Beaumont City Council
September 5, 2023

DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088

3. Section 1813 - Penalty for Failure to Pay Overtime.

4. Sections 1810 and 1811 - Working Hour Restrictions.

5. Section 1775 - Payroll Records.

6. Section 1773.1 - Travel and Subsistence Pay.

SECTION 2
No improvement work shall be undertaken until the design has been submitted to and approved by the City. Following approval, the OWNER/LESSEE shall contract for the work and shall commence and complete all such work within ninety (90) days from the date of such approval. The OWNER/LESSEE may request a ninety (90) day extension provided there is a demonstrated hardship.

SECTION 3
The City shall periodically review the progress of the contractor's work on the facade improvements pursuant to this Agreement. Such inspections shall not replace any required permit inspection by Building Inspectors. All work which is not in conformance with the approved plans, design drawings, and specifications shall be immediately remedied by the OWNER/LESSEE and deficient or improper work shall be replaced and made to comply with the approved plans, design drawings, and specifications and the terms of this Agreement.

SECTION 4
Upon completion of the improvements and upon their final inspection and approval by the City, the OWNER/LESSEE shall submit to the City a properly executed and notarized contractor statement showing the full cost of the work to complete the facade improvement related work, as well as a statement for facade improvement work done to achieve the 1:1 match required by this Agreement.

In addition, the OWNER/LESSEE shall submit to the City proof of payment of the contract cost pursuant to the contractor's statement and final lien waivers from all contractors and subcontractors as well as proof of 1:1 match. The City shall, within forty-five (45) days of receipt of contractors statement, proof of payment, conformed copy of the Notice of Completion, and lien waivers, issue a check to the OWNER/LESSEE as reimbursement in the total grant amount stated in SECTION 1 of this Agreement.

SECTION 5
If the OWNER/LESSEE fails to complete the improvement work provided for herein in conformity with the approved plans, design drawings, and specifications and the terms of this Agreement, then upon written notice being given by the City to the OWNER/LESSEE, by certified mail to the address listed above, this Agreement shall terminate and the financial obligation on the part of the City shall cease and become null and void.

SECTION 6
This Agreement shall be binding upon the City and upon the OWNER/LESSEE and it successors, to said property for a period of five (5) years from and after the date of completion and approval of the facade improvements provided herein unless otherwise agreed upon by the parties 3

DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088 in writing. It shall be the responsibility of the OWNER/LESSEE to inform subsequent OWNER(S)/LESSEE(S) of the provisions of this Agreement.

SECTION 7
The OWNER/LESSEE agrees to maintain the improvements at his/her sole expense for a period of five (5) years unless otherwise agreed upon by the parties in writing. In the event that the OWNER/LESSEE fails to maintain the improvements, the City may issue a thirty (30) day written notice to the OWNER/LESSEE to correct any maintenance deficiencies. If the OWNER/LESSEE fails to correct the stated deficiencies within thirty (30) days of the notice, City may cause any maintenance or repair work to be performed at OWNER's expense.

SECTION 8
The OWNER/LESSEE agrees to comply with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal laws, pertaining to the development and use of the Property and construction of the facade improvements, as well as operations conducted on the Property. The OWNER/LESSEE agrees that the City shall not be liable for, and covenants and agrees to indemnify and hold harmless the City and its officials, officers, employees, and agents from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from noncompliance with all municipal, county, state and federal laws. The OWNER/LESSEE will require any contractor to comply with the above cited Local, State and Federal laws, and will incorporate these laws in any written agreement between the OWNER/LESSEE and a contractor.

SECTION 9
No member, official, agent, legal counsel or employee of the City shall be personally liable to the Participant, or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the OWNER/LESSEE or successor or on any obligation under the terms of this Agreement.

SECTION 10
The OWNER/LESSEE releases the City from, and covenants and agrees that the City shall not be liable for, and covenants and agrees to indemnify and hold harmless the City and its officials, officers, employees, and agents from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character and nature whatsoever arising out of or, resulting from or in any way connected with directly or indirectly with the facade improvements including, but not limited to, claims based on alleged or actual violations of the prevailing wage laws. The OWNER/LESSEE further covenants and agrees to pay for or reimburse the City and its officials, officers, employees, and agents for any and all costs, reasonable attorney's fees, liabilities, or expenses incurred in connection with investigating, defending against or otherwise in connection with any such losses, claims, damages, liabilities, or cause of action. The city shall have the right to select legal counsel and to approve any settlement in connection with such losses, claims, damages, liabilities, or causes of action. The provisions of this section shall survive the completion of said facade improvements.
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DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088 SECTION 11
Nothing herein is intended to limit, restrict, or prohibit the OWNER/LESSEE from undertaking any other work in or about the subject premises, which is unrelated to the facade improvement provided for in this Agreement.

SECTION 12
All of the terms of the City of Beaumont Downtown Facade Improvement Program and related policies and regulations are contractually binding on OWNER/LESSEE and are incorporated herein by this reference, including, but not limited to the following insurance and permit requirements.

A. Insurance and Licenses- OWNER/LESSEE, at its sole cost and expense, commencing no later than the date OWNER/LESSEE is provided approval for funding shall procure, pay for and thereafter keep in full force and effect the following types of insurance, in at least the amounts and in the forms specified below:

Commercial General Liability (CGL) with limits no less than One Million Dollars ($1,000,000.00) per occurrence basis including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Two Million Dollars ($2,000,000) per occurrence.

A policy or policies of Workers' Compensation insurance in the amount required by the State of California.

The OWNER/LESSEE is solely responsible for ensuring that the contractor has customary and reasonably insurance and required licenses. In addition, the OWNER/LESSEE shall insure that the contractor obtains all necessary permits for both the program -funded and leverage -funded improvements.

B. Permits- OWNER/LESSEE must obtain plan approval and any applicable Planning and Building permits from the City and OWNER/LESSEE must comply with all city policies and ordinances including business permit requirements. All work performed under the provisions of this Program shall meet all applicable standards contained in the City's adopted zoning ordinance, and local building and safety codes.
[signatures on following page]
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DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above.

PROPERTY OWNER
By: /7aue fiery
Date: 08/08/2023
Dave Corey

LESSEE/BUSINESS OWNER
By: lace awe.'" 08/08/2023

CITY OF BEAUMONT
By:

Approved as to Form
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DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088 Exhibit A
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DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088

BEAUMONT
-- • C A l I F O R N: d
March 17, 2023
Dave Corey
15 Sierra Vista
Laguna Niguel, CA 92677
213-505-2098
RE: Downtown Beaumont Facade Improvement Program
Dear Mr. Corey:

The City has received and reviewed your application for the Facade Improvement Program for the property located at 960 Beaumont Avenue. Upon review, your conceptual scope of work has been determined to be eligible. Please be aware this does not guarantee funding under this program.

The City will contact you to conduct a Rehabilitation Feasibility Determination walkthrough with you and/ or the property owner to determine the extent of any code violations, as well as health and safety issues, that need to corrected as part of the program scope of work.

Upon receiving feedback from the Rehabilitation Feasibility Determination, please submit the following documents for review pursuant to the program guidelines. • Pictures of existing building and site conditions.
• Detailed Scope of Work.
• Architectural Design Elevations with dimensions and renderings with colors and materials. • Detailed site plan showing proposed exterior seating or lot improvements. (if any) • Proposed sign details showing dimensions, colors, and location map. (if any) • Conceptual Landscape plans (if any)
• A minimum of three (3) proposals from a licensed contractor that covers the scope of improvements detailed in the application. NOTE: These proposals must demonstrate California Labor Code prevailing wage compliance.

Upon receipt and review of these items, your application may be deemed complete and if so, your position for funding availability will be established. Staff will review for program compliance and if deemed acceptable, a program agreement will be drafted and presented to City Council for a formal decision. Funding for this program is limited and may run out: therefore timely submittal of the necessary documents is encouraged.

Sincerely,
yle Warsinski
Economic Development Manager
City of Beaumont

DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088

PRELIMINARY
i

REVISIONS
NO

DESCRIPTION
DATE
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JOB
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A2.1

DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088 960/966/968 BEAUMONT AVE.

SCOPE OF FACADE IMPROVEMENT WORK
APRIL 2023
rwre-
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NEW SIGN NEW PAINT

CHANNEL LETTERS

BERKSHIRE CALIFORNIA

HATHAWAY REALTY

HOMESERVICES

NEW LEDGESTONE

DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088 1) NEW FRONT BUILDING PAINT- 2 COLORS
• Prime entire exterior and caulk throughout.
• Paint exterior using Dunn Edwards exterior Sparta shield semi -gloss. • Exterior main body to be white and all trim to be black.

DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088 REAR BUILDING:
1) NEW EXTERIOR SIDING
2) NEW WINDOWS
3) NEW EXTERIOR DOOR(S)
4) PAINT EXTERIOR - 2 COLORS
Prime entire exterior and caulk throughout.

Paint exterior using Dunn Edwards exterior Sparta shield semi -gloss.

Exterior main body to be white and all trim to be black.

DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088 —�--� Address: 982 Beaumont Ave
SUBMITTAL 3 (6/14/2022)

OEILDING B - NORTH ELEVATION
1 1 1 1 1 1
1 1 1 1
®UILDING B - WEST ELEVATION

UILDING B - EAST ELEVATION

BUILDING B - SOUTH ELEVATION
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LEVEL J
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DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088 1) REPLACE 60' FEET OF NORTH FENCE
2) ADD ZERISCAPING TO COURTYARD

DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088 =y4
1) REPAIR DRIVEWAY AND RESLURRY
2) ADD ZERISCAPING FEATURES AT SOUTH

SIDE OF REAR BUILDING
ge 111 of 669
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004
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DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088 EXTERIOR PAINT COLORS FOR BOTH BUILDINGS:

MILKGLASS
by Dunn Edwards
DEW358 Neutral Tone
BODY
TRIM
Black
DEA002
LEDGESTONE FOR FRONT FACADE —THIS CAN BE WRAPPED AROUND THE SW CORNER, UPON REQUEST Pa
Absolute Black 6" x 24" Flamed Granite
Ledger

GRNABSBLKLED
$17.49 / sq. ft. or $17.49 / piece
Choose finish
Polished Honed
Choose size and shape
18" x 18" Square
Tile
6" x 23.75"
ge_-.1 tLe8T1 e669
Flamed
12" x 24" Rectangle
Tile

DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088

CEMENT BOARD FOR SIDING OF

REAR BUILDING

PLANTER BOX LOCATIONS INDICATED IN

FRONT BUILDING REAR BUILDING
W
0 14.41,1 13ANf 669

DigiSign Verified - 355c9307-e415-4eab-ae4e-6f6feb3a1088

LANDSCAPING PLAN
46* *

FRONT BUILDING
960 BEAUMONT AVE

1 SITE

SAGO PALM
4IF ORNAMENTAL
GRASS
If' CACTUS

SUCCELENT

REAR B/JILDING
3/8" TAN

PEA GRAVEL

BEAUMONT
- C !� 1 1 0 R N A
Staff Report
TO: City Council
FROM: Kyle Warsinski, Economic Development Manager
DATE September 5, 2023
SUBJECT: Downtown Business Incentive Program — Fire Sprinklers Description Consideration of a New Downtown Business Incentive Program.

Background and Analysis:

The Elevate Beaumont 2040 General Plan adopted on December 1, 2020, included an Area Plan for downtown Beaumont. This plan included new land use designations, new and revised zoning districts, improved development standards and new street sections.

On December 6, 2022, City Council approved the establishment of the Downtown Incentive Program which was launched in 2023. The program included the following incentives:
• Downtown Facade Improvement Program or Business Improvement Program • Business Attraction and Expansion Program
• Pre -Application Fee Waiver
• Building Investigation Fee Waiver
• Sewer Connection Fee Deferral and Grease Trap Program The program was developed after analyzing the feedback received at the first business meeting, multiple economic development committee meetings, and one-on-one meetings with business owners and landowners. The program is aimed at achieving the following results within the downtown area:
• Improve the look, feel, and climate
• Encourage private investment
• Attract new industry groups to act as catalyst projects to build synergy • Encourage existing businesses to expand and grow
• Encourage new business ideas
• Reduce certain barriers of entry that exist for specific industry types

Since the launch of the program, staff has identified another barrier of entry for various targeted industry groups within the downtown, the need to install fire sprinkler systems when triggered by the building code. A change of use to an A occupancy 3,600 sq. ft. or over, or with an occupant load of 100 or more persons, or expansion which hits those triggers creates a need for fire sprinklers in order to meet code requirements.

To help combat this barrier of entry, staff is proposing the creation of an additional incentive program to aid in the installation of fire sprinkler systems in older buildings where sprinkler systems are absent. The proposed program is detailed on Exhibit A:
• Eligible Uses:
o Premium Casual Restaurants
o Sit Down Fine Dining
o Bars and Cocktail Lounges
o Breweries, Distilleries, small scale alcohol production o Entertainment Uses
• Maximum per Application: $1 per $1 match, of 50% of total project cost, not to exceed $50,000 on a project totaling $100,000 or more.

At its meeting April 12, 2023, the Economic Development Committee voted to recommend City Council approve the attached Downtown Business Incentive Program.

Fiscal Impact:

There is no fiscal impact with this report. Total funds budgeted for the Downtown Business Incentive Program include $500,000 for FY2023-24 and $500,000 of unspent funds was included in the FY2022-23 budget. The unspent FY2022-23 funds will be requested as a carryover at a later date. Should the carryover request be approved total available funding for the program will be $1,000,000.

Staff estimates the cost to prepare this staff report and draft program, including initial legal review to be $200.

Recommended Action:

Approve the New Downtown Business Incentive Program as presented.

Attachments:

A. Draft Downtown Business Incentive Program — Fire Sprinklers

Exhibit A
Fire Sprinkler Installation Program (DRAFT)

1. Downtown Business Fire Sprinkler Installation
Purpose:

The purpose of the Fire Sprinkler Installation Program is to incentivize businesses to Locate or expand their business in the Downtown by assisting in the installation of fire sprinkler systems in buildings which they are not currently present but would be required for targeted industries.

Eligible Property Improvements:
a. Fire Sprinkler Suppression Systems
b. Fire Alarm systems meeting certain requirements
Program Scope: The following businesses are eligible for a business incentive loan:

1. Premium Casual Restaurants (upscale, fast casual dining, high quality food, elevated atmosphere but more casual than fine dining, seating area indoors or outdoors)

2. Sit Down fine Dining (upscale, high quality food, beer and wine list, elevated atmosphere, sizable seating area indoors and bonus for outdoor seating)

3. Bars and Cocktail Lounges (upscale and elevated atmosphere, premium offerings, activities and events)

4. Breweries, Distilleries, small scale alcohol production (manufacturing of craft beer, spirits or wine, product sold for onsite or offsite consumption, retail component with elevated atmosphere)

5. Entertainment Uses — Live entertainment, music stores, bookstores, art house or art showcases, technology focus and gadgetry such as high-tech video games or virtual reality, etc.

Maximum per Application: $1 per $1 match, of 50% of total project cost, not to exceed $50,000 on a project totaling $100,000 or more.

BEAUMONAT
-C A L 1 F RIPAT
N 1 -
Staff Report
TO: City Council
FROM: Sean Thuilliez, Chief of Police
DATE September 5, 2023
SUBJECT: Canine As Needed Inspection Services Agreement for the 2023/2024 School Year
Description Approve a service agreement with Beaumont Unified School District to conduct police canine inspections.

Background and Analysis:

In 2016, the City of Beaumont Police Department (City) and Beaumont Unified School District (District) entered into an agreement for police canine inspections at certain District facilities. Both parties wish to renew this agreement for the 2023/24 school year on an as needed basis only. The contract specifies no more than fifteen (15) inspections during the school year at a rate of $151.63 per hour, with a minimum of one hour of service for each inspection. The inspections will only occur when the K9 officers are on duty and will not be subject to call out.

