisions of this subsection:

a.    Notwithstanding the provisions of subsection (B)(4)(a) of this section, additions to residential structures that are less than two thousand (2,000) square feet in size shall not be subject to the fees otherwise required by this section.

b.    No fee imposed by this subsection shall be imposed upon the issuance of building permit for the restoration of existing buildings, or buildings damaged by fire, or natural disasters such as earthquake, wind, or flood, where the replaced building, or portion thereof, does not exceed the original gross floor area. For purposes of this subsection, “gross floor area” shall be determined by the City Engineer or his designee, and excludes accessory structures such as decks, patios, barns, sheds, and kiosks.

7.    Deposit and Use of Fees Collected. All law enforcement facilities mitigation fees received by the City shall be deposited in a special law enforcement capital facilities fund and expended solely for the purposes for which the fee was collected. A separate law enforcement capital facilities fund account shall be established for each of the three (3) law enforcement facilities fee zones. All funds from the imposition of fees provided herein shall be deposited into such accounts to be used exclusively for the purpose of land acquisition, engineering, construction, installation, purchasing, or any other direct cost of providing law enforcement facilities and for no other purpose. All interest income earned shall be credited to each account, and shall be used solely for the purposes for which the fee was collected.

8.    Consideration in Lieu of Fee.

a.    The City may accept substitute consideration in lieu of the law enforcement facilities mitigation fee required pursuant to this section, provided the City finds that the proposed substitute consideration:

i.    Has a value equal to or greater than the applicable law enforcement facilities mitigation fee otherwise due;

ii.    Is in a form acceptable to the City; and

iii.    Is within the scope of the applicable law enforcement facilities project.

b.    The City may accept substitute consideration in lieu of a portion of the law enforcement facilities mitigation fee required pursuant to this section where they find that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the City and is within the scope of the applicable law enforcement facilities project. Such substitute consideration may be accepted by the City only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the City, and the amount of the otherwise required fee.

9.    Reimbursement. The provisions of subsection (B)(8) of this section shall not prevent the execution of a reimbursement agreement between the City and a developer for that portion of the cost of law enforcement facilities paid by the developer which exceeds the need for the law enforcement facilities attributable to and reasonably related to the development.

10.    Alternative Method. This subsection is intended to establish an alternative method for the financing of public law enforcement facilities, the need for which is generated directly or indirectly by new development projects. The provisions of this subsection shall not be construed to limit the power of the City to utilize any other method for accomplishing this purpose, but shall be in addition to any other fees, or requirements which the Council is authorized to impose as a condition to approving new development pursuant to State and local laws.

C.    Library Facilities and Technology Mitigation Fee.

1.    No land use permit or entitlement for a residential use shall be approved unless payment of the library facilities and technology mitigation fee is made a condition of approval for any such entitlement.

2.    The library facilities and technology mitigation fee is established by separate resolution of the Council.

3.    The amount of the fee established shall be reviewed annually by the City. No adjustment shall increase or decrease the fee to an amount more or less than the amount necessary to recover the cost of providing the applicable library facilities.

4.    No building or similar permit for residential use shall be issued and no new residential use of an existing building shall occur until the applicant has paid the applicable library facilities and technology mitigation fee to the Building and Safety Division of the City. In the event that an applicant desires to proceed with development of a portion of the residential development project, the applicant may obtain building permits for that portion of the project after paying a proportional share of the total library facilities and technology fee for the project to the satisfaction of the Director.

5.    The provisions above shall apply to payment of the library facilities and technology mitigation fee for a residential development project if the fee will reimburse the City for expenditures already made, or if the City has previously adopted a capital improvement plan or proposed construction schedule and has established an account and appropriated funds for the library facilities to be financed by the fee. In all other cases, notwithstanding the provisions of this section, payment of the fee for a residential development project shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first dwelling in the development, whichever occurs first. In such cases, execution of an agreement to pay the required fee or applicable portion thereof within the time specified herein shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in Government Code Section 66007.

6.    Additions or modifications to existing residential units; provided, that such additions or modifications do not increase the number of households that can be housed in such residential units, shall be exempt from the provisions of this section.

7.    All library facilities and technology fees received by the City shall be deposited in a special library capital facilities fund and expended solely for the purposes for which the fee was collected. A separate library capital facilities fund account shall be established by the City. All interest income earned shall be credited to the account and shall be used solely for the purposes for which the fee was collected.

8.    The City Manager or designee may accept substitute consideration in lieu of the library facilities fee required pursuant to this section, provided the City Manager or his or her designee finds that the proposed substitute consideration:

a.    Has a value equal to or greater than the applicable library facilities fee otherwise due;

b.    Is in a form acceptable to the City Manager or designee; and

c.    Is within the scope of the applicable library facilities project.

9.    The City Manager or designee may accept substitute consideration in lieu of a portion of the library facilities mitigation fee required pursuant to this section where the City Manager or designee finds that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the City and is within the scope of the applicable library facilities project. Such substitute consideration may be accepted by the City only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the City Manager or designee, and the amount of the otherwise required fee.

10.    The provision referenced in subsection (C)(9) of this section shall not prevent the execution of a reimbursement agreement between the City and a developer for that portion of the cost of library facilities paid by the developer which exceeds the need for the library facilities attributable to and reasonably related to the development.

11.    This section is intended to establish an alternative method for the financing of public library facilities, the need for which is generated directly or indirectly by a residential development project or projects. The provisions of this section shall not be construed to limit the power of the City to utilize any other method for accomplishing this purpose but shall be in addition to any other fees or requirements that the City is authorized to impose as a condition to approving new development pursuant to State and local laws.

D.    Major Bridge and Thoroughfare Fees.

1.    A subdivider, as a condition of approval of a final map for property within an area of benefit, or a building permit applicant, as a condition of issuance of a building permit for property within an area of benefit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways, freeways, and canyons, and/or constructing major thoroughfares.

2.    The provisions herein for payment of a fee shall apply only if the bridge and/or major thoroughfare has been included in an element of the General Plan adopted by the Council at least thirty (30) days prior to the filing of a map or application for a building permit on land located within the boundaries of the area of benefit.

3.    Payment of fees shall not be required unless any major thoroughfares are in addition to or a widening or reconstruction of any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

4.    Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

5.    Establishing a New Area of Benefit.

a.    Action to establish an area of benefit may be initiated by the Council upon its own motion or upon the recommendation of the City Engineer.

b.    The Council will set a public hearing for each proposed area benefited. Notice of the time and place of said hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment, shall be given pursuant to Section 65905 of the Government Code.

6.    Process for a New Area of Benefit.

a.    At the public hearing, the Council will consider the testimony, written protests and other evidence. At the conclusion of the public hearing, the Council may, unless a majority written protest is filed and not withdrawn, determine to establish an area of benefit. If established, the Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded with the County Recorder.

b.    Such apportioned fees shall be applicable to all property within the area of benefit, and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the Council shall make provision for payment of the share of improvement cost apportioned to such lands from other sources.

c.    Any written protest will be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half (1/2) of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half (1/2) of the area to be benefited, then the proposed proceedings shall be abandoned and the Council shall not, for one (1) year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protest may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing.

d.    If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one (1) year, but the Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection (D)(5) of this section.

e.    Nothing in this section shall prohibit the Council, which in such one (1) year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths (4/5) of its members, that the owners of more than one-half (1/2) of the area of the property to be benefited are in favor of going forward with such improvements or portion thereof.

7.    Fees paid pursuant to this section shall be deposited in a planned bridge facility and/or major thoroughfare fund. A fund shall be established for each planned bridge facility project and/or each planned major thoroughfare project. If the benefit area is one in which more than one (1) bridge and/or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects and/or major thoroughfares in the benefit area. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement.

8.    The Council may approve the acceptance of considerations in lieu of the payment of fees established herein.

9.    The Council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for such advances from planned bridge facility and/or major thoroughfare funds established pursuant to this section.

10.    If a subdivider, as a condition of approval of a subdivision, is required or desires to construct a bridge and/or major thoroughfare, the Council may enter into a reimbursement agreement with the subdivider. Such agreement may provide for payments to the subdivider from the bridge facility and/or major thoroughfare fund covering that specific project to reimburse the subdivider for costs not allocated to the subdivider’s property in the resolution establishing the area of benefit. If the bridge and/or major thoroughfare funds cover more than one (1) project, reimbursements shall be made on a pro rata basis, reflecting the actual or estimated costs of the projects covered by the fund.

11.    Except as otherwise provided in this document, a building or structure shall not be used on any lot or parcel of land, any portion of which is located within a major bridge or thoroughfare district established by the City, unless the required district fee has been paid as a condition of issuing a building permit.

12.    This fee does not apply to the use, alteration or enlargement of an existing building or structure or the erection of one (1) or more buildings or structures accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement or construction does not exceed one-half (1/2) of the current market value of existing buildings or structures on such lot or parcel of land.

E.    Parkland Dedication or In-Lieu Fee.

1.    Applicability. The provisions of this subsection shall govern:

a.    At the time of approval of a subdivision for a tentative tract map, tentative parcel map, or vesting map, the approving authority shall determine, pursuant to subsection (E)(5) of this section, the land required for dedication, in-lieu fee payment, or combination of both. As a condition of approval of a final map, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for neighborhood and community park or recreational purposes in accordance with the standards herein, the General Plan, and the formulas contained in this section. However, only the payment of fees shall be required in subdivisions of fifty (50) or fewer parcels, except that when a condominium project, stock cooperative or a community apartment project exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50);

b.    Any application for a building permit to construct or install one (1) or more multiple-family dwelling units on one (1) or more contiguous parcels of land;

c.    Any application for a land development permit to construct or install residential units in a mobilehome park or similar development on one (1) or more contiguous parcels of land.

2.    General Standard. It is found and determined that the public interest, convenience, health, welfare, and safety require that a minimum of three (3) acres of property for each one thousand (1,000) persons residing within this City be devoted to neighborhood and community park recreational purposes. The General Plan does state that a goal of five (5) acres of property for each one thousand (1,000) persons residing within this City be devoted to neighborhood and community park recreational purposes.

3.    General Procedural Requirements. Land dedicated shall be conveyed by grant deed in fee simple absolute to the City free and clear of all encumbrances, except those that do not interfere with the use of the property for park or recreational purposes. The developer shall provide all fees and instruments necessary to convey the land plus a preliminary title report and title insurance in favor of the City prior to approval of the parcel or final map. When fees are required, they shall be deposited with the City prior to the approval of the parcel or final map and shall be disposed of pursuant to subsection (E)(10) of this section.

4.    Determination of Land or Fee. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, the determination shall consider the following:

a.    The natural features, access, and location of land in the subdivision available for dedication;

b.    The size and shape of the subdivision and land available for dedication;

c.    The feasibility of dedication;

d.    The compatibility of dedication with the General Plan; and

e.    The location of existing and proposed park sites and trails. Nothing in this subsection shall be interpreted to prohibit, or limit in any manner, the City from determining the location and configuration of land to be dedicated.

The determination of the Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

5.    Formula for Dedication of Land. Where a park or recreation facility has been designated in the General Plan, and is to be located in whole or in part within the proposed subdivision or other project site to serve the immediate and future needs of the residents of the subdivision and/or project, the developer shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula:

Average number of persons/unit*
X

3 acres per 1,000 persons (5 acres per 1,000 persons is encouraged)
X

Number of dwelling units

= minimum acreage dedication

*    Persons per dwelling unit: The average number of persons per unit shall be as determined by the latest State Department of Finance (DOF) population and housing estimates for the planning area.

The developer shall, in addition to the dedicated land required by this section, and to the satisfaction of the Director of Parks, Recreation and Community Services, provide the following non-park and residential improvements as may be required by the conditions of approval for the project:

a.    Full street improvements and utility connections including, but not limited to, curbs, gutters, grading, walkways and walkway lighting, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this subsection;

b.    Fencing or walls, subject to the approval of the Director of Parks, Recreation and Community Services, along the property line of that portion of the subdivision contiguous to the dedicated land; and

c.    Improved drainage throughout the site.

The land to be dedicated and the improvements to be made pursuant to this section shall be subject to the satisfaction of the Director of Parks, Recreation and Community Services and shall conform to the City’s guidelines for park dedications.

The developer may provide, subject to City approval, park and recreational amenities such as automatic irrigation systems, lawns, and/or play equipment as long as a credit is provided to the developer consistent with subsection (E)(12) of this section.

6.    Criteria for Requiring Both Dedication and Fee. In subdivisions of more than fifty (50) parcels, or the construction of fifty (50) new multifamily units or the placement of fifty (50) additional mobilehomes, the developer may be required by the City to satisfy the park requirement through a combination of both land dedication and payment of a fee in accordance with the following formula:

a.    When only a portion of the land to be subdivided is proposed on the General Plan, as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of subsection (E)(8) of this section shall be paid for the value of any additional land reasonably required to provide park or recreational facilities to serve the subdivision, plus twenty percent (20%) toward costs of off-site improvements that would have been required to be dedicated pursuant to subsection (E)(5) of this section.

b.    When a major part of the local park or recreation site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated and a fee computed pursuant to the provisions of subsection (E)(8) of this section. The fee shall be paid in an amount equal to the value of the land which would have otherwise been required to be dedicated pursuant to subsection (E)(5) of this section, plus twenty percent (20%) toward the cost of off-site improvements, which would have otherwise been required to be dedicated pursuant to subsection (E)(12) of this section (Developer Provided Park and Recreation Improvements). The fees shall be used for the improvement of the existing park and recreation facility or for the improvement of other local parks and recreation facilities in the planning area serving the subdivision.

7.    Amount of Fee in Lieu of Land Dedication. When a fee is to be paid in lieu of land dedication, the value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to subsection (E)(5) of this section plus twenty percent (20%) toward the cost of off-site improvements, such as extension of utility lines. The fee shall be determined by the following formula:

DU

x

Population Per DU

x

3 acres

1,000 people

(5 acres per 1,000 persons is encouraged)

x

FMV

Buildable acres

= subtotal x 6/5 =

in lieu fee

DU = the number of new dwelling units based upon the number of residential units indicated on the final map or development plan when it is recorded and when in an area zoned for one (1) dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one (1) dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. In the case of a residential development without a subdivision, the number of dwelling units shall be that number of new dwelling units that is approved with the project approval. The term “new dwelling unit” does not include dwelling units lawfully in place prior to the date on which the parcel or final map or development plan is filed.

Population = Population per dwelling unit.

FMV = Fair market value, as determined by subsection (E)(8) of this section.

Buildable acres = A typical acre of the project site, with a slope less than three percent (3%), and located in an area where building is not excluded because of flooding, easements, or other restrictions.

8.    Determination of Fair Market Value.

a.    If it is determined by the City that a fee is to be paid in lieu of dedication of land, the amount of the fee shall be based on the fair market value of the amount of land which would otherwise be required to be dedicated. The amount shall be determined in accordance with the following formula: number of acres of land that would otherwise be required to be dedicated multiplied by the average fair market value of an acre of land within the residential development.

b.    Computation of the average fair market value of an acre of land within the residential development shall be consistent with the zoning of the property at the time the application for a building permit is approved by the City, and shall be based on the following procedure:

i.    The City and the developer may negotiate and thereafter agree as to the average fair market value;

ii.    If agreement cannot be reached, a developer may, at its own expense, obtain an appraisal of the land by a certified Member of Appraisal Institute (MAI) real estate appraiser, which appraisal may be accepted by the City if found to be reasonable; or

iii.    If the City is not satisfied with the developer’s appraisal, it may cause an appraisal to be made of the land by an MAI appraiser, for which the developer pays, which appraisal shall utilize generally accepted and recognized methods of real estate appraisal.

c.    Unless a developer retains its own appraiser, the City’s initial determination of average fair market value, as provided for in subsection (E)(8)(a) of this section, shall be final and conclusive. If the City does not accept a developer’s appraisal, its subsequent appraisal, pursuant to subsection (E)(8)(b)(iii) of this section, shall be final and conclusive.

9.    Credit for Private Open Space. Credit shall not be given for private open space in the subdivision or project site except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development, real estate development, stock cooperative, community apartment project, or condominium project as defined in Section 11003 et seq. of the Business and Professions Code, partial credit, not to exceed thirty percent (30%), shall be given against the requirement of land dedication or payment of fees in lieu thereof. Credit shall only be given when the approving authority finds that it is in the public interest to do so and that all the following standards are met:

a.    Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

b.    The private open land and private park and recreation facilities thereon shall be owned by the developer or a homeowners’ association composed of all property owners in the subdivision and incorporated as a nonprofit mutual benefit organization under State law, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities;

c.    Use of the private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City or its successor and which are submitted to the City prior to the approval of the parcel or final map or building permit;

d.    The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;

e.    Facilities proposed for the open space are in substantial accordance with the provisions of the General Plan; and

f.    The amount of the credit may be based on the commitment of the developer to install on the private open space any of the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:

i.    Recreational open spaces, which are generally defined as parks areas for active recreation pursuits, such as soccer, golf, baseball, softball, and football, and have at least three (3) acres of maintained turf with less than three percent (3%) slope.

ii.    Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development.

iii.    Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games.

iv.    Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, turfed area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of not less than fifteen (15) square feet of water surface area for each three percent (3%) of the population of the development with a minimum of eight hundred (800) square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.

10.    Disposition of Fees. Fees determined pursuant to subsection (E)(7) of this section shall be paid to the City and deposited into the account for the purchase or development of parklands or its successor. Money in said account, including accrued interest, shall be expended solely for the acquisition or development of park land, or improvements related thereto or rehabilitating existing park or recreational facilities within the planning area. If the development project is rejected or withdrawn, the fees shall be returned without interest to the applicant.

The City shall use the collected fees for park or recreational purposes to serve residents of the project site and planning area within five (5) years upon receipt of payment or within five (5) years after the issuance of building permits on one-half (1/2) of the units created by the subdivision, whichever occurs later. If the fees are not so committed, they shall be distributed and paid to the then record owners of the subdivision or the project site in the same proportion that the size of their parcel bears to the total area of all parcels in the project.

The Director of Administrative Services shall report to the Council at least annually on income, expenditures, and status of the parkland trust fund.

11.    Exemptions. Subdivisions containing less than five (5) parcels and not used for residential purpose shall be exempted from the requirements of this section; provided, however, that a condition shall be placed on the approval of a tentative parcel map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years after the map is approved, a fee may be required to be paid by the owner of each parcel as a condition to the issuance of such building permit.

The provisions of this section do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives, which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.

12.    Developer Provided Park and Recreation Improvements. The value of any park improvements together with any equipment provided by the developer to the dedicated land, with the exception of those non-park and recreational improvements required as conditions of approval shall be credited against the fees or dedication of land required by this section. The approving authority reserves the right to approve the park and recreation improvements and equipment prior to agreeing to accept the dedication of land and to require in-lieu-fee payments should the land and improvements be unacceptable.

13.    City to Accept Land and Fees. Land or fees required under this section shall be conveyed or paid directly to the City. The City shall develop and make available for public inspection a schedule specifying how, when and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the project site and planning area.

14.    Access. All land offered for dedication to local park or recreational purposes shall have access to at least one (1) existing or proposed public street. The approving authority may waive this requirement if it determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

15.    Sale of Dedicated Land. If, during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the project site and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold or exchanged upon the approval of the Council with the resultant proceeds from the sale, if applicable, being used for purchase of the more suitable site.

F.    Transit Facilities Mitigation Fee.

1.    Purpose. The purpose of this subsection is:

a.    To implement goals and policies of the General Plan which includes goals and policies to promote an equitable distribution of the costs and benefits of governmental actions; promote a distribution of population consistent with service system capacity and resource availability; seek to maintain a balance between increased intensity of development and the capacity of needed public facilities; and give priority to upgrading existing public facilities in areas lacking adequate facilities;

b.    To mitigate adverse impacts due to the inadequacy of transit facilities that might otherwise occur due to new residential development; and

c.    To comply with the procedures for adoption of developer fees contained in the Mitigation Fee Act (Section 66000 et seq. of the State Government Code).

2.    Establishment of Transit Facilities Mitigation Fee.

a.    This subsection establishes a transit facilities mitigation fee. The amount of the fee to be imposed on a new residential development shall not exceed the estimated reasonable cost of providing transit facilities for such residential development projects.

b.    The transit facilities mitigation fee shall be a uniform fee within the City zone based on the estimated cost of providing the projected transit facility needs.

3.    Annual Review of Fee.

a.    The amount of the fees established by subsection (F)(2) of this section shall be reviewed annually by the Council. Each year, the transit facilities fee shall be adjusted based on the Consumer Price Index (CPI) as determined by the Council and the fee shall adjust by said percentage amount and round to the nearest dollar. No adjustment shall result in a fee that is greater than the amount necessary to recover the cost of providing the applicable transit facilities.

b.    If it is determined that the reasonable amount necessary to recover the cost of providing the transit facilities exceeds the fee as adjusted by subsection (F)(3)(a) of this section, an alternative fee proposal may be presented to the Council for consideration. Such alternative fee proposal may reflect changes in the actual cost of completed transit facilities projects or, if such projects have not been completed, then the estimated cost of the proposed transit facilities. The proposal may also reflect changes in the transit facilities proposed as well as the availability or lack of other funds with which to provide such facilities.

c.    An alternative fee proposal may be presented to the Council for approval as may be necessary to insure that the transit facilities mitigation fee is a fair and equitable method of distributing the costs of the transit facilities necessary to accommodate the transit needs generated by the development of land in the City.

4.    Applicability.

a.    The provisions of this section shall apply to new residential development projects including any new tract map, parcel map, discretionary permit, building permit, other land use permit, or other entitlement for a new development which requires approval by the City resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy to construct or change the use of a building, or property for residential, commercial, office, and/or industrial use shall be approved unless payment of the transit facilities mitigation fee is made a condition of approval for any such entitlement.

b.    Additionally, the fees provided for in this section shall be imposed upon a lot which has been previously improved with a building unit whenever a building permit is issued for a new building unit on an adjoining lot under common ownership and which new unit constitutes, in effect, an addition of two thousand (2,000) square feet, or more, when constructed, or an expansion of use of the previously improved parcel. Such fee shall be calculated upon the total square footage of new construction and paid by every person or entity for which a building permit is issued.

5.    Time of Payment of Fee.

a.    No building or similar permit for any new residential development project shall be issued until the applicant has paid the applicable transit facilities mitigation fee to the City. In the event that an applicant desires to proceed only with development of a portion of the development project, the applicant may obtain building permits for that portion of the project after paying a proportional share of the total transit facilities mitigation fee for the project to the satisfaction of the City.

b.    Notwithstanding the provisions of subsection (F)(5)(a) of this section, payment of the transit facilities mitigation fee for projects for occupancy by lower income households meeting the criteria set forth in Section 66007(b)(2)(A) of the State Government Code shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first unit in the development, whichever occurs first. Where payment of the fees may only be collected on the date of final inspection or the date the certificate of occupancy is issued as provided in this subsection, execution of an agreement to pay the required fee or applicable portion thereof within the time specified herein shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in Section 66007 of the State Government Code.

6.    Exemptions from Fee. The following shall be exempt from the provisions of this subsection:

a.    Notwithstanding the provisions of subsection (F)(4)(a) of this section, additions to residential structures that are less than two thousand (2,000) square feet in size shall not be subject to the fees otherwise required by this section.

b.    No fee imposed by this section shall be imposed upon the issuance of building permit for the restoration of existing buildings, or buildings damaged by fire, or natural disasters such as earthquake, wind, or flood, where the replaced building, or portion thereof, does not exceed the original gross floor area. For purposes of this subsection, “gross floor area” shall be determined by the City Engineer, or his designee, and excludes accessory structures such as decks, patios, barns, sheds, and kiosks.

7.    Deposit and Use of Fees Collected. All transit facilities mitigation fees received by the City shall be deposited in a special transit capital facilities fund and expended solely for the purposes for which the fee was collected. A separate transit capital facilities fund account shall be established for each of the three (3) transit facilities fee zones. All funds from the imposition of fees provided herein shall be deposited into such accounts to be used exclusively for the purpose of land acquisition, engineering, construction, installation, purchasing, or any other direct cost of providing transit facilities and for no other purpose. All interest income earned shall be credited to each account, and shall be used solely for the purposes for which the fee was collected.

8.    Consideration in Lieu of Fee.

a.    The City may accept substitute consideration in lieu of the transit facilities mitigation fee required pursuant to this subsection, provided the City finds that the proposed substitute consideration:

i.    Has a value equal to or greater than the applicable transit facilities mitigation fee otherwise due;

ii.    Is in a form acceptable to the City; and

iii.    Is within the scope of the applicable transit facilities project.

b.    The City may accept substitute consideration in lieu of a portion of the transit facilities mitigation fee required pursuant to this section where they find that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the City and is within the scope of the applicable transit facilities project. Such substitute consideration may be accepted by the City only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the City, and the amount of the otherwise required fee.

9.    Reimbursement. The provisions of subsection (F)(8) of this section shall not prevent the execution of a reimbursement agreement between the City and a developer for that portion of the cost of transit facilities paid by the developer which exceeds the need for the transit facilities attributable to and reasonably related to the development.

10.    Alternative Method. This subsection is intended to establish an alternative method for the financing of public transit facilities, the need for which is generated directly or indirectly by new development projects. The provisions of this subsection shall not be construed to limit the power of the City to utilize any other method for accomplishing this purpose, but shall be in addition to any other fees, or requirements which the Council is authorized to impose as a condition to approving new development pursuant to State and local laws. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.51.020 Hillside Development.

Subsections:

A.    Purpose.

B.    Maximum Density.

C.    Development Standards for Hillside Development Review.

D.    Plan Certification.

A.    Purpose. The provisions of this section are intended to implement and define the goals and policies of the General Plan in relation to land use, densities, open space and community image. It is the intent of this section to regulate the development and alteration of hillside areas, to minimize the adverse effects of hillside development and to provide for the safety and welfare of the citizens of the City of Santa Clarita while allowing for the reasonable development of hillside areas through the following methods:

1.    Provide hillside development standards to maximize the positive impacts of site design, grading, landscape architecture and building architecture, and provide development consistent with the goals and policies of the General Plan.

2.    Maintain the essential natural characteristics of the area such as major landforms, vegetation and wildlife communities, hydrologic features, scenic qualities and open space that contribute to a sense of place.

3.    Retain the integrity of predominant off-site and on-site views in hillside areas in order to maintain the identity, image and environmental quality of the City.

B.    Maximum Density. For each of the slope categories identified, there shall be a corresponding maximum allowable density. The following chart, Figure 17.51-1 (Density and Ratio Change with Percentage of Slope Density), identifies density categories for Urban Residential, Non-Urban, Commercial/Industrial, and Mixed Use zones. The necessary reduction in density to maintain a similar pad and product type as the slope increases has been shown on the chart. The densities identified in Figure 17.51-1 (Density and Ratio Change with Percentage of Slope Density) are the maximum allowable and conform to all other standards and criteria of this section.

Figure 17.51-1 

Density and Ratio Change with Percentage of Slope Density

(in dwelling units/acre)

Ave. Slope

UR5/MXC

UR4/MXN

UR3

UR2

UR1

NU5

NU4

Ave. Slope

C/I

10%

30.00

18.00

11.00

5.00

2.00

1.00

0.50

10%

100%

11%

29.40

17.64

10.73

4.88

1.96

0.98

0.49

11%

98%

12%

28.50

17.10

10.45

4.75

1.90

0.95

0.48

12%

95%

13%

27.90

16.74

10.18

4.63

1.86

0.93

0.47

13%

93%

14%

27.00

16.20

9.90

4.50

1.80

0.90

0.45

14%

90%

15%

26.40

15.84

9.63

4.38

1.76

0.88

0.44

15%

88%

16%

25.50

15.30

9.35

4.25

1.70

0.85

0.43

16%

85%

17%

24.90

14.94

9.08

4.13

1.66

0.83

0.42

17%

83%

18%

24.00

14.40

8.80

4.00

1.60

0.80

0.40

18%

80%

19%

23.40

14.04

8.53

3.88

1.56

0.78

0.39

19%

78%

20%

22.50

13.50

8.25

3.75

1.50

0.75

0.38

20%

75%

21%

21.90

13.14

7.98

3.63

1.46

0.73

0.37

21%

73%

22%

21.00

12.60

7.70

3.50

1.40

0.70

0.35

22%

70%

23%

20.40

12.24

7.43

3.38

1.36

0.68

0.34

23%

68%

24%

19.50

11.70

7.15

3.25

1.30

0.65

0.33

24%

65%

25%

18.90

11.34

6.88

3.13

1.26

0.63

0.32

25%

63%

26%

18.00

10.80

6.60

3.00

1.20

0.60

0.30

26%

60%

27%

17.40

10.44

6.33

2.88

1.16

0.58

0.29

27%

58%

28%

16.50

9.90

6.05

2.75

1.10

0.55

0.28

28%

55%

29%

15.90

9.54

5.78

2.63

1.06

0.53

0.26

29%

53%

30%

15.00

9.00

5.50

2.50

1.00

0.50

0.25

30%

50%

31%

14.40

8.64

5.23

2.38

0.96

0.48

0.24

31%

48%

32%

13.50

8.10

4.95

2.25

0.90

0.45

0.23

32%

45%

33%

12.90

7.74

4.68

2.13

0.86

0.43

0.21

33%

43%

34%

12.00

7.20

4.40

2.00

0.80

0.40

0.20

34%

40%

35%

11.40

6.84

4.13

1.88

0.76

0.38

0.19

35%

38%

36%

10.50

6.30

3.85

1.75

0.70

0.35

0.18

36%

35%

37%

9.90

5.94

3.58

1.63

0.66

0.33

0.16

37%

33%

38%

9.00

5.40

3.30

1.50

0.60

0.30

0.15

38%

30%

39%

8.40

5.04

3.03

1.38

0.56

0.28

0.14

39%

28%

40%

7.50

4.50

2.75

1.25

0.50

0.25

0.13

40%

25%

41%

6.90

4.14

2.48

1.13

0.46

0.23

0.11

41%

23%

42%

6.00

3.60

2.20

1.00

0.40

0.20

0.10

42%

20%

43%

5.40

3.24

1.93

0.88

0.36

0.18

0.09

43%

18%

44%

4.50

2.70

1.65

0.75

0.30

0.15

0.08

44%

15%

45%

3.90

2.34

1.38

0.63

0.26

0.13

0.06

45%

13%

46%

3.00

1.80

1.10

0.50

0.20

0.10

0.05

46%

10%

47%

2.40

1.40

0.83

0.38

0.16

0.08

0.04

47%

8%

48%

1.50

0.90

0.55

0.25

0.10

0.05

0.03

48%

5%

49%

0.90

0.45

0.28

0.13

0.06

0.03

0.01

49%

3%

50%+

0.60

0.36

0.25

0.10

0.04

0.03

0.01

50%+

3%

1.    Density Criteria for Hillside Development Applications. Notwithstanding the density provisions of this section, all of the following conditions shall be met:

a.    The hillside development plan shall be in substantial compliance with all applicable provisions of this section and the Hillside Development Guidelines.

b.    The site plan shall be designed to locate or cluster development in slope areas of twenty-five percent (25%) or less; however, clustering of development in slope areas of twenty-five percent (25%) to fifty percent (50%) may be considered in limited locations and shall be in conformance with Section 17.68.020 (Cluster Developments).

c.    In no event shall the overall density exceed the density of the General Plan and zoning or the density provided in Figure 17.51-1 (Density and Ratio Change with Percentage of Slope Density), whichever is greater.

d.    The development shall not be located in an area containing the ridgeline preservation (RP) overlay zoning classification unless the project is in conformance with Section 17.38.070 (RP—Ridgeline Preservation Overlay Zone).

2.    Average Slope Calculation. Average slope shall be calculated by utilizing the following formula:

Average Cross Slope =

I x L x 0.0023

A

I = Contour Interval

L = Contour Length

0.0023 = Constant to Convert Square Feet to Acres and Slope to Percent

A = Acres in Site

The average slope shall be calculated as shown on the development plans certified by a California licensed engineer.

3.    Division of Area. Where there exists a dramatically different landform character in the topography of any one (1) site, the site may be divided into several distinct areas for purposes of slope determinations. An average density may be calculated separately for unique areas on site upon approval of the Director. For example, each of the areas shown in Figure 17.51-2 (Division of Area) (A, B and C) may calculate density requirements separately.

Figure 17.51-2

Division of Area

C.    Development Standards for Hillside Development Review. The development standards shall apply to any use, development or alteration of land included in these regulations.

1.    Hillside Classifications. Hillside categories have been identified by percentage of average slope in the following categories:

a.    Average slopes under ten percent (10%) are considered relatively flat and would not cause any conditions necessary for the implementation of this section.

b.    Projects with slopes which average ten percent (10%) or greater qualify for hillside plan review and shall be reviewed under the provisions of this section.

2.    Grading Design.

a.    No graded or cut embankment with a slope greater than two (2) feet horizontal to one (1) foot vertical shall be located adjacent to a publicly maintained right-of-way. The applicant shall provide suitable guarantees satisfactory to the review authority for landscaping and perpetual maintenance, at no cost to the City, of all slopes outside of the public right-of-way. Major public roads, such as those identified in the General Plan circulation element, may require slopes steeper than two to one (2:1). In such an event, slopes steeper than two to one (2:1) may be allowed; provided, that a geotechnical study is prepared verifying the feasibility of such slopes and approval of the City Engineer.

b.    The overall slope, height or grade of any cut or fill slope shall be developed to appear similar to the existing natural contours in scale with the natural terrain of the subject site.

i.    Building pads created in hillside areas should maintain rounded corners and conform to landforms within the site.

ii.    The shaping of building pads to conform to the landform or character of the topography is encouraged. Where grading is required, it should blend in with smooth transitioning, avoiding harsh or abrupt changes in topography, character, or type. Slopes should be rounded and contoured to blend with the natural topography unless this effort would diminish open space or significant natural features of the site.

iii.    Building pads in hillside areas are recommended to maintain a minimum pad frontage of forty (40) feet for single-family detached units as measured at the building setback. Greater pad depths may be required to be consistent with the characteristics of the subject property zone, the configuration of surrounding properties, and topographical constraints. Building pad width shall be measured at the building setback line.

c.    Where any cut or fill slope exceeds ten (10) feet in horizontal length, the horizontal contours of the slope shall be developed to appear similar to the existing natural contours.

d.    Grading shall be balanced on site whenever possible to avoid excessive cut and fill and to avoid import or export.

e.    Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas which will be immediately developed, resurfaced or landscaped shall be disturbed.

f.    No excavation or other earth disturbance shall be permitted on any hillside area prior to the issuance of a grading permit, with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. These trenches are to be properly backfilled and, in addition, erosion treatment shall be provided where slopes exceed twenty percent (20%).

3.    Architectural Standards. The purpose of establishing architectural design standards is to ensure quality development that blends with the hillside environment and to create neighborhoods that display harmonious and complementary architectural styles. To achieve hillside compatible development, the City recognizes the importance of having architectural design that incorporates rooflines and other building elements, which reflect the naturally occurring ridgeline silhouettes and topographical variations.

a.    Building Setbacks and Height. A variety of building and lot orientations shall be provided in order to encourage development suitable with the hillside character of the site.

b.    Top of Slope Setback. A minimum rear yard setback of fifteen (15) feet from top of slope and/or an average setback of fifteen (15) feet shall be provided from the edge of the pad where the structure is within public view. Setbacks and building heights shall be varied from the top of slopes as shown in Figure 17.51-3 (Top of Slope Setback).

Figure 17.51-3

Top of Slope Setback

c.    Building Height for New Subdivisions. A minimum of twenty-five percent (25%) of the units should be single story when situated in the public view from freeways, arterial roads and major public spaces. Where two (2) story units are utilized, the units shall be architecturally designed to provide varied vertical articulation and building massing.

i.    Structures shall be designed so the slope angle of the roof pitch is generally at or below the angle of the natural hillside or manufactured slope.

ii.    Views of significant visual features from public vistas such as ridges, as viewed from within and outside the hillside development, should be preserved. Buildings should be oriented to allow view opportunities. All significant public vistas or view corridors as seen from General Plan highways should be protected.

d.    Building Style. The use of hillside adaptive architecture shall be incorporated into the design of individual custom lots.

i.    Step building foundations may be required to minimize grading.

ii.    Grading shall be limited to driveway and footprint area of building.

iii.    Lot development should be sited on the least sensitive portions of the site to preserve landforms, vegetation and geotechnical features.

iv.    An architectural style shall be compatible with the hillside character, topography, and theme of the community.

v.    A variety of roof orientations and types which emphasize roof pitches reflecting the overall slope of the hillside shall be incorporated into the design of the development.

vi.    Enhanced architectural elevations where the front, rear or side of units face public view is required. The hilltop architecture of units will be restricted to avoid massive wall and monotonous patterns of building silhouettes.

vii.    The dimensions of a building parallel to the direction of the slope should be maximized in order to limit the amount of cut and fill and to better incorporate the residence to the natural terrain.

viii.    Terraced decks shall be identified and included with the application submittal requirements for plan approval. Terraced decks cannot be built outside of privacy walls or on slopes, which are a part of homeowners’ association’s common area unless such a deck is constructed as a common HOA amenity.

ix.    Buildings may be clustered to respect and adapt to the existing topography. Flexible siting techniques including varying the position of the structures and varying the sizes of lots should be utilized.

e.    Architectural Treatments. Architectural treatments on all exterior walls of any building shall be designed to avoid a monotonous or continuous facade of the exterior wall. One (1) continuous vertical or horizontal plane on the front and rear facade of any building is not permitted. Architectural features and details shall be located on all exterior walls of the building, including the rear and sides of the building. Buildings shall utilize wall articulation (i.e., insets, pop-outs, etc.) and roof orientation as a means to prevent massing.

f.    Finish Materials and Color. Building materials and colors shall be compatible with the natural setting. Exterior colors shall be limited to earth tones and indigenous materials to be incorporated into the design of the structures. The color, material and texture palette shall be reinforced with compatible landscaping.

g.    Fencing and Privacy Walls. Location and alignment of fences should conform to the natural topography of the area and be enhanced with landscaping.

i.    All fences and privacy walls adjacent to or visible from public roads or major public spaces shall be of decorative masonry or other approved materials which have a natural appearance and shall be a color that blends with the surrounding environment and complementary to the landscape. The applicant shall present illustrations and descriptions of fencing and wall materials as required by this section.

4.    Landscape Design.

a.    Landscape coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation. All landscaping shall be subject to the requirements of the Los Angeles County Fire Department in areas designated as a very high fire hazard severity zone.

i.    Plant material shall be selected according to compatible climatic, soil and ecological characteristics of the region.

ii.    All City-approved irrigation systems shall conform to Section 17.51.030 (Landscaping and Irrigation Standards) and be utilized for all landscaped slope areas and other impacted or planting areas.

iii.    Plant materials that require excessive water after becoming established shall be avoided. Native plant material or compatible, nonnative plant material shall be selected.

b.    The location of all existing trees of a six (6) inch circumference or greater, as measured four and one-half (4 1/2) feet from the ground, shall be shown on plans submitted for approval. The review authority shall designate all trees to be saved or removed. Oak trees are subject to Section 17.51.040 (Oak Tree Preservation).

c.    All cut and fill slopes shall be planted and irrigated with an automatic irrigation system to prevent erosion. All cut or fill slopes exceeding five (5) feet vertical height shall be planted with adequate plant material to protect the slope against erosion. Planting shall be in the ratio of at least one (1) shrub per one hundred (100) square feet of natural slope area and one (1) tree per one hundred fifty (150) square feet of actual slope area, with ground cover to completely cover the slope within six (6) months from planting. All plants shall be drought-resistant and shrubs shall be a minimum one (1) gallon size, unless hydroseeded. All trees shall be minimum five (5) gallon size. Slopes less than five (5) feet in height shall be planted in the ratio of at least one (1) shrub per one hundred fifty (150) square feet of natural slope area and one (1) tree per two hundred (200) square feet of actual slope area, with ground cover to cover the slopes completely within six (6) months of planting. However, the Director may require larger trees on a case-by-case basis. In addition, the Director may modify these requirements based upon the requirements of the Los Angeles County Fire Department.

d.    Access easement areas a minimum of five (5) feet wide shall be provided for uphill and downhill slope maintenance areas and should be located no more than one thousand (1,000) feet apart.

e.    Slope and Landscape Maintenance. Hillside subdivisions shall be designed so that the maximum slope maintenance responsibility for an individual residential homeowner shall not exceed thirty (30) feet vertical or sixty (60) feet of horizontal slope within each yard area. Any remaining slope area shall be incorporated into either an HOA or landscape maintenance district (LMD) common area parcels as appropriate, along with any necessary access easements as described in this subsection (C)(4). All common area landscaped slopes not included within a LMD shall be maintained by an HOA or a property owners’ association (POA) for the permanent maintenance of slopes and other areas. An HOA/POA should be required to establish a maintenance district with responsibility for landscape maintenance should the HOA disband. The City should retain development rights in such a maintenance district.

f.    A fuel modification plan shall be required by the Director and approved by the Los Angeles County Fire Department for all hillside plans within an area designated as a very high fire hazard severity zone. The Fire Department may require modifications to the landscaping requirements contained within this subsection.

g.    The project shall be designed to incorporate fire prevention and safety measures pursuant to the provisions of the Los Angeles County Fire Department and the Hillside Development Guidelines.

5.    Retaining Walls. The purpose and intent of establishing development standards for retaining walls in this section is to ensure that the application of retaining walls is aesthetically pleasing to the subject property and limited in quantity throughout a development.

a.    General Standards.

i.    The maximum length of any continuous retaining wall shall not be more than one hundred (100) linear feet.

ii.    Retaining walls may be used for the purpose of supporting cut slopes or containing fill material or for minimizing cut or fill slopes.

iii.    Slopes requiring retaining walls at heights greater than the maximum allowable shall be terraced to allow for landscaped areas. Such planting areas shall have a minimum horizontal width of four (4) feet of separation and be permanently landscaped.

b.    Height Standards.

i.    The height of the retaining wall shall be measured at the highest average ground level. In order to allow for variation in topography, the height of a required wall may vary in amount not to exceed the height of six (6) inches or one (1) course of block. All walls shall conform to the height limits of the underlying zone.

ii.    Retaining walls may be constructed at varying heights throughout a development.

(A)    Retaining walls constructed in the side yard area of a lot shall maintain a maximum retaining wall height of six (6) feet when viewed from adjacent right-of-way or properties; provided, that such wall does not extend into a required yard adjacent to a street as shown in Figure 17.51-4 (Retaining Wall Height).

(B)    Retaining walls constructed in the rear yard area of a lot shall maintain a maximum retaining wall height of eight (8) feet when viewed from adjacent right-of-way or properties.

(C)    If a greater wall height is desired than prescribed above, two (2) retaining walls at a maximum height of four (4) feet each shall be terraced with a minimum horizontal width of five (5) feet of separation as shown in Figure 17.51-5 (Terraced Retaining Walls). This landscape area shall contain appropriate vegetation to soften the visual impact of the combined walls. No more than two (2) terraces of retaining walls shall be permitted on one (1) manufactured slope.

(D)    Where a retaining wall contains a fill above the natural grade and is located within a required yard, the height of the retaining wall shall be considered as contributing to the permissible height of a fence or wall at that location. A non-view-obscuring fence up to three and one-half (3 1/2) feet in height may be erected at the top of the retaining wall for safety.

Figure 17.51-4

Retaining Wall Height

Figure 17.51-5

Terraced Retaining Walls

iii.    Walls and fences not exceeding six (6) feet in height and not in a required front or street adjacent side yard, are permitted adjacent to structures in order to provide a private outdoor area. A minimum flat area from top or toe of slope of three (3) feet shall be maintained to face of wall on common area maintenance slopes with slope heights of thirty (30) feet or greater. All fences which are adjacent to or visible from public roads or major public spaces shall be of decorative materials as identified or other approved materials with minimum five (5) foot landscape area on the street side of the wall or fence as shown in Figure 17.51-6 (Top of Slope Wall) and Figure 17.51-7 (Bottom of Slope Wall).

Figure 17.51-6

Top of Slope Wall

Figure 17.51-7

Bottom of Slope Wall

c.    Walls Exceeding Six (6) Feet in Height. The use of crib walls, Loffelstein walls, and other similar living wall systems that allow for landscaping opportunities with planting pockets and stepped designs is acceptable. Loffelstein walls and similar living wall systems retain large amounts of earth while providing planting pockets for landscaping. Once landscaping matures, the wall will be masked and have a softer appearance than a hardscape wall surface. Such wall shall be subject to the following development standards:

i.    Such walls shall utilize a curvilinear slope pattern consistent with the appearance of the natural hillside terrain.

ii.    Such walls shall be planted with landscape material suitable for the climate and wall exposure relative to the sun.

iii.    The landscape aesthetic effect to be achieved by the overall development shall be emphasized and considered.

iv.    The color palette and materials selected for the retaining wall shall blend in with the adjacent hillsides and landscape plant palette.

d.    Contour Construction and Wall Materials.

i.    Retaining walls shall follow the natural contours of the slope.

ii.    All materials used to construct the retaining wall(s) shall consist of native stone, poured-in-place concrete, precast concrete block, color treated, textured or veneered to blend in with the surrounding natural colors and textures of the existing landscape and native plant materials.

6.    Corrective Work. Nothing in this section shall prohibit the Director from authorizing grading deemed necessary to correct natural, hazardous conditions that are brought to the City’s attention, in which case the applicant will investigate possible alternatives with subsequent review by the Director, Commission or Council.

D.    Plan Certification.

1.    Grading Plan Certification. Upon completion of rough grading work and prior to any excavation for foundations or structures, an as-graded plan prepared and certified by the licensed civil engineer who prepared the approved grading plans shall be submitted to the Community Development and Public Works Departments for review and approval. The as-graded plans shall include original ground surface elevations, as-graded surface elevations and all other features that were a part of the approved grading plan. The engineer shall provide certification on the as-graded plan that the work was done in accordance with the approved grading plan and the City’s grading requirements.

2.    Landscape Plan Certification. Landscape and irrigation plans shall be prepared by a licensed landscape architect and shall be submitted to and approved by the Director. A licensed landscape architect shall certify that the planting plans comply with Section 17.51.030 (Landscaping and Irrigation Standards). (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13)

17.51.030 Landscaping and Irrigation Standards.

Subsections:

A.    Purpose.

B.    Applicability.

C.    Landscape Standards.

D.    Tree Retention.

E.    Maintenance of Landscaping.

A.    Purpose. The specific purpose of this section is to:

1.    Encourage quality landscape designs;

2.    Enhance the appearance of all development by requiring the design, installation, and proper maintenance of landscaping and by providing standards relating to the quality, quantity, and functional aspects of landscaping and landscape screening;

3.    Conserve energy by the provision of shade trees over streets, sidewalks, parking areas and other paving;

4.    Ensure that new landscaping would be consistent with any applicable design guidelines and that important resources (e.g., specimen trees and oak trees) are retained;

5.    Protect public health, safety, and welfare by minimizing the impact of various forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of existing residential neighborhoods, and enhancing pedestrian and vehicular traffic and safety;

6.    Encourage the protection of landmark, native, and specimen trees;

7.    Encourage the efficient use of water through appropriate low-water-using plant materials, water conserving irrigation design, and regular maintenance of landscaped areas;

8.    Encourage the appropriate design, installation, maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes;

9.    Promote the conservation of potable water by maximizing the use of recycled water and other water conserving technology for appropriate applications; and

10.    Adopt and conform to the State mandated Model Water Efficient Landscape Ordinance as required by Government Code Section 65595 and as published at 23 California Code of Regulations 490, et seq.

B.    Applicability.

1.    All projects that require approval of either an administrative land use permit or a discretionary land use permit shall provide and maintain landscape in compliance with the provisions of this section. Applicants for such projects shall submit landscape and irrigation plans per Section 17.23.150 (Landscape Plan Review).

2.    All projects that require landscape and irrigation plan review as required by the Model Water Efficient Landscape Ordinance shall comply with 23 California Code of Regulations Sections 490, et seq. Applicants for such projects shall submit landscape and irrigation plans compliant with the Model Water Efficient Landscape Ordinance.