The Police Department has a qualified and trained canine and handler to complete the inspections as requested by the District. The terms of the agreement allow the Police Department's canine inspection team to inspect/sniff the communal areas, lockers, gym areas, parking lots, grounds, and other select areas on District property. Our police canine handler will notify the authorized District representative(s) of any alert made by the canine as a result of the inspection. The police canine will not be used to sniff any person.

The District has agreed to compensate the City for the use of the canine inspection team. The terms of this agreement are from August 15, 2023, through June 30, 2024.

The City Attorney has approved this agreement as to form and content (Attachment A).

Fiscal Impact:

There is no negative impact to the general fund. The District agrees to pay the City for the delivery of up to fifteen (15) inspections. An amendment will be completed if more inspections are needed.

Recommended Action:

Authorize the Mayor to execute the agreement with the Beaumont Unified School District for as needed police canine inspection services.

Attachments:

A. BUSD contract

CANINE INSPECTION SERVICES AGREEMENT
THIS CANINE INSPECTIONS SERVICES AGREEMENT ("Agreement") is made as of this 9th day of August 2023 ("Execution Date") by and between CITY OF BEAUMONT, a California municipal corporation ("CITY"), and the BEAUMONT UNIFIED SCHOOL DISTRICT, a California school district ("DISTRICT"), collectively referred to as the "Parties" and individually referred to as "Party".

RECITALS
A. CITY employs a narcotics canine and a narcotics canine handler; B. DISTRICT is seeking contraband inspection services as needed utilizing non - aggressive contraband detection canines, for the period or August 2023 through June 30, 2024, at the communal areas, lockers, gym areas, parking lots, grounds, and other select areas at DISTRICT's facilities in the City of Beaumont as directed by DISTRICT's officials ("Services");
C. CITY possesses the necessary skills, qualifications, personnel and equipment to provide the Services to DISTRICT;
D. DISTRICT desires to engage the services of CITY to perform the SERVICES; and
E. CITY agrees to provide such Services pursuant to, and in accordance with, the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual promises of the Parties contained in this Agreement and other good and valuable consideration, the Parties agree, promise and covenant to each other as follows:

AGREEMENT

1. Usage Fee Payment. DISTRICT agrees to pay the standard billable rate per hour K9 Officer called for a minimum one hour of service at the billable rate of $ 151.63 per hour. When requested to conduct the as needed inspection. District to pay CITY within ten (10) days of the Execution Date for delivery of the Services.

2. Term. This Agreement shall remain in force from the Execution Date to June 30, 2024.

3. Delivery of Services. CITY will respond DISTRICT in conjunction with as needed calls into the dispatch center to designated locations by DISTRICT as appropriate for inspections. 1

DISTRICT shall provide CITY with a call into dispatch to seek availability of the K9 Officer to respond and conduct the contraband inspection and delivery of Services. There shall be no more than fifteen (15) inspections within the year. A copy of the 2023-2024 School Calendar is attached hereto as Exhibit "A" and incorporated herein by this reference. DISTRICT desires that such inspections may be conducted on an unannounced basis under the auspices and direction of DISTRICT administration.

4. Mutual Indemnification. It is understood and agreed that neither DISTRICT, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that pursuant to Government Code 895.4, CITY shall defend, indemnify and save harmless DISTRICT, all officers, and employees from all claims, suits or actions of every name, kind, and description brought forth or on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by CITY under this Agreement except as otherwise provided by Statute. It is understood and agreed that neither CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority or jurisdiction delegated to DISTRICT under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, DISTRICT shall defend, indemnify and save harmless CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought forth on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by DISTRICT under connection with any work, authority or jurisdiction delegated to DISTRICT under this Agreement except as otherwise provided by statute.

5. Insurance. DISTRICT and CITY shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with their respective participation and the participation of their respective agents, representatives, employees, or subcontractors. CITY shall maintain Worker's Compensation Insurance (Statutory Limits) for CITY's personnel. These insurance requirements may be satisfied with a certificate of self-insurance.

6. Status of the Parties' Officers/Employees/Agents. Neither Party's officers, employees, agents, partners, other contractors or subcontractors shall be deemed to be employees of the other Party at any time. Nothing in this Agreement shall be construed as creating a civil service employer -employee relationship or a joint venture relationship. No officer, employee, agent, partner, other contractor or subcontractor of the other Party shall be eligible for membership in or any benefits from any plan for hospital, surgical, or medical insurance, or for membership in any retirement program, paid vacation, paid sick leave, other leave, with or without pay, collective bargaining rights, grievance procedures, or any other benefits which inure to or accrue to an employee of the other Party. The only performance and rights due the other Party are those specifically stated in this Agreement.
2

7. Termination. DISTRICT or CITY may terminate this Agreement at any time, upon 30 days prior written notice; provided, however, that DISTRICT shall pay for all services rendered to it prior to the date of termination.

8. Parties' Liaisons. In order to ensure smooth operation of the Services provided hereunder, DISTRICT and CITY each agree to appoint a representative who shall be responsible for coordinating the implementation of this Agreement.
a. CITY Appointment: CITY appoints the Chief of Police as its representative. The Chief may be contacted as follows:

Name: Sean Thuilliez, Chief of Police, or his replacement Beaumont Police Department
660 Orange Avenue
Beaumont, CA 92223
Telephone: 951-769-8500
Fax: 951-769-8508
E-mail: [email protected]
b. DISTRICT Appointment: DISTRICT appoints Carmen Ordonez as its representative. Carmen Ordonez may be contacted as follows:

Carmen Ordonez, Director of Fiscal Services
Beaumont Unified School District
350 W. Brookside Avenue
Beaumont, CA 92223
Telephone: 951-845-1631
Email: [email protected]

9. Notices. Any notice, payment, statement, or demand required or permitted to be given hereunder by either Party to the other shall be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the Parties at the addresses appearing in section 8 above but each Party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing.

10. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Additionally, this Agreement has been formed and shall be performed in Riverside County; the venue for any legal action on the Agreement shall be in Riverside County.

11. Incorporation of Recitals. The Parties repeat and incorporate the recitals set forth above as if fully set forth herein
3

12. Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties relating to matters herein; and except as otherwise provided herein, cannot be modified without the prior written agreement of the Parties.

13. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.

14. Successors and Assigns. This Agreement shall be binding upon and insure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Agreement, their assigns.

15. Captions. The captions to the various clauses of this Agreement are for information purposes only and shall not alter the substance of the terms and conditions of this Agreement.

16. Authorization. Each of the Parties represents and warrants to the other that this Agreement has been duly authorized by all necessary corporate or governmental action on the part of the representing Party and that this Agreement is fully binding on such Party.

17. Amendments to this Agreement. From time -to -time, CITY and DISTRICT may determine that the provision of services hereunder could be improved, made more efficient or expanded. Therefore, the Parties agree to meet and confer at the request of either Party and to negotiate in good faith such reasonable amendments to this Agreement as the Parties deem appropriate.
[Signatures on the following page.
4

SIGNATURE PAGE
TO

CANINE INSPECTIONS SERVICES AGREEMENT
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by the following authorized officials.

BEAUMONT UNIFIED SCHOOL DISTRICT CITY OF BEAUMONT
By: GM. nlo�� By:

Carmen Ordonez (Aug 15, 2023 12:48 PDT)
CARMEN ORDONEZ, Director of Fiscal Services JULIO MARTINEZ, Mayor DATE: Aug 15, 2023
DATE:

ATTEST:

By
, City Clerk
APPROVED AS TO FORM:

City Attorney
5

EXHIBIT "A"
TO

CANINE INSPECTIONS SERVICES AGREEMENT
2023-2024 School Calendar
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HOLIDA YS
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January 1
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New Year's Day Observed
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Me mo rial Day
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ELEM ENTARY GRADING PERIODS
TK-8 / SECOND ARY GRADING PERIODS
TK -5 I = Grades K-5
T K-8 I = Gr. TK-8 I 6-8 I = Gr. 6-8 19-12 I = Gr. 9-12 1st Trimester August 10 - November 3
2nd Trimester No vembe r 6 - March 8
3rd Trimester March 11 - June 6
1st Quarter August 10 - October 5
2nd Quarter October 10 - D ecember 15
3rd Quarter January 8 - March 22
4th Quarter March 25 - June 6

SCHOOL SCHEDULES
Po sted on District Websit e: www .b eaumontusd.us
Bo ard Approv ed: March 7, 2023
Re vision Approved: April 18, 2023

BEAUMONT
- C !� 1 1 0 R N A
Staff Report
TO: City Council
FROM: Robert Vestal, Interim Public Works Director
DATE September 5, 2023
SUBJECT: Second Reading of an Ordinance Rescinding Ordinance No. 1091 and Amending Chapter 3.39 of the Beaumont Municipal Code — Western Riverside County Transportation Uniform Mitigation Fee Program Description Amendment of Chapter 3.39, Section 060 "Procedures for the Levy, Collection and Disposition of Fees," to authorize TUMF fees to be collected directly by WRCOG from the developers from the effective date of this ordinance forward.

Background and Analysis:

The City of Beaumont is a Member Jurisdiction of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and eighteen (18) cities located in Western Riverside County. Acting in concert, in 2002-2003, WRCOG member jurisdictions developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials due to new development in Western Riverside County could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") on future residential, commercial, and industrial development.

Currently, staff calculates TUMF fees for all development projects. Applicable fees are due at the issuance of a Certificate of Occupancy, but the developer may elect to pay as early as issuance of a building permit. Fees are remitted to WRCOG monthly, and building permits are audited on a yearly basis.

The process to calculate TUMF fees for non-residential uses can be tedious and time consuming. Additionally, under the current process and as defined in the TUMF Administrative Plan, "Any balance in TUMF obligation due to incorrect development project information will be the responsibility of the participating jurisdiction." Staff is proposing to modify the process in which TUMF fees are calculated and payment is processed. WRCOG created a process in 2017 which allows for WRCOG staff to calculate applicable TUMF fees for all development projects as well as accept

payment should the participating agency elect to do so and modify their respective ordinances accordingly.

Converting the manner which TUMF fees are calculated and paid directly to WRCOG significantly reduces the risk of the City being responsible for any incorrect fee calculations. Under the proposed process and consistent with the TUMF Administrative Plan, "In the event a participating jurisdiction makes the election to have WRCOG calculate and collect TUMF, WRCOG shall take full responsibility for calculating the TUMF obligation and any shortfall in the calculation shall not be the responsibility of the participating jurisdiction."
Existing, and future credit agreements for the benefit of City improvements will still be managed and reported monthly by City staff, consistent with the current procedure.

At the August 15, 2023, City Council meeting, staff recommended that City Council approve amending section 060 of Chapter 3.39 to allow TUMF fees to be calculated and processed directly by WRCOG. Council unanimously approved the ordinance as presented at its first reading.

Fiscal Impact:

The cost of preparing the staff report is estimated to be $500.

Recommended Action:

Waive the full second reading and adopt by title only, "An Ordinance of the City of Beaumont, California Amending Section 060 Beaumont Municipal Code Section 3.39 To Include a Process Whereby the Western Riverside Council of Governments (WRCOG) Shall Calculate and Collect Fees Under the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program Directly" Attachments:

A. Proposed Ordinance
B. Public Notice

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA
AMENDING SECTION 060 OF BEAUMONT MUNICIPAL CODE
SECTION 3.39 TO INCLUDE A PROCESS WHEREBY

WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
(WRCOG) SHALL CALCULATE AND COLLECT OF FEES

UNDER THE WESTERN RIVERSIDE COUNTY

TRANSPORTATION UNIFORM MITIGATION FEE (TUMF)

PROGRAM DIRECTLY

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced.

SECTION 3. Findings. The City Council of the City of Beaumont (the "City") is a member agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, the WRCOG Member Agencies WRCOG developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") on future residential, commercial and industrial development; and WRCOG, upon the recommendation of the WRCOG Executive Committee, has adopted a process in which WRCOG calculates and collects TUMF on behalf of member agencies directly from the developer upon which the fee is imposed under the Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2018 and the City Council so desires WRCOG to collect the TUMF on behalf of the City. 1

SECTION 4. No provisions of this Ordinance shall entitle any person who has already paid the TUMF to receive a refund, credit or reimbursement of such payment. This Ordinance does not create any new TUMF.

SECTION 5. Chapter 3.39 is hereby amended and restated in full to read as follows:

3.39.010. Title.

This Ordinance shall be known as the "Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2017" ("Ordinance").

3.39.020. Findings.

A. The City is a member agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, the WRCOG Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") on future residential, commercial and industrial development. A map depicting the boundaries of Western Riverside County and the Regional System is attached here as Exhibit "A" and incorporated herein.

B. WRCOG, with the assistance of TUMF Participating Jurisdictions, has prepared an updated nexus study entitled "Transportation Uniform Mitigation Fee Nexus Study: 2016 Update" ("2016 Nexus Study") pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the fees. On July 10, 2017, the WRCOG Executive Committee reviewed the 2016 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program.

C. The City Council has been informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged and unless development contributes to the cost of improving the Regional System, the result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable Levels of Service. Furthermore, the failure to mitigate growing traffic impacts on the Regional System will substantially impair the ability of public safety services (police and fire) to respond and, thus, adversely affect the public health, safety and welfare. Therefore, continuation of a TUMF Program is essential.

D. The City Council finds and determines that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non-residential users of the development in which the TUMF will be levied.

E. The City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional system.

Such development will benefit from the Regional System improvements and the burden of such developments will be mitigated in part by payment of the TUMF. 2

F. The City Council finds and determines that the cost estimates set forth in the new 2016 Nexus Study are reasonable cost estimates for constructing the Regional System improvements and the facilities that compromise the Regional System, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development.

G. The fees collected pursuant to this Chapter shall be used to help pay for the design, planning, construction of and real acquisition for the Regional System improvements and its facilities as identified in the 2016 Nexus Study. The need for the improvements and facilities is related to new development because such development results in additional traffic and creates the demand for the improvements.

H. By notice duly given and published, the City Council set the time and place for a public hearing on the 2016 Nexus Study and the fees proposed thereunder and at least ten (10) days prior to this hearing, the City Council made the 2016 Nexus Study available to the public.

I. At the time and place set for the hearing, the City Council duly considered data and information provided by the public relative to the cost of the improvements and facilities for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing.

J. The City Council finds that the 2016 Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements and facilities to the Regional system.

K. The City Council hereby adopts the 2016 Nexus Study and its findings. The 2016 Nexus Study is attached and incorporated herein as Exhibit "B."

3.39.030. Definitions.

For the purpose of this Ordinance, the following words, terms and phrases shall have the following meanings:

A. "Class 'A' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class 'A" Office shall be as follows: (i) minimum of three stories (exception will be made for March JPA, where height requirements exist); (ii) minimum of 10,000 square feet per floor; (iii) steel frame construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/ exits for commercial uses within the building.

B. "Class 'B' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class 'B" Office shall be as follows: (i) minimum of two stories; (ii) minimum of 15,000 square feet per floor; (iii) steel 3

frame, concrete or masonry shell construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building.

C. "Development Project" or "Project" means any project undertaken for the purposes of development, including the issuance of a permit for construction.

D. "Gross Acreage" means the total property area as shown on a land division of a map of record, or described through a recorded legal description of the property. This area shall be bounded by road rights of way and property lines.

E. "Habitable Structure" means any structure or part thereof where persons reside, congregate or work and which is legally occupied in whole or part in accordance with applicable building codes, and state and local laws.

F. "Industrial Project" means any development project that proposes any industrial or manufacturing use allowed in the following Ordinance No. 1016 zoning classifications: I -P, M, M -S -C, M -M, M -H, M -R, M -R -A, A-1, A -P, A-2, A -D, W -E, or SP with one of the aforementioned zones used as the base zone.