C.    Landscape Standards. Landscape areas and materials for commercial, industrial, hillside, mixed use and multifamily projects shall be designed, installed, and properly maintained in compliance with the following requirements:

1.    General Design Standards. The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans.

a.    Landscaping shall be planned as an integral part of the overall project.

b.    Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas.

c.    Landscaped areas shall not be less than five (5) feet in width.

d.    For nonresidential projects, landscape adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of a minimum six (6) inch high and six (6) inch wide concrete curb or other suitable type of barrier as approved by the Director.

e.    Shade trees shall be incorporated in areas around buildings and within parking lots to reduce the heat island effect.

2.    Plant Materials. Plant materials shall be selected and installed to comply with the following requirements:

a.    An appropriate mix of plant sizes and materials shall be provided.

b.    Plant materials shall emphasize drought-tolerant and/or native species.

c.    The use of eucalyptus, pepper or palm trees is discouraged, unless compatible with the existing adjacent environment, as determined by the Director. Palm trees shall be limited for use within a community pool or recreation facility, unless otherwise approved by the Director.

d.    The plant palette shall not include any plants listed as invasive exotic pest plants by the California Invasive Plant Council, or other plants determined to be invasive by a qualified botanist or biologist.

e.    Trees shall be planted in areas of public view. The clustering of trees is encouraged.

i.    Mature specimen trees (e.g., twenty-four (24), thirty-six (36), forty-eight (48), and sixty (60) inch box as determined by the Director) shall be provided to ensure variety and emphasis at main focal areas.

ii.    All trees shall be staked or guyed (on a case-by-case basis), subject to the approval of the Director.

iii.    All newly planted trees must meet the California State Department of Forestry and Fire Protection Specification Guidelines for container grown landscape trees.

f.    Performance Standards. The trees and shrubs shall be carefully selected and properly planted and maintained so that they:

i.    Do not interfere with service lines and traffic safety sight areas;

ii.    Protect the basic rights of adjacent property owners, particularly the right to solar access; and

iii.    Prevent physical damage to the adjoining public improvements.

g.    Ground cover shall be of live plant material. Limited quantities of bark, colored rock, gravel, and similar materials may be used in combination with a living ground cover.

h.    Mulch.

i.    A minimum two (2) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting ground covers or direct seeing applications where mulch is contraindicated.

ii.    Stabilizing mulch shall be planted on slopes.

i.    The Director may modify the requirements within this section in order to accommodate existing trees located on site or within the public rights-of-way.

j.    All new cut and fill slopes shall be planted and irrigated to prevent erosion. Cut and fill slopes shall have jute-netting or similar material, as approved by the Director, placed on exposed slope soil, until plant materials become established.

i.    Slopes exceeding five (5) feet in vertical height shall be planted in the ratio of at least one (1) shrub per two hundred twenty-five (225) square feet of slope area and one (1) tree per two hundred twenty-five square (225) feet of slope area, with ground cover to completely cover the slope within six (6) months from planting.

ii.    Slopes less than five (5) feet in height shall be planted with ground cover to cover the slopes completely within six (6) months of planting.

3.    Artificial or Synthetic Turf. Any use of artificial or synthetic turf is permitted as a Class I application. The use of artificial and synthetic turf may count towards required landscaping as long as it does not exceed fifty percent (50%) of the required landscaping. The installation and type of requirements shall meet the requirements as listed in this section, unless otherwise approved by the Director.

a.    Prior to approval of any artificial or synthetic turf, the applicant shall submit all required materials for review per the requirements on file with the City.

b.    The primary layer on native soil shall be nonwoven, highly permeable soil stabilizing fabric for the soil type and conditions of the installation. Fabrics must be porous and not impede infiltration of normal watershed to the appropriate drainage.

c.    Minimum three (3) to five (5) inches of appropriate compactable aggregate base with subsequent or additional imported base materials and fabric layers is required.

d.    Acceptable artificial turf surface fibers include: polyethylene (PE), polypropylene (PP), nylon with a minimum six (6) year (nylon (PA)) and eight (8) year (PE and PP) manufacturer warranty against ultra violet light degradation (fading and discoloration) and the style and color selection must complement other adjacent natural lawn and landscaped grass within the community; must meet or exceed American Society for Testing and Materials (ASTM) standards.

i.    Acceptable backing materials include perforated, vertically draining, latex or polyurethane coated materials to provide optimum tuft bind and maximum permeability. Horizontally draining backings must not be infilled; infill materials are prone to migrate into drainage systems.

ii.    Acceptable infill materials will include but are not limited to: recycled rubber crumb, acrylic coated silica, sand, recycled PET beadlets, thermo-plastic elastomer coated silica sand, semi-round silica sand, or other as approved by the Director. Sub-angular silica sand may not be used as infill materials.

iii.    All materials submitted for approval must be accompanied by test documentation which declares that the artificial turf yarn and backing materials are disposable under normal conditions, at any U.S. landfill station (total content leach protocol (TCLP) test).

e.    Infill materials, type and amount, per square foot, installed as suggested by the turf manufacturer or based upon standard industry guidelines.

f.    Surfaces must appear seamless and edges must appear natural and well groomed.

g.    Total surface installation must be water permeable with minimum twenty-five (25) inch/hour permeability rating.

h.    All job materials used for surfaces must pass applicable fire retardant ratings including pill burn test.

i.    Minimum pile height (individual turf blade height) is an average of one and one-half (1 1/2) inches; classic slit film, monofilament or a combination of blade styles; including textured and knit de knit materials used for thatch are allowed.

j.    Any approved artificial or synthetic turf installation is required to be maintained (including repair or replacement) to appear natural at all times. No fading, exposed seams or corners are permitted.

4.    Flood Control Basins. Privately maintained flood control basins are required to be landscaped to the extent possible with ground cover, shrubs and trees, unless otherwise approved by the Director.

5.    Fire Fuel Modification Requirements. Additional design requirements may be required by the Fire Department for any project that is located within a fire sensitive area. The Fire Department can require modifications to the landscaping requirements contained within this section. All Fire Department-approved landscape plans must also receive the approval of the Director prior to issuance of building permits.

6.    Standards for Single-Family Residential Development. Each single-family residential project shall be landscaped, irrigated, and maintained in compliance with the requirements of this section.

a.    Single-Family Development.

i.    All new residential development shall have one (1) twenty-four (24) inch box tree planted in the required front yard, to the satisfaction of the Director. This requirement may be waived or modified by the Director where it is found to be impractical due to topographical conditions, where it is not keeping with the neighborhood, or where it otherwise will not benefit the area.

ii.    Landscape parkways shall be installed in all new residential development. These parkways shall be installed between the curb and sidewalk and shall be five (5) feet in width. Parkways shall not be separated by sidewalk.

iii.    For single-family homes located adjacent to a parkway, either public or private right-of-way, the homeowner has the responsibility to plant, irrigate and maintain the parkway in a healthy and thriving condition, unless the parkway is maintained by the homeowners’ association or other entity. The parkway shall be planted with City-approved street trees and landscaping that is consistent with other parkways within the community the property is located within.

iv.    The landscape plan shall include all areas located within the front yard and all side yard areas exposed to the street view.

v.    The preferred plant palette shall include drought tolerant and low-water use landscaping. Low-water usage turf or warm season turf is recommended.

vi.    Turf shall be limited to a maximum of fifty percent (50%) of the total landscaped area. Turf shall be excluded from areas difficult to irrigate (e.g., narrow pathways, parkways less than five (5) feet in width, sidewalk strips, slopes, etc.).

vii.    Second Unit. If a second unit is located along a street frontage, one (1) twenty-four (24) inch box tree shall be planted in the front or corner yard setback of the unit. If the new unit is located off of a street frontage, this requirement shall be waived at the discretion of the Director.

b.    Front Yard Landscape Requirements.

i.    For single-family residential areas, a minimum of fifty percent (50%) of the square footage of the front yard area between the principal dwelling unit and the front public or private street curb, and between the side property lines, must be landscaped with natural plants such as lawns, ground cover, succulents, shrubs, and trees. See definition of “landscaping” in Section 17.11.020 (Definitions).

ii.    No more than one-half (1/2) of the landscaped area may consist of decorative features such as boulders, river and lava rock, fountains, ponds, rock riverbeds, synthetic turf, pedestrian bridges or other features, as determined by the Director, that are consistent with this section. See definition of “landscaping” in Section 17.11.020 (Definitions).

iii.    Mulch may be used as an integral part of the natural plantings.

iv.    The public sidewalk and driveway aprons are excluded from the landscape percentage calculation.

7.    Standards for Multifamily Residential Development. In addition to the standards for single-family residential development, the following additional requirements apply to multifamily developments and shall be landscaped, irrigated, and maintained in compliance with the requirements of this section:

a.    For all new multifamily residential developments, a minimum of ten percent (10%) of the total site area is required to be landscaped.

b.    The total area of any project not devoted to lot coverage and paving shall be landscaped, irrigated, and maintained in compliance with the requirements of this code, unless modified by the approving authority.

c.    Preferred ground covers in the main landscape area and the front setback areas are ones that can be walked on and that utilize water-conserving plant materials.

d.    Turf shall be limited to a maximum of twenty percent (20%) of the total landscaped area. Low-water usage turf or warm season turf is recommended.

e.    Turf shall be excluded from areas difficult to irrigate (e.g., narrow pathways, parkways less than five (5) feet in width, sidewalk strips, slopes, etc.).

f.    The incorporation of fountains, pools, and other water elements within the project is encouraged as are other decorative elements (e.g., tile and iron work). Water elements shall be designed to conserve water.

g.    Substantial trees (thirty-six (36) inch box and larger) are strongly encouraged in front and side yard setback areas, to the satisfaction of the Director.

h.    In cases where the front setback is located over fully subterranean parking, tree wells with an inside diameter of at least six (6) feet shall be provided.

i.    The minimum tree size at planting shall be twenty-four (24) inch box, unless otherwise approved by the Director.

j.    New multifamily residential development is required to provide a minimum of thirty (30) trees per overall gross acreage of the project site with a minimum of fifteen percent (15%) required to be forty-eight (48) inch box size or larger and twenty percent (20%) required to be thirty-six (36) inch box size or larger.

k.    Parking areas within multifamily projects are subject to all the landscaping requirements of nonresidential projects.

8.    Commercial, Industrial and Mixed Use Standards. For projects utilizing commercial, industrial or mixed use development, project shall be landscaped, irrigated, and maintained in compliance with the requirements of this section.

a.    For all new commercial, industrial, and mixed use developments, a minimum of ten percent (10%) of the total site area shall be landscaped.

b.    The total area of any project not devoted to lot coverage and paving shall be landscaped, irrigated, and maintained in compliance with the requirements of this section.

c.    Landscape parkways shall be installed in all new development. These parkways shall be installed between the curb and sidewalk and shall be five (5) feet in width. Parkways shall not be separated by sidewalk. In addition, the adjacent property owners shall be responsible for the maintenance and upkeep of these parkways.

d.    Where a six (6) foot high masonry wall is required along common lot lines separating residential uses from commercial uses, fifteen (15) gallon trees shall be installed and maintained along the inside of the wall in a minimum five (5) foot wide planter. The trees shall be located a maximum of twenty (20) feet apart for the length of the common lot line or to the satisfaction of the Director.

e.    Landscape Setbacks.

i.    All setbacks required by this code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway, or where a required setback is screened from public view and it is determined by the Director that landscaping is not necessary to fulfill the purposes of this code.

ii.    Modification by Director. The Director may modify this requirement to landscape all setback and open space areas. The modification may only be approved if the Director finds that the project provides: a higher overall quality of landscape design than would normally be expected for a similar development project; a superior landscape maintenance plan; and for outdoor dining activities, special paving or other examples of exceptional architectural quality in the project’s design.

f.    All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped, unless it is determined by the Director that landscaping is not necessary to fulfill the purposes of this section.

g.    The Director shall determine the level or intensity of landscaping to be provided for vacant pad sites based on an approved phasing plan.

9.    Landscape Standards for Parking Structures. Projects that include the construction of an above-ground parking structure are subject to the following landscape requirements:

a.    The exterior elevations of parking structures shall be designed to minimize the use of blank concrete facades. This can be accomplished through the use of textured concrete, planters, trellises, or other architectural treatments.

b.    The perimeter of the parking structure shall be landscaped at ground level with a minimum of one (1) thirty-six (36) inch box tree every fifteen (15) linear feet of structure face in addition to any required streetscape or boundary landscaping. Additional landscaping may be required at the discretion of the Director.

c.    Parking lot landscaping shall not be required for parking spaces located in parking structures.

d.    All multi-level parking structures shall be designed to include landscape planters.

10.    Parking Lot Landscaping Requirements for Commercial, Industrial or Mixed Use Developments. Parking lot landscaping shall be provided in accordance with the following and as shown in Figure 17.51-8 (Parking Lot Landscaping).

Figure 17.51-8

Parking Lot Landscaping

a.    General Requirements.

i.    At least five percent (5%) of the gross area of the parking lot shall be landscaped.

ii.    A wall, earthen berm or headlight hedge, measuring thirty-six (36) inches in height, shall be installed where vehicle lights on the property are directed towards public streets or residential properties. The headlight hedge must be a dense growing evergreen shrub, measuring a minimum of thirty-six (36) inches in height and touching leaf to leaf at the time of landscape inspection.

iii.    Areas not used for parking, maneuvering, or the movement of vehicles shall be landscaped on a lot or parcel of land with more than ten (10) automobile parking spaces.

iv.    Parking spaces shall be allowed to overhang into a landscaped area a maximum of two (2) feet. The two (2) foot overhang shall not be counted as required landscaped area or setback.

v.    All landscaped areas within the parking lot shall be bordered by a concrete curb adjacent to the parking surface.

vi.    Wheel stops should not be used in lieu of curbing to protect landscaping, signage, structures and walls.

vii.    Continuous concrete curbing shall be provided at least three (3) feet from any wall, fence, property line, walkway or structure (excluding special circumstances such as reciprocal access points, etc.) where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Director.

b.    Street setback areas adjacent to parking facilities shall be landscaped and permanently maintained with trees, shrubs and ground cover, and shall incorporate earthen berms to the satisfaction of the Director.

i.    Where parking facilities are adjacent to a major or secondary highway or when the parking facility has over one hundred fifty (150) feet of street frontage, a minimum ten (10) foot wide landscaped area shall be provided adjacent to such right-of-way line, except at driveways and walkways.

ii.    Where parking facilities are adjacent to a street right-of-way line not considered a major or secondary highway and less than one hundred fifty (150) feet of street frontage for the parking facility, a minimum five (5) foot wide landscaped area shall be provided adjacent to such right-of-way line, except at driveways and walkways.

c.    Required parking lot trees shall be distributed throughout the parking lot so as to maximize the aesthetic effect and compatibility with adjoining uses. This shall not apply to parking areas on the roofs of buildings, to parking areas within a building, or parking structures.

i.    At a minimum, twenty-four (24) inch box trees are required for parking lot landscaping. The Director may require thirty-six (36) inch or larger box trees on a case-by-case basis.

ii.    Thirty-six (36) inch box trees are required at the end of drive aisles, unless otherwise determined by the Director.

iii.    Parking lot trees shall be provided at the ratio of one (1) tree for every four (4) parking spaces.

iv.    In areas where parking spaces meet head to head, a landscape planter strip a minimum of six (6) feet in width, not including hardscape that runs the length of the parking aisle, shall be installed. Within this landscape planter area, a minimum requirement of one (1) tree per six (6) parking spaces will be required.

v.    Where parking lot configuration makes six (6) foot landscape planter areas infeasible, tree wells shall be provided. Tree wells are required to be four (4) feet by nine (9) feet (including a six (6) inch curb) and provided at intervals of every three (3) spaces, on an average, within each double loaded row.

vi.    Landscape islands shall be a minimum of seven (7) feet wide including the six (6) inch curb. An island shall be provided at the end of each parking row and at intervals of every fifteen (15) parking spaces, on an average in a row, unless a planter strip is provided.

vii.    An appropriate mixture of evergreen and deciduous species shall be provided within the parking lot area.

viii.    Tree species selected shall achieve a parking lot coverage canopy to the satisfaction of the Director. It is the responsibility of the applicant to provide information to the Director, demonstrating the parking lot canopy will be achieved in a reasonable amount of time.

11.    Landscape for Projects Subject to Section 17.51.020 (Hillside Development). Landscaping and landscape design for hillside development projects shall comply with the requirements of Section 17.51.020 (Hillside Development) and the following:

a.    Landscape Design.

i.    Landscape coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation.

ii.    Plant materials that require excessive water after becoming established shall be avoided. Native plant material or compatible, nonnative plant material shall be selected.

iii.    All plants shall be drought-resistant and shrubs shall be a minimum one (1) gallon size, unless otherwise approved by the Director.

iv.    All trees shall be minimum twenty-four (24) inch box; however, the Director may allow fifteen (15) gallon on a case-by-case basis.

b.    Access easement areas a minimum of five (5) feet wide shall be provided for uphill and downhill slope maintenance areas and should be located no more than one thousand (1,000) feet apart.

D.    Tree Retention.

1.    Where healthy trees exist on a site, maximum effort shall be given for their retention.

2.    The type and location of all existing trees of four (4) inch caliper or greater, as measured four and one-half (4 1/2) feet from the ground, shall be shown on plans submitted for approval. Any proposed removals shall be clearly indicated. Oak trees are subject to Section 17.51.040 (Oak Tree Preservation).

3.    To ensure that the tree retention is successful, the following requirements shall be met:

a.    All grading around existing trees shall be done by hand, unless otherwise approved by the Director.

b.    Cutting through woody roots shall not be allowed.

c.    All foundations shall step over major roots.

4.    No difference in grade shall be allowed at the base of the trees.

5.    No Construction Resulting in Injury or Removal of Trees. No construction shall be allowed that results in the injury or removal of native or specimen tree unless approved by the Director.

E.    Maintenance of Landscaping.

1.    Maintenance Required.

a.    Where a landscape plan is required, all installed landscaping shall be permanently maintained in compliance with this section.

b.    Once installed, no landscaping shall be removed, unless it is replaced with landscaping of a similar design, character, and coverage at maturity, to the satisfaction of the Director.

c.    Once installed, no landscaping shall be allowed to die; replacement shall occur in a timely manner.

d.    Once installed in a parking area or adjacent to a commercial building, all tree pruning activities shall meet the International Society of Arboriculture (ISA) pruning standards. In addition, the property owner shall prune vegetation to maintain vehicle and pedestrian clearance. All pruning conducted to improve visibility of adjacent buildings or signage shall be consistent with ISA pruning standards.

2.    Homeowners’ associations (HOAs) and assessment districts or other acceptable legal entities are required in Santa Clarita. All landscaped slopes not included within a landscape maintenance district (LMD) shall be maintained by an HOA or a property owners’ association (POA) for the permanent maintenance of slopes and other areas. An HOA/POA should be required to establish a maintenance district with responsibility for landscape maintenance, should the HOA disband. The City should retain development rights in such a maintenance district.

3.    Maintenance shall consist of regular fertilizing, clearing of debris, trash and weeds, monitoring for pests and disease, mowing, pruning, the removal and timely replacement of dead or dying plants, spraying, treating for disease or injury, watering, the repair and timely replacement of irrigation systems and integrated architectural features, or any other similar act(s) which promotes growth, health, beauty, and the life of plants, shrubs, trees, or turf.

4.    With the exception of single-family residential units, if a tree is pruned to the extent that is detrimental to the life and health of the tree, as determined by the City arborist, the property owner is responsible to replace the tree with a similar and comparable tree. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 15-11 § 5 (Exh. A), 12/8/15)

17.51.035 Noise Standards.

Subsections:

A.    Purpose.

B.    Applicability and Standards.

A.    Purpose. It is the purpose of this section to provide standards for noise to all properties and structures permitted within the City. The following property development standards apply to all new development in residential, commercial, industrial, and mixed use areas. The noise levels shown are the maximum allowed, and distances are minimums unless otherwise stated.

B.    Applicability and Standards. The following shall be in addition to all requirements of Section 11.44.040 (Noise Limits):

1.    Any new noise generators in residential zones shall be enclosed, insulated, or utilize other methods to contain, reduce, or eliminate noise, so as not to increase the previous level of ambient noise.

2.    New single-family and multifamily residential units in areas where the ambient noise levels exceed sixty (60) CNEL shall provide mitigation measures for the new residences to reduce interior noise levels to forty-five (45) CNEL, based on future traffic and railroad noise levels.

3.    New single-family and multifamily residential units in areas where the projected noise levels exceed sixty-five (65) CNEL shall provide mitigation measures (which may include noise barriers, setbacks, and site design) for new residences to reduce outdoor noise levels to sixty-five (65) CNEL, based on future traffic conditions. This requirement applies to rear yard areas for single-family developments, and to private open space and common recreational and open space areas for multifamily developments.

4.    The buyer and renter notification program for new residential units shall be required, where appropriate, to educate and inform potential buyers and renters of the sources of noise in the area and/or new sources of noise that may occur in the future. As determined by the review authority, notification may be appropriate in the following areas:

a.    Within one (1) mile of Six Flags Magic Mountain theme park, potential buyers and renters should receive notice that noise may occasionally be generated from this facility and that the frequency and loudness of noise events may change over time.

b.    Within one thousand (1,000) feet of the railroad, potential buyers and renters should receive notice that noise may occasionally be generated from this facility and that the frequency and loudness of noise events may change over time.

c.    Within two hundred (200) feet of commercial uses in mixed use developments, potential buyers and renters should receive notice that the commercial uses within the mixed use developments may generate noise in excess of levels typically found in residential areas, that the commercial uses may change over time, and the associated noise levels and frequency of noise events may change along with the use.

d.    Within one thousand (1,000) feet of the Saugus Speedway, in the event speedway operations are resumed in the future.

5.    Private schools, childcare centers, senior housing, and other noise sensitive uses in areas where the ambient noise level exceeds sixty-five (65) dBA (day) shall provide mitigation measures to reduce interior noise to acceptable levels.

6.    Appropriate noise buffering between commercial or industrial uses and residential neighborhoods and other sensitive uses shall be installed as required by the review authority.

7.    The review authority may require adequate setbacks from major and secondary highways for sensitive receptors and sensitive uses, so as to minimize impacts on these individuals and uses from noise and air pollution caused by truck traffic. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.51.040 Oak Tree Preservation.

Subsections:

A.    Purpose.

B.    Oak Tree Permit.

C.    Use of Explosives.

D.    Reimbursement.

E.    Enforcement.

F.    Additional Permit.

A.    Purpose. The purpose of this section is to protect and preserve oak trees in the City and to provide regulatory measures designed to accomplish this purpose.

1.    The City lies in the Santa Clarita Valley, the beauty and natural setting of which is greatly enhanced by the presence of large numbers of majestic oak trees. These indigenous oak trees are recognized for their significant historical, aesthetic and environmental value. They are indicator species for the natural communities in which they exist, supporting a broad spectrum of other native plant and animal species. As one of the most picturesque trees in the Southern California area, they lend beauty and charm to the landscape, enhance the value of property, and preserve the character of the communities in which they exist. Development within the Santa Clarita Valley has resulted in the removal of a great number of oak trees. Further uncontrolled and indiscriminate destruction of this diminishing plant heritage would detrimentally affect the general health, safety and welfare of the citizens of Santa Clarita. The preservation program outlined in this section contributes to the welfare and aesthetics of the community and retains the great historical and environmental value of these trees. It shall be the policy of the City to require the preservation of all healthy oak trees unless compelling reasons justify the removal of such trees. This policy shall apply to the removal, pruning, cutting and/or encroachment into the protected zone of oak trees. The Director, in conjunction with the City’s oak tree arborist as necessary, shall have the primary and overall responsibility to administer, evaluate and monitor this policy to assure strict compliance. Additional policy and standards shall be as set forth in the City’s Oak Tree Preservation and Protection Guidelines following adoption by the Council. Any person who owns, controls, has custody or possession of any real property within the City shall make a reasonable effort to maintain all oak tree(s) located thereon in a state of good health. Failure to do so will constitute a violation of this section.