G. "Low Income Residential Housing" means "Residential Affordable Units": (A) for rental housing, the units shall be made available, rented and restricted to "lower income households" (as defined in Health and Safety Code Section 50079.5) at an "affordable rent" (as defined in Health and Safety Code Section 50053), ). Affordable units that are rental housing shall be made available, rented, and restricted to lower income households at an affordable rent for a period of at least fifty-five (55) years after the issuance of a certificate of occupancy for new residential development. and (B) for for -sale housing, the units shall be sold to "persons or families of low or moderate income" (as defined in Health and Safety Code Section 50093) at a purchase price that will not cause the purchaser's monthly housing cost to exceed "affordable housing cost (as defined in Health and Safety Code Section 50052.5) Affordable units that are for -sale housing units shall be restricted to ownership by persons and families of low or moderate income for at least forty-five (45) years after the issuance of a certificate of occupancy for the new residential development.

H. "Multi -Family Residential Unit" means a development project that has a density of greater than eight (8) residential dwelling units per gross acre. "Non -Residential Unit" means retail commercial, service commercial and industrial development which is designed primarily for non -dwelling use, but shall include hotels and motels.

J. "Recognized Financing District" means a Financing District as defined in the TUMF Administrative Plan as may be amended from time to time.

K. "Residential Dwelling Unit" means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single-family and multi -family dwellings. "Residential Dwelling Unit" shall not include hotels or motels.
4

L. "Retail Commercial Project" means any development project that proposes any retail commercial activity use not defined as a service commercial project allowed in the following Ordinance No. 1016 classifications: R-1, R -R, R -R-0, R -1-A, R -A, R-2, R -2-A, R-3, R- 3 -A, R -T, R -T -R, R-4, R-5, R-6, C -1/C -P, C -T, C -P -S, C -R, C -O, R -V -C, C -V, W-2, R -D, N -A, W- 2 -M, W-1, CC, CG or SP with one of the aforementioned zones used as the base zone, which can include any eating/dining facility residing on the retail commercial development premises.

M. "Service Commercial Project" means any development project that is predominately dedicated to business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal, and medical offices eating/dining facilities, and other uses related to personal or professional services.

N. "Single Family Residential Unit" means each residential dwelling unit in a development that has a density of eight (8) units to the gross acre or less.

O. "TUMF Participating Jurisdiction" means a jurisdiction in Western Riverside County which has adopted and implemented an ordinance authorizing participation in the TUMF Program and complies with all regulations established in the TUMF Administrative Plan, as adopted and amended from time to time by the WRCOG.

P. "Disabled Veteran" means any veteran who is retired or is in process of medical retirement from military service who is or was severely injured in a theatre of combat operations and has or received a letter of eligibility for the Veterans Administration Specially Adapted Housing (SAH) Grant Program.

Q. Government/public buildings, public schools, and public facilities means any owned and operated facilities by a government entity in accordance with Section G.

Exemptions, Subsection 2. of this Ordinance. A new development that is subject to a long-term lease with a government agency for government/public buildings, public schools, and public facilities shall apply only if all of the following conditions are met:
(a) The new development being constructed is subject to a long-term lease with a government agency.
(b) The project shall have a deed restriction placed on the property that limits the use to government/public facility for the term of the lease, including all extension options, for a period of not less than 20 years. Any change in the use of the facility from government shall trigger the payment of the TUMF in effect at the time of the change is made.
(c) No less than ninety percent of the total square footage of the building is leased to the government agency during the term of deed restriction the long term and any extensions thereof.
(d) The new development is constructed at prevailing wage rates. (e) A copy of the lease is provided to the applicable jurisdiction and to WRCOG.
(f) Based on the facts and circumstances WRCOG determines that the intent of the lease is to provide for a long-term government use, and not to evade payment of TUMF.

R. "Non-profit Organization" means an organization operated exclusively for exempt purposes set forth in section 501(c)(3) of the Internal Revenue Code, and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial port of its activities 5

and it may not participate in any campaign activity for or against political candidates. For the purposes of the TUMF Program, the non-profit may be a 501(c) (3) charitable organization as defined by the Internal Revenue Service.

S. "Long -Term Lease" as used in the TUMF Program, a "long-term lease" shall mean a lease with a term of no less than twenty years.

T. "Mixed -Use Development" as used in the TUMF Program, means Developments with the following criteria: (1) three or more significant revenue -producing uses, and (2) significant physical and functional integration of project components.

U. "Guest Dwellings" and "Detached Second Units" according to the State of California legal definition as following: 1) The second unit is not intended for sale and may be rented; 2) The lot is zoned for single-family dwellings; 3) The lot contains an existing single- family dwelling; 4) The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling; and 5) Are ministerially amended by each jurisdiction's local codes.
.V. "TUMF Administrative Plan" means that the TUMF Administration Plan adopted by the WRCOG Execution Committee May 5, 2003, as amended, setting forth detailed administration procedures and requirements for the TUMF program.

3.39.040. Establishment of the Transportation Uniform Mitigation Fee.

A. Adoption of TUMF Schedule. The City Council shall adopt an applicable TUMF schedule through a separate resolution, which may be amended from time to time.

B. Fee Calculation. The fees shall be calculated according to the calculation methodology fee set forth in the WRCOG TUMF Fee Calculation Handbook adopted July 14, 2003, as amended from time to time. In addition to data in the Fee Calculation Handbook, WRCOG Staff and the local agency may consider the following items when establishing the appropriate fee calculation methodology:
• Underlying zoning of the site
• Land -use classifications in the latest Nexus Study
• Project specific traffic studies
• Latest Standardized reference manuals such as the Institute of Traffic Engineers Trip Generation Manual
• Previous TUMF calculations for similar uses
• WRCOG staff shall approve final draft credit / reimbursement agreement prior to execution
WRCOG shall have final determination regarding the appropriate methodology to calculate the fee based on the information provided. In case of a conflict between the applicant, WRCOG, and/or the local agency regarding the fee calculation methodology, the dispute resolution process in the TUMF Administrative Plan will apply.

C. Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. By amendment to the Resolution 6

referenced as subsection A, above, the fees may be increased or decreased to reflect the changes in actual and estimated costs of the Regional System including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with which to construct the Regional System. WRCOG shall review the TUMF Program no less than every four (4) years after the effective date of this Ordinance.

D. Purpose. The purpose of the TUMF is to fund those certain improvements to the Regional System as depicted in Exhibit "A" and identified in the 2016 Nexus Study, Exhibit "B." E. Applicability. The TUMF shall apply to all new development within the City, unless otherwise exempt hereunder.

F. Exemptions. The following types of new development shall be exempt from the provisions of this Ordinance and in TUMF Administrative Plan:

1. Low income residential housing as described in Section 3 Definitions, Subsection G of this Ordinance and in the TUMF Administrative Plan.

2. Government/public buildings, public schools, and public facilities as described in Section 3. Definitions, Subsection Q. of this Ordinance and in the TUMF Administrative Plan. Airports that are public use airports and are appropriately permitted by Caltrans or other state agency.

3. Development Projects which are the subject of a Public Facilities Development Agreement entered into pursuant to Government Code section 65864 et seq, prior to the effective date of Ordinance No. 839, wherein the imposition of new fees are expressly prohibited, provided that if the term of such a Development Agreement is extended by amendment or by any other manner after the effective date of Ordinance No. 839, the TUMF shall be imposed.

4. The rehabilitation and/or reconstruction of any habitable structure in use on or after January 1, 2000, provided that the same or fewer traffic trips are generated as a result thereof.

5. Guest Dwellings and Detached Second Units as described in this Ordinance in Section 3. Definitions, Subsection U. and in the Administrative Plan

6. Kennels and Catteries established in connection with an existing single family residential unit.

7. Any sanctuary, or other activity under the same roof of a church or other house of worship that is not revenue generating and is eligible for a property tax exemption (excluding concert venues, coffee/snack shops, book stores, for-profit pre- school day -cares, etc., which would be assessed TUMF.)

8. Any nonprofit corporation or nonprofit organization offering and conducting full-time day school at the elementary, middle school or high school level for students between the ages of five and eighteen years.

9. New single-family homes, constructed by non-profit organizations, specially adapted and designed for maximum freedom of movement and independent living for qualified Disabled Veterans."

10. Other uses may be exempt as determined by the WRCOG Executive Committee as further defined in the TUMF Administrative Plan.
7

G. Credit. Regional System improvements may be credited toward the TUMF in accordance with the TUMF Administrative Plan and the following:

Regional Tier
Arterial Credits: If a developer constructs arterial improvements identified on the Regional System, the developer shall receive credit for all costs associated with the arterial component based on approved Nexus Study for the Regional System effective at the time the credit agreement is entered into. WRCOG staff must pre -approve any credit agreements that deviate from the standard WRCOG approved format.
ii. Other Credits: In special circumstances, when a developer constructs off -site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the City in consultation with the developer.

All such credits must have prior written approval from WRCOG.

The amount of the development fee credit shall not exceed the maximum amount determined by the Nexus Study for the Regional System at the time the credit agreement is entered into or actual costs, whichever is less.

Local Tier
The local jurisdictions shall compare facilities in local fee programs against the Regional System and eliminate any overlap in its local fee program except where there is a Recognized Financing District has been established. ii. If there is a Recognized Financing District established, the local agency may credit that portion of the facility identified in both programs against the TUMF in accordance with the TUMF Administrative Plan.

3.39.050. Reimbursements.

Should the developer construct Regional System improvements in excess of the TUMF fee obligation, the developer may be reimbursed based on actual costs or the approved Nexus Study effective at the time the agreement was entered into, whichever is less. Reimbursements shall be enacted through an agreement between the developer and the City, contingent on funds being available and approved by WRCOG. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year Zone Transportation Improvement Program's adopted annually by WRCOG.

3.39.060. Procedures for the Levy, Collection and Disposition of Fees.

A. Authority of the Building Department. The Director of Building & Safety, or his/her designee, is hereby authorized provide WRCOG with development project specifics for the calculation of TUMF in a manner consistent with the TUMF Administrative Plan.

B. Payment and Collection. Payment of the fees shall be as follows:
i. All fees collected hereunder shall be collected by WRCOG directly from the developer for deposit, investment, accounting and expenditure in accordance with the provisions of this Ordinance, TUMF Administrative Plan, and the Mitigation Fee Act. ii. The TUMF fees shall be paid by the developer to WRCOG at the time a certificate of occupancy is issued for the Development Project or upon final inspection, 8

whichever comes first (the "Payment Date'). However this section should not be construed to prevent payment of the TUMF fees by the developer to WRCOG prior to issuance of an certificate of occupancy or final inspection. TUMF fees may be paid at the issuance of a building permit, and the fee payment shall be calculated based on the TUMF fee in effect at that time, provided the developer tenders the full amount of his/her TUMF obligation. If the developer makes only a partial payment prior to the Payment Date, the amount of the fee due shall be based on the TUMF fee schedule in place on the Payment Date. The fees shall be calculated according to fee schedule set forth in the Ordinance and the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time.

The fees required to be paid shall be the fee amounts in effect at the time of payment is due under this Ordinance, not the date the Ordinance is initially adopted.

The City shall not enter into a development agreement which freezes future adjustments of the TUMF.
iv. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee. The obligation to pay the fee shall run with the land and be binding on all the successors in interest to the property.
v. Fees shall not be waived.

C. Issuance of Certificate of Occupancy. The City shall not issue a certificate of occupancy for any Development Project until WRCOG has provided written evidence that it has collected the fee.

D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF Administrative Plan. Appealable issues shall be the application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemption.

E. Reports to WRCOG. The Director of Building and Safety, or his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under Section 7 of this Ordinance.

3.39.070. Appointment of the TUMF Administrator.

WRCOG is hereby appointed as the Administrator of the Transportation Uniform Mitigation Fee Program. WRCOG is hereby authorized to receive all fees generated from the TUMF within the City, and to invest, account for and expend such fees in accordance with the provisions of this Ordinance and the Mitigation Fee Act. The detailed administrative procedures concerning the implementation of this Ordnance shall be contained in the TUMF Administrative Plan.

Furthermore, the TUMF Administrator shall use the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time, for the purpose of calculating a developer's TUMF obligation. In addition to detailing the methodology for calculating all TUMF obligations of different categories of new development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF Administrator, where necessary, the definition and calculation methodology for uses not clearly defined in the respective TUMF ordinances. 9

WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed one percent (1 %) of the revenue raised by the TUMF Program. The TUMF Administrative Plan further outlines the fiscal responsibilities and limitations of the Administrator.

SECTION 6. Effective Date.

This Ordinance shall take effect thirty (30) days after its adoption.

INTRODUCED and READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held upon this day of 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the day of , 2023.

AYES:

NOES:

ABSTAIN:

ABSENT:

Julio Martinez III, Mayor
Attest:

Nicole Wheelwright, Deputy City Clerk
Approved as to from:

John O. Pinkney, City Attorney
10

11

THE PRESS -ENTERPRISE

KEEP YOUR EYES ON THE 'PRISE
pe.com
3512 14 Street
Riverside, California 92501
(951) 368-9229
[email protected]
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Account Number:

Ad Order Number:

Customer's Reference/PO Number:

Publication:

Publication Dates:

Total Amount:

Payment Amount:

Amount Due:

Notice ID:

Invoice Text:
5209298
0011617076
The Press -Enterprise
08/04/2023
$236.84
$0.00
$236.84
xVcKDws7TI OA0z1iQiO4
On August 15, 2023 at approximately 6:00 p.m. at the City of Beaumont Council meeting, in City Council Chambers at City of Beaumont Civic Center, 550 E 6th Street, Beaumont, Ca 92223, the Council will consider the following matter: AN

ORDINANCE OF THE CITY OF BEAUMONT AMENDING AMENDING SECTION 060 OF ORDINANCE NO. 1091 TO INCLUDE A PROCESS WHEREBY WRCOG

SHALL CALCULATE AND COLLECT OF FEES UNDER THE WESTERN

RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM INSTEAD OF THE CITY The City of Beaumont seeks to amend Ordinance No. 1091, Section 060 "Procedures for the Levy, Collection and Disposition of Fees," to authorize the TUMF fees to be collected by WRCOG directly from the developers from the effective date of this Ordinance forward. The Council will conduct a public hearing to receive testimony and comments from all interested persons. Public comments can be made in person, using the public comment phone line or by written email. Phone-in comments will be accepted by calling the designated public comment phone line (951) 922-4845 prior to the corresponding item. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Written comments can be emailed to [email protected] Public comments accepted via email will be read aloud during the corresponding item of the meeting. Comments can be submitted anytime prior to the meeting as well as during the meeting until the end of the corresponding item. This meeting will be conducted in person and also and will be recorded for live streaming. All City of Beaumont public meetings will be made available via live streaming and made available on the City's

TUMF Ord (5209298) - Page 1 of 1

THE PRESS -ENTERPRISE

KEEP YOUR EYES ON THE 'PRISE
Signature
The Press -Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Publication: The Press -Enterprise

PROOF OF PUBLICATION OF
Ad Desc: 0011617076
FILE NO. 0011617076

PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above -
entitled matter. I am an authorized
representative of THE PRESS -
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
0810412023
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Date: August 4, 2023.

At: Riverside, California
On August 15, 2023 at approximately 6:00 p.m. at the Clty of Beaumont Council meeting, in Clty Council Chambers at Clty of Beaumont Civic Center, 550 E 6th Street, Beaumont, Ca 92223, the Council will consider the following matter:

AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING
AMENDING SECTION 0600F ORDINANCE NO. 1091 TO INCLUDE

A PROCESS WHEREBY WRCOG SHALL CALCULATE AND

COLLECT OF FEES UNDER THE WESTERN RIVERSIDE

COUNTY TRANSPORTATION UNIFORM MITIGATION FEE
(TUMF) PROGRAM INSTEAD OF THE CITY
The City of Beaumont seeks to amend Ordinance No. 1091, Section 060 "Procedures for the Levy, Collection and Disposition of Fees," to authorize the TUMF fees to be collected by WRCOG directly from the developers from the effective date of this Ordinance forward.

The Council will conduct a public hearing to receive testimony and comments from all Interested persons. Public comments can be made in person, using the public comment phone line or by written email.

Phone -In comments will be accepted by cal ling the designated public comment phone line (951) 922-4845 prior to the corresponding item.

Public comments shall not exceed three minutes unless otherwise authorized by Clty Council. Written comments can be emalled to [email protected] Public comments accepted via email will be read aloud during the corresponding item of the meeting.

Comments can be submitted anytime prior to the meeting as well as during the meeting until the end of the corresponding Item.

This meeting will be conducted in person and also and will be recorded for live streaming. All City of Beaumont public meetings will be made available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access: BeaumontCa.gov/Llvestream For further information on this item, please contact, the Director of Public Works at (951) 769-8520 . A complete copy of the Ordinance is available for review at the Clty Clerk's office located at the Clty of Beaumont Clty Hall, 550 E 6th Street, Beaumont Ca 92223 Dated: August 1, 2023
The Press -Enterprise
Published: 8/4/23

TUMF Ord (5209298) - Page 1 of 1

BEAUMONT
- C !� 1 1 0 R N A
Staff Report
TO: City Council
FROM: Sean Thuilliez, Chief of Police
DATE September 5, 2023
SUBJECT: Adopt a Resolution Authorizing the Mayor and the Chief of Police to Sign a Federal Equitable Sharing Agreement
Description Agreement that Will Allow the City to Receive Federally Forfeited Assets from Adjudicated Cases, Pursuant to the Federal Equitable Sharing Program.

Background and Analysis:

The Beaumont Police Department participates on many regional task forces, as a result, the City has the opportunity to receive federally forfeited funds. In addition to the task force participation, the police department's Crime Suppression Unit (CSU) and K9 teams also conduct street level narcotic and drug interdiction investigations. However, in order to receive such assets, it is required that the City have a Federal Equitable Sharing Agreement on file with the Department of Justice and the Department of the Treasury.

Some of the investigations conducted by CSU and K9 may result in the seizure of assets (cash and/or property) that could be determined to be the proceeds of illegal drug transactions or used in the furtherance of illegal transactions. These drug assets may be seized under state or federal law. If the assets are proven to be drug -related, they are subject to forfeiture by a court of law. Once deemed legally forfeited, the assets may be available to be shared with agencies that were involved in the seizure.

There are strict guidelines under both state and federal law governing the use of forfeited assets by cities and counties. These assets must be used for law enforcement purposes to supplement the regular budgeted items. There are strict prohibitions against supplanting General Fund allocations with forfeited funds. The use of forfeited assets is a very cost-effective way to further public safety goals without impacting the General Fund.

If a drug asset is forfeited under federal law, the responsible federal agency is not able to transfer that asset to local law enforcement agencies involved without a signed Federal Equitable Sharing Agreement on file. This must be on file with both the

Department of Justice and the Department of the Treasury. This agreement states that the City will comply with the following conditions upon receipt of a federally forfeited asset:

1. The forfeited funds will not be commingled with funds from other sources and will be accounted for using a separate revenue account or accounting code.

2. Interest earned on federally forfeited assets must be accounted for in the same account as the forfeited assets.

3. The forfeited funds will be subject to all standard accounting requirements as well as to specific requirements for federally forfeited funds.

4. The City will submit annual Certification Reports to the Department of Justice and the Department of the Treasury accounting for the shared federal funds.

The Police Department will be responsible for ensuring the City's compliance with the agreement, including the annual reporting. Staff will work with the Finance Department regarding the accounting aspects of the agreement to ensure the forfeited funds and earned interest are tracked separately from other funds and utilized in accordance with federal law. The Federal Equitable Sharing Agreement each year requires the signatures of both the head of the Governing Body for the City and the Chief of Police.

Fiscal Impact:

If any federally forfeited funds are shared with the Police Department, the funds will benefit the City for one-time allocations such as equipment purchases or training. There will be a minimum amount of staff time needed within the Police Department to ensure proper accounting of the funds and compliance with the sharing agreement.

The estimated cost to prepare this report is $500.

Recommended Action:

Waive the full reading and adopt by title only, "A Resolution of the City Council of the City of Beaumont Authorizing the Mayor and the Chief of Police to Execute a Federal Equitable Sharing Agreement."
Attachments:

A. Resolution
B. Federal Equitable Sharing Agreement

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,

CALIFORNIA, AUTHORIZING THE MAYOR AND THE CHIEF OF POLICE TO

EXECUTE A FEDERAL EQUITABLE SHARING AGREEMENT
WHEREAS, each year the City of Beaumont is required to submit a Federal Equitable Sharing Agreement in order to receive federally forfeited funds or assets; and WHEREAS, the Agreement sets forth the requirements for participation in the Federal Equitable Sharing Program; and
WHEREAS, the Agreement must be signed by the head of the Governing Body for the City and the Chief of Police; and
WHEREAS, any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the Federal Equitable Sharing Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Beaumont does hereby authorize the Mayor and the Chief of Police to execute a Federal Equitable Sharing Agreement with the United States Department of Justice and the United States Department of the Treasury.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 5th day of September, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Julio Martinez III, Mayor
ATTEST:

Nicole Wheelwright, Deputy City Clerk

OMB Number 1123-0011
Expires: December 31, 2024
Equitable Sharing Agreement and Certification
NCIC/ORI/Tracking Number: CA0330200
Agency Name: City Of Beaumont Police Department
Mailing Address: 550 E 6th Street
Beaumont, CA 92223
Agency Finance Contact
Name: Cashmer, Marcedes
Phone: 951-769-8500
Jurisdiction Finance Contact
Name: Ustation, Jennifer
Phone: 951-769-8520
ESAC Preparer
Name: Cashmer, Marcedes
Phone: 951-769-8500
FY End Date: 06/30/2023
Summary of Equitable Sharing Activity
Type: Police Department
Email:[email protected]
Email:justation©beaumontca.gov
Email: [email protected]
Agency FY 2024 Budget: $1,648,600.10
Annual Certification Report
Justice Funds
Treasury Funds
2 1
Beginning Equitable Sharing Fund Balance
$6,036.38
$0.00
2 Equitable Sharing Funds Received
$53,146.61
$0.00
3 Equitable Sharing Funds Received from Other Law Enforcement Agencies and Task Force
$0.00
$0.00
4 Other Income
$0.00
$0.00
5 Interest Income
$536.25
$0.00
6 Total Equitable Sharing Funds Received (total of lines 2-5) $53,682.86
$0.00
7 Equitable Sharing Funds Spent (total of lines a - n)
$0.00
$0.00
8 Ending Equitable Sharing Funds Balance
(difference between line 7 and the sum of lines 1 and 6) $59,719.24
$0.00
I Department of Justice Asset Forfeiture Program Investigative Agency participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA 2Department of the Treasury Asset Forfeiture Program participants are: IRS -CI, ICE, CBP and USSS.

Summary of Shared Funds Spent
Justice Funds
Treasury Funds
a
Law Enforcement Operations and Investigations
$0.00
$0.00
b
Training and Education
$0.00
$0.00
c
Law Enforcement, Public Safety, and Detention Facilities $0.00
$0.00
d
Law Enforcement Equipment
$0.00
$0.00
e
Joint Law Enforcement/Public Safety Equipment and Operations $0.00
$0.00
f
Contracts for Services
$0.00
$0.00
g
Law Enforcement Travel and Per Diem
$0.00
$0.00
h
Law Enforcement Awards and Memorials
$0.00
$0.00
i
Drug, Gang, and Other Education or Awareness Programs
$0.00
$0.00
j
Matching Grants
$0.00
$0.00
k
Transfers to Other Participating Law Enforcement Agencies $0.00
$0.00
I
Support of Community -Based Programs
$0.00
m
Non -Categorized Expenditures
$0.00
$0.00
n
Salaries
$0.00
$0.00
Total
$0.00
$0.00
Date Printed: 08/21/2023

Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name
Justice Funds
Treasury Funds
Other Income
Other Income Type
Justice Funds
Treasury Funds
Matching Grants
Matching Grant Name
Justice Funds
Treasury Funds
Transfers to Other Participating Law Enforcement Agencies Receiving Agency Name
Justice Funds
Treasury Funds
Support of Community -Based Programs
Recipient
Justice Funds
Non -Categorized Expenditures
Description
Justice Funds
Treasury Funds
Salaries
Salary Type
Justice Funds
Treasury Funds
Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Money Laundering and Asset Recovery Section at 1400 New York Avenue, N.W., Washington, DC 20005.

Privacy Act Notice
The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures.

Providing this information is voluntary; however, the information is necessary for your agency to maintain Program compliance.

Information collected is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006), JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or it accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as amended by subsequent publications.

Independent Auditor
Name:

Company:

Phone:

Email:

Single Audit Information
Date Printed:08/21/2023 Page 146 of 669

Were equitable sharing expenditures included on the Schedule of Expenditures of Federal Awards (SEFA) for the jurisdiction's Single Audit for the prior fiscal year? If the jurisdiction did not meet the threshold to have a Single Audit performed, select Threshold Not Met.

YES ❑ NO ❑ THRESHOLD NOT MET X❑
Prior Year Single Audit Number Assigned by Federal Audit Clearinghouse:

Date Printed: 08/21/2023 Page 147 of 669 Page 3 of 5

Affidavit
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. The undersigned officials certify that the information submitted on the Equitable Sharing Agreement and Certification form (ESAC) is an accurate accounting of funds received and spent by the Agency.

The undersigned certify that the Agency is in compliance with the applicable nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations.

Equitable Sharing Agreement
This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the Agency, and (3) the Agency's governing body, sets forth the requirements for participation in the federal Equitable Sharing Program and the restrictions upon the use of federally forfeited funds, property, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By submitting this form, the Agency agrees that it will be bound by the Guide and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.

Submission of the ESAC is a prerequisite to receiving any funds or property through the Equitable Sharing Program.

1. Submission. The ESAC must be signed and electronically submitted within two months of the end of the Agency's fiscal year. Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury.

2. Signatories. The ESAC must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body head is the head of the agency that appropriates funding to the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, administrator, commissioner, and governor. The governing body head cannot be an official or employee of the Agency and must be from a separate entity.

3. Uses. Shared assets must be used for law enforcement purposes in accordance with the Guide and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.

4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must obtain written approval from the Department of Justice or Department of the Treasury. Transfers of tangible property are not permitted.

Agencies that transfer or receive equitable sharing funds must perform sub -recipient monitoring in accordance with the Code of Federal Regulations.

5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury, funds from state and local forfeitures, joint law enforcement operations funds, and any other sources must not be commingled with federal equitable sharing funds.

The Agency certifies that equitable sharing funds are maintained by its jurisdiction and the funds are administrated in the same manner as the jurisdictions's appropriated or general funds. The Agency further certifies that the funds are subject to the standard accounting requirements and practices employed by the Agency's jurisdiction in accordance with the requirements set forth in the Guide, any subsequent updates, and the Code of Federal Regulations, including the requirement to maintain relevant documents and records for five years.

The misuse or misapplication of equitably shared funds or assets or supplantation of existing resources with shared funds or assets is prohibited. The Agency must follow its jurisdiction's procurement policies when expending equitably shared funds.

Failure to comply with any provision of the Guide, any subsequent updates, and the Code of Federal Regulations may subject the Agency to sanctions.

6. Single Audit Report and Other Reviews. Audits shall be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards. The Agency must report its equitable sharing expenditures on the jurisdiction's Schedule of Expenditures of Federal Awards (SEFA) under Assistance Listing Number 16.922 for Department of Justice and 21.016 for Department of the Treasury. The Date Printed: 08/21/2023 Page 148 of 669 Page 4 of 5

Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews.

7. Freedom of Information Act (FOIA). Information provided in this Document is subject to the FOIA requirements of the Department of Justice and the Department of the Treasury. Agencies must follow local release of information policies.

8. Waste, Fraud, or Abuse. An Agency or governing body is required to immediately notify the Department of Justice's Money Laundering and Asset Recovery Section and the Department of the Treasury's Executive Office for Asset Forfeiture of any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds.

Civil Rights Cases
During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above?
❑ Yes ® No
Agency Head
Name:Thuilliez, Sean
Title: Chief of Police
Email: [email protected]
Signature: Date:

To the best of my knowledge and belief, the information provided on this ESAC is true and accurate and has been reviewed and authorized by the Law Enforcement Agency Head whose name appears above. Entry of the Agency Head name above indicates his/her agreement to abide by the Guide, any subsequent updates, and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies and procedures.

Governing Body Head
Name: Martinez, Julio
Title: Mayor
Email: [email protected]
Signature: Submitted Electronically Date: 09/05/2023
To the best of my knowledge and belief, the Agency's current fiscal year budget reported on this ESAC is true and accurate and the Governing Body Head whose name appears above certifies that the agency's budget has not been supplanted as a result of receiving equitable sharing funds. Entry of the Governing Body Head name above indicates his/her agreement to abide by the policies and procedures set forth in the Guide, any subsequent updates, and the Code of Federal Regulations.
❑ I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head.

Date Printed: 08/21/2023 Page 149 of 669 Page 5 of 5

BEAUMONT
- C !� 1 1 0 R N A
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE September 5, 2023
SUBJECT: Public Hearing and Consideration of a Proposed Ordinance Temporarily Suspending Off -Street Parking Requirements for Existing Non-residential Structures in the Downtown District
Description A request by the Planning and Economic Development Departments to establish an ordinance temporarily suspending off-street parking requirements for existing, non-residential structures in the Downtown District as defined by the Downtown District's map boundaries. The proposed ordinance would be in effect for a period not to exceed eighteen (18) months.

Background and Analysis:

Over the past several years, staff has been making incremental progress on assessing the needs of downtown businesses. In 2018, the City adopted an Economic Development Strategic Plan. In 2020, the City received a grant for a Parking Management Master Plan. In 2021, the General Plan Update was adopted. In 2022, at the direction of City Council, the City's Economic Development Department began the process of developing the Downtown Beaumont Revitalization Plan (DBRP) and in 2023, City Council engaged in developing a Strategic Plan. Each of these have contributed to the evaluation of and adjustments to how City staff approaches various processes and programs.

One of the main programs staff is currently running through the Economic Development Department are the Downtown Incentives. These provide an array of financial and staff assistance to current and future businesses. As staff conducts site visits and reviews proposals, various issues have been identified as barriers to opening a business.

Programs are currently in place to assist with many of these issues such as pre - inspections and pre -application fee waivers, grease interceptor cost sharing and fagade improvements. In addition to these, a program for helping with fire sprinkler installation and/or retrofit is being proposed this evening as part of tonight's agenda.

With programs in place to address the bulk of the structural issues, on -site parking requirements remain a barrier to many businesses. A majority of the lots and buildings in the Downtown District (Attachment B) were created and constructed decades ago.

Current parking standards were adopted in 2007 and are applied City wide. These standards do not take into consideration the site constraints of downtown properties and are not conducive to facilitating revitalization in downtown.

The City Council has adopted a number of documents which contain goals or action items to implement throughout the City. The following are a few goals or actions related to Downtown:

Economic Development Strategic Plan (2018)

ENTREPRENEURIAL DEVELOPMENT
D. Incorporate real estate development / revitalization programs into entrepreneurial development programs, as appropriate to the extent that entrepreneurs' space -using options are currently constrained.