2.    Definitions.

a.    “Oak tree” means any oak tree of the genus Quercus, including, but not limited to, valley oak (Quercus lobata), California live oak (Quercus agrifolia), canyon oak (Quercus chrysolepis), interior live oak (Quercus wislizenii) and scrub oak (Quercus dumosa), regardless of size.

b.    “Oak tree, cutting” means the detaching or separating, either partial or whole, from a protected tree, any part of the tree, including, but not limited to, any limb branch, root, or leaves. Cutting shall include pruning and trimming.

c.    “Oak tree, damage” means any action undertaken which causes or tends to cause injury, death, or disfigurement to an oak tree. This includes, but is not limited to, cutting, poisoning, burning, overwatering, relocating or transplanting a protected tree, changing or compacting the natural grade within the protected zone of a protected tree, changing groundwater levels or drainage patterns, or trenching, excavating or paving within the protected zone of an oak tree.

d.    “Oak tree, deadwood” means limbs or branches that contain no green leaves or live tissue. A tree or limb may be considered dead if it does not show evidence of any green leaves or live branches over the span of one (1) year, inclusive of prime growing weather.

e.    “Oak tree, dripline” means the outermost edge of the tree’s canopy. When depicted on a map or on the ground, the dripline will appear as an irregularly shaped outline that follows the contour of the furthest extension of the limbs and leaf canopy.

f.    “Oak tree, encroachment” means any intrusion into the protected zone of an oak tree which includes, but is not limited to, pruning, grading, excavating, trenching, dumping of materials, parking of commercial vehicles, placement of incompatible landscaping or animal corrals, storage of materials or equipment, or the construction of structures, paving or other improvements. For purposes of this definition, encroachment shall not include the action of a person physically entering the protected zone of an oak tree.

i.    “Major encroachment” means, for oak trees located on properties occupied by a single-family residence, any intrusion into the protected zone of an oak, as defined in subsection (A)(2)(i) of this section, in an area between the outer edge of the trunk and fifty percent (50%) of the diameter of the protected zone.

ii.    “Minor encroachment” means, for oak trees located on properties occupied by a single-family residence, any intrusion into the protected zone of an oak, as defined in subsection (A)(2)(i) of this section, in an area between the outermost edge of the protected zone and fifty percent (50%) of the diameter of the protected zone.

g.    “Oak tree, heritage oak tree” means any oak tree measuring one hundred eight (108) inches or more in circumference or, in the case of a multiple trunk oak tree, two (2) or more trunks measuring seventy-two (72) inches each or greater in circumference, measured four and one-half (4 1/2) feet above the natural grade surrounding such tree. In addition, the Commission and/or Council may classify any oak tree, regardless of size, as a heritage oak tree if it is determined by a majority vote thereof that such tree has exceptional historic, aesthetic and/or environmental qualities of major significance or prominence to the community.

h.    “Oak tree, oak tree preservation and protection guidelines” means the policy established by the Council and the administrative procedures and rules established by the Director for the implementation of this code.

i.    “Oak tree, protected zone” means a specifically defined area totally encompassing an oak tree within which work activities are strictly controlled. Using the dripline as a point of reference, the protected zone shall commence at a point five (5) feet outside of the dripline and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen (15) feet from the trunk of an oak tree.

j.    “Oak tree, removal” means the physical removal of an oak tree or causing the death of a tree through damaging, poisoning or other direct or indirect action.

k.    “Oak tree, routine maintenance” means actions taken for the continued health of an oak tree such as insect control spraying, limited watering, fertilization, deadwooding, and ground aeration. For the purposes of this code, routine maintenance shall include pruning pursuant to the requirements of this section.

B.    Oak Tree Permit. No person shall cut, prune, remove, relocate, endanger, damage or encroach into the protected zone of any oak tree on any public or private property within the City except in accordance with the conditions of a valid oak tree permit issued by the City, in conformance with Section 17.23.170 (Oak Tree Permit).

1.    Oak Tree Permit Submittal Requirements. The applicant shall be required to furnish all necessary information as determined by the Director together with the appropriate fee as established by Council resolution. Application materials shall include, but not be limited to, an oak tree report conforming to the Director’s specifications, a survey of the tree, its dripline and protected zone location, and illustrations and justifications of the proposal and tree tagging unless waived by the Director.

2.    Exemptions. Notwithstanding the provisions of this code, a permit is not required under the following circumstances:

a.    For trees that do not exceed six (6) inches in circumference when measured at a point four and one-half (4 1/2) feet above the tree’s natural grade or for those trees on properties occupied by a single-family residence that do not exceed twelve and one-half (12 1/2) inches in circumference when measured at a point four and one-half (4 1/2) feet above the tree’s natural grade.

b.    In cases of emergency, including, but not limited to, thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters or potential safety hazards, the City’s oak tree arborist, authorized City official, or any member of law enforcement or law enforcement agency, forester, fireman, civil defense official or Community Preservation Officer in their official capacity may order or allow the removal of part or all of a protected tree if, upon visual inspection, such tree is determined to be in a hazardous or dangerous condition. If possible, prior notice to the Director shall be provided. Subsequent to the emergency action, written notification shall be provided to the Director describing the nature of the emergency and action taken.

c.    For trees planted, grown and/or held for sale as a part of a licensed nursery business.

d.    Pruning by a public service or utility necessary to protect or maintain overhead clearance for vehicles, existing electric power or communication lines, or public rights-of-way, subject to prior notice to the Director in nonemergency situations. All pruning work shall follow proper arboricultural practices as approved by the Director and/or the City’s oak tree arborist.

e.    Pruning of limbs or deadwood provided such live limbs do not exceed six (6) inches in circumference at the location of the cut. All pruning work shall follow proper arboricultural practices as approved by the Director and/or the City’s oak tree arborist and shall not be excessive to the extent that the life of the tree is endangered or its aesthetic value is diminished.

f.    When the property owner has received written permission from the Director for the removal of a maximum of three (3) scrub oaks (Quercus dumosa and Quercus tuckerii).

g.    Routine maintenance as defined in subsection (A)(2)(k) of this section.

h.    Pruning of limbs of an oak tree(s) on the properties occupied by a single-family residence; provided, that such pruning is undertaken under the supervision of an arborist retained by the owner and approved by the Director.

i.    Minor encroachments as defined in subsection (A)(2)(f)(ii) of this section.

j.    For those trees that are purchased and/or planted for nonmitigation purposes by the property owner of a single-family residence on the same property occupied by the residence. The owner shall not remove oaks owned and maintained by the City.

3.    Conditions. Conditions may be imposed on the permit at the discretion of the approving authority, including, but not limited to, any of the following:

a.    A condition requiring the replacement or placement of additional trees on the subject property to offset the impacts associated with the loss of a tree, limbs or encroachment into the protected zone of an oak tree.

b.    The relocating of trees on site or off site, or the planting of new trees on site or off site to offset the loss of a tree. The applicant shall be responsible for periodic submission of affidavits by a qualified oak tree expert at the conclusion of grading and construction for a minimum of one (1) year after the planting of replacement or relocated trees and a minimum of two (2) years after the planting of replacement or relocated trees for on-site trees only. Such affidavit shall certify compliance with all conditions of the permit and the health of all replacement or relocated trees. This requirement shall be supplemented by random inspections by the City. The applicant’s acceptance of an approved permit and the exercise of rights thereunder shall be deemed consent to allowing City officials reasonable access to the property for the purpose of conducting such inspections.

c.    A condition requiring an objectively observable maintenance and care program to be initiated to ensure the continued health and care of oak trees on the property.

d.    Payment of a fee or donation of boxed trees to the City or other approved public agency to be used elsewhere in the City. Such fee or boxed trees shall be of equivalent value to any and all oak trees removed from the property as defined by the current edition of the “Guide for Plant Appraisal,” published by the International Society of Arboriculture (ISA), a copy of which shall be kept on file in the City’s Planning and/or Urban Forestry Division. The applicant shall be credited with the value of any replacement oak trees which may be required. Such fees shall be utilized for the purpose of furthering the preservation and regeneration of oak trees, the identification and official designation of heritage oak trees, the purchase, monitoring and ongoing maintenance of oak trees, landscaping and other habitat refurbishment and for educational and informational programs related to oak trees and their preservation. As an alternative to the payment of all or a portion of the fees described above, an applicant may also be credited with the value of any accepted dedications of property within the City which are suitable for the planting and survival of oak trees. Fees imposed under this section may be reduced as mitigated by specific circumstances and corrective measures undetected by the property owner.

e.    For mitigation of oaks due to removal, and/or major encroachment of non-heritage oak trees on a property occupied by a single-family residence, any required tree replacements shall be based on a six (6) inch increment as follows:

i.    Eight (8) inches to twelve (12) inches = Two (2) twenty-four (24) inch box native oaks.

ii.    Twelve (12) inches to eighteen (18) inches = Three (3) twenty-four (24) inch box native oaks.

iii.    Eighteen (18) inches to twenty-four (24) inches = Four (4) twenty-four (24) inch box native oaks.

iv.    Twenty-four (24) inches to thirty (30) inches = Five (5) twenty-four (24) inch box native oaks.

v.    Thirty (30) inches to thirty-six (36) inches = Six (6) twenty-four (24) inch box native oaks.

vi.    One (1) additional twenty-four (24) inch box native oak per incremental increase of six (6) inches.

Replacement trees shall be planted on the same property from which they were removed unless there is no appropriate place for planting. If an appropriate on-site location for replanting does not exist, mitigation trees may be donated to the City following the replacement schedule above or their monetary value may be paid to the City to the satisfaction of the Director.

C.    Use of Explosives. The use of explosives in connection with the trimming, cutting down or removal of any oak tree is prohibited.

D.    Reimbursement. The City’s oak tree arborist or the Director’s designee shall review the information submitted with the oak tree permit request and make appropriate recommendations and site inspections. All arborist and/or staff time costs expended in connection with such review, including, but not limited to, review of submitted reports, plans, meetings, site inspections and monitoring shall be billed on an hourly basis and reimbursed by the applicant when the cost of services exceeds the cost covered by the permit fee. Nothing in this code or within the Oak Tree Preservation and Protection Guidelines shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to keep the oak trees upon the property and under their control in a safe, healthy condition. Except as provided in this code, any person who feels a tree located on property possessed, owned or controlled by them is a danger to the safety of themselves, others or structural improvements on site or off site shall have an obligation to secure the area around the tree or support the tree, as appropriate, to safeguard both persons and improvements from harm.

E.    Enforcement.

1.    Any person who owns and/or cuts, damages, moves or removes any oak tree within the City, unlawfully encroaches into the protected zone of an oak tree or who fails to comply with conditions of approval or pay required fees or does any other act in violation of this section or a permit issued pursuant hereto shall be guilty of a misdemeanor.

2.    In addition to the penalty described in subsection (E)(1) of this section, the Director may suspend an oak tree permit or building permit if he determines that the permittee or owner of the real property which is the subject of the permit, or one (1) or more of their agents, has violated a condition of approval of an oak tree permit issued pursuant hereto or has violated any provision of this section. The Director’s determination to suspend a permit shall be subject to appeal as provided in this code.

3.    In addition to the penalties described in subsections (E)(1) and (2) of this section, any person who violates this section is responsible for proper restitution and may be required to replace the oak tree(s) so removed or damaged, by the donation of or by replanting one (1) or more oak trees of reasonable equivalent size and value to the tree(s) damaged or removed. The number, size and location of said equivalent replacement oak tree(s) shall be to the satisfaction of the Director.

F.    Additional Permit. Notwithstanding any action taken pursuant to this code, whenever the Director determines that any person has without a permit conducted activities prohibited by this section, the Director may require such person to obtain an oak tree permit pursuant to this code. (Ord. 13-8 § 4 (Exhs. A, E), 6/11/13)

17.51.050 Outdoor Lighting Standards.

Subsections:

A.    Purpose.

B.    Applicability.

C.    Exemptions.

D.    Lighting Standards.

A.    Purpose. These regulations are intended to:

1.    Permit reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enjoyment, and commerce.

2.    Conserve energy and resources to the greatest extent possible.

3.    Minimize adverse off-site light trespass and/or obtrusive light.

4.    Reduce light pollution and preserve the nighttime environment.

5.    Protect the natural environment and the general public health, safety and welfare from the adverse effects of excessive night lighting from electric sources.

B.    Applicability.

1.    New Lighting. Unless otherwise expressly stated, this section shall apply to all new outdoor lighting. Outdoor lighting includes, but is not limited to, all lighting fixtures attached to buildings, structures, poles, or self-supporting structures and may be found on parking lots, walkways, building entrances, outdoor or exterior sales areas, landscaping, recreational fields, and building facades.

2.    Replacement Lighting. Unless otherwise expressly stated, the standards of this section apply whenever additions or replacements to existing outdoor lighting are installed, including upgrades and/or replacements to damaged or destroyed fixtures.

C.    Exemptions. The following lighting fixtures and systems shall be exempt from the requirements of this section:

1.    Lighting fixtures within the public right-of-way.

2.    Lighting required by a health or life safety statute, ordinance, or regulation, including, but not limited to, emergency lighting required by the Occupational Safety and Health Administration.

3.    Temporary lighting used by law enforcement or emergency services personnel to protect life or property.

4.    Temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure.

5.    Lighting used in, or for the purpose of, lighting swimming pools, hot tubs, decorative fountains, and other water features, subject to Article 680 of the California Electrical Code.

6.    Temporary lighting for activities permitted by a temporary use permit.

7.    Sign lighting (refer to Section 17.51.080 (Sign Regulations (Private Property))).

8.    All outdoor light fixtures producing light directly by combustion of fossil fuels, such as kerosene lanterns, tiki torches, or gas lamps.

9.    Spotlights and flood lighting is permitted for the purpose of emphasizing architectural accents or details on buildings, sculptures, or landscaping, as long as such lighting does not create light trespass or obtrusive light. Such lighting shall be prohibited between the hours of midnight and sunrise if projected above the horizon.

10.    Lighting for public and/or private facilities including but not limited to prisons, airports, sports fields/playfields, helipads/heliports, and hospitals.

D.    Lighting Standards.

1.    General Requirements.

a.    Shielding. All lighting shall be directed downward and be of a cut-off design so the luminary and/or lens do not protrude below the luminary housing and is not visible from a public right-of-way.

b.    Light Trespass. Lighting may not illuminate other properties and shall be directed downward to prevent off-site glare.

c.    Appurtenances. Lighting shall be operated so that they do not disturb the peace, quiet, and comfort of adjacent, neighboring uses, and shall be screened and/or shielded from surrounding properties and streets.

d.    Lighting Plan. Except for new and additions to single-family residences, applications for new buildings and building additions, and proposed modifications shall include the location, fixture type, fixture height, and photometric information of all outdoor lighting and information about shut-off timers and hours of operation for outdoor lighting where required by this section for review and approval by the Director.

2.    Requirements for Commercial, Industrial, and Mixed Uses. All lighting shall comply with the following:

a.    Building Entrance Lighting. All building entrances shall install light fixtures that provide accurate color rendition so that persons entering or exiting the establishment can be easily recognized. Building entrance lighting shall be used between sundown and ten p.m. or one (1) hour past the close of the business, whichever is later.

b.    Hours of Operation.

i.    Outdoor lighting shall be turned off between the hours of ten p.m. and sunrise, except where uses operate past ten p.m., lighting shall be turned off one (1) hour after the close of business or use dimmers per subsection (D)(2)(b)(ii)(C) of this section.

ii.    All outdoor lighting systems shall install one (1) or more of the following:

(A)    Automatic time switch controls used to turn lighting off after ten p.m.;

(B)    Motion sensors used to turn on lighting after ten p.m. when activity is detected. Such lighting shall remain on no longer than ten (10) minutes after being activated; or

(C)    In lieu of turning lighting off, automatic dimmers used to reduce light levels by a minimum of fifty percent (50%) after ten p.m.

iii.    Exemptions.

(A)    Code required lighting for steps, stairs, walkways, and points of ingress and egress to building and other facilities.

(B)    Lighting governed by a discretionary use permit in which times of operation are specifically identified.

3.    Requirements for Residential Sports Courts.

a.    Outdoor lighting for residential sports courts shall comply with the standards as set forth in Section 17.57.040 (Accessory Buildings and Structures).

4.    Prohibitions. The following lighting fixtures and systems shall be prohibited:

a.    Drop down lenses;

b.    Mercury vapor lamps;

c.    Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves.

5.    Maintenance. Outdoor lighting fixtures and lamps shall be maintained in good working order.

6.    Modifications. Modifications to the standards in this section shall be approved through Section 17.24.120 (Minor Use Permit). (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.51.060 Parking Standards.

Subsections:

A.    Purpose.

B.    Applicability.

C.    Permanent Maintenance Required.

D.    Ownership of Required Space.

E.    Specifications for Development of Parking Facilities.

F.    Parking Structure and Covered Parking Requirements.

G.    Parking for Disabled Persons.

H.    Parallel and Tandem Automobile Parking Spaces.

I.    On-Site Bicycle Parking Requirement.

J.    On-Site Parking Requirement.

K.    Fuel-Efficient, Low-Emitting, and Carpool/Van Pool Vehicles.

L.    Loading Areas.

M.    Schedule of Off-Street Parking Requirements.

N.    Modification of Off-Street Parking Requirements.

O.    Commercial Vehicle Prohibition.

A.    Purpose. It is the purpose of this section to establish comprehensive parking provisions to effectively regulate the design of parking facilities and equitably establish the number of parking spaces required for various uses. The standards for parking facilities are intended to promote vehicular and pedestrian safety and efficient land use. They are also intended to promote compatibility between parking facilities and surrounding neighborhoods and to protect property values by providing such amenities as landscaping, walls and setbacks. Parking requirements are established to assure that an adequate number of spaces is available to accommodate anticipated demand in order to lessen traffic congestion and adverse impacts on surrounding properties.

B.    Applicability.

1.    The provisions of this section shall apply at the time a building or structure is erected, altered, or enlarged, or when the use and/or occupant load of a building or structure is changed. Alterations, enlargements, increases, additions, modifications or any similar changes to uses, buildings, or structures nonconforming due to parking shall comply with Chapter 17.05 (Legal Nonconforming Uses, Lots, and Structures).

2.    In the case of mixed uses, the total number of parking spaces required shall be the sum of the requirements for the various uses computed separately. Required parking spaces for one (1) use shall not be considered required parking spaces for any other use unless allowed by a minor use permit in accordance with Section 17.24.120 (Minor Use Permit).

3.    Parking spaces established by this section shall be improved as required by this section prior to occupancy of new buildings or structures, or occupancy of a new use in the case of an existing building or structure which has been altered or enlarged in accordance with subsection (B)(1) of this section.

4.    The provisions of this section shall not apply to temporary parking facilities authorized by an approved temporary use permit, except where specifically required by the Director.

5.    The provisions of this section in effect at the time of final approval of applications for conditional use permits, minor use permits, development review, and other similar zoning cases shall apply, unless new uses are proposed.

C.    Permanent Maintenance Required. Parking facilities required by this section shall be conveniently accessible and permanently maintained to remain clear and legible to the satisfaction of the Director unless the use for which the parking was required ceases to exist. If a required garage or parking structure is destroyed, it shall be reconstructed within one (1) year, unless additional time is permitted by the Director.

D.    Ownership of Required Space.

1.    Except as provided in subsection (D)(2) of this section, space required by this section for parking shall either be the property of the owner of the premises, or the owner of the premises shall have the right to use such space for parking by virtue of a recorded lease. The lease shall require that upon expiration or cancellation the party using the parking spaces provided by the lease, prior to the effective date of such expiration or cancellation, shall notify the Director of such event. If the lease is canceled, expires, or is otherwise voided, other parking shall be provided in accordance with this section. If the required parking is not provided for any use covered by the former lease, such use shall be immediately terminated.

2.    Ownership, or a recorded lease of required parking space, is not necessary if another alternative is specifically allowed by a minor use permit approved in accordance with Section 17.24.120 (Minor Use Permit).

E.    Specifications for Development of Parking Facilities. All land used for parking, other than a lot or parcel of land having a gross area of one (1) acre or more per dwelling unit used, designed or intended to be used for residential purposes, shall be developed and used as follows:

1.    Paving. Where access to a parking space or spaces is from a highway, street or alley which is paved with asphaltic or concrete surfacing, such parking areas, as well as the maneuvering areas and driveways used for access thereto, shall be paved with:

a.    Concrete surfacing to a minimum thickness of three and one-half (3 1/2) inches, with expansion joints as necessary; or

b.    Asphalt surfacing, rolled to a smooth, hard surface having a minimum thickness of three and one-half (3 1/2) inches after compaction, and laid over a base of crushed rock, gravel or other similar material compacted to a minimum thickness of five (5) inches. The requirement for said base may be modified if:

i.    A qualified engineer, retained to furnish a job-site soil analysis, finds that said base is unnecessary to ensure a firm and unyielding subgrade, equal from the standpoint of the service, life and appearance of the asphaltic surfacing to that provided if said base were required, and so states in writing, together with a copy of his findings and certification to such effect; or

ii.    Other available information provides similar evidence.

c.    Other alternative material that will provide at least the equivalent in service, life and appearance of the materials and standards which would be employed for development pursuant to subsection (E)(1)(a) or (b) of this section.

d.    The City Engineer, at the request of the Director, shall review and report on the adequacy of paving where modification of base is proposed under subsection (E)(1)(b) of this section, or where alternative materials are proposed under subsection (E)(1)(c) of this section. The City Engineer may approve such modification or such alternative materials if, in his opinion, the evidence indicates compliance with subsection (E)(1)(b) or (c) of this section as the case may be.

2.    Marking of Spaces.

a.    Each parking space shall be clearly marked with white paint or other similar distinguishable material, except spaces established in a garage or carport having not more than three (3) spaces.

b.    Striping for parking spaces may be modified by the Director where there is a dual use of the parking facility or where an alternate paving material as described in subsection (E)(1)(c) of this section is used. In approving such modification by site plan the Director shall require suitable alternate means of marking the space to ensure the required number of spaces is provided.

3.    Wheel Stops. Wheel stops shall be provided for parking lots with a slope of more than three percent (3%), except that the installation of wheel stops is optional for parking stalls oriented at right angles to the direction of slope.

4.    Slope. Parking lots shall not have a slope exceeding five percent (5%), except for access ramps or driveways which shall not exceed a slope of fifteen percent (15%).

5.    Design.

a.    Parking spaces shall have the following minimum dimensions:

i.    For single-family and two (2) family residential uses, each parking space shall be fully enclosed and have minimum dimensions of ten (10) feet by twenty (20) feet. Parking spaces shall be designed to remain free and clear of all obstructions, including, but not limited to, washer/dryer units, water heaters, etc. All required garages shall maintain a minimum opening of eight (8) feet in width by seven (7) feet in height for each parking stall or sixteen (16) feet in width by seven (7) feet in height for double stalls.

b.    Parking lots shall be designed so as to preclude the backing of vehicles over a sidewalk, drive-through lane, public street, alley or highway. Parked vehicles shall not encroach on nor extend over any sidewalk. Parking spaces and drive aisles shall be designed and striped as shown in Figure 17.51-9 (Minimum Dimensions for Standard Parking Stalls) below:

Direction

(a) Angle in degrees

(b) Stall

(c) Aisle

(d) Overall Width

(e) Curb Length

One-way*

30

16'10"

15'10"

49'2"

18'

45

19'1"

16'6"

54'8"

12'8"

60

20'1"

19'4"

59'6"

10'5"

Two-way

90

18'

26'

62'

9'

*Angled parking with two-way traffic shall have a minimum drive aisle width of 26 feet.

Figure 17.51-9

Minimum Dimensions for Standard Parking Stalls

Modifications to the designs shown above may be approved by the Director; provided, that such modifications are compatible with the design criteria contained above.

c.    No dead-end drive aisles shall be permitted to be any longer than ten (10) parking stalls or one hundred (100) feet in length, whichever is more restrictive, unless adequate turnaround space is provided to the satisfaction of the Director.

6.    Site Plans. A site plan shall be submitted to the Director to ensure that said use will properly comply with the provisions of this code.