REAL ESTATE DEVELOPMENT AND REVITALIZATION/REDEVELOPMENT A. Continually monitor coordination efforts between the General Plan and other research work and economic development objectives and actions. For example:
• Explicitly relate planned commercial/industrial areas to industry targets and the City's overall economic development approach.
• Show how areas designated for revitalization relate to economic development targets and programs.
• Show how the repurposing of certain structures/areas can support startup companies.

The intent of this ongoing monitoring effort would be to ensure that the City's various development -related policies remain in sync and, when appropriate, to make future policy adjustments to maximize the alignment of these closely related programs.

C. Create and market incentives for redevelopment / revitalization of older properties (potentially including non -financial incentives such as expedited entitlements and permit processing)
E. As appropriate, contact the owners of commercial properties that might benefit from revitalization efforts to assess interest and potential partnerships or other forms of public support to achieve revitalization / redevelopment goals.

PLACEMAKING
B. Identify and promote actions to encourage the placemaking potential of the Downtown area within the framework of the Downtown Specific Plan.

General Plan (2021)

Goal 5.1: A dynamic local economy that attracts diverse business and investment.

5.1.5 Maintain a regulatory environment that is business friendly, easy to navigate, flexible and encourages growth consistent with the General Plan.

5.1.7 Support a variety of revitalization and improvement programs focused on placemaking and beautification, such as facade improvements, public gathering places, public art, and community events. (Also see Land Use and Community Design Element).

Goal 5.4: A community that supports the growth and prosperity of local businesses.

5.4.3 Encourage investment and focus revitalization efforts in Downtown and along Beaumont Avenue and Second Street corridors to have the most positive impact on existing businesses and to capitalize on the potential of a walkable mixed -use commercial center in the community.

Goal 5.5: A community with vibrant shopping areas.

5.5.7 Create development regulations that facilitate adaptive reuse of older buildings.

Parking Management Master Plan (2021)
Short -Term Recommendations (1-2 years)
3) Lower parking requirements for the downtown area
The Parking Management Master Plan identified a parking surplus of 828 spaces on - street and off-street, in the Downtown Core Subarea which aligns with the Downtown District shown in Attachment B.

City Council Strategic Plan (2023)
Priority Level 3 Goals:
■ Develop a pedestrian style downtown with shopping, restaurants, and parking (Target #3, Goal #2)
■ Recruit and attract businesses, including an anchor tenant, downtown hotel, and medical providers (Target #3, Goal #4)
■ Revisit the City's Municipal Codes and Zoning (Target #3, Goal #6) Through the revitalization efforts and incentive program applications, staff has encountered instances where a property has no parking or very minimal parking on -site.

This means in many cases a business cannot occupy a property or cannot expand their existing business to add space, due to the parking requirements. This is a particular issue in the heart of downtown.

As the DBRP nears completion, the Planning Department is beginning the process of updating the City's zoning code. As part of both of these processes, utilizing previous

and current data, downtown parking standards (among other things) will be assessed, and revisions recommended.

In the interim, to assist with continuing progress on meeting Council's goals and to facilitate continued interest in the downtown, staff is proposing temporary relief (not exceeding 18 months), from parking standards, specific to existing, non-residential structures in the Downtown District while the DBRP and Zoning Code Update are completed.

Planning Commission
At a public hearing held on August 23, 2023, this item was presented to the City's Planning Commission. There were no public comments on this item. Planning Commission concurred with staff and have forwarded a recommendation of approval to City Council.

Environmental Determination
In accordance with California Environmental Quality Act (CEQA) Guidelines, Section 15304(e), adoption of this ordinance is categorically exempt from CEQA, because it results in a minor, temporary alteration in the use of land which will have no permanent effect on the environment.

Fiscal Impact:

The cost to prepare this staff report and ordinance is approximately $1,000.

Recommended Action:

Waive the first full reading and approve by title only "An Ordinance of the City Council of the City of Beaumont Temporarily Suspending Parking Requirements for Existing, Non- residential Structures in the Downtown District for a Period not to Exceed Eighteen (18) Months."
Attachments:

A. Ordinance
B. Downtown Districts Map
C. Proof of Publication

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAUMONT, SUSPENDING PARKING

REQUIREMENTS FOR EXISTING NON-RESIDENTIAL

STRUCTURES IN THE DOWNTOWN DISTRICT

AS IDENTIFIED IN THE DOWNTOWN

DISTRICTS MAP FOR A PERIOD OF EIGHTEEN
(18) MONTHS
WHEREAS, the City Council desires to promote and encourage business activity in the downtown area of the City; and
WHEREAS, there are vacant buildings in downtown Beaumont built in decades past which cannot be utilized for their intended uses due to lacking the number of parking spaces required by the City's current parking requirements; and WHEREAS, Vacant buildings are a threat to public peace, health, safety and welfare as they contribute to blight, are a drain on City resources and fail to generate much needed business activity in downtown Beaumont.

WHEREAS, The City of Beaumont is in the process of preparing a Downtown Revitalization Plan and updating the zoning code, both of which envision a City structure that enhances the quality of life of the residents, enhances the health safety and welfare of the community, meets the community's vision for the future, and connects new growth areas together with established Beaumont neighborhoods; and WHEREAS, Current parking requirements do not support the City's goals of achieving revitalization in the Downtown and promoting a vibrant, walkable environment and promoting the aesthetic and fiscal health of the community.

WHEREAS, a duly noticed public hearing was conducted on this ordinance as required by law by the Planning Commission on August 23, 2023; and WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above;

THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS:
1

SECTION 1: The City Council hereby finds that the temporary suspension of parking requirements established in Beaumont Municipal Code Chapter 17.05, in the downtown area, is consistent with the adopted policies in the City of Beaumont Economic Development Strategic Plan and the General Plan of the City of Beaumont. For purposes of this ordinance, the downtown area is defined in Exhibit "A", attached hereto and made a part hereof by this reference. The suspension of Beaumont Municipal Code Chapter 17.05 shall end on the earlier of April 30, 2025 or when the City Council adopts the new zoning ordinance that is currently under review.

SECTION 2: The City's General Plan and the Economic Development Strategic Plan include specific goals and policies that aim to promote fiscal stability and business growth. Specifically, goals of the City's General Plan provide for maintaining and, where appropriate expanding the City's commercial base and promoting development of modern and attractive business activities that will enhance the City's economic well- being. The Safety Element of the General Plan strives to take public health safety and welfare impacts into consideration and incorporate measures to mitigate the likelihood of visual blight, nuisance and criminal activity. Due to the City's need to update the Zoning Code and Economic Development Strategic Plan, it is important that the City study and evaluate options available to it regarding regulation of parking in the Downtown area to prevent the adverse impacts that may result from unoccupied buildings in the City's downtown.

SECTION 3: In accordance with California Environmental Quality Act (CEQA) Guidelines, Section 15304(e), adoption of this ordinance is categorically exempt from CEQA, because it results in a minor, temporary alteration in the use of land which will have no permanent effect on the environment.

SECTION 4: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City. 2

AYES:

NOES:

ABSENT:

ABSTAIN:

Julio Martinez, Mayor
Attest:

Deputy City Clerk
Approved as to form:

John 0 Pinkney, City Attorney
3

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1 LEGAL ADVERTISEMENT
NOTICE IS HEREBY GIVEN, that the Clty of Beaumont will conduct public hearings t0 consider the matter described below. The Planning Commission's public hearing will be held at 6:00 p.m. on Wednesday, August 23, 2023, and the Clty Council's public hearing will held at 6:00 p.m. on Tuesday, September 5, 2023, at 550 East Sixth Street, Beaumont, California.

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF BEAUMONT, CALIFORNIA
AMENDING CHAPTER 17.05 "OFF-STREET PARKING AND LOADING
STANDARDS",

OF THE BEAUMONT MUNICIPAL CODE
The purpose and intent of this ordinance 1s to provide temporary relief from parking standards for commercial businesses occupying existing structures in the downtown area as identified in the Downtown Beaumont Revitalization Plan Map. This Ordinance shall sunset eighteen (18) months from of adoption, or sooner as updates to the Downtown Beaumont Revltallzatlon Plan and Zoning Code updates are completed.

Public comments can be made in person, using the public comment phone line or by written email. Phone-in comments will be accepted by calling the designated public comment phone line (951) 922- 4845 prior to the corresponding item. Public comments shall not exceed three minutes unless otherwise authorized by City Council.

Written comments can be emalled to [email protected] Public comments accepted via email will be read aloud during the corresponding item of the meeting. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item.

This meeting will be conducted in person and also and will be recorded for live streaming. All C1tY of Beaumont public meetings w1II be made available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access: BeaumontCa.gov/Llvestream Christina Taylor
Deputy Clty Manager
[email protected]
The Press -Enterprise
Published: 8/11/23
Downtown Parking (5209298) - Page 2 of 2

BEAUMONT
- C !� 1 1 0 R N A
Staff Report
TO: City Council
FROM: Carole Kendrick, Planning Manager
DATE September 5, 2023
SUBJECT: Public Hearing and Consideration of Proposed Amendments to Beaumont Municipal Code Chapter 17.08 "Nonconforming Uses"
Description Consideration of amendments to Nonconforming Uses Chapter 17.08 of the Beaumont Municipal Code.

Background and Analysis:

Planning staff is proposing updates to the Nonconforming Uses section of the Beaumont Municipal Code to address issues that have been identified recently with several properties, in addition to reducing the period of time in which a nonconforming use or structure can be considered legal nonconforming.

Nonconforming is described in Beaumont Municipal Code Chapter 17.14.060 and generally describes nonconforming uses as previously approved uses that are no longer allowed in the zone. Nonconforming structures are previously permitted structures that may no longer be allowed in the zone and/or do not comply with current development standards.

There have been several instances where a nonconforming use has failed to keep a current business license for a year or longer, but due to the language in the current Nonconforming Uses section of the Municipal Code, staff has been unable to deny renewals for nonconforming uses. The proposed addition of "legal" use and "fails to keep a current business license" will provide staff with the ability to enforce the current zoning code and encourage business owners to keep their business licenses valid.

The loss of nonconforming status is recommended to go from one (1) year to six (months) consistent with most jurisdictions including the surrounding cities of Calimesa, Banning, San Jacinto and Hemet.

Clarifying language has been added to Section 17.08.030.A.1 to include accessory structures and/or improvements that continue the nonconformity. The recommended language will address concerns raised during the building permit plan review process.

Section 17.08.030.6.1 has been updated to reflect the following changes:

Additions to Structures that are 25 percent or Less of the Total Floor Area Excluding Garages. An enlargement, extension, reconstruction or structural alteration of a structure that is nonconforming and does not exceed 25 percent of the existing total floor area, excluding garages, may be allowed if the additions or improvements conform to all other applicable provisions of the development code, and the exterior limits of the new construction do not exceed the applicable height limit or encroach any further into the setbacks than the comparable portions of the existing building. If the nonconforming structure is in a residential zone, the applicant shall provide a certified notification letter to any applicable homeowner association and all adjacent property owners 14 days in advance of approval of a zoning clearance. This provision can only be used once every five years. Any additional changes to structure which exceeds a total of 25 percent within five years from the issuance of a building permit may be allowed with subject to approval of a conditional use permit approval.

The proposed modifications to the Nonconforming Uses section of the Beaumont Municipal Code will further advance the vision for the Downtown and the 2040 General Plan and discourage the long-term continuance of nonconformities.

CEQA:

The City has analyzed this proposed project and has determined that is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The proposed ordinance in itself does not relate to any physical project and will not result in any physical change to the environment and does not affect the land use or density limitations of the General Plan. Therefore, it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Public Communications Received:

A 10 -day public notice was placed in the Press Enterprise on August 11, 2023. At the time of report preparation, the Planning Department has not received any letters of comment from the public in favor or opposition to the project. Any comments received prior to the time of the scheduled City Council meeting will be provided to the Council at the time of the public hearing. Proof of publication is included as Attachment C to this staff report.

Planning Commission:

The Beaumont Municipal Code Section 17.02.080.E authorizes the Planning Commission to recommend to the City Council approval, approval with modifications, or denial of the proposed application. The amended nonconforming language was presented to the Planning Commission during a public hearing on August 23, 2023. The Planning Commission by a vote of 3-0 is recommending approval of the amendments to Nonconforming Uses Chapter 17.08 of the Beaumont Municipal Code.

City Council Authority:

The Beaumont Municipal Code Section 17.02.080.G states that upon receipt of a Planning Commission resolution recommendation for approval of a change of zone or zoning ordinance amendment, or denial of a zoning ordinance text amendment, the City Clerk shall set the matter for hearing before the City. At the hearing, the City Council shall review the Commission's recommendation and receive evidence as to how or why the proposed change of zone or zoning ordinance text amendment is consistent with the objectives of this Zoning Ordinance, the City of Beaumont General Plan, and development policies of the City. The City Council shall act to approve or deny the application by resolution.

Findings:

The Beaumont Municipal Code Section 17.02.080.1 requires the City Council to make the following findings of fact before approving a change of zone or zoning ordinance text amendment:

1. That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan.

The proposed modification to the ordinance is consistent with the goals, policies, and objectives of the General Plan. The proposed amendment will further assist the City in realizing the vision for the Downtown that is included in the 2040 General Plan as Chapter 11.

2. That the proposed change of zone or zoning ordinance text amendment will not adversely affect surrounding properties.

The proposed zoning ordinance text amendment will not adversely affect surrounding properties as it will discourage the use of nonconforming uses and structures.

3. That the proposed change of zone or zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Zoning Ordinance.

The proposed zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of the Zoning Ordinance.

The reduction in the time that a nonconforming use or structure can retain the pre-existing status will further assist the City in implementing the 2040 General Plan.

Fiscal Impact:

The cost to prepare this staff report is approximately $500.00.

Recommended Action:

Hold a Public Hearing; and
Waive the first full reading and adopt by title only, "An Ordinance of the City Council of the City of Beaumont Amending Beaumont Municipal Code Chapter 17.08 "Nonconforming Uses".

Attachments:

A. Draft Ordinance
B. Redlined Draft of Municipal Code Chapter 17.08 "Nonconforming Uses" C. Proof of Publication

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAUMONT, CALIFORNIA,
AMENDING CHAPTER 17.08 "NONCONFORMING USES", OF THE BEAUMONT MUNICIPAL CODE.

WHEREAS, the City Council desires to amend the Nonconforming Uses section of the Beaumont Municipal Code to clarify language and reduce the period of time in which a nonconforming use or structure losses nonconforming status in order to promote public health, safety and welfare while providing tools to further implement the 2040 General Plan and the vision for the Downtown; and
WHEREAS, the City has proposed to amend Chapter 17.08 "Nonconforming Use" to establish consistent standards for nonconforming uses and structures in the Beaumont Municipal Code; and
WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the Planning Commission on August 23, 2023; and
WHEREAS, the Planning Commission recommends that the City Council approve the proposed amendments to the Municipal Code Chapters; and WHEREAS, following the Planning Commission's recommendation, the City Council has approved the amendment to Chapter 17.08 "Nonconforming Use" to establish consistent standards for nonconforming uses and structures in the Beaumont Municipal Code; and WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the City Council on September 5, 2023; and
WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above;

THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The City Council hereby finds that the amendment to Chapter 17.08 "Nonconforming Uses" to establish consistent standards for nonconforming uses and structures in the Beaumont Municipal Code, is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont.

SECTION 2: The amendment of Chapter 17.08.060 "Nonconforming Uses", attached hereto as Exhibit "A", is hereby approved.

SECTION 3: The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed amendments constitute a minor alteration in a land

use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers..

SECTION 4: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City.