F.    Parking Structure and Covered Parking Requirements. Parking structures and covered parking shall be designed to meet the following design requirements:

1.    Parking Structures.

a.    Parking Structure Setback. The setbacks for the exterior walls of any above-ground or underground parking structure shall not encroach into the minimum above-grade building/structure setbacks.

b.    Vertical Clearance. The minimum height from the floor to the lowest ceiling structure, support beam, or overhead fixture, such as a conduit, pipeline, lighting, signage, or any obstruction mounted on the ceiling shall be as follows:

i.    Eight (8) feet two (2) inches for parking areas, including areas providing accessibility to parking spaces for the disabled;

ii.    Fourteen (14) feet for areas providing access to loading areas.

c.    Parking Stall Width. When the side of a parking stall abuts a building, fence, wall, support column or other obstruction which would interfere with access to a motor vehicle, the width of such required stall shall be increased by one (1) foot to the parking stall requirement.

d.    Dead-End Drive Aisles. No dead-end drive aisles shall be permitted to be any longer than ten (10) parking stalls or one hundred (100) feet in length, whichever is more restrictive, unless adequate turnaround space is provided to the satisfaction of the Director.

e.    Parking Structure Ramps.

i.    Ramps with Adjacent Parking. The maximum grade of ramp slopes and adjacent parking areas shall not exceed five percent (5%). The minimum ramp width shall be twenty-six (26) feet.

ii.    Ramps with No Adjacent Parking. The maximum grade of ramp slopes with no adjacent parking shall not exceed fifteen percent (15%). The minimum ramp width shall be twenty-six (26) feet.

iii.    Circular Ramps. The maximum grade of a circular ramp shall not exceed twelve percent (12%), as measured at the outside ramp wall. The minimum ramp width shall be thirty-six (36) feet.

iv.    Ramp Transitions. All ramps shall be provided with transition zones at the top and bottom of the ramps so that vehicles will be able to pass over such change in slope without interference with their undercarriages. The grade of a transition zone shall not exceed fifty percent (50%) of the grade of the ramp itself. Ramp transition zones shall be a minimum of twelve (12) feet in length. Vertical clearance shall be provided at transition zones in addition to the minimum required in subsection (F)(1)(b) of this section to accommodate vehicles entering and exiting the parking structure.

f.    Stairwells. All stairwells shall be designed to be an integral part of the structure.

g.    Mirrors. Viewing mirrors shall be installed in order to provide adequate sight distance, to the satisfaction of the Director.

h.    Architectural Design Standards. Parking structures shall be designed in compliance with the City’s Community Character and Design Guidelines with articulated elevations and architectural elements added that give the structure proportions that reflect a regular building.

2.    Carports for Required Parking. All carports shall be subject to the following criteria:

a.    Vehicles parked in such carports are completely or predominately screened from view of the public street by means of landscaping, grade differentials, walls, structures or other means.

b.    The carports are enhanced by landscaping and/or other decorative design materials.

c.    The layout of carport areas incorporates design variations to avoid a long, linear and monotonous appearance.

d.    The exterior building materials of such carports are of similar quality and architectural style to that of the main building on site.

e.    Roof pitches are generally consistent or compatible with those of the main buildings on site.

G.    Parking for Disabled Persons.

1.    Accessibility Requirements. Parking facilities shall be properly designed, constructed, and maintained to provide for access by the physically disabled from public rights-of-way, across intervening parking spaces, and into structures, including parking spaces specifically designed and located for the use of the disabled/handicapped. Standards for the facilities shall be based on the standards of the California Building Code (CBC) and other applicable guidelines.

2.    Number, location of, and access to spaces required. Parking spaces for the disabled shall be provided in compliance with the California Building Code (CBC) and with the sign requirements of the California Vehicle Code, as applicable. Parking spaces required for the disabled shall count toward compliance with the number of off-street parking spaces required in Division 5 of this title (Use Classifications and Required Parking).

H.    Parallel and Tandem Automobile Parking Spaces.

1.    Parallel Parking Spaces. For commercial uses, parallel parking spaces shall not be permitted as required parking. For industrial and office uses, no more than twenty percent (20%) of the required number of parking spaces may be parallel parking spaces, with the approval of the Director. For multifamily residential uses parallel parking spaces shall be permitted. Where permitted, these parallel spaces shall have a minimum dimension of ten (10) feet by twenty (20) feet. Where an industrial or office use ceases to exist, the parallel spaces shall not be included in required parking.

2.    Tandem Parking Spaces. With the exception of mobilehome parks, caretaker’s residences, and second residential units, tandem parking spaces shall not be permitted as required parking areas. With the approval of a minor use permit, multifamily residential units are permitted to have tandem parking spaces in a twelve (12) foot by forty (40) foot enclosed garage with direct access to the residential units for which the parking is designated.

I.    On-Site Bicycle Parking Requirement. Except as otherwise provided in this section, every use shall provide on-site bicycle parking facilities to accommodate the required number of bicycle parking spaces. All bicycle parking shall be conveniently located near the street or entrance to the building, to the satisfaction of the Director.

1.    Number of Bicycle Spaces Required. Every use shall provide on-site bicycle parking spaces in accordance with the following ratios:

Retail/Commercial Uses

1 space per each 25 vehicle parking stalls

Office Uses

1 space per each 30 vehicle parking stalls

Industrial Uses

1 space per each 40 vehicle parking stalls

Multifamily Residential Uses

1 space per each 5 residential units

Mixed Uses

Subject to the review and approval of the Director

2.    Bicycle Parking Facilities. Parking facilities shall be conveniently located and may include the following:

a.    Covered, lockable enclosures with permanently anchored racks for bicycles;

b.    Lockable bicycle rooms with permanently anchored racks; and

c.    Lockable, permanently anchored bicycle lockers.

J.    On-Site Parking Requirement. Except as otherwise provided in this section, or unless expressly allowed by a minor use permit for a shared parking agreement or parking reduction, pursuant to subsection (N) of this section (Modification of Off-Street Parking Requirements), every use shall provide the required number of parking spaces on the same lot or parcel of land on which the use is located. For the purposes of this section, transitional parking spaces separated only by an alley from the use shall be considered to be located on the same lot or parcel.

K.    Fuel-Efficient, Low-Emitting, and Carpool/Van Pool Vehicles. Except as otherwise provided in this section, every use shall provide the required number of designated parking for any combination of fuel-efficient, low-emitting, and carpool/van pool vehicles as follows:

1.    Number of Spaces Required.

Total Number of Parking Spaces

Number of Required Spaces

0—9

0

10—25

1

26—50

3

51—75

6

76—100

8

101—150

11

151—200

16

201 and over

At least 8 percent of total

L.    Loading Areas.

1.    General Provisions.

a.    Required loading facilities shall be located on the same site as the use requiring such facilities;

b.    No required loading facilities shall be located in any required setback areas;

c.    Whenever possible, loading areas and docks shall be permitted only in rear and side lot areas and, if facing a public street, shall be screened from view of such street;

d.    Sufficient space for turning and maneuvering loading vehicles shall be provided on the site. Turning radii shall be consistent with California Department of Transportation standards;

e.    Loading spaces shall be located and designed so that trucks shall not back into a public street;

f.    Adequate treatment such as walls and landscaping shall be required to the satisfaction of the Director as necessary to screen and buffer the loading area from nearby residences; and

g.    Loading areas shall be used for the purposes of temporary loading or unloading only and shall not be used for parking.

2.    Dimensional Requirements.

Type of Space

Width

Length

Height

Delivery van space

12'

20'

14'

Semi-truck space

12'

50'

14'

3.    Number. Every nonresidential use shall provide sufficient on-site loading and unloading space as follows (required loading and unloading spaces for uses not specified below shall be determined by the Director):

a.    Commercial Uses.

Use

Floor Area in Square Feet

No. of Spaces Required

Office (medical and professional)

0—25,000

1 delivery van space

Over 25,000

2 delivery van spaces

Retail and services

0—25,000

1 delivery van space

25,001—50,000

2 delivery van spaces

Over 50,000

1 semi-truck space

Retail (single occupancy)

Over 30,000

1 semi-truck space

Retail (retail center)

N/A

Determined by Director

Hospitals

Less than 50,000

1 delivery van space

50,001—100,000

1 semi-truck space

Over 100,000

2 semi-truck spaces

Restaurants, hotels and motels

N/A

1 delivery van space

b.    Industrial Uses.

Use

Floor Area in Square Feet

No. of Spaces Required

Warehouses and manufacturing

0—15,000

1 delivery van space

15,001—40,000

1 semi-truck space

40,001—100,000

2 semi-truck spaces

Over 100,000

2 semi-truck spaces + 1 semi-truck space for each additional 50,000 sq. ft. to a maximum of 6 loading spaces

Multi-tenant industrial

N/A

Determined by Director

M.    Schedule of Off-Street Parking Requirements.

1.    Purpose. Off-street parking requirements are established to identify minimum parking requirements for specific use types. Additional parking may be required if deemed necessary by the Director.

2.    Uses Not Specified. Where parking requirements for any uses are not specified, parking shall be provided in an amount which the Director finds adequate to prevent traffic congestion and excessive on-street parking. Whenever practical, such determination shall be based upon the requirements for the most comparable use specified in Division 5 of this title (Use Classifications and Required Parking).

3.    Access to Parking Spaces for Nonresidential Uses. Parking spaces in multi-tenant commercial centers, office centers, industrial centers, and in all nonresidential developments shall not be assigned to specific businesses or tenants and shall remain available to all tenants within the center, unless otherwise permitted by the Director. The use of time limits for such parking spaces may be permitted.

4.    Schedule of Off-Street Parking Requirements by Use Type. Specific use types shall provide the minimum number of parking spaces as indicated in Division 5 of this title (Use Classifications and Required Parking), Chapter 17.38 (Overlay Zones), and Chapter 17.55 (Property Development Standards—Mixed Use).

N.    Modification of Off-Street Parking Requirements.

1.    Shared Parking. Shared parking shall be allowed with approval of a minor use permit for shared parking agreements, pursuant to Section 17.24.120 (Minor Use Permit).

a.    Parking facilities may be jointly used with parking facilities for other uses when operations are not normally conducted during the same hours, or when hours of peak use vary. Requests for shared parking are subject to the following conditions:

i.    A parking analysis and survey data conducted by a licensed traffic engineer or other traffic professional acceptable to the Director shall be submitted and demonstrate that substantial conflict will not exist in the principal hours or periods of peak demand for the uses which the joint use is proposed.

ii.    The peak hours of parking demand from all uses shall not coincide so that peak demand is greater than the parking provided.

iii.    The number of parking spaces which may be credited against the requirements for the structures involved shall not exceed the number of parking spaces reasonably anticipated to be available during differing hours of operation.

iv.    A written agreement shall be to the satisfaction of the City Attorney and executed by all parties concerned assuring the continued availability of the number of spaces designated for the joint use.

2.    Reduction of Parking. Reduction in the number of parking spaces required by this code may be permitted by up to twenty percent (20%) with approval of a minor use permit. Parking reductions greater than twenty percent (20%) may be permitted subject to the approval of a minor use permit by the Commission. A request for a reduction of parking may be granted if the approving authority makes the findings pursuant to Section 17.24.120 (Minor Use Permit). The approving authority may also impose the following conditions of approval:

a.    Conditions of Approval. Parking demand study conducted by a licensed traffic engineer or other traffic professional acceptable to the Director shall be provided with each request for a reduction of parking.

The approving authority may impose conditions relative to the duration of the permit, operation of the land use, regulation of hours of operation, or such other conditions that the approving authority may deem necessary to ensure the compatibility of the use with surrounding uses, and to preserve the public health, safety, or welfare.

b.    Permit Does Not Run with the Land. A request for a reduction of parking is valid as long as the specific land use(s) remains the same as at the time of permit issuance, including, but not limited to, tenancy, hours of operation, services or goods offered and a mix activities within the use. The permit does not run with the land, therefore is null and void if circumstances warranting the parking reduction change.

3.    Transitional Parking. Transitional parking on property that is zoned residential or open space may be permitted with the approval of a minor use permit, pursuant to Section 17.24.120 (Minor Use Permit). Transitional parking shall be subject to the following:

a.    For the purposes of this section, transitional parking spaces separated only by an alley from the use shall be considered to be located on the same lot or parcel;

b.    Transitional parking shall not be considered shared parking, unless a shared parking agreement is approved;

c.    If transitional parking is located on an adjacent parcel to the use, then both parcels shall be under the same ownership; and

d.    If transitional parking is located on an adjacent parcel to the use, then a covenant or other agreement shall be executed to the satisfaction of the Director and shall be recorded in the County Recorder’s Office to ensure the continued availability of the parking spaces.

O.    Commercial Vehicle Prohibition.

1.    The parking of any commercial vehicle, as defined in the Vehicle Code, having a gross vehicle weight (GVW) of greater than twelve thousand (12,000) pounds, on any property zoned for residential uses, is prohibited, with the exception of the following:

a.    Vehicles while in the act of loading or unloading passengers, materials, or merchandise;

b.    Vehicles engaged in performing a service activity on the adjacent lot or parcel of land; and

c.    Vehicles when necessarily in use for construction work being performed in the immediate vicinity. (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13)

17.51.070 Road Dedication, Improvements and Other Requirements.

Subsections:

A.    Bonds and Insurance.

B.    Legislative Provisions.

C.    Road Dedications and Improvements.

A.    Bonds and Insurance.

1.    Bond or Assignment of Savings and Loan Certificates or Shares Required When. When one (1) or more conditions are attached to any grant, modification or appeal of a zone change, permit, variance or other use or structure review, the review authority may require the owners of the property to which such approval applies to file a surety bond or corporate surety bond, or to deposit money, savings and loan certificates or shares with the Council in a prescribed amount for the purpose of guaranteeing the faithful performance of conditions placed on the approval.

2.    Procedure for Assignment of Savings and Loan Certificates or Shares. Where savings and loan certificates or shares are deposited, they shall be assigned to the City subject to all provisions of the Municipal Code.

3.    Insurance Required When—Exceptions. The review authority may also require the owners of the property to which such approval applies to file a policy of insurance equal in amount to the amount of the required bond or deposit, insuring all persons against any injury or annoyance arising from the breach of such conditions unless:

a.    If the bond is filed, it includes as obligees all such persons; or

b.    If money, savings and loan certificates or shares are deposited, such owners also file an agreement in writing with the City Clerk that the City may satisfy in whole or in part from such deposit any final judgment, the payment of which would have been guaranteed by such bond or policy of insurance.

B.    Legislative Provisions.

1.    Continuation of Existing Law. The provisions of this code, as long as they are substantially the same as the provisions of any ordinance, or portions of any ordinance repealed by provisions codified in this section, shall be construed as restatements and continuations of these ordinances, and not as new enactments.

2.    Zone Exception—Deemed Variance When. Where a zone exception granted by action of the Los Angeles County prior to November 5, 1971, may be granted as a variance under the present provisions of this code, it shall be deemed a variance.

3.    Zone Exception—Considered Nonconforming Use When. In all cases other than as provided in subsection (B)(4) of this section, where a zone exception was granted by action of the review authority prior to November 5, 1971, such use shall be considered a nonconforming use under the provisions of this code, provided:

a.    That such uses shall remain in compliance with and subject to all limitations and conditions imposed by such grant; and

b.    That all provisions governing nonconforming uses not in conflict with the limitations and conditions of such grant shall apply.

4.    Zone Exception Considered Conditional Use. Notwithstanding the provisions of subsection (B)(3) of this section, where a zone exception, granted by action of Los Angeles County prior to November 5, 1971, may be granted as a Class IV application under the present provisions of this code, it shall be deemed a Class IV permit.

5.    Rights Under Existing Approval Not Affected. No rights given by any permit, license or other approval under any ordinance repealed by the provisions of this section are affected by such repeal, but such rights shall hereafter be exercised according to the provisions of this code.

6.    Convictions for Crimes. Any conviction for a crime under any ordinance which is repealed by this section, which crime is continued as a public offense by this code, constitutes a conviction under this code for any purpose for which it constituted a conviction under such repealed ordinance.

7.    Repeal Does Not Revive Any Ordinance. The repeal of any ordinance amending this code shall not revive any amendment adopted prior to the repealed ordinance amendment.

C.    Road Dedications and Improvements.

1.    Purpose. Except as otherwise provided in this code, a building or structure shall not be used on any lot or parcel of land any portion of which abuts upon an alley, street or highway unless the one-half (1/2) of the alley, street or highway which is located on the same side of the centerline as such lot or parcel of land has been dedicated and improved as provided in this section.

2.    Exemptions—Existing Buildings and Structures. This section shall not apply to the use, alteration or enlargement of an existing building or structure, or the erection of one (1) or more buildings or structures accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement, or construction does not exceed one-half (1/2) of the current market value of all existing buildings or structures on such lot or parcel of land as determined by the Building Official.

3.    Exceptions—Proposed Buildings or Structures. This section shall not apply to the following buildings or structures:

a.    Accessory agricultural buildings where used primarily for agricultural purposes, including but not limited to: barns and stables.

b.    Temporary uses as prescribed by this code.

c.    Other similar uses which, in the opinion of the Director, will not generate a greater volume of traffic than the uses enumerated in this subsection.

4.    Major Bridge and Thoroughfare Fees. Except as otherwise provided in subsection (C)(2) of this section, a building or structure shall not be used on any lot or parcel of land, any portion of which is located within a bridge or major thoroughfare district established pursuant to Section 17.51.010(D) (Major Bridge and Thoroughfare Fees) unless the required district fee has been paid as a condition of issuing a building permit.

5.    Dedication Standards. Alleys, streets and highways shall be dedicated to the width from the centerline specified in this code, and including corner cutoffs specified in Section 16.11.030 (Right-of-Way) except that dedication in any case shall not be required to such an extent as to reduce the area or width of any lot or parcel of land to less than that specified in this code unless approved by Section 17.24.100 (Adjustments) or Section 17.25.120 (Variances).

6.    Improvements. Before a structure subject to the provisions of this section may be used, curbs, gutters, sidewalks, base, pavement, street lights, street trees and drainage structures, where required, shall be constructed at the grade and at the location specified by the City Engineer, unless there already exists within the present right-of-way, or on property the owner has agreed to dedicate, curbs, gutters, sidewalks, base, pavement, street lights, street trees or drainage structures which are adequate, and the City Engineer so finds. Sidewalks shall be not less than four (4) feet in width unless the available portion of the highway or street is less, in which case they shall be the width specified by the City Engineer. Curbs, gutters, drainage structures, base, pavement, street lights, street trees and sidewalks shall comply with the standards of the City Engineer. All construction within the existing or proposed road right-of-way shall be done under provisions of Title 13.

a.    Undergrounding of Utilities. All new and existing utilities shall be located underground, including along project street frontage. When locating utilities underground is not possible, they shall be screened from view to the satisfaction of the City Engineer.

7.    Agreement to Dedicate. In lieu of dedication, the City Engineer may accept an agreement to dedicate signed by all persons having any right, title or interest in the property, or any portion thereof, to be dedicated. The signatures on such agreement shall be acknowledged, and the City Engineer shall record such agreement with the County Recorder.

8.    Agreement to Improve—Contents—Completion of Work by City Authorized When—Costs.

a.    In lieu of the required improvements, the City Engineer may, at their discretion, accept from any responsible person a contract to make such improvements. Said improvements shall be completed within the time specified in the agreement to improve, except that the City Engineer may grant such additional time as he deems necessary if, in the opinion of said City Engineer, a good and sufficient reason exists for the delay.

b.    Such contract shall be accompanied by a deposit with the City of a sum of money. The owners thereof shall assign such certificates or shares to the City of Santa Clarita, and such deposit and assignment shall be subject to all the provisions and conditions of this code.

c.    If the estimated cost of the improvements equals or exceeds one thousand dollars ($1,000), in lieu of such deposit the applicant may file with the City a corporate surety bond guaranteeing the adequate completion of all of the improvements, in a penal sum equal to such estimated cost.

d.    Upon the failure of said responsible person to complete any improvement within the time specified in an agreement, the City may, upon notice in writing of not less than ten (10) days served upon the person, firm or corporation signing such contract, or upon notice in writing of not less than twenty (20) days served by registered mail addressed to the last known address of the person, firm or corporation signing such contact, determine that said improvement work or any part thereof is incomplete, and may cause to be forfeited to the City such portion of deposits given for the faithful performance of said work, or may cash any instrument of credit so deposited in such amount as may be necessary to complete the improvement work.

9.    Modifications.

a.    The City Engineer may grant a modification to the provisions of this section and relieve the applicant either from compliance with all or a portion of the provisions thereof if they find:

i.    Property adjoining on both sides of the subject property is developed with lawfully existing buildings or structures which, were they not already existing, would be subject to the provisions of this section, and the requirement to dedicate, pave, or improve would require a greater width than is the alley street or highway abutting the existing buildings or structures on the adjoining properties; or

ii.    The lot or parcel of land adjoins an alley, street, or highway for a distance of one hundred (100) feet or more, and only a portion of said lot or parcel of land is to be used for such building or structure or occupied by such use.

b.    The City Engineer may grant a modification to the provisions of this section and relieve the applicant either from compliance with all or a portion of the provisions thereof if they find:

i.    There is in existence or under negotiation a contract between the City and a contractor to install the required improvements; or

ii.    The City Engineer is unable to furnish grades within a reasonable time; or

iii.    The required construction would create a drainage or traffic problem; or

iv.    The construction will be isolated from a continuous roadway which may not be improved for many years; or

v.    There are in existence partial improvements satisfactory to the City Engineer, and they deem the construction of additional improvements to be unnecessary or to constitute an unreasonable hardship.

10.    Intersection Improvements. All major to major highway intersections and major to secondary highway intersections impacted by development shall be augmented to provide additional capacity as required by the City Engineer.

11.    Where private streets are included as part of new commercial, industrial, or multifamily residential development, the private streets shall be constructed to the same standards as public streets, except as otherwise approved by the review authority.

12.    A developer, as a condition of issuance of a building occupancy permit, shall update the traffic signal timing at all signalized locations determined by the City Engineer to experience significant changes in vehicular volumes and/or travel patterns due to said project. At the discretion of the City Engineer, in lieu of updating the traffic signal timing, the developer shall pay a fee in accordance with the City’s current fee schedule established by Council. Such fee shall be separate and apart from any other fee collected or imposed by any other City ordinance or regulation. (Ord. 13-8 § 4 (Exh. A), 6/11/13)

17.51.080 Sign Regulations (Private Property).

Subsections:

A.    Purpose.

B.    Applicability.

C.    General Provisions.

D.    Administration.

E.    General Location, Height and Area Standards.

F.    Design, Material, Construction and Maintenance Standards.

G.    Commercial Signs in General.

H.    Building Identification Signs.

I.    Construction Signs.

J.    Directional and Informational Signs.

K.    Incidental Business Signs.

L.    Monument Signs.

M.    Off-Site Signs.

N.    Pylon Signs.

O.    Real Estate Signs.

P.    Special-Purpose Signs.

Q.    Subdivision Identification, Sales, Entry and Special-Feature Signs.

R.    Temporary Freestanding or Temporary Mounted Signs.

S.    Wall Signs.

T.    Window Signs.

U.    Prohibited Signs.

V.    Removal of Signs.

W.    Appeals.

X.    Sign Regulations Matrix.

Y.    Illustration of Sign Types.

A.    Purpose. The purposes and intent of these sign regulations include to:

1.    Regulate signs located on private property within the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power.

2.    Implement the City’s community design and safety standards as set forth in the City’s General Plan, specific plans, special standards districts, City Beautification Master Plan, City Community Character and Design Guidelines and Municipal Code.

3.    Maintain and enhance the City’s appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs.

4.    Serve the City’s interests in maintaining and enhancing its visual appeal for residents, tourists and other visitors by preventing the degradation of visual quality which can result from excessive and poorly designed, located or maintained signage.

5.    Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.

6.    Limit the size and number of signs to levels that reasonably allow for the identification of a residential, public or commercial location and the nature of any such commercial business.

7.    Encourage signs that are appropriate to the zoning district in which they are located and consistent with the permitted uses of the subject property.

8.    Establish sign sizes in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains.

9.    Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads and highways.

10.    Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the City.

11.    Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on-site signs) without an excess of signage which may distract drivers or overload their capacity to quickly receive information.

12.    Reduce hazardous situations, confusion and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic.

13.    Regulate signs in a manner so as to not physically interfere with or obstruct the vision of pedestrian or vehicular traffic.

14.    Avoid unnecessary and time-consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the City’s Building and Electrical Codes while limiting the size and number of such signs so as to minimize visual clutter.

15.    Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety.

16.    Enable the fair, consistent and efficient enforcement of the sign regulations of the City.

17.    Regulate signs in a constitutional manner, which is content-neutral as to noncommercial signs and viewpoint-neutral as to commercial signs. All administrative interpretations and discretion is to be exercised in light of this policy and consistent with the purposes and intent stated in this section.

B.    Applicability. This section regulates signs located on private property within all zoning districts of the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power. Except where otherwise expressly provided in this section, all signs located in such areas of the City shall be erected and maintained in conformity with this section. The standards regarding the number and size of signs regulated by this section are maximum standards, unless otherwise stated.

C.    General Provisions.

1.    Sign Approval Required. Except as otherwise expressly provided in this section, it is unlawful for any person to place, erect, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign without first obtaining a sign approval from the Planning Division in accordance with the provisions of this section. No sign approval is required for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made. The following signs do not require sign approval; provided, however, that each such sign shall comply with all applicable requirements of this section:

a.    Construction signs;

b.    Incidental business signs;

c.    Real estate signs;

d.    Temporary freestanding signs permitted by subsection (R) of this section (Temporary Freestanding Signs); and

e.    Window signs.

2.    Owner’s Consent Required. The consent of the property owner or person in control or possession of the property is required before any sign may be erected on any private property within the City.

3.    Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this section. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this section, all noncommercial speech messages are deemed to be “on site,” regardless of location.

4.    Substitution of Noncommercial Message. Subject to the consent of the property owner or person in control or possession of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this section. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.), as well as all Building and Electrical Code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this section, the provisions of this subsection shall prevail.

5.    Substitution of Commercial Messages. The substitution of one commercial message for another commercial message is not automatically allowed, nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages.

6.    Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is erected or displayed and run with the land or personal property. The City may demand compliance with this section and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign.

7.    Outdoor Advertising Act. With respect to any proposed sign that constitutes an “advertising display” as defined by California Business and Professions Code Section 5202, and is intended to be placed or maintained within six hundred sixty (660) feet from the edge of the right-of-way of any interstate or primary highway and the copy of which shall be visible from such interstate or primary highway, the applicant must submit reasonable evidence demonstrating compliance with or exemption from the regulations of the Outdoor Advertising Act (California Business and Professions Code Sections 5200 et seq.).

D.    Administration.

1.    Purpose. The purpose of a sign permit is to help ensure compliance with the provisions of this title and section, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign.

2.    General Sign Approval Process. Where specifically required by this section, the application for a sign approval must be made in writing to the Planning Division. The application must contain the following information and items:

a.    A drawing to scale showing the design of the sign, including dimensions, sign size, colors, materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates.

b.    A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises.

c.    The number, size, type and location of all existing signs on the same building, site or premises.

d.    Such other information as the Director may reasonably request in order to establish that the proposed application is in full compliance with the provisions of this section and code and any other applicable law.

3.    Sign Review—Enhanced Signage. In addition to the standard signage permitted on all properties in accordance with the zoning and use of such property, applicants seeking sign permits for uses such as shopping centers, multi-tenant buildings and other structures or properties with additional signage needs including, but not limited to, properties that are irregularly shaped, large or have poor street visibility, may apply for the approval of signage not otherwise permitted under this section or which exceeds the standard regulations for signs set forth elsewhere in this section.

4.    Master Sign Plans. Shopping centers containing five (5) tenants or more shall prepare a master sign plan for a unified design theme for the center that furthers the architectural theme for the center. This plan is subject to sign review for enhanced signage for conformance with this section and the code. All signs in the center shall thereafter conform to such master sign plan or any master sign plan modification subsequently approved by the Director, provided such signage otherwise complies with this section.

5.    Display of Sign Permit Number Required. The sign permit number must be affixed to each approved sign so that the approval of the sign can be verified by field inspection. The permit number must be easily readable from ground level but does not have to be part of the sign face.

6.    Revocation of a Sign Permit. Subject to subsection (W) of this section (Appeals), the Director may revoke any permit approval upon refusal of the permit holder to comply with the provisions of this section after written notice of noncompliance and at least fifteen (15) days’ opportunity to cure.

E.    General Location, Height and Area Standards.

1.    Location Standards.

a.    Except as specifically provided in this section, no sign shall be located upon or project over a public right-of-way.

b.    No sign shall extend above the eave line or parapet or the lowest point on the sloping roof of the building on which it is located.

c.    Signs shall be designed and located so as not to interfere with the unobstructed clear view of another sign located on an adjacent property, the public right-of-way, and nearby traffic regulatory signs or any pedestrian, bicyclist or motor vehicle driver.

d.    No sign shall be located so as to have a negative impact on the visibility or aesthetic appearance of any adjacent property.

e.    Except as specifically permitted in this section, all signs shall be considered on-site signs, which direct attention to a commercial or industrial occupancy, business, commodity, good, product, service or other commercial or industrial activity conducted, sold or offered upon the site where the sign is maintained.

2.    Sign Height. For freestanding signs, height shall be measured using the greatest vertical measurement from grade level along the base of the sign structure to the highest point of the sign. Sign height shall be measured from the elevation of the top of the curb fronting such sign when within ten (10) feet of a street property line. When a sign is set back from a property line more than ten (10) feet, sign height shall be measured from the elevation of the ground level surrounding the base of the sign.

3.    Sign Area. The surface area of any sign face shall be computed from the smallest rectangles, circles or triangles which will enclose all words, letters, figures, symbols, designs and pictures, together with all framing, background material, colored or illuminated areas, and attention-attracting devices forming an integral part of the overall display, but excluding all support structures, except that:

a.    Superficial ornamentation or symbol-type appendages of a non-message-bearing character which do not exceed five percent (5%) of the surface area shall be exempted from computation.

b.    Wall signs affixed directly to a building wall, facade or roof, and having no discernible boundary, shall have the areas between letters, words intended to be read together, and any device intended to draw attention to the sign message included in any computation of surface area.

c.    Signs placed in such a manner, or bearing a text, as to require dependence upon each other in order to convey meaning shall be considered one (1) sign and the intervening areas between signs included in any computation of surface area.

d.    Spherical, cylindrical or other three (3) dimensional signs not having conventional sign faces shall be computed from the smallest three (3) dimensional geometrical shape or shapes which will best approximate the actual surface area of such faces.

e.    Logos, sign bands and graphics shall be included as part of the calculation of sign area.

F.    Design, Material, Construction and Maintenance Standards. Each permanent approved sign shall comply with the following standards:

1.    Materials and Colors. All permanent signs shall be constructed of durable materials that are compatible in appearance to the building supporting or identified by the sign. Such materials may include, but are not limited to: ceramic tile; sandblasted, hand-carved or routed wood; channel lettering; or concrete, stucco or stone monument signs with recessed or raised lettering. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity.

2.    Relationship to Buildings. Each permanent sign located upon a site with more than one (1) main building, such as a commercial, mixed use, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings.

3.    Relationship to Other Signs. Where there is more than one (1) sign on a site or building, all permanent signs shall have designs that similarly treat or incorporate the following design elements:

a.    Type of construction materials;

b.    Sign/letter color and style of copy;

c.    Method used for supporting sign (i.e., wall or ground base);

d.    Sign cabinet or other configuration of sign area;

e.    Illumination; and

f.    Location.

4.    Notwithstanding the provisions of this section, the Commission, after public hearing and notice pursuant to the provisions of this code, has the authority to establish special signage districts with specific design standards to enable reasonable flexibility for unique circumstances and special design themes.

5.    Sign Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties, and in no event shall illumination be permitted to cause such excessive glare as to constitute a potential hazard to traffic safety. Externally illuminated signs shall be lighted by screened or hidden light sources.

6.    Construction. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable State, Federal and City regulations including the City’s Building Code and Electrical Code.

7.    Maintenance. Every sign and all parts, portions and materials shall be maintained in good repair. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair. The exposed back of any sign must be suitably covered.

8.    Restoration of Building or Property. Within thirty (30) days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding sign, the wall of the building or the grounds of the premises shall be repaired and restored to remove any visible damage or blemish left by the removal of the sign.

G.    Commercial Signs in General. Commercial signs are permitted in all zones wherever commercial or other nonresidential uses are permitted subject to the regulations contained in subsections (G) (Commercial Signs in General) through (R) (Temporary Freestanding Signs) of this section.

H.    Building Identification Signs. Building identification signs are permitted in all zones subject to the following regulations:

1.    Number and Area.

a.    In NU zones, UR1, UR2 and OS zones, one (1) wall-mounted sign, not to exceed one (1) square foot in sign area, shall be permitted per principal use.

b.    In UR3, UR4, and UR5 zones, one (1) wall-mounted sign, not to exceed six (6) square feet in sign area, shall be permitted per principal use.

c.    In C, MX, PI, and I zones, one (1) wall-mounted sign shall be permitted per principal use, provided:

i.    The sign does not exceed six (6) square feet in sign area where located less than thirty (30) feet above ground level, measured at the base of the building below such sign; or

ii.    The sign does not exceed two percent (2%) of the exterior wall area of the building wall on which it is mounted, excluding penthouse walls, where located more than thirty (30) feet above ground level, measured at the base of the building below such sign.

d.    This provision shall not be interpreted to prohibit the use of similar signs of a larger size or in greater number where otherwise permitted by this code and computed as part of the sign area permitted for commercial signs as provided in subsections (G) (Commercial Signs in General) through (R) (Temporary Freestanding Signs) of this section.

2.    Lighting. Building identification signs may be internally or externally lighted, subject to the following:

a.    In R zones, no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts; and

b.    In the OS zone, exposed lamps or light bulbs are prohibited.

3.    Sign Copy. Only individual letters of a business name or individual letters and adjacent logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

I.    Construction Signs. Construction signs are permitted in all zones, subject to the following regulations:

1.    Number and Area.

a.    In R and OS zones, one (1) wall-mounted or freestanding construction sign shall be permitted for each street or highway frontage, provided:

i.    The sign does not exceed twelve (12) square feet in sign area on any lot with street or highway frontage of one hundred (100) feet or less; or

ii.    The sign does not exceed sixty-four (64) square feet in sign area on any lot with street or highway frontage greater than one hundred (100) feet.

b.    In C, MX, PI, and I zones, one (1) wall-mounted or freestanding construction sign shall be permitted for each street or highway frontage, provided:

i.    The sign does not exceed ninety-six (96) square feet in sign area on any lot with street or highway frontage of one hundred (100) feet or less; or

ii.    The sign does not exceed one hundred forty-four (144) square feet in sign area on any lot with street or highway frontage greater than one hundred (100) feet.

2.    Height. Freestanding construction signs shall not exceed the following heights:

a.    In the R and OS zones—eight (8) feet; and

b.    In the C, MX, PI, and I zones—sixteen (16) feet.

3.    Location. Construction signs shall be maintained only upon the site of the building or structure under construction, alteration or in process of removal.

4.    Lighting.

a.    Construction signs in the R and OS zones shall be unlighted.

b.    Construction signs in C, MX, PI, and I zones may be internally or externally lighted.

5.    Time Limit. All construction signs shall be removed from the premises within thirty (30) days after the completion of construction, alteration or removal of the structure.

6.    Sign Copy. Names of owners, lenders, contractors, architects, engineers, future tenants and others associated with a construction project may be permitted. No other advertising matter may be permitted.

J.    Directional and Informational Signs. Freestanding or wall-mounted directional and informational signs are permitted in the C, MX, PI, and I zones and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations:

1.    Sign Review for Enhanced Signage. In the R and OS zones, an application for a sign review for enhanced signage must be submitted and approved prior to the placement of any directional or informational signs. In addition to the findings generally required for sign review for enhanced signage, approval of such signs shall be contingent upon the additional finding that the geographic location of or access route to the use identified creates a need for any directional or informational signs not satisfied by other signs permitted by this section.

2.    Area.

a.    In all permitted zones, a maximum area of six (6) square feet per wall-mounted sign or freestanding sign face, including the base, shall be permitted.

b.    In all permitted zones, for properties where visibility constraints justify larger signing, a maximum area of twelve (12) square feet per wall-mounted sign or freestanding sign face, including the base, shall be permitted, pursuant to a review for enhanced signing.

c.    In all permitted zones, freestanding signs shall have no more than two (2) sign faces.

3.    Height.

a.    In all permitted zones, freestanding signs shall not exceed a height of six (6) feet.

b.    In all permitted zones, for properties where visibility constraints justify higher signing, freestanding signs shall not exceed a height of eight (8) feet, pursuant to a sign review for enhanced signing.

c.    In all permitted zones, wall-mounted signs shall not exceed a height of three (3) feet.

4.    Location.

a.    In the C, MX, PI, and I zones, freestanding signs shall be located on site and shall be set back a minimum one (1) foot from any street or public right-of-way.

b.    In the OS zone, freestanding signs may be located on site and off site and shall be set back a minimum five (5) feet from any street or public right-of-way.

c.    In the R zone, freestanding signs shall be located on site and shall be set back a minimum five (5) feet from any street or public right-of-way.

d.    In all permitted zones, freestanding signs shall be incorporated within a landscape planter unless permitted otherwise by the Director.

e.    In all permitted zones, freestanding signs shall be set back a minimum twenty-five (25) feet from any adjacent R or OS zoned property.

5.    Lighting.

a.    In the C, MX, PI, and I zones, signs may be internally or externally lighted.

b.    In the R and OS zones, signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts.

6.    Sign Copy. Name of business, organization, service and information providing direction may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

K.    Incidental Business Signs. Incidental business signs are permitted in the C, MX, PI, and I zones and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations:

1.    Each business establishment may be permitted an incidental business sign provided:

a.    The sign is a window sign; and

b.    The sign does not exceed two (2) square feet in sign area.

2.    This provision shall not be interpreted to prohibit the use of similar signs of a larger size or in greater numbers where otherwise permitted by this code or computed as part of the sign area permitted for commercial signs provided in this section.

3.    Sign Copy. Name of incidental businesses indicating credit cards accepted, trading stamps offered, trade affiliations, and similar matter may be permitted.

L.    Monument Signs. Monument signs are permitted in the C, MX, PI, and I zones and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations:

1.    Number.

a.    In all permitted zones, only one (1) monument sign may be permitted on any lot or parcel of land having a minimum of one hundred (100) feet of continuous street or highway frontage. For the purposes of calculating frontage on a corner lot or commercial center, frontage shall include the total linear distance of such lot(s) on each of the streets.

b.    In the C, MX, PI, and I zones, notwithstanding subsection (L)(1)(a) of this section, in the event of any commercial center, lot or parcel of land having continuous street or highway frontage exceeding one hundred (100) feet, one (1) additional monument sign shall be permitted for each additional four hundred (400) feet of continuous frontage. In no event, however, shall a monument sign be located closer than two hundred fifty (250) feet from any other monument or freestanding sign on the same property or center.

c.    In order to reduce the number of nonconforming signs within the City, no parcel of land whereon there exists any legal nonconforming pylon sign shall be allowed a monument sign unless at least one (1) existing legal nonconforming pylon sign or billboard of equal or greater sign area is first removed.

2.    Area.

a.    In all permitted zones, a maximum area of fifty-four (54) square feet per sign face, including the base, shall be permitted.

b.    In the C, MX, PI, and I zones, for larger centers of three (3) or more acres or where visibility constraints justify a monument sign as opposed to a pylon sign, the sign may have an area exceeding fifty-four (54) square feet per sign face, including the base, pursuant to a sign review for enhanced signing.

c.    In all permitted zones, a monument sign shall have no more than two (2) sign faces that are back-to-back and facing in opposite directions.

3.    Height.

a.    In all permitted zones, a maximum height of six (6) feet shall be permitted.

b.    In the C, MX, PI, and I zones, for larger centers of three (3) or more acres or where visibility constraints justify a monument sign as opposed to a pylon sign, a maximum height of up to eight (8) feet may be permitted, pursuant to a sign review for enhanced signing.

4.    Location.

a.    In the C, MX, PI, and I zones, monument signs shall be set back a minimum one (1) foot from any street or public right-of-way.

b.    In the R and OS zones, monument signs shall be set back a minimum five (5) feet from any street or public right-of-way.

c.    In all permitted zones, monument signs shall be incorporated within a landscape planter unless permitted otherwise by the Director.

d.    In all permitted zones, signs shall be placed outside of a clear sight line setback zone defined as eight (8) feet from curb line at the centerline of the driveway, diminishing to the curb line measured fifty (50) feet from the centerline of the driveway in both directions.

e.    In all permitted zones, monument signs shall be set back a minimum twenty-five (25) feet from any adjacent R zoned property.

5.    Lighting.

a.    In the C, MX, PI, and I zones, monument signs may be internally or externally lighted.

b.    In the R and OS zones, signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts.

6.    Multiple-Tenant Signs. Monument signs displaying five (5) or more tenants per sign face are permitted pursuant to a master sign plan.

7.    Address. Monument signs shall clearly show the property address with letter sizes not to exceed eight (8) inches in height.

8.    Sign Copy. Only the name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) and addresses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

M.    Off-Site Signs. Off-Site Signs. Notwithstanding any other provision of this section or code and except as permitted under Section 17.26.100 (Billboard Reduction and Relocation Agreement) or 17.28.100 (Development Agreements), any off-site sign (including any billboard) that was lawfully erected prior to November 13, 1990, may be maintained and repaired in accordance with the applicable regulations of this section as a legal nonconforming use; provided, however, that such legal nonconforming use may not be expanded and must ultimately be eliminated in accordance with Section 17.05.050 (Elimination of Legal Nonconforming Uses and Structures).

N.    Pylon Signs. In lieu of a monument sign as permitted in subsection (L) of this section (Monument Signs), pylon signs are permitted in the C, MX, PI, and I zones and for commercial uses in the OS zones subject to the following regulations:

1.    Number.

a.    In all permitted zones, a maximum of one (1) pylon sign per parcel of land or commercial center containing a minimum of three (3) acres and five hundred (500) feet of street frontage shall be permitted. For the purposes of calculating frontage on a corner lot, frontage shall include the total linear distance of such lot along each of the streets.

b.    In the C, MX, PI, and I zones, notwithstanding subsection (N)(1)(a) of this section, in the event of any commercial center, lot or parcel of land having continuous street or highway frontage exceeding five hundred (500) feet, one (1) additional pylon or monument sign may be permitted for larger centers with more than one thousand (1,000) feet of street frontage, pursuant to a sign review for enhanced signing. In no event shall a pylon or monument sign be located closer than two hundred fifty (250) feet from any other pylon or monument sign on the same property or center.

c.    In order to reduce the number of nonconforming signs within the City, no parcel of and whereon there exists any legal nonconforming pylon signs shall be allowed another pylon sign unless all existing legal nonconforming pylon signs or billboards are first removed.

2.    Area.

a.    In the C, MX, PI, and I zones, a maximum area of forty (40) square feet per sign face shall be permitted.

b.    In the C, MX, PI, and I zones, for larger centers with more than one thousand (1,000) feet of street frontage, signs may have a maximum area up to one hundred sixty (160) square feet pursuant to a sign review for enhanced signing.

c.    In the OS zone, a maximum area of twenty-four (24) square feet per sign face shall be permitted.

d.    In all permitted zones, a pylon sign shall have no more than two (2) sign faces that are back-to-back and facing in opposite directions.

3.    Height.

a.    In all permitted zones, a maximum height of fifteen (15) feet shall be permitted.

b.    In the C, MX, PI, and I zones, for larger centers with more than one thousand (1,000) feet of street frontage, a maximum height of up to twenty (20) feet may be permitted, pursuant to a sign review for enhanced signing.

4.    Location.

a.    In the C, MX, PI, and I zones, pylon signs shall be set back a minimum of three (3) feet from any street or public right-of-way.

b.    In the OS zone, pylon signs shall be set back a minimum of five (5) feet from any street or public right-of-way.

c.    In all permitted zones, pylon signs shall be incorporated within a landscape planter unless permitted otherwise by the Director.

d.    In all permitted zones, pylon signs shall be set back a minimum twenty-five (25) feet from any R zoned property.

5.    Lighting.

a.    In the C, MX, PI, and I zones, pylon signs may be internally or externally lighted.

b.    In the OS zone, pylon signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts.

6.    Multiple-Tenant Signs. Signs displaying five (5) or more tenants per sign face are permitted pursuant to a master sign plan.

7.    Sign Copy. Only the name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) and addresses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

O.    Real Estate Signs. Real estate signs are permitted in all zones subject to the following restrictions:

1.    Number and Area.

a.    In NU zones, UR1, UR2, and OS zones, one (1) wall-mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided:

i.    The sign does not exceed six (6) square feet in sign area or twelve (12) square feet in sign area, if two (2) sided, on any lot having a street or highway frontage of one hundred (100) feet or less; or

ii.    The sign does not exceed thirty-two (32) square feet in sign area or sixty-four (64) square feet in sign area, if two (2) sided, on any lot having a street or highway frontage greater than one hundred (100) feet.

b.    In UR3, UR4, and UR5 zones, one (1) wall-mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided:

i.    The sign does not exceed twelve (12) square feet in sign area or twenty-four (24) square feet in sign area, if two (2) sided, on any frontage of one hundred (100) feet or less; or

ii.    The sign does not exceed thirty-two (32) square feet in sign area or sixty-four (64) square feet in sign area, if two (2) sided, on any lot or parcel of land having a street or highway frontage greater than one hundred (100) feet.

c.    In the C, MX, PI, and I zones, one (1) wall-mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided:

i.    The sign does not exceed thirty-two (32) square feet in sign area or sixty-four (64) square feet in sign area, if two (2) sided, on any frontage of one hundred (100) feet or less; or

ii.    The sign does not exceed forty-eight (48) square feet in sign area or ninety-six (96) square feet, if two (2) sided, on any frontage in excess of one hundred (100) feet.

2.    Height. Freestanding real estate signs shall not exceed the following heights:

a.    In the R and OS zones—six (6) feet; and

b.    In the C, MX, PI, and I zones—eight (8) feet.

3.    Location.

a.    Freestanding real estate signs may be placed in front yard setback areas, provided such signs are located not less than ten (10) feet from any adjacent street or highway; and

b.    Freestanding real estate signs shall not be placed nearer to any lot line than ten (10) feet.

4.    Lighting.

a.    Real estate signs in the R and OS zones shall not be lighted; and

b.    Real estate signs in C, MX, PI, and I zones may be internally or externally lighted.

5.    Time Limit. All real estate signs shall be removed from the premises within thirty (30) days after the property has been rented, leased or sold.

6.    Sign Copy. “For Sale,” “For Lease,” or “Available” and name of broker, property manager, telephone number, and website address may be permitted. Price information and other information which makes the sign appear to be advertisement are prohibited.

P.    Special-Purpose Signs. The following special-purpose signs are permitted as provided in this subsection:

1.    Automobile Dealership Identification Placard Signs. On-site automobile identification placards for approved franchised vehicle sales facilities are permitted on street frontage parking lot light standards pursuant to sign review for enhanced signing and the following regulations:

a.    Area. A maximum area of eight (8) square feet per placard shall be permitted.

b.    Number. A maximum two (2) placards on each side of a light standard shall be permitted for a total maximum of four (4) signs per light standard.

c.    Lighting. Signs shall not be lighted.

d.    Sign Copy. Name and/or logo of auto dealer and/or make of vehicle sold on site may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

2.    Automotive-Oriented Pylon Signs. Automotive-oriented pylon signs are permitted in the VDS overlay zone, for businesses primarily devoted to automotive sales or service, pursuant to a sign review for enhanced signing and the following regulations:

a.    Number. A maximum of one (1) sign is permitted on a lot or parcel of land.

b.    Area. A maximum area of two hundred (200) square feet per sign face shall be permitted.

c.    Height. A maximum height of thirty-five (35) feet shall be permitted.

d.    Lighting. Signs may be internally or externally lighted. No exposed neon or incandescent lamp shall be utilized.

e.    All other applicable code provisions for pylon signs shall apply.

f.    Sign Copy. Name and/or logo of auto dealer and/or make of vehicle sold on site and addresses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

3.    Awning Sign. Awning signs are permitted in the C, MX, and I zones subject to the following regulations:

a.    Number. A maximum of one (1) sign per permitted awning shall be allowed.

b.    Height. A maximum height of one (1) foot shall be permitted.

c.    Width. A maximum width of fifty percent (50%) of the awning fascia shall be permitted.

d.    Location. Awning signs shall be located on the face of the awning only.

e.    Lighting. Awning signs may be externally lit (i.e., gooseneck lighting).

f.    Sign Copy. Only the name of the business and/or logo may be permitted.

g.    Any requests exceeding the requirements for awning signs shall be subject to a sign review for enhanced signage.