MOVED AND PASSED upon first reading this 5th day of September, 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MOVED, PASSED AND ADOPTED this 19th day of September, 2023, upon second reading by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Julio Martinez, Mayor
Attest:

Nicole Wheelwright, Deputy City Clerk
Approved as to form:

John O. Pinkney, City Attorney

TITLE 17 - ZONING
Chapter 17.08 NONCONFORMING USES
Chapter 17.08 NONCONFORMING USES

17.08.010 Purpose and authority.

This chapter establishes uniform provisions for the regulation of legal nonconforming structures, legal land uses and lots. Within the zoning districts established by title, there exist structures, land uses and lots that were lawful prior to the adoption, or amendment of this development code, but which would be prohibited, or regulated or restricted differently under the terms of this development code or future amendments. It is the intent of this development code to discourage the long-term continuance of these nonconformities, but to permit them to exist under limited conditions.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)

17.08.020 Applicability.

This Chapter applies to all zone districts and to any parcels or structures in the City Beaumont that are nonconforming.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)

17.08.030 Restrictions regarding nonconforming structures and uses.

Nonconformities may be continued subject to the following provisions, except as otherwise provided by this Section 17.08.

A. Nonconforming Uses of Land. A legal nonconforming use of land or within a structure may be continued, transferred or sold, provided that the use shall not be:

1. Enlarged or increased including adding accessory structures and/or improvements; and

2. Be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use, except when the review authority finds that the modification provides a public safety benefit (e.g., safer traffic flow) and the modification is otherwise consistent with this Chapter; and

3. No additional uses shall be established on the site unless the nonconforming use is first discontinued, and any replacement use shall comply with all applicable provisions of this development code.

B. Nonconforming Structures. A legal nonconforming structure may continue to be used as follows:

1. Additions to Structures that are 25 percent or Less of the Total Floor Area Excluding Garages. An enlargement, extension, reconstruction or structural alteration of a structure that is nonconforming and does not exceed 25 percent of the existing total floor area, excluding garages, may be allowed if the additions or improvements conform to all other applicable provisions of the development code, and the exterior limits of the new construction do not exceed the applicable height limit or encroach any further into the setbacks than the comparable portions of the existing building. If the nonconforming structure is in a residential zone, the applicant shall provide a certified notification letter to any applicable homeowner association and all adjacent property owners 14 days in advance of approval of a zoning clearance. This Beaumont, California, Code of Ordinances
(Supp. No. 7, Update 3)
Created: 2023-05-25 08:14:34 [EST]

provision can only be used once per structure every five years. Any additional changes to structure which exceedsexceed a total of 25 percent within five y ars from the issuance of a building permit may be allowed w+t subject to approval of a conditional use permit approval.

2. Additions to Structures that are Greater Than 25 Percent of Total Floor Area Excluding Garages.

The enlargement, extension, reconstruction or structural alteration of a structure that is nonconforming and which exceeds 25 percent of the existing total floor area, excluding garages, may be allowed with subject to approval of a conditional use permit approval if the additions or improvements conform to all other applicable provisions of the development code and the exterior limits of the new construction do not exceed the applicable height limit or encroach any further into the setbacks than the comparable portions of the existing building. The applicant must provide a certified notification letter to any applicable homeowner association required application, submittal requirements, and fees -prior to scheduling a public hearing.

3. Maintenance and Repair. A nonconforming structure may undergo normal maintenance and repairs, provided no structural alterations are made (exception: see subsection 4, following), and the work does not exceed 15 percent of the appraised value of the structure as shown in the Riverside County assessor's records in any one year period, unless the commission allows more extensive work through conditional use permit approval after finding that the additional work will not prolong the duration of the nonconforming use; and

4. Seismic Retrofitting. Reconstruction required to reinforce un-reinforced masonry structures shall be permitted without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards.

C. Nonconforming Use of a Conforming Structure. The legal nonconforming use of a building that otherwise conforms with all applicable provisions of this chapter may be continued, transferred and sold, as follows:

1. Expansion of Use. The nonconforming use of a portion of a structure may be extended throughout the building with -subject to approval of a conditional use permit approval.

2. Substitution of Use. The nonconforming use of a structure may be changed to a use of the same or more restricted nature, with conditional use permit approval.

D. Destroyed Structure. The reconstruction of a structure damaged by fire or calamity, which at the time was devoted to a nonconforming use may be authorized by thesubject to approval of a conditional use permit approval, provided that reconstruction shall occur within 12 months after the date of the damage, a the reconstructed building shall have no greater floor area than the one destroyed and if the improvements conform to all other applicable provisions of the development code and the exterior limits of the new construction do not exceed the applicable height limit or encroach into the setbacks. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)

17.08.040 Loss of nonconforming status.

If a legal nonconforming use of land or a legal nonconforming use of a conforming structure is discontinued for a continuous period of one y arsix months, it shall be presumed that the use has been abandoned. If a legal nonconforming use of land or a legal nonconforming use of a conforming structure becomes a public nuisance, its use may be abated subject to applicable due process requirements. Without further action by the City, further use of the site or structure shall comply with all the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
Created: 2023-05-25 08:14:34 [EST]
(Supp. No. 7, Update 3)

17.08.050 Nonconforming Tots.

A nonconforming lot of record that does not comply with the access, area or width requirements of this development code for the Zone District in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following.

A. Approved Subdivision. The lot was created through a subdivision approved by the County of Riverside or the City of Beaumont.

B. Individual Lot Legally Created by Deed. The lot is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the zoning amendment that made the parcel nonconforming.

C. Variance or Lot Line Adjustment. The lot was approved through the variance procedure or resulted from a lot line adjustment.

D. Partial Government Acquisition. The lot was created in conformity with the provisions of this development code, but was made nonconforming when a portion of the lot was acquired by a governmental entity so that the lot size is decreased not more than 20 percent and the yard facing any road was decreased not more than 50 percent.

E. Where structures have been erected on a nonconforming lot, the area where structures are located shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Zoning Ordinance, or in any way that makes the use of the parcel more nonconforming.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)

17.08.060 Reserved.

Created: 2023-05-25 08:14:34 [EST]
(Supp. No. 7, Update 3)

THE PRESS -ENTERPRISE
KEEI' YOUR EYES O., THE 'PRISI?
Signature
The Press -Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Publication: The Press -Enterprise

PROOF OF PUBLICATION OF
Ad Desc: 0011617909
FILE NO. 0011617909

PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above -
entitled matter. I am an authorized
representative of THE PRESS -
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
0811112023
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Date: August 11, 2023.

At: Riverside, California

LEGAL ADVERTISEMENT
NOTICE IS HEREBY GIVEN, that the Clty of Beaumont will conduct public hearings to consider the matters described below. The Planning Commission's public hearing will be held at 6:00 p.m. on Wednesday, August 23, 2023, and the Clty Council's public hearing will be held at 6:00 p.m. on Tuesday, September 5, 2023, at 550 East Sixth Street, Beaumont, California.

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF BEAUMONT, CALIFORNIA
AMENDING CHAPTER 17.08 "NONCONFORMING USES"
OF THE BEAUMONT MUNICIPAL CODE.

AND

AN ORDIANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.03.060 "RESIDENTIAL,
SINGLE-FAMILY ZONE", CHAPTER 17.06.065 "RESIDENTIAL,
TRADITIONAL NEIGHBORHOOD", CHAPTER 17.09.040 "DOWNTOWN
MIXED USE ZONE", CHAPTER 17.19.060 "SIXTH STREET MIXED
USE ZONE", AND CHAPTER 17.19.070 "SIXTH STREET MIXED
USE RESIDENTIAL ZONE" TO ESTABLISH OBJECTIVE DESIGN
GUIDELINES IN THE BEAUMONT MUNICIPAL CODE.

Public comments can be made in person, using the public comment phone line or by written email. Phone-in comments will be accepted by calling the designated public comment phone line (951) 922- 4845 prior to the corresponding item. Public comments shall not exceed three minutes unless otherwise authorized by Clty Council.

Written comments can be emalled to [email protected] Public comments accepted via email will be read aloud during the corresponding item of the meeting. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item.

This meeting will be conducted in person and also and will be recorded for live streaming. All Clty of Beaumont public meetings will be made available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access: BeaumontCa.gov/Llvestream Carole Kendrick
Planning Manager
ckendrlck a beaurnontca.gov
The Press- nterprise
Published: 8/11/23
Nonconforming & ODS (5209298) - Page 1 of 1

BEAUMONT
- C !� 1 1 0 R N A
Staff Report
TO: City Council
FROM: Carole Kendrick, Planning Manager
DATE September 5, 2023
SUBJECT: Code Amendment to Several Sections within Chapter 17 of the Beaumont Municipal Code to Establish Objective Design Standards
Description Presentation of the Public Hearing Draft of the Objective Design Standards and Ordinance Amendment to modify amend Chapter 17.03.060 "Residential, Single -Family Zone", Chapter 17.06.065 "Residential, Traditional Neighborhood", Chapter 17.09.040 "Downtown Mixed Use Zone", Chapter 17.19.060 "Sixth Street Mixed Use Zone", and Chapter 17.19.070 "Sixth Street Mixed Use Residential Zone" to establish Objective Design Standards in the Beaumont Municipal Code.

Background and Analysis:

This item was advertised concurrently for Planning Commission and City Council, with a hearing date before the City Council of September 5, 2023. Staff is requesting City Council continue the proposed code amendments to Chapter 17 of the Beaumont Municipal Code to establish Objective Design Guidelines to the September 19, 2023, due to scheduling conflicts.

Fiscal Impact:

The cost to prepare this staff report is approximately $75.00.

Recommended Action:

Continue the Code Amendments to Chapter 17 of the Beaumont Municipal Code to Establish Objective Design Standards to the September 19, 2023, City Council meeting without discussion.

BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE September 5, 2023
SUBJECT: Discussion and Direction to Staff on Proposed Amendments to Beaumont Municipal Code Section 17.07 — Signs and Section 8.50 Outdoor Lighting.

Description Review of Beaumont Municipal Code Section 17.07 — Signs for compliance with recent case law pertaining to non-commercial signage and other proposed changes.

Background and Analysis:

This is a continued discussion from July 18, 2023 and April 4, 2023, where the City Council directed staff to further research and make specific changes to the proposed amendment of Municipal Code Section 17.07 — Signs. The proposed amendments to non-commercial signage are necessary for compliance based on recent case law.

Other proposed changes include updating the objectives, definitions, manufacturing and commercial standards, sign program and language related to electronic billboards.

Previous City Council Action:

On July 20, 2021, based on the directives of the Supreme Court, City Staff provided to City Council background on the U.S. Supreme Court holding in Reed v. Town of Gilbert and its impact on sign ordinances. In coordination with the City Attorney, City Staff drafted proposed changes to Municipal Code Section 17.07 — Signs to amend the regulations to comply with the U.S. Supreme Court case.

At that meeting, City Council provided further direction to City staff to make edits on proposed changes to Section 17.07 and bring it back for review. Specifically, it believed the 45 days for political signs was insufficient during election time. It also requested consideration of certain modifications to the placement requirements in the right-of-way.

On April 4, 2023, City Council discussed the proposed changes to non-commercial signs within the municipal code and provided direction to staff. The changes included clarifying existing regulations and practices, removing unnecessary definitions or types

of signs, and expanding the definition section of the document to assist with code interpretations.

On July 18, 2023, additional discussion was held and direction provided to staff related to several sections of the sign code including non-commercial signs, electronic signs and commercial signage. This is reflected in the attached redline version of the sign code. Also included in the attachments are proposed amendments to the Outdoor Lighting section of the code to be reflective of and consistent with the proposed changes in the sign code.

Fiscal Impact:

Staff estimates the cost of preparing this staff report to be $2,000 Recommended Action:

Hold a discussion and provide direction to staff on proposed changes to Municipal Code Section 17.07 -Signs.

Attachments:

A. Proposed Sign Code (Clean Version)
B. Current Sign Code with Redlines
C. Proposed Outdoor Lighting code changes

Chapter 17.07 - SIGNS

17.07.010 - Purpose, needs, and goal interest served.

It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program.

A. Recognition of Needs; Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signage is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image that the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and signage. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop.

B. Interests Served. The City enacts this Chapter to serve many important governmental, City and community interests, which include but are not limited to: community aesthetics and the promotion of the visual appeal of the City, promotion of economic activity, and the promotion of safety for motorists and pedestrians.

C. Authority. The City enacts this Chapter pursuant to the authority granted by the State Legislature and codified as Government Code section 65850, and federal laws, including such provisions requiring the display of specified signs or information.

17.07.020 - Objectives.

The objectives of this section chapter are:

1. To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment;

2. To encourage signs which are well designed and pleasing in appearance;

3. To preclude potential traffic and safety hazards through good signing;

4. To regulate signs in a manner consistent with the General Plan;

5. To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution; and

6. Recognize that commercial and residential areas within the City have different regulatory needs due to their inherent characteristics and may require different sign regulations based on the respective land uses, and that aesthetic impacts based on sign size, illumination, and placement may create a greater public nuisance in residential neighborhood areas than in commercial areas.

17.07.030 - Basic policies
The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary.

A. Enforcement Authority. The Community Development Director is authorized and directed to enforce the provisions of this Chapter. The Director may designate one or more representatives of the department to implement the provisions of this Chapter.

B. Permits When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting, 1

either pursuant to this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law.

C. Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs.

Notwithstanding the remaining sections in this Chapter, this Chapter shall in all instances be administered and enforced to be consistent with the law established by the Supreme Court in Reed v. Town of Gilbert (2015) 576 U.S. 155. The Director is authorized to grant administrative variances as necessary to ensure that this chapter is administered in a manner consistent with Reed v. Town of Gilbert. Furthermore, no enforcement of this Chapter shall occur without the Director's review and approval that such enforcement would not be impermissibly content based and would be consistent with federal and state constitutions and laws.

D. Message Substitution Policy. Subject to the landowner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted and maintained.

E. Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.

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

G. Billboard Policy.

1. Prohibition: The City Council finds that the City already has a sufficient number of Billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional Billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any Billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted, except for the relocation of existing Billboards pursuant to this section

2. Relocated Billboards: Notwithstanding any other provision of this chapter, upon entry into a relocation agreement with the City in accordance with California Business and Professions Code Section 5412, the owner of an existing Billboard within the City may convert a static copy Billboard to an electronic Billboard, subject to approval of a permit application pursuant to Section 17.07.060 and 2

subject to the requirements of Chapter 8.50 (Outdoor Lighting) of the Beaumont Municipal Code. Such agreements may be approved by resolution of the City Council upon terms that are agreeable to the City, pursuant to administrative guidelines, as adopted by a City Council resolution. The execution of a relocation agreement shall not operate to change the status of any Billboard as a nonconforming use for the purpose of this code.

H. Mixed or Multiple Use Zones. In any zone where both residential and non-residential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows:
residential uses shall be treated as if they were located in the residential zone where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.

Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is constructed, mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

J. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and run with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign -related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter unless stricter than this Chapter), or the ownership of sign structures.

K. Preservation of Existing Rights and Duties. This Chapter does not abrogate or supersede any easements, covenants, or other existing agreements that are more restrictive than the provisions of this Chapter.

L. Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other non -communicative aspects of signs, but may not override or modify any of these basic policies unless stricter than these basic policies. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted.

M. Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted this Chapter even without any portion, which may be held invalid or unenforceable.

17.07.040 - Categorization of signs.

For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories:

A. Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement.

B. Banner Sign. A fabric or fabric -like material on which an advertising message is painted or otherwise affixed.
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C. Billboard Sign or Billboard. A permanent sign structure used for the display of offsite commercial messages, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any Billboard Sign may be replaced with noncommercial copy.

D. Commercial Sign. A sign displayed for the purpose of identifying a commercial message, or advertising a service, product, business or venture that is offered for trade or sale which can be located onsite or offsite.

E. Directional Sign, on -site. A sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs).

F. Electronic Message Center Sign. A sign with the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign.

G. Flag Sign. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, organizations, or specific business activities.

H. Flashing Sign. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial messages.

Freestanding Sign. A permanent sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.