4.    Banner Signs. Banner signs include grand opening banner signs and special event banner signs of a commercial nature and are permitted in the C, I, MX, and PI zones subject to the following regulations:

a.    Grand Opening Banner Signs. Grand opening banner signs are permitted for new businesses in the C, I, MX, and PI zones subject to the following regulations:

i.    Number. In all permitted zones, a maximum of one (1) grand opening banner shall be permitted per establishment.

ii.    Time Limits. Signs shall be limited to one (1) thirty (30) consecutive day period for each establishment.

iii.    Height and Area. Signs shall be limited to three (3) feet in height and sixty (60) square feet in area and may not include prices, telephone numbers, leasing information, name brands, or specific items for sale. Signs may read “Grand Opening” or “Coming Soon” and may include the business name and logo.

iv.    Location. Signs shall be affixed wholly to the structure associated with the special event, shall not extend above the roofline and shall not encroach into the public right-of-way.

v.    Sign Copy. Name of business, “Grand Opening,” “Coming Soon,” and/or similar words describing the opening of business may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

b.    Special Event Banner Signs. Special event banner signs are permitted in the C, I, MX, and PI zones subject to the following regulations.

i.    Number. In all permitted zones, a maximum of one (1) special event banner shall be permitted per establishment.

ii.    Time Limits.

(A)    The use of a special event banner for each establishment shall be limited to no more than thirty (30) days within the period beginning January 1st and ending June 30th, and an additional thirty (30) days within the period of July 1st and ending December 31st. The number of events within each six (6) month period may not exceed three (3) and no single event shall exceed thirty (30) consecutive days.

(B)    A business located within a commercial center, undergoing construction, with an active building permit, may be permitted one (1) temporary banner in lieu of a wall sign, during the period of construction.

iii.    Height and Area. Signs shall be limited to three (3) feet in height and sixty (60) square feet in area and may not include prices, telephone numbers, leasing information, name brands or specific items for sale.

iv.    Location. Signs shall be affixed wholly to the structure associated with the special event, shall not extend above the roofline and shall not encroach into the public right-of-way.

v.    Sign Copy. Name of business and/or a unique event, happening, action, or occasion permitted to occur on site may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

5.    Changeable Copy Signs. In lieu of a regular monument, pylon or wall sign otherwise permitted under this section, one (1) changeable copy sign may be permitted on each lot or parcel of land in any zone if the premises are (i) approved for a use allowing the assembly of one hundred (100) or more persons for meetings or other events and (ii) such meetings or other events occur on a regular basis, pursuant to a sign review for enhanced signing and the following regulations:

a.    Area. In no event shall a sign exceed one hundred (100) square feet in sign area.

b.    All other applicable code provisions pertaining to monument, pylon or wall signs shall apply.

c.    Sign Copy. Changeable copy, letters, symbols, or numerals providing information related to meetings or other events may be permitted. Other information which makes the sign appear to be advertisement is prohibited.

6.    Community Identification Signs. Freestanding community identification signs are permitted in any zone at or near the entrance to Canyon Country, Newhall, Saugus, Valencia, Sand Canyon, Placerita Canyon or other recognized community pursuant to a sign review for enhanced signing and the following regulations:

a.    Area. Signs shall not exceed ninety-six (96) square feet in sign area or one hundred ninety-two (192) square feet in sign area, if two (2) sided.

b.    Height. Signs shall not exceed fifteen (15) feet in height.

c.    Lighting. Such signs may be internally or externally lighted.

d.    Design. Signs shall be architecturally related to the community area in which they are located and shall be constructed with decorative materials that are compatible with the location and the community.

e.    All other applicable code provisions for monument or pylon signs shall apply.

f.    Sign Copy. Name of a recognized community (e.g., Canyon Country, Newhall, Saugus, or Valencia) or the City may be permitted. No advertising matter is permitted.

7.    Corporate Flags. Corporate flags are permitted in the C, I, MX, and PI zones subject to the following regulations:

a.    Number. A single corporate flag may be flown; provided, that it is flown in conjunction with, and in similar fashion as, a Federal and/or State flag. In no circumstance shall more than three (3) flags be flown, including the single allowable corporate flag.

b.    Area. A maximum of twenty-four (24) square feet in area shall be permitted per flag.

c.    Sign Copy. Only the name and/or logo of the retail/office center (or name of retail/office center and on-site businesses or organizations) may be permitted.

8.    Electronic Readerboard Signs. In lieu of a regular monument, pylon, freeway-oriented or freeway commercial center sign otherwise permitted in this section, one (1) electronic readerboard sign may be permitted on each lot or parcel of land in the C, MX, and I zones subject to approval of a conditional use permit and the following regulations:

a.    Number. A maximum one (1) sign shall be permitted for each lot or parcel of land containing a minimum area of twenty-five (25) acres.

b.    Lighting.

i.    The proposed display illumination shall not have continuous motion or appear to be in continuous motion.

ii.    The message rate shall not change at a rate faster than one (1) message every four (4) seconds.

iii.    The interval between messages shall be a minimum one (1) second.

iv.    The intensity of the illumination does not change.

c.    Location. Signs shall be set back a minimum one hundred (100) feet from any R zone.

d.    All other applicable code provisions for monument, pylon, freeway-oriented or freeway commercial center signs shall apply.

e.    Sign Copy. Only the name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) and addresses may be permitted. All other sign copy information shall be subject to the requirements of a conditional use permit.

9.    Freeway Commercial Center Signs. Freeway commercial center signs are permitted in the C, MX, and I zones for signs to be viewed primarily from an adjacent freeway subject to approval of a conditional use permit and the following regulations:

a.    Number.

i.    A maximum one (1) on-site or off-site sign shall be permitted for each lot or parcel of land along a freeway containing a minimum land area of fifty (50) acres.

ii.    Additional freeway commercial center signs may be permitted provided they are separated a minimum two thousand feet (2,000) feet from any other freeway commercial center sign and five hundred (500) feet from any other freestanding sign.

b.    Area. A maximum of nine hundred (900) square feet in sign area per face, including the base, shall be permitted.

c.    Height. A maximum height of twenty-five (25) feet shall be permitted.

d.    Lighting. Signs may be internally or externally lighted.

e.    Design. Signs shall be architecturally related to the area in which they are located, or if located in areas without development, shall be in keeping with the natural surroundings.

f.    All other applicable code provisions for pylon signs shall apply.

g.    Sign Copy. Only name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) may be permitted. All other sign copy information shall be subject to the requirements of a conditional use permit. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

10.    Freeway-Oriented Pylon Signs. Freeway-oriented pylon signs are permitted in the C, MX, PI and I zones for food, lodging or motor vehicle fuel businesses to be viewed primarily from an adjacent freeway, pursuant to a sign review for enhanced signing and the following regulations:

a.    Number. A maximum of one (1) sign is permitted on a lot or a parcel of land.

b.    Area. A maximum area of two hundred (200) square feet per sign face shall be permitted.

c.    Height. A maximum height of thirty-five (35) feet shall be permitted, unless a conditional use permit is approved.

d.    Lighting. Signs may be internally or externally lighted. No exposed neon or incandescent lamp shall be utilized.

e.    All other applicable code provisions for pylon signs shall apply.

f.    Sign Copy. Only the name and/or logo of food, lodging, or motor vehicle fuel businesses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

11.    Fuel Pricing Signs. Fuel pricing signs are permitted in the C, MX, PI, and I zones for businesses offering gasoline or other motor vehicle fuel for sale, subject to the following regulations:

a.    Types. Signs shall be separate freestanding signs, panels mounted to freestanding sign structures, or combined freestanding commercial and fuel pricing signs.

b.    Number and Area.

i.    One (1) sign, not to exceed sixty (60) square feet in sign area, including the base, shall be permitted for each street or highway frontage.

ii.    If a business is located on a street corner, one (1) pylon sign, not to exceed one hundred (100) square feet in sign area, may be permitted at the corner in lieu of separate signs on each of the intersecting frontages, pursuant to a sign review for enhanced signing.

c.    Height.

i.    A maximum height of six (6) feet shall be permitted.

ii.    For signs located on a street corner, a pylon sign with a maximum height of fifteen (15) feet may be permitted, pursuant to a sign review for enhanced signing.

d.    Location. Freestanding signs shall be set back a minimum twenty-five (25) feet from an existing freestanding sign or to a lot line other than one adjoining a street or highway.

e.    All other applicable code provisions for monument or pylon signs shall apply.

f.    Sign Copy. Fuel prices, oil company name, brand or trade name, foodmart name, carwash name, grade designation, and such other information as may be required by law may be permitted. Electronic display for fuel pricing may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

12.    Gas Sales Canopy Signs. Gas sales canopy signs are permitted in the C, MX, PI, and I zones for businesses offering gasoline or other motor vehicle fuel for sale, subject to the following regulations:

a.    Number. A maximum of four (4) signs, not to exceed one (1) sign per canopy fascia, shall be permitted.

b.    Height. A maximum height of fifty percent (50%) of the height of the canopy fascia or two (2) feet, whichever is less, shall be permitted. Sign shall not extend above or below the canopy fascia.

c.    Width. A maximum width of fifty percent (50%) of the width of the canopy fascia to which the sign is attached shall be permitted.

d.    Location. Signs shall be located on a permitted gas station canopy, set back a minimum of twenty-five (25) feet from any residential zone.

e.    Lighting. Signs may be internally or externally lit.

f.    Sign Copy. Only individual letters of a business name or individual letters and adjacent logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

g.    Any requests exceeding the requirements for gas sales canopy signs shall be subject to a sign review for enhanced signage.

13.    Marquee Signs. Marquee signs for approved movie and live performance/theater uses are permitted in any C, MX, PI, zone subject to the approval of a sign review for enhanced signage and the following regulations:

a.    Area. Signs shall be proportional in sign area to the structure on which they are located.

b.    Height. Signs shall not exceed fifteen (15) feet in height.

c.    Lighting. Signs may be internally or externally lighted.

d.    Sign Copy. Name of movie or live performance theater may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

14.    Menu Board Signs. Menu board signs are permitted in C, MX, PI, and I zones in conjunction with drive-through restaurants, subject to the following regulations:

a.    Number. A maximum of one (1) sign per service lane where customers view the menu while ordering food from their vehicles shall be permitted.

b.    Height. A maximum height of six (6) feet shall be permitted.

c.    Area. A maximum area of forty-five (45) square feet shall be permitted.

d.    Location. Menu board signs shall be placed where it or a customer’s vehicle will not interfere with traffic flow and located in conformance with stacking requirements as identified in Section 17.66.030 (Drive-Through Uses).

e.    Sign Copy. Name of business, a menu display and items offered on the menu may be permitted.

f.    Any requests exceeding the requirements for menu board signs shall be subject to a sign review for enhanced signage.

15.    Preview Board Signs. Preview board signs are permitted in C, MX, PI, and I zones in conjunction with drive-through restaurants, subject to the following regulations:

a.    Number. A maximum of one (1) sign per service lane where customers preview the menu from their vehicles shall be permitted.

b.    Height. A maximum height of six (6) feet shall be permitted.

c.    Area. A maximum area of twenty (20) square feet shall be permitted.

d.    Location. Order board signs shall be placed where it or a customer’s vehicle will not interfere with traffic flow and located in conformance with stacking requirements as identified in Section 17.66.030 (Drive-Through Uses).

e.    Sign Copy. Name of business, a menu display and items offered on the menu may be permitted.

f.    Any requests exceeding the requirements for preview board signs shall be subject to a sign review for enhanced signage.

16.    Projecting Signs. Projecting signs are permitted in the CR zone, pursuant to a sign review for enhanced signage and the following regulations:

a.    Number. A maximum of one (1) sign shall be allowed per ground-floor business.

b.    Height. A maximum height of six (6) feet may be permitted.

c.    Area. A maximum area of twelve (12) square feet shall be permitted.

d.    Location. Projecting signs shall be located along the main elevation with a primary entrance, facing a street, interior mall, or on-site parking area. The bottom of such sign shall be no closer than eight (8) feet from the ground below.

e.    Projection. Projecting signs shall not project more than four (4) feet from the face of the wall to which it is attached, including all support structures. No portion of the projecting sign shall be located over the public right-of-way.

f.    Lighting. Projecting signs may be internally or externally lighted.

g.    Sign Copy. Only a business name and/or logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

17.    Under-Canopy Signs. Under-canopy signs are permitted in the C, MX, and I zones subject to the following regulations.

a.    Number. A maximum of one (1) sign shall be allowed per business.

b.    Height. A maximum height of one and one-half (1 1/2) feet shall be permitted.

c.    Area. A maximum area of four and one-half (4 1/2) square feet shall be permitted.

d.    Location. Under-canopy signs shall be located on the underside of a projecting canopy protruding over a private sidewalk and have the required ground clearance.

e.    Lighting. Awning signs may be externally lit (i.e., gooseneck lighting).

f.    Sign Copy. Only the name of the business and/or logo may be permitted.

Q.    Subdivision Identification, Sales, Entry and Special-Feature Signs. Subdivision sales, identification and related entry and special-feature signs are permitted in all zones subject to the following regulations:

1.    Subdivision Identification Signs, Pursuant to a Sign Review for Enhanced Signing. Includes on-site signs that identify a subdivision, but which contain no other advertising matter.

a.    Area. Signs shall not exceed fifty-four (54) square feet in sign area.

b.    Height. Signs shall not exceed six (6) feet in height.

c.    Lighting. Signs may be externally lighted or backlit (halo lighting).

d.    Sign Copy. Name of an on-site subdivision and address may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

2.    Subdivision Sales Signs. Includes temporary signs that contain the names of and the information relating to a subdivision being offered for sale or lease for the first time, but contain no other advertising matter.

a.    Number and Area. One (1) freestanding subdivision sales sign shall be permitted for each street or highway frontage bordering the tract, provided:

i.    Signs shall not exceed sixty-four (64) square feet in sign area where such tract contains ten (10) lots or less;

ii.    Signs shall not exceed one hundred twenty-eight (128) square feet in area where such tract contains eleven (11) to nineteen (19) lots; and

iii.    Signs shall not exceed one hundred eighty (180) square feet in area where such tract contains more than twenty (20) lots.

b.    Height.

i.    Subdivision sales signs shall not exceed the following heights:

(A)    Eight (8) feet where such sign has a sign area of sixty-four (64) square feet or less; and

(B)    Sixteen (16) feet where such sign is sixty-five (65) square feet or greater in sign area.

ii.    Where a wall is required as a condition of approval along the street or highway frontage for which such sign is permitted, the Director may modify this height regulation as may be necessary to allow for the visibility of the sign.

c.    Location. All subdivision sales signs shall be located on the subdivision and shall be oriented to read from the street or highway for which such sign is permitted.

d.    Lighting. Subdivision sales signs may be internally or externally lighted.

e.    Time Limit. Subdivision sales signs shall be maintained only until all the property is disposed of, or for a period of three (3) years from the date of issuance of the first building permit for the subdivision, whichever should occur first. Any structure used for such purpose shall, at the end of such three (3) year period, be either removed or restored for a use permitted in the zone where located, except that the Director may, upon showing of need by the owner of the property, extend the permitted time beyond three (3) years.

f.    Sign Copy. Name of an on-site subdivision and information relating to a subdivision being offered for sale or lease for the first time may be permitted. Other advertising matter is prohibited.

3.    Subdivision Entry and Special-Feature Signs. Includes temporary signs that provide necessary travel directions to and within a subdivision offering properties for sale or lease for the first time, but which contain no other advertising matter.

a.    Sign Review for Enhanced Signage. Subject to the approval of a sign review for enhanced signage, the following related signs may be permitted in any subdivision qualifying for subdivision sales signs:

i.    Subdivision entry signs as are necessary to facilitate entry into and movement within the subdivision; and

ii.    Subdivision special-feature signs located in the immediate vicinity of an approved model home and temporary real estate tract office.

b.    Area.

i.    Subdivision entry signs shall not exceed twenty-four (24) square feet in sign area.

ii.    Subdivision special-feature signs shall not exceed twelve (12) square feet in sign area.

c.    Height. Subdivision entry and special-feature signs shall not exceed eight (8) feet in height.

d.    Lighting. Subdivision entry and special-feature signs shall be unlighted.

e.    Location. Subdivision entry and special-feature signs shall be located within the subdivision.

f.    Time Limit. Subdivision entry and special-feature signs shall have the same time limit as subdivision sales signs approved for the same tract and shall be removed at the end of such period.

g.    Sign Copy. Name of an on-site subdivision and necessary travel directions may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

4.    Subdivision Directional Signs. Includes temporary on- or off-site signs that provide necessary travel directions to a subdivision, located within the City, offering properties for sale for the first time, but which contain no other advertising matter.

a.    Sign Review for Enhanced Signage. Subject to the approval of a sign review for enhanced signage, subdivision directional signs, located on- or off-site, providing necessary travel directions to a new subdivision, may be permitted.

b.    Number. The total number of subdivision directional signs shall not exceed three (3).

c.    Area. Subdivision directional signs shall not exceed four (4) square feet.

d.    Height. Subdivision directional signs shall not exceed three (3) feet.

e.    Lighting. Subdivision directional signs shall be unlighted.

f.    Location. Subdivision directional signs shall be located within one (1) mile of the subject subdivision and shall not be located in the public right-of-way.

g.    Time Limit. Subdivision directional signs shall be permitted for weekend events only, from four p.m. Friday to ten a.m. Monday. Subdivision directional signs shall have the same time limit as subdivision sales signs.

h.    Sign Copy. Name of the subdivision and necessary travel directions that relate exclusively to the subdivision being offered for sale may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited.

R.    Temporary Freestanding or Temporary Mounted Signs. Temporary freestanding or temporary mounted signs are permitted in all zones subject to the following regulations:

1.    Number and Time Limits.

a.    In the C, MX, PI, I and OS Zones. No temporary freestanding or temporary mounted commercial signs permitted at any time.

b.    In the R Zone. No temporary freestanding or temporary mounted commercial signs permitted at any time.

2.    Area.

a.    In the C, MX, PI, I and OS Zones. A maximum area for each temporary freestanding or temporary mounted noncommercial sign of thirty-two (32) square feet and a maximum aggregate area for all temporary freestanding or temporary mounted noncommercial signs on an individual parcel or within a commercial center of two hundred (200) square feet is permitted.

b.    In the R Zone. A maximum area for each temporary freestanding or temporary mounted noncommercial sign of thirty-two (32) square feet and a maximum aggregate area for all temporary freestanding or temporary mounted noncommercial signs on an individual parcel of land of one hundred (100) square feet is permitted.

3.    Location. Signs may be placed in the front yard or side yard of any property; provided, that the signs do not encroach into any public right-of-way. Unless otherwise authorized in this section, temporary signs shall not extend over or into any public right-of-way, street, alley, sidewalk or other public thoroughfare.

4.    Lighting. Signs shall not be lighted.

5.    Removal. All temporary freestanding or temporary mounted signs must be removed within ten (10) days after the event for which they are intended.

6.    Sign Copy. Information related to noncommercial use that is advertising a temporary event may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement for a commercial use or purpose are prohibited.

S.    Wall Signs. Wall signs are permitted in the C, MX, PI, and I zones and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations:

1.    Number and Area.

a.    Ground-Floor Establishments.

i.    In all permitted zones, each ground-floor establishment with a separate entrance shall be permitted one (1) primary wall sign along the main elevation with a primary entrance, facing a street or on-site parking area. A maximum of one and one-half (1 1/2) square feet of wall sign area for each one (1) linear foot of building or tenant frontage shall be permitted.

ii.    In the C, MX, PI, and I zones, each ground-floor establishment with a separate entrance shall be permitted secondary wall signs along up to two (2) other elevations (including the rear) with a secondary entrance, facing a street or on-site parking area. A maximum of one-half (1/2) the allowable area of the primary wall sign shall be permitted.

iii.    In the C, MX, PI, and I zones, a ground-floor retail establishment with two (2) entrances along the main elevation may be permitted two (2) primary wall signs along the main elevation, pursuant to a sign review for enhanced signing and the following regulations:

(A)    The main elevation shall have a minimum building or tenant frontage of one hundred fifty (150) feet, and a minimum gross floor area of ten thousand (10,000) square feet.

(B)    The combined area of all signing along the main elevation shall not exceed one and one-half (1 1/2) square feet of wall area for each one (1) linear foot of building or tenant frontage.

(C)    The wall signs shall have the same design and shall be located adjacent to or above the building entrances.

iv.    In the C, MX, PI, and I zones, larger ground-floor retail establishments may be permitted up to four (4) supplemental wall signs along the main elevation to advertise services provided or sub-tenants, pursuant to a sign review for enhanced signing and the following regulations:

(A)    The main elevation shall have a minimum building or tenant frontage of one hundred fifty (150) feet, and a minimum gross floor area of ten thousand (10,000) square feet.

(B)    The combined area of all signing along the main elevation shall not exceed one and one-half (1 1/2) square feet of wall area for each one (1) linear foot of building or tenant frontage.

(C)    The combined area of all supplemental signs shall not exceed twenty-five percent (25%) of the area of all signing along the main elevation.

b.    Shared Entrances.

i.    In all permitted zones, any building containing establishments that front only an interior mall having a limited number of entrances shall be considered a single establishment for the purpose of computing the number and area of wall signs permitted on the exterior walls of such building.

ii.    In the C, MX, PI, and I zones, each first- and second-floor establishment that does not have a separate entrance or does not front a street or on-site parking area shall be permitted a maximum sign area of two (2) square feet oriented facing the street, entrance or on-site parking area.

c.    Second-Floor Establishments. In the C, MX, PI, and I zones, for each second-floor establishment with a separate entrance facing a street or on-site parking area, one (1) wall sign with a maximum area of ten (10) square feet shall be permitted. A maximum area of up to twenty (20) square feet may be permitted, pursuant to a sign review for enhanced signing.

d.    In the C, MX, PI, and I zones, a maximum three (3) wall signs shall be permitted per ground floor establishment with a separate entrance and a maximum one (1) wall sign shall be permitted per elevation of each ground-floor establishment, except as permitted in subsections (S)(1)(a)(iii) and (iv) of this section.

2.    Height.

a.    In all permitted zones, a maximum height of up to two (2) feet and two (2) vertical lines of text shall be permitted. For initial capital letters or logos, a maximum height of up to two and one-half (2 1/2) feet shall be permitted.

b.    In the C, MX, PI, and I zones, a maximum height of up to eight (8) feet and three (3) or more vertical lines of text may be permitted, pursuant to a sign review for enhanced signing.

3.    Width. In all permitted zones, the maximum width of seventy-five percent (75%) of the building or tenant frontage shall be permitted.

4.    Location.

a.    In all permitted zones, wall signs shall not extend above eave line or parapet on the lowest point on the sloping roof of the building on which it is located.

b.    In all permitted zones, that portion or any actual or false roof varying forty-five (45) degrees or less from a vertical plane may be considered an extension of the building wall for the purpose of wall sign placement.

c.    In all permitted zones, wall signs shall be located approximately parallel to the plane of the building and shall not project more than eighteen (18) inches from the building face.

5.    Lighting.

a.    In the C, MX, PI, and I zones, wall signs may be internally or externally lighted.

b.    In the R and OS zones, signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts.

6.    Sign Copy. Only individual letters of a business name or individual letters and adjacent logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. Supplemental wall signs along the main elevation, advertising services provided or sub-tenants, may be permitted, pursuant to a sign review for enhanced signing.

T.    Window Signs. Window signs are permitted in all zones; provided, that such signs do not exceed twenty-five percent (25%) of the area of any single window or of adjoining windows on the same frontage. This provision is not intended to restrict signs utilized as part of a window display of merchandise when such signs are incorporated within such display.

1.    Sign Copy. Business name, business logos, and services incidental to the business may be permitted.

U.    Prohibited Signs. The following signs shall be prohibited in all zones:

1.    Signs which contain or utilize any of the following:

a.    Any exposed light source in excess of four hundred fifty (450) lumens;

b.    Any exposed incandescent lamp with an external metallic reflector;

c.    Any revolving beacon light;

d.    Any continuous or sequential flashing operation;

e.    Any electronic readerboard sign or changeable message sign unless otherwise approved pursuant to subsection (P)(8) of this section (Electronic Readerboard Signs).

2.    Revolving signs.

3.    Signs advertising or displaying any unlawful act, business or purpose.

4.    Signs emitting audible sounds, odors or particulate matter.

5.    Any strings of pennants, or streamers, clusters of flags, strings of twirlers or propellers, flares, balloons and similar attention-getting devices, with the exception of any national, State, local governmental, institutional or corporate flags, properly displayed per subsection (P)(7) of this section (Corporate Flags).

6.    Devices projecting or otherwise reproducing the image of a sign or message on any surface or object.

7.    Portable signs (including A-frame signs). Portable real estate signs may be permitted.

8.    Temporary signs, except as otherwise specifically permitted by this section.

9.    Roof signs, unless deemed historic under Section 17.24.110 (Administrative Sign Variance and Historic Sign Designation).

10.    Painted signs, except if deemed historic per Section 17.24.110 (Administrative Sign Variance and Historic Sign Designation).

11.    Signs located in such a manner to constitute a potential traffic hazard or obstruct the view of any authorized traffic sign or signal device, or designed to resemble or conflict with any authorized traffic control sign.

12.    Off-site signs, except as provided in subsections (M) (Off-Site Signs), (P)(9) (Freeway Commercial Center Signs), and (Q)(4) (Subdivision Directional Signs) of this section or as provided in Sections 17.26.100 (Billboard Reduction and Relocation Agreement) and 17.28.100 (Development Agreements).

13.    Commercial hand-held signs located upon property in all zones.

14.    Mobile signs.

V.    Removal of Signs.

1.    Unsafe Signs. Any unsafe sign may be removed by the City without prior notice. Alternatively, the Director may issue a notice of violation and give the permit holder, property owner or person in possession and control of the property fifteen (15) days to cure the violation. In the case of an unsafe sign removed by the City, the costs of such removal and storage shall be borne by the permit holder, property owner, or person in possession and control of the property, as applicable, and may be collected by the City in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the City shall be released until the costs of removal and storage have been paid. If an unsafe sign remains unclaimed for a period of thirty (30) days after notice of removal is sent to the approval holder, property owner, or person in possession and control of the property, it shall be deemed to be unclaimed personal property and disposed of in accordance with the law.

2.    Illegal Signs. Any illegal sign shall be removed or brought into conformity by the approval holder, property owner, or person in possession and control of the property following written notice from the Director. Such notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal or repair shall not be less than fifteen (15) days from the date of mailing the notice. The Director’s order may be appealed to the Commission in the manner provided in subsection (W) of this section (Appeals). In the event that such order is appealed to the Commission, which, following a hearing, upholds the order of the Director, the City need not comply with the provisions of subsections (V)(4)(a) through (e) of this section in order to abate the sign.

3.    Legal Nonconforming Signs—Special Circumstances. No legal nonconforming sign shall be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner’s or user’s ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the business premises and at a location necessary for continued public visibility at the height or size at which the sign was previously erected pursuant to all applicable codes, regulations and permits. Such signs shall be deemed to be in conformance with this section.

4.    Abatement of Signs. Whenever the permit holder, property owner, or person in possession or control of the property fails to comply with an order of the Director requiring compliance with this section, in addition to any other remedies provided in this code or by law for the abatement of illegal signs or other public nuisances, the City may abate any such sign in the following manner:

a.    Declaration of Nuisance. The Council may declare, by resolution, as public nuisances and abate all illegal signs within its jurisdiction. The resolution shall describe the property upon which or in front of which the nuisance exists by stating the lot and block number according to the County Assessor’s map and street address, if known. Any number of parcels of private property may be included in one (1) resolution.

b.    Notice of Hearing. Prior to the adoption of the resolution by the Council, the City Clerk shall send not less than ten (10) days’ written notice to all persons owning the property described in the proposed resolution as determined by the last equalized assessment roll available on the date the notice is prepared. In addition, the notice shall be sent to all known persons, if any, in possession or control of such property if their names are different from those appearing on the assessment roll, and to the approval holder, if any. The notice shall state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegal sign.

c.    Posting of Notice.

i.    After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front of the property on or in front of which the illegal sign exists.

ii.    Notice shall be substantially in the following form:

NOTICE TO REMOVE ILLEGAL SIGN

Notice is hereby given that on the _____ day of __________, 20___, the City Council of the City of Santa Clarita adopted a resolution declaring that an illegal sign is located on or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal sign. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the sign is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the office of the City Clerk.

All property owners having any objection to the proposed removal of the sign are hereby notified to attend a meeting of the City Council of the City of Santa Clarita to be held on __________ at _____ a.m./p.m. at (_____location______), when their objections will be heard and given due consideration.

Dated this _____ day of _______________, 20___.

_______________________________

City Clerk
City of Santa Clarita

iii.    This notice shall be posted at least ten (10) days prior to the time for hearing objections by the City Council.

d.    Written Notice of Proposed Abatement.

i.    In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the Council shall direct the City Clerk to mail written notice of the proposed abatement to all the persons owning the property described in the resolution. The City Clerk shall cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the Council.

ii.    The City Clerk shall confirm with the County Assessor the names and addresses of all the persons owning the property described in the resolution. The address of a property owner shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. If the County of Los Angeles poses any charges upon the City for the actual costs of furnishing the list, the City shall reimburse the County, and such costs shall be a part of the cost of abatement assessed against the property owner.

iii.    The notices mailed by the City Clerk shall be mailed at least ten (10) days prior to the time for hearing objections by the Council. The notices mailed by the clerk shall be substantially in the form of notice set forth hereinabove.

e.    Hearing—Continuances—Objections—Finality of Decision—Order to Abate.

i.    At the time stated in the notices, the Council shall hear and consider all objections to the proposed removal of the sign. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the Council shall allow or overrule any objections. At that time, the City acquires jurisdiction to proceed and perform the work of removal.

ii.    The decision of the Council is final. If objections have not been made, or after the Council has disposed of those made, the Council shall order the enforcement officer to abate the nuisance by having the sign removed. The order shall be made by motion or resolution.

f.    Entry Upon Private Property. The Enforcement Officer or City contractor may enter private property to abate the nuisance.

g.    Removal by Owner—Special Assessment and Lien for Costs. Before the enforcement officer takes action, the property owner or person in possession or control of the property may remove the illegal sign at the owner’s own cost and expense. Notwithstanding such action, in any matter in which an order to abate has been issued, the Council may, by motion or resolution, further order that a special assessment and lien shall be limited to the costs incurred by the City in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, legal and other related costs.

h.    Cost of Abatement—Itemization.

i.    The enforcement officer shall keep an account of the cost of abatement of an illegal sign. Such officer shall submit to the Council, for confirmation, an itemized written report showing that cost.

ii.    A copy of the report shall be posted at least three (3) days prior to its submission to the Council, on or near the Council chambers door, with notice of the time of submission.

iii.    At the time fixed for receiving and considering the report, the Council shall hear it with any objections of the property owners liable to be assessed for the abatement. The Council may modify the report if it is deemed necessary. The Council shall then confirm the report by motion or resolution.

i.    Abatement by Contract. The nuisance may, in the sole discretion of the Council, be abated by performance on a contract awarded by the Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract shall keep an itemized account and submit such itemized written report for each separate parcel of property required by subsection (V)(4)(g) of this section.

j.    Special Assessment and Lien.

i.    The costs incurred by the City in enforcing abatement upon the parcel or parcels, including investigation, boundary determination, measurement, clerical, legal or other related costs, are a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the Los Angeles County Recorder. In the event any real property to which a lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this section shall not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property shall be transferred to the unsecured roll for collection.

ii.    Upon confirmation of the report, a copy shall be given to the County Assessor and Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

iii.    The City shall file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year. The description of the parcels reported shall be those used for the same parcels on the Los Angeles County Assessor’s map books for the current year.

iv.    The City shall request the County Auditor to enter each assessment on the County tax roll opposite the parcel of land.

v.    The City shall further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. Any delinquencies in the amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes.

vi.    The City acknowledges that the County Tax Collector, at his or her own discretion, may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. It is further acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of County taxes apply to these special assessments.

k.    Issuance of Receipts for Abatement Costs. The Enforcement Officer may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report.

l.    Refund of Assessments. The Council may order a refund of all or part of an assessment pursuant to this section if it finds that all or part of the assessment has been erroneously levied. An assessment, or part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before November 1st after the assessment has become due and payable. The claim shall be verified by the person who paid the assessment or by the person’s guardian, conservator, executor or administrator.

W.    Appeals.

1.    Any person seeking to appeal a decision of the Director granting or denying an application for issuance of a sign permit, revoking a permit or ordering the remediation or removal of a sign may appeal such action first to the Commission, and, if dissatisfied with the decision of the Commission, then to the Council in the manner provided by Chapter 17.07 (Appeals or Certification of Review). The City shall expeditiously schedule a hearing before the Commission or Council, as applicable, not later than thirty (30) days after the notice of appeal is received by the City; provided, however, the hearing may be held after such thirty (30) day period upon the request or concurrence of the appellant. Action on the appeal shall be taken at the time of the hearing by the Commission or Council, as applicable, unless the appellant requests a continuance. The time for compliance of any original order shall be stayed during the pendency of any hearing before the Commission or Council. The appellant shall be notified in writing of the Commission’s or Council’s decision, no later than fifteen (15) days after action has been taken.

2.    Any person dissatisfied with the final action taken by the Council may seek prompt judicial review of such decision pursuant to California Code of Civil Procedure Section 1094.8.

X.    Sign Regulations Matrix.

TYPE

PERMIT REQUIRED

ZONES

NUMBER

AREA

HEIGHT

SETBACK

WIDTH

Automobile Dealership ID Placard Signs

Sign Review

C and I.

2 on each side of a light standard for a maximum of 4 per light standard.

8 sf. per placard.

Automotive- Oriented Pylon Signs

Sign Review

VDS Overlay.

One.

200 sf.

35 ft.

3 ft. from PL. Sign shall comply with all other pylon sign Code sections.

Awning Signs

Sign Approval or Sign Review

C, I, MX.

One per awning, on the flat fascia portion of awning.

1 ft.

50% of the awning.

Banner Signs—Grand Opening Banners

Sign Approval

C, I, MX, PI.

One.

60 sf.

3 ft.

Banner Signs—Special Event Banners

Sign Approval

C, I, MX, PI.

One.

60 sf.

3 ft.

Building ID Signs

Sign Approval

C, I, MX, PI.

One.

6 sf. if less than 30 ft. above ground. 2% of wall area if above 30 ft.

Building ID Signs

Sign Approval

Multifamily residential.

One.

6 sf.

Building ID Signs

Sign Approval

OS and other residential.

One.

1 sf.

Changeable Copy Signs

Sign Review

In lieu of a regular monument, pylon or wall sign otherwise permitted.

One. For assembly uses of 100 or more persons. In lieu of a regular freestanding or wall mounted sign.

In no event shall the sign exceed 100 sf.

Signs shall comply with all other monument, pylon or wall sign code sections.

Signs shall comply with all other monument, pylon or wall sign code sections.

Signs shall comply with all other monument, pylon or wall sign code sections.

Community ID Signs

Sign Review

All zones.

96 sf.

15 ft.

Signs shall comply with all other monument and pylon sign standards.

Construction Signs

C, I, MX, PI.

One per street frontage.

96 sf. with a lot frontage less than 100 ft. 144 sf. with a lot frontage greater than 100 ft.

16 ft.

Construction Signs

R and OS.

One per street frontage.

12 sf. with a lot frontage less than 100 ft. 64 sf. with a lot frontage greater than 100 ft.

8 ft.

Directional Signs

Sign Approval or Sign Review

C, I, MX, PI.

Number not specified.

6 sf. Up to 12 sf. with enhanced signing.

Freestanding: 6 ft. Up to 8 ft. with enhanced signing.

Wall mounted: up to 3 ft.

1 ft. from PL for freestanding signs. Shall be within a planter area and outside clear site line setback area. Shall be set back minimum 25 ft. to any adjacent R zone.

Directional Signs

Sign Review

OS and commercial uses in the residential zone.

Number not specified.

6 sf. Up to 12 sf. with enhanced signing.

Freestanding: 6 ft. Up to 8 ft. with enhanced signing.

Wall mounted: up to 3 ft.

5 ft. from PL for freestanding signs within planter area and outside clear site line setback area. Set back minimum 25 ft. to any adjacent R zone.

Electronic Readerboard Signs

Conditional Use Permit

In lieu of a regular monument, pylon, freeway oriented sign otherwise permitted in C, I, MX zones.

One. For properties 25 acres or larger.

Signs shall comply with all other monument or pylon sign code sections.

Signs shall comply with all other monument or pylon sign code sections.

100 ft. to any residential PL. Signs shall comply with all other monument or pylon sign code sections.

Freeway Commercial Center Signs

Conditional Use Permit

Commercial and industrial properties 50 acres or larger along SR-14 and I-5 freeways in C, I, MX zones.

One shall be permitted for each lot of parcel of land along SR-14 or I-5 of 50 acres or greater.

900 sf.

25 ft.

Min. 2,000 ft. from another freeway commercial center sign. No sign shall be less than 500 ft. to another freestanding sign. Shall comply with all other pylon sign code sections.

Freeway-Oriented Pylon Signs

Sign Review

C, I, MX, PI.

One limited to food, fuel or lodging uses.

200 sf.

35 ft.

3 ft. from PL. Signs shall comply with all other pylon sign code sections.

Fuel Pricing Signs

Sign Approval or Sign Review

C, I, MX, PI.

One monument sign per street frontage, or one pylon sign at street corner.

60 sf. Up to 100 sf. for signs at street corner with enhanced signing.

6 ft. Up to 15 ft. for signs at street corner, with enhanced signing.

1 ft. from PL. 3 ft. from PL for signs at street corner. Shall comply with all other monument or pylon sign code sections.

Gas Sales Canopy Signs

Sign Approval

C, I, MX, PI.

One per canopy fascia.

2 ft. or 50% of the height of the canopy fascia, whichever is less.

25 ft. from any residential zone.

50% of the width of the canopy fascia.

Incidental Business Signs

C, I, MX, PI.

One per business.

2 sf. per business.

Marquee Signs

Sign Review

For movie or live theater uses only.

One.

Shall be in proportion to the structure.

15 ft.

Menu Board Signs

Sign Approval or Sign Review

C, I, MX.

One per restaurant drive-thru service lane.

45 sf.

6 ft.

Vehicle stacking setbacks per Section 17.66.030.

Monument Signs

Sign Approval or Sign Review

C, I, MX, PI.

One with minimum 100 ft. of lot frontage. One additional sign per 400 ft. of lot frontage provided signs are separated by 250 ft. Corner lots may combine frontage of both streets. Five or more tenants require a master sign program.

54 sf. including base. Shall also include address in 8 in. high letters. Additional area permitted with enhanced signing for larger centers.

6 ft. Up to 8 ft. with enhanced signing for larger centers of 3 or more acres or ones with visibility constraints.

1 ft. from PL. Shall be within a planter area and outside clear site line setback area. Shall be set back minimum 25 ft. to any adjacent R zone.

Monument Signs

Sign Approval

OS and commercial uses in the residential zone.

One with minimum 100 ft. of lot frontage. Corner lots may combine frontage of both streets.

54 sf. including base. Shall also include address in 8 in. high letters.

6 ft.

5 ft. from PL. Shall be within a planter area and outside clear site line setback area. Shall be set back minimum 25 ft. to any adjacent R zone.

Preview Board Signs

Sign Approval or Sign Review

C, I, MX.

One per restaurant drive-thru service lane.

20 sf.

6 ft.

Vehicle stacking setbacks per Section 17.66.030.

Projecting Signs

Sign Review

CR zone.

One per ground-floor business, alongside of the main/primary elevation.

8 sf.

4 ft.

Shall not be located over the public right-of-way.

Pylon Signs

Sign Approval or Sign Review

C, I, MX, PI.

One with minimum 500 ft. of lot frontage and 3 acres of land area. One additional sign with enhanced signing for centers with 1,000 ft. of lot frontage. Corner lots may combine frontage of both streets. Five or more tenants require a master sign program.

40 sf. Up to 160 sf. with enhanced signing for centers with 1,000 ft. of lot frontage.

15 ft. Up to 20 ft. with enhanced signing for centers with 1,000 ft. of lot frontage.

3 ft. from PL. Shall be within a planter area. Shall be set back minimum 25 ft. to any adjacent R zone.

Pylon Signs

Sign Approval

OS.

One with minimum 500 ft. of lot frontage.

24 sf.

15 ft.

5 ft. from street PL. Shall be within a planter area. Shall be set back minimum 25 ft. to any adjacent R zone.

Real Estate Signs

C, I, MX, PI.

One wall or freestanding per street frontage.

32 sf. with a lot frontage less than 100 ft. 48 sf. with a lot frontage greater than 100 ft.

8 ft.

10 ft. from PL for freestanding signs. Shall be within planter area.

Real Estate Signs

Multifamily residential.

One wall or freestanding per street frontage.

12 sf. with a lot frontage less than 100 ft. 32 sf. with a lot frontage greater than 100 ft.

6 ft.

10 ft. from PL for freestanding signs. Shall be within planter area.

Real Estate Signs

OS and other residential.

One wall or freestanding per street frontage.

6 sf. with a lot frontage less than 100 ft. 32 sf. with a lot frontage greater than 100 ft.

8 ft.

10 ft. from PL for freestanding signs. Shall be within planter area.

Subdivision Entry Signs

Sign Review

All zones.

Number not specified. Shall be for a maximum 3 years from building permit issuance.

24 sf.

8 ft.

1 ft. from street PL. Shall be within a planter area and outside clear site line setback area.

Subdivision Special Feature Signs

Sign Review

All zones.

Number not specified. Shall be for a maximum 3 years from building permit issuance.

12 sf.

8 ft.

1 ft. from street PL. Shall be within a planter area and outside clear site line setback area.

Subdivision ID Signs

Sign Review

All zones.

Number not specified.

54 sf.

6 ft.

1 ft. from PL for freestanding. Shall be within a planter area and outside clear site line setback area.

Subdivision Sales Signs for New Subdivisions

Sign Approval

All zones.

One per street frontage. Shall be for a maximum 3 years from building permit issuance.

64 sf. if 10 or less lots. 128 sf. if 11—19 lots. 180 sf. if 20 or more lots.

8 ft. for signs 64 sf. or less. 16 ft. for signs greater than 64 sf.

1 ft. from PL for signs less than 8 ft. high. 3 ft. from PL for signs greater than 8 ft. high. Shall be within a planter area and outside clear site line setback area.

Subdivision Directional Sign

Sign Review

All zones.

Three within 1 mile of the subject subdivision. Shall be permitted for weekend events only. Shall be for a maximum 3 years from building permit issuance.

4 sf.

3 ft.

1 ft. from street PL. Shall be within a planter area and outside clear site line setback area.

Temporary Freestanding Signs

C, I, MX, PI and OS. Only noncommercial signs permitted.

Not specified. Total aggregate area of signs not to exceed 200 sf.

32 sf. for each sign. Total aggregate area not to exceed 200 sf.

Signs may be placed in the front or side yard areas, but may not encroach into any public right-of-way.

Temporary Freestanding Signs

R. Only noncommercial signs permitted.

Not specified. Total aggregate area of signs not to exceed 100 sf.

32 sf. for each sign. Total aggregate area not to exceed 100 sf.

Signs may be placed in the front or side yard areas, but may not encroach into any public right-of-way.

Under-Canopy Signs

Sign Approval

C, I, MX.

One per business.

4 1/2 sf.

1 1/2 ft.

3 ft.

Wall Signs—Primary Wall Signs for Multi-Tenant Centers

Sign Approval or Sign Review

C, I, MX, PI.

One alongside of the main/primary elevation of each tenant as part of 360 deg. architecture. Five or more tenants require a master sign program.

1.5 sf. of wall sign area per foot of tenant frontage.

2 ft. and 2 lines of text and up to 2.5 ft. for initial capital letters and logos. Up to 8 ft. and/or stacked text with enhanced signing.

75% of tenant frontage.

Wall Signs—Secondary Wall Signs for Multi-Tenant Centers

Sign Approval or Sign Review

C, I, MX, PI.

One alongside of each end tenant and one along rear of each tenant as part of 360 deg. architecture. Five or more tenants require a master sign program.

Half the allowable area of the primary wall sign for each tenant.

2 ft. and 2 lines of text and up to 2.5 ft. for initial capital letters and logos. Up to 8 ft. and/or stacked text with enhanced signing.

75% of tenant frontage.

Wall Signs—Second-Floor Wall Sign for Tenants with Separate Entrance

Sign Approval or Sign Review

C, I, MX, PI.

One per tenant with separate entrance.

10 sf. Up to 20 sf. with enhanced signing.

2 ft. and 2 lines of text and up to 2.5 ft. for initial capital letters and logos. Up to 8 ft. and/or stacked text with enhanced signing.

75% of tenant frontage.

Wall Signs—For Large Retail Tenants with Enhanced Signing

Sign Review

C, I, MX, PI.

Two primary wall signs along the main elevation, with each sign situated at or near an entrance.

Combined area of all signs not to exceed 1.5 x tenant frontage.

2 ft. and 2 lines of text and up to 2.5 ft. for initial capital letters and logos. Up to 8 ft. and/or stacked text with enhanced signing.

75% of tenant frontage.

Wall Signs—Supplemental Text for Large Retail Tenants with Enhanced Signing

Sign Review

C, I, MX, PI.

Up to four supplemental text signs along the main elevation to advertise services provided or sub-tenants.

Combined area of all signs along main elevation not to exceed 1.5 x tenant frontage.

2 ft. and 2 lines of text and up to 2.5 ft. for initial capital letters and logos.

Wall signs—In Open Space and Residential Zones

Sign Approval

Open space and commercial uses in the residential zone.

One.

1.5 x building frontage.

2 ft. and 2 lines of text and up to 2.5 ft. for initial capital letters and logos.

75% of building frontage.

Window Signs

C, I, MX, PI.

25% of any single window or of adjoining windows.

Y.    Illustration of Sign Types.

AUTOMOBILE DEALERSHIP ID PLACARD SIGN

AUTOMOTIVE-ORIENTED PYLON SIGN

AWNING SIGN

BANNER SIGN

BUILDING ID SIGN

CHANGEABLE COPY SIGN

COMMUNITY ID SIGN

CONSTRUCTION SIGN

CORPORATE FLAG

DIRECTIONAL SIGN

ELECTRONIC READERBOARD SIGN

FREEWAY COMMERCIAL CENTER SIGN

FREEWAY-ORIENTED PYLON SIGN

FUEL PRICING SIGN

GAS SALES CANOPY SIGN

INCIDENTAL BUSINESS SIGN

MARQUEE SIGN

MENU BOARD/PREVIEW BOARD SIGN

MONUMENT SIGN

PROJECTING SIGN

PYLON SIGN

REAL ESTATE SIGN

SUBDIVISION ENTRY SIGN

SUBDIVISION IDENTIFICATION SIGN

SUBDIVISION SALES SIGN

TEMPORARY FREESTANDING SIGN

UNDER-CANOPY SIGN

WALL SIGN

WINDOW SIGN

(Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 14-1 § 5 (Exh. A), 3/25/14; Ord. 15-11 § 5 (Exh. A), 12/8/15)