J. Identification Sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.

K. Identification Sign (Residential). A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.

L. Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

M. Monument Sign. A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view.

N. Noncommercial Sign. A sign that is displayed for the purpose of identifying a noncommercial message. The sign does not do any of the following: (1) advertise a product, business or service for profit and/or a business purpose; or (2) relate solely to economic interests. Noncommercial signs are not considered either off -site or on -site signs.

O. Off -site Sign. A sign related in its subject matter to some premises or lot other than the premises or lot on which the sign is located.

P. On -site Sign. A sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises.

Q. Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby.

R. Permanent Sign. A stationary sign permanently attached to the ground or to a structure. 4

S. Pole or Pylon Sign. A sign with an overall height exceeding six (6) feet and supported by one or more poles or pylons attached directly into or upon the ground.

T. Portable Sign. A temporary sign designed and constructed so as to be easily moved. Such signs are usually not secured to a building or anchored to the ground. Common types include "A" frame signs, sandwich board signs, and sidewalk signs.

U. Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.

V. Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent or exchange. The advertising contained on a real estate sign shall be limited to the following information: (1) that the property is for sale, lease, rent or exchange by the owner or his or her agent; (2) the property is in escrow or there is an "open house"; (3) directions to the property; and (4) the owner's or agent's name, address and telephone number.

W. Revolving Sign. A sign or a portion thereof, which rotates or revolves.

X. Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure.

Y. Temporary Sign. A sign structure or device used for the display of messages or images, which is easily installed and removed and which is not intended or suitable for long-term or permanent display due the sign construction, materials, placement, or installation.

Temporary signs shall include noncommercial signs, real estate signs, yard or garage sale signs, construction signs, on -site temporary window signs displaying a commercial message, future tenant identification signs, commercial flags and banners for real estate sales and leasing, commercial flags on commercial, industrial, or agricultural properties, signs supported by and affixed to the ground by a wire frame or special event signs. Any sign not covered by this definition is a permanent sign and must comply with the applicable permanent sign regulations.

Z. Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location.

AA. Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall.

BB. Window Sign. A temporary sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building.

17.07.050 - Definitions.

For purposes of this Chapter, the following words and phrases have the meanings stated in this section.

A. Administrator. Same as Director.

B. Advertise. Describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance.

C. Area of Sign. The area of a sign shall be calculated by multiplying the width by the length of the sign face. In the case of a two-sided sign, the area shall be computed as including only the largest single sign face. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign.

D. Commercial Complex. Any group of three or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by common access or common parking, or a large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage.
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E. Commercial message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction.

Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies only to commercial messages.

F. Copy. Graphic content of a sign surface designed to allow the changing of copy through manual, mechanical, or electrical means.

G. Development. A building or buildings wherein two or more separate independently owned or operated establishments are located.

H. Director. The City's Community Development Director.

Establishment. Any non-residential use of land involving permanent structures or buildings.

J. Face of Building. The wall of a building, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases of decorations, but including any required parapet wall.

K. Frontage. The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, railroad or freeway.

L. Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the parcel shall be determined by the measurement of the larger or largest frontage on a public street.

M. Height of a sign. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially alter the height of a sign.

N. Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area.

O. Landscaped Planter. An area specifically designated for plant materials that may be at, below or above grade.

P. Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street.

Q. Noncommercial message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message. The onsite/offsite distinction applies only to commercial messages.

R. Office Complex. Any group of three or more office uses on a parcel or combination of parcels that are generally served either by common access or common parking.

S. Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact. Each commercial complex or shopping center shall be allowed to designate only one primary street frontage subject to approval of the Planning Department. Where no single street frontage can be identified as the primary street frontage, or in cases of dispute as to which street frontage is the primary street frontage, the Planning Director shall designate the primary street frontage in conjunction with the review of proposed signs.

T. Relocated Billboard. An existing Billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static Billboard face with an electronic message center. The relocated Billboard is not considered a new Billboard.

U. Secondary Street Frontage. A street frontage other than a primary street frontage.

V. Shopping Center. Same as commercial complex.
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W. Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Chapter:
a. Interior signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal; b. Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);
c. Symbols embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal;
d. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots);
e. Manufacturers' marks: Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;
f. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter;
Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City; h. Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, commercial and noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;
g.
j.

Gravestones or grave markers; and
News racks and newsstands.

X. Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.

Y. Uniform Sign Program. A detailed set of plans, specification and other information for signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses accompanied by drawings to scale as set forth in Section 17.07.060 C.

Z. Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six inches apart.

17.07.060 - Administration, permits, and appeals.

A. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances.
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B. Permit —Method of Application. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department.

The application shall be accompanied by any fees or bonds as specified by City Council resolution.

C. Permit Application —Contents. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including:

1. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan.

2. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building.

3. Structural and electrical plans, details and calculations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five (5) square feet and the height of the sign exceeds six (6) feet.

4. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite.

D. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 30 working days. Unless the applicant waives time, failure of the Director to issue a written decision within 30 working days shall constitute denial of the application.

Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign.

E. Appeals. All sign permit applications shall be initially reviewed by the Director. When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agenizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision.

F. Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8.
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G. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial.

H. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or conditions of any permit, after written notice of noncompliance and at least 15 days opportunity to cure.

Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation.

J. Interpretation of Provisions. Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpretations are to be made in light of the Basic Policies section (17.07.030) of this Chapter.

K. Variances. Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; however, variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite/offsite distinction for commercial messages).

L. Uniform Sign Program. All applications for approval of signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by plans as set forth in Section 17.07.060 C.

M. Motorists' Line of Sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Community Development Director.

N. Program Approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compliance with the requirements of this Chapter. No sign shall be installed which does not conform to the approved Uniform Sign Program.

17.07.070 - General provisions.

A. Interpretation.

1. This chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message.

2. Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign owner, or otherwise, shall also be interpreted to allow noncommercial messages on the sign.

3. No part of this chapter may be construed to favor commercial messages over noncommercial messages.

4. To the extent any provision of this chapter is ambiguous, the terms shall be interpreted not to regulate on the basis of the content of the message.

B. Signs Exempt from Sign Permits. Subject to the qualifications and conditions stated in this section, the following signs are exempt from the application, permit and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from uniform code permitting on Title 15, including but not limited to building, electrical, plumbing and grading permits.
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1. Permanent window signs not exceeding four (4) square feet and limited to business identification, hours of operation, address and emergency information only.

2. Commercial temporary signs used to direct persons to open houses and real estate sales as provided in Section 17.07.080.6(1).

3. Commercial temporary signs for construction or remodeling sites as provided in Section 17.07.080.6(4).

4. Commercial temporary signs for future tenant identification as provided in Section

17.07.080.6(5).

5. Directional signs, on -site, not to exceed three (3) square feet in sign area.

6. Residential building identification signs used to identify individual residences and not exceeding two (2) square feet.

7. Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice.

8. Directional, warning, identification, or informational signs or structures required or authorized by law or by federal, State, County or City authority.

9. Temporary Commercial flags on commercial, industrial, or agricultural properties as provided in Section 17.07.080.6(7).

10. Signs of public utility companies, indicating danger or which serve as an aid to public safety or which show location of underground facilities or public telephones.

11. Safety signs on construction sites.

12. Temporary Signs with noncommercial messages, except for special event signs as provided in Section 17.07.080.A.

13. On -site temporary window signs for any establishment displaying a commercial message in a commercial zone, and for commercial uses in industrial or industrial/business park zones when approved as part of a Uniform Sign Program as provided in Section 17.07.080.6(2).

14. Paper signs and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look.

15. Temporary signs with a commercial message for garage or yard sale signs are allowed without permit as provided in Section 17.07.080.6(3).

16. Commercial flags and banners in conjunction with approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office as provided in Section 17.07.80.6(6).

17. Signs on the public right -of way as provided in Section 17.07.090(E).

C. Prohibited Signs. The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemption from the permit requirement.

1. Roof signs;

2. Flashing signs, except time and temperature signs;

3. Animated signs;

4. Revolving signs;

5. Portable signs;

6. Off -site commercial signs on permanent structures;
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7. Signs blocking doors or fire escapes;

8. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots;

9. Banners, flags, pennants and balloons, except as allowed under subsection B above

10. Inflatable signs or signs designed to be air activated, floated or flown, including balloons used for commercial advertising purposes, kites or other serial signs that are made of any electrically conducive material;

11. Signs, posters and advertisements attached to utility poles;

12. Exposed raceways; and

13. Billboards, except for relocated Billboards. See 17.07.030(G).

D. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be issued a permit by the Director if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building.

E. Signs Related to Inoperative Establishments. Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 45 days after the premises has been vacated or the use abandoned. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Chapter.

F. Enforcement, Penalties and Abatement.

1. Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected.

2. Violation of any of the provisions of this section shall constitute a nuisance and a Zoning ordinance violation.

3. Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.

4. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction of the sign and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.

5. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows:

A. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section.

B. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with 11

the Planning Department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the legal basis as to why the sign should not be removed and destroyed.

C. If a request for hearing is filed under subsection b, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this Chapter, the decision of the Planning Commission shall become final ten days after mailing.

D. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right- of-way. The written decision of the City Council shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter.

The decision of the City Council becomes final ten days after mailing.

E. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign within the public right-of-way, the City may remove and destroy the sign.

F. Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section.

G. Construction and Maintenance of Signs.

1. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal, and city laws and regulations, including but not limited to the permitting requirements contained in Title 15 relating to Buildings and Construction.

2. Every sign and all parts, portions and materials shall be maintained and kept in a first-class condition. The display surface of all signs shall be kept clean, neatly painted and free from rust, corrosion and graffiti. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within 30 days following notification by the City. Noncompliance with such a request will constitute a zoning violation and may be enforced as such by the city.

17.07.080 — Temporary Signs.

The following temporary signs are allowed:
12

A. Noncommercial Temporary Signs. Noncommercial temporary signs are not considered either on -site and off -site and are subject to the following regulations:

NONCOMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Signs in Residential Zones, Legal Residential Uses, Commercial or Industrial Zones, and on Legal Commercial or Industrial Uses on Land One -Half (1/2) Acre or Less Sign Quantity:

Not Limited
Maximum Size of Any One Side
(measured one side only):
10 square feet
Maximum Area of All Signs Combined:
20 square feet
Maximum Height:
6 feet
Placement:

At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations:

Period not to exceed 60 days. Any time a
temporary noncommercial sign is removed, it shall
not be replaced by the same or other temporary
sign for a period of not less than 90 consecutive
days.

Sign Permit Required:

No
Signs in Commercial or Industrial Zones and on Legal Commercial or Industrial Uses on Land Over One -Half (1/2) Acre
Sign Quantity:

Not limited
Maximum Size of Any One Side
(measured one side only):
16 square feet
Maximum Area of All Signs Combined:
64 square feet
Maximum Height:
8 feet
Placement:

At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations:

Period not to exceed 60 days. Any time a
temporary noncommercial sign is removed, it shall
not be replaced by the same or other temporary
sign for a period of not less than 90 consecutive
days.

Sign Permit Required:

No
13

B. Commercial Temporary Signs. Commercial temporary signs distinguish between on -site and off -site and are subject to the following regulations:

COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
(1) Real Estate Signs for Sale, Lease, or Rent (Signs on Residential Properties) Sign Quantity:
1 sign per parcel or lot
Total Area Per Display Face:

Not to exceed 8 square feet
Total Display Faces:
2 Maximum Height:
5 feet
Setback from Property Line:

At least 5 feet
Time Limitation:

Shall be removed within 15 days of the sale,
rental, or lease of the property
Sign Permit Required:

No
(2) Real Estate Signs for Sale, Lease, or Rent (Signs on Industrial, Commercial or Agricultural Properties)
Sign Quantity:
1 sign per street frontage (Exception: Where a
property has in excess of 600 linear feet of
frontage, one (1) additional sign is permitted for
each 600 linear feet of street frontage)
Total Area Per Display Face:

Not to exceed 32 square feet
Maximum Height:
8 feet
Setback from Property Line:

At least 10 feet
Time Limitation:

Shall be removed within 15 days of the sale,
rental, or lease of the property
Sign Permit Required:

No
(3) On -Site Temporary Window Signs Displaying a Commercial Message (Commercial zone, and for Commercial Uses in Industrial or Industrial/Business Park Zones When Approved as Part of a Uniform Sign Program)
Window Area:
30 percent (on multi -story buildings, only the
windows on the first floor may be counted), but in
no event shall window signs exceed 150 square
feet per street frontage
Placement:

First floor only on multi -story buildings
14

COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Maximum Height:
20 feet in height above finished grade on one-
story buildings
Time Limitation:
45 days
Sign Permit Required:

No
(4) Garage and Yard Sale Signs
Sign Quantity:
3 Maximum Size:
3 square feet
Placement:

Placed on private property, and not in the public
right-of-way or on utility poles
Time Limitation:

Erected on the day of the event as permitted and
removed at sunset of each such day.

Sign Permit Required:

No
(5) Construction Signs
Sign Quantity:
1 sign per project
Zone:

Any district
Maximum Size:
32 square feet (unless a larger sign is required by
another body of law, in which case the smallest
sign conforming to the law shall be used)
Maximum Height:
8 feet
Placement:

Set back from the property line by at least 10 feet
Time Limitation:

Removed at the earliest of issuance of certificate
of occupancy, certificate of completion, or final
inspection check off, or their functional equivalent
or upon abandonment of project.

Sign Permit Required:

No
(6) Future Tenant Identification Signs (Parcels 10 Acres or Less) Sign Quantity:
1 per street frontage
Maximum Area:
32 square feet
15

COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Maximum Height:
8 feet
Placement:

Placed no less than 10 feet from any property line
Time Limitations:

Removed upon completion of project
Sign Permit Required:

No
(7)
Future Tenant Identification Signs (Parcels Greater than 10 Acres) Sign Quantity:
1 sign for every 600 feet of street frontage
Maximum area:
64 square feet per side
Maximum Height:
15 feet
Placement:

Placed no less than 10 feet from any property line;
placed along the freeway at 1,000 -foot intervals,
not to exceed 150 square feet in area per side
and 20 feet in overall height
Time Limitations:

Removed upon completion of project
Sign Permit Required:

No
(8)
Commercial Flags and Banners for Real Estate Sales and Leasing With an Approved Residential Subdivision Sales Office or a Commercial Sales or Leasing Office, or an Industrial Sales or Leasing Office
Sign Quantity:
6 Maximum Size:
15 square feet
Maximum Height:
15 feet
Placement:

Displayed in the immediate vicinity of the
sales/leasing office; not permitted within the public
right-of-way.

Time Limitations:

Flags shall be maintained in good condition; torn
or worn flags shall be replaced
Sign Permit Required:

No
Additional Requirements:

Residential subdivision office: Flags may be
maintained as long as a valid operating permit for
the sales office remains in effect;
16

COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Commercial office or industrial sales or leasing
office: Flags may be maintained until 75 percent
of the spaces have been leased.
(9) Commercial Flags on Commercial, Industrial, or Agricultural Properties (Property Less Than One Acre)
Sign Quantity:
3 Maximum Height:
30 feet
Maximum Area:
60 square feet (measured one side only)
Sign Permit Required:

No
(10) Commercial Flags on Commercial, Industrial, or Agricultural Properties (Property One Acre or Larger)
Sign Quantity:
6 Maximum Height:
30 feet
Maximum Area:
60 square feet (measured one side only)
Sign Permit Required:

No
C. Temporary Signs for Special Events.

1. A special event sign is a sign associated with a single event or series of events that occur on an infrequent or sporadic basis, and takes place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following:
a) Commercial sales, including grand openings and pre- and post -holiday sales;
b) Arts and craft shows, trade shows, antique shows, and other similar events;
c) Carnivals, fairs, festivals, circuses, and similar activities; d) Outdoor shows, concerts, and exhibitions;
e) Community events; and
f) Annual events.

2. Special event signs shall be permitted when they comply with the provisions of this subsection. Applicants for a special event sign shall submit a letter to the director that describes the proposed event by location, area and time duration.

The application shall be processed in the same manner, and subject to the same 17

appellate procedures, as an application for a sign permit. Special event sign permits are subject to the following regulations:

TEMPORARY SIGNS FOR SPECIAL EVENTS
Sign Criteria
Limitation
Sign Quantity:
1 (may be in the form of a banner or pennant)
Maximum Area:
50 square feet in area (measured one side)
Maximum Height:
10 feet
Zone:

Any district
Time Limitation:

Taken down with 7 days of the event
Sign Permit Required:

Yes

17.07.090 - Signs permitted in all zones.

A. Permitted Signs. Generally, sign permits shall be issued for signs included under this section, provided the signs are in compliance with the regulations stated in this section, and all other applicable laws and ordinances.

B. Special Event Signs. See 17.07.080.0 for applicable standards.

C. Permitted Signs —On -site Subdivision Commercial Signs. Onsite subdivisions may display commercial signs which conform to the following:

1. One temporary on -site subdivision commercial sign not to exceed 64 square feet total for two sides or 32 square feet for each side and a total overall height of 15 feet may be permitted on each primary street frontage of the property being subdivided, not to exceed two such signs for all phases of any subdivision (interior streets of the subdivision are not recognized as a main street frontage).

2. Such commercial signs shall be removed within ten (10) days from the date of the final sale of the land and/or residences.

3. Such commercial signs shall be maintained in good repair at all times.

4. A cash deposit of $500.00 per sign shall be deposited with the sign application to ensure compliance with this section and removal of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, then the cost of removal shall be deducted from the deposit.

Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.

D. Permitted Signs —Temporary Subdivision Commercial Directional Signs, On -Site. The following signs may be permitted in any zoning district subject to the provisions listed:

1. A maximum of six (6) signs may be used to lead customers to the site.

2. Commercial signs shall be no larger than 600 square inches and shall be grouped on a two-sided sign structure. The City may, from time to time, develop or amend the design details for this sign structure.
18

3. Such a commercial sign structure shall be located not less than 600 feet from an existing or previously approved sign site. Further, each sign may only contain the name of the subdivision, and a directional arrow.

4. The placement of each commercial sign structure shall be reviewed and approved by the Planning Director, who shall base the decision on non -communicative aspects of the sign.

5. Commercial signs placed on private property shall require the written consent of the property owner, to be filed with the Planning Director prior to issuance of a permit.

6. A sign location plan shall be prepared showing the site of each commercial directional sign, on -site and shall be submitted to the planning department prior to the issuance of a sign permit.

7. Any such commercial sign approved for a particular subdivision within the City shall not be changed to advertise another subdivision.

8. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenance added to the sign as originally approved. Further, no other directional signing may be used, such as posters or trailer signs.

9. All nonconforming subdivision commercial signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit.

10. A $500.00 cash deposit shall be placed with the City to ensure compliance with this subsection. Any sign placed contrary to the provisions of this section may be removed by the City and the cost of removal shall be deducted from the deposit.

Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.

11. The commercial sign(s) may remain on display only until the subdivision is sold out.

E. Signs on the Public Right -of -Way. Signs on the public right-of-way are limited to noncommercial messages. Temporary noncommercial signs may be displayed for a period not to exceed 60 days. Any time a temporary noncommercial sign is removed in the public right-of-way, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days.

Signs shall be placed a minimum of three (3) feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic; no signs shall be placed in lawn areas, parks, medians, civic center, CRC, or other government buildings; signs shall not be attached to fences, traffic control posts, utility poles, or bus shelters; no signs shall be placed in grassy areas that are to be mowed or landscaped. Signs shall only be placed in areas identified in the map below. 19

Streets
1st Street
2nd Street
6th Street
Beaumont Ave
Desert Lawn
Highland Springs
Oak Valley Pkwy
Palm Ave
Loma Linda University, UC Riverside, County of Riverside, California State P ks, TI/NASA USGS. Bur of
Esn, HERE, Garmin, SafeGraph. GeoTechnologies, Inc, ME
Land Management. EPA, NPS, USDA Esrl, NASA. NGA USGS, MA 20

17.07.100 - Signs in recreation, open space, residential and agricultural zones.

A. R -C (Recreation -Conservation) Zone. Signs in the R -C Zone shall be limited to commercial temporary signs in accordance with Section 17.07.080.6(1) of this Chapter and the following signs for commercial recreation uses, subject to approval of a Uniform Sign Program as described in Section 17.07.060.L.

1. One Monument Sign for each street frontage, limited to five (5) feet in height and 32 square feet in size.

2. Building mounted signage not exceeding ten (10) percent for any building wall.

B. Residential Zones. The following signs shall be permitted in residential zoning districts:

1. Single -Family Residential Zone (R -SF). Commercial temporary signs and identification signs in accordance with Section 17.07.080.B(1), and noncommercial temporary signs per Section 17.07.080.A.

2. Multi -Family Residential Zone (R-MF).
a. Commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter.
b. A maximum of two signs indicating the name of the multiple -family dwelling, apartment or dwelling group shall be permitted. Such signs may include Monument Signs not exceeding six (6) feet in height and/or wall - mounted signs. The total area of each sign shall not exceed four (4) square feet for less than 12 units, or 12 square feet for 12 or more units. Signs attached to the wall of the building shall not extend above the roof or eave line. Such sign may project 12 inches maximum from the building face.

Identification signs may be illuminated, either internally or externally; provided, that all lights are directed away from public rights -of -way and adjacent properties.
c. An illuminated directory sign shall be provided at each entrance of all multi- family complexes with more than 12 dwelling units. Directory signs shall provide a diagrammatic representation of the complex in accordance with the requirements of the Fire Department
d. Noncommercial temporary signs per Section 17.07.080.A of this Chapter.

C. Rural Residential (R -R) Zone.

1. Commercial temporary signs and identification signs in accordance with Section

17.07.080.6(1) of this Chapter.

2. Signs for produce sales, subject to approval of a Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter.

3. Noncommercial temporary signs per Section 17.07.080.A of this Chapter.

D. Traditional Neighborhood Residential (R -TN) Zone. The R -SF Zone sign standards shall apply to single-family dwellings, and the R-MF Zone sign standards shall apply to multiple - family dwellings.

17.07.105 - Signs in urban village zone.

A. Urban Village Zone. The R-MF Zone sign standards shall apply to multiple -family dwellings, and commercial zone sign standards (Section 17.07.120) shall apply to commercial uses.

17.07.110 - Signs in manufacturing zones, industrial complexes and business parks.
21

B. (Manufacturing) M Zone, Industrial complexes and business parks.

1. Permitted Signs. The following signs are specifically permitted for manufacturing zones, industrial complexes and business parks subject to the approval of a Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter:
a. Wall Signs. One (1) wall sign is permitted for each wall face of the establishment, up to a maximum of four (4) wall signs. If said signs display commercial images or messages, they shall qualify as "onsite" commercial messages. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or buildings primary frontage. In no event shall the area of any one wall sign exceed 100 square feet. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. b. Monument Signs. One (1) Monument Sign not to exceed 30 square feet in sign area may be permitted. The Monument Sign structure shall not exceed six (6) feet in height. Additional Monument Signs may be permitted on parcels having more than one (1) frontage if the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. c. Pylon Sign. One pylon sign not to exceed 100 square feet in sign area will be permitted to identify separate business or uses in the industrial complex. The pylon sign structure shall not exceed 20 feet in height. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right- of-way, sidewalk or driveway.
d. Commercial Directional Signs, On -Site. A maximum of two (2) on -site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.

17.07.120 - Signs in commercial zones.

The standards and provisions contained in this section shall be applicable to the Commercial Neighborhood (C -N) and Community Commercial (C -C) zones.

A. Permitted signs in the C -N and C -C Zones within a commercial complex shall include:

1. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If used to display a commercial message, the sign must qualify as on -site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. If the sign contains a logo, said logo shall be a maximum of 36 inches in height. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.

2. Monument Signs: One (1) Monument Sign not to exceed 30 square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex. The Monument Sign structure shall not exceed six (6) feet in height. Additional Monument Signs may be permitted on parcels having more than one (1) frontage and the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet. 22

Monument signs shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway.

3. Pylon Signs: One (1) pylon sign not to exceed 100 square feet in sign area will be permitted to identify a separate business or uses in the commercial complex. The pylon sign structure shall not exceed 20 feet in height. For each secondary street frontage with at least 300 feet of length, one (1) additional pylon sign may be permitted not to exceed 100 square feet in sign area and shall not exceed 20 feet in height. When such a sign is used to display a commercial message, it must qualify as onsite.
a. Where pylon signs are placed on both major and secondary street frontages, each such sign shall be placed as near to the middle of the street frontage as practical or at a major driveway entrance to the commercial complex from the street frontage.
b. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
c. A maximum of three (3) signs may be used to identify any one establishment pursuant to the criteria outlined in this section.

4. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes.

5. Commercial Directional Signs, On -Site: A maximum of two (2) on -site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height.

6. Window Signs: Window signs conforming to the provisions of Sections

17.07.070.6(1) and (14), and 17.07.080.6(2).

Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage.

B. Permitted signs in the C -N and C -C Zones for uses not part of a commercial complex shall include:

1. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If such sign is used for a commercial message, it must qualify as on -site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.

2. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes.

3. Directional Signs, On -Site: A maximum of two (2) on -site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.

4. Window Signs: Window signs conforming to the provisions of Sections

17.07.070.6(1) and (14), and 17.07.080.6(2).

5. Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage.
23

6. Exceptions: Certain exceptions to the sign standards applicable to commercial uses not located within a commercial complex may be approved by the Planning Commission including the election of freestanding sign(s) when the following findings can be made by the Planning Commission, without consideration of proposed message content (other than the onsite/offsite distinction in the case of commercial messages):
a. The site is subject to limited visibility and additional signing is necessary for a reasonable level of advertising exposure;
b. The type of establishment or the configuration of the site necessitates additional signage.
c. Exceptions shall be processed through the sign permit and minor variance process provided for in the Zoning Ordinance.

C. Freeway -Facing Signs. Permitted in the C -N and C -C Zones subject to the following requirements:

1. The maximum allowable sign face area of any freeway -facing sign for a shopping center or commercial complex which totals more than 250,000 square feet of gross floor area shall be 300 square feet and shall not exceed 60 feet in height. When such display area is used for commercial speech, the copy must qualify as onsite as to the shopping center or commercial complex.

2. The maximum allowable sign face area of any freeway -facing sign for a shopping center or commercial complex which totals less than 250,000 square feet of gross floor area shall be 150 square feet and shall not exceed 60 feet in height.

3. Freeway -facing signs, including freeway -facing electronic message center signs, may only be permitted subject to the approval of a sign permit by the Planning Commission, and if said sign is a Billboard or relocated Billboard, the sign shall be subject to the requirements of section 17.07.030(G). Freeway -facing signs will be permitted when they satisfy all of these criteria:
a. The proposed sign is located upon the property upon which the use identified is located;
b. The proposed sign is located in the vicinity of a freeway interchange and within 300 feet of the freeway right-of-way and 600 feet of the intersecting street right-of-way;
c. The following findings must be made, without consideration of message content of the proposed sign:

The elevation of the freeway in relation to the elevation of the abutting properties justifies the height requested, and is the minimum necessary.
ii. The number and spacing of freeway signs will not cause unnecessary confusion, clutter or other unsightliness in the general location.

The use identified, as well as its type, size and intensity, justifies the size, design and location of the sign requested.
iv. The needs of the traveling public for identification and directional information justifies the sign requested.

D. Automobile Service Station Signs. Automobile service station signs shall be permitted subject to the following requirements:

1. Identification/Price Monument Sign: For each service station, one (1) monument, combination price and identification sign, maximum 30 square feet in size and 24

maximum six (6) feet in overall height shall be permitted, and must include all price advertising as required by State law. Elevated signs may be used subject to approval of the Planning Commission (without consideration of message content) where vision impairments exist, however elevated signs shall be designed with appropriate vision spaces. Such signs shall not exceed 15 feet in overall height.

2. Identification Pylon Sign: For service stations located contiguous to a freeway, where a freeway exit serves the street from which the service station takes direct access, in addition to the identification/price Monument Sign allowed by paragraph (1) above, one (1) pylon sign, maximum 100 square feet in size and 40 feet in overall height, situated so as to be directed toward and permanently viewable from the freeway, shall be permitted.

3. Special Service Signs: Each service station may display two (2) special service signs per pump island. Special service signs shall be limited to such items as self - serve, full serve, air, water, cashier, and shall be non -illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size.

4. Wall Signs: Wall signs for automobile service stations shall be permitted subject to the provisions set forth in Section 17.07.110.A(1) and (6).

5. Commercial Directional Signs, On -Site: Maximum of two (2) on -site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height.

6. Window Signs: Window signs conforming to the provisions of Section

17.07.070.6(1) and (14), and 17.07.080.6(2).

E. Theater Marquee Signs. Theater marquee signs shall be permitted subject to the following requirements:

1. The size of a theater marquee sign shall be determined by the number of screens.

Each screen shall be permitted a maximum of ten (10) square feet for each sign face area. A theater marquee sign may not total more than 100 square feet of sign face area.

2. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, is permitted per street frontage exclusive of freeway; provided, however, that the theater is part of an integrated shopping center.

3. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, shall be permitted for theaters not considered to be part of an integrated shopping center.

4. A maximum of one (1) wall -mounted theater marquee sign shall be permitted at the main entrance to the theater.

F. Electronic Message Center Signs. Electronic message center signs shall be permitted subject to the following requirements:

1. One (1) electronic message center sign may be permitted in a commercial complex with a minimum of 25,000 square feet of floor area. No electronic message center sign shall be located closer than 2,500 feet to another electronic message center sign. A conditional use permit shall be required whereby the Planning Commission will determine the size and height of the sign.

2. Each display shall appear for a period of at least eight (8) seconds. Displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The sign shall remain blank (no message or display) for at least one (1) second between separate images.
25

3. The sign may display only noncommercial messages or onsite commercial messages, related to those establishments that are part of the complex or the merchandise or activities available on the parcels which are part of the commercial complex. The sign shall not be used as a Billboard.

4. The sign shall be reviewed for traffic safety purposes by the City's Public Works Director and shall comply with any and all safety standards as prescribed by the State of California. Such reviews shall not consider message content.

17.07.130 - Sign regulations for specific plan area zone.

A. Permitted Signs in the Specific Plan Area (SPA) Zone —Exempt Signs. The SPA Zone permits a variety of residential and supporting commercial and other supporting land uses.

Signs which may be erected without permits as provided for in Section 17.07.070 of this Chapter are permitted in the SPA Zone consistent with the respective land use.

B. Signs Subject to Permits. Provisions and standards for signs shall be established within a specific plan for land uses contained therein. The specific plan shall establish a project - wide sign program and shall make provisions for the development and review of Uniform Sign Programs consistent with Section 17.07.060.L of this Chapter for each non-residential land use component of the specific plan.

17.07.140 - Sign design standards.

The design standards set forth in this section apply to all signs in the City of Beaumont.

A. Relationship to Other Signs. Where there is more than one (1) Monument Sign located upon a lot, all such signs shall have designs which are well related to each other by the similar treatment or incorporated of not less than four (4) of the following six (6) design elements:

1. Type of construction materials as used in the several sign components (such as cabinet, sign copy, supports);

2. Letter style of sign copy;

3. Illumination;

4. Type or method used for supports, uprights or structure on which sign is supported;

5. Sign cabinet or other configuration of sign area; and

6. Shape of entire sign and its several components.

B. Landscaping. Each Monument Sign shall be located in a planted landscaped area which is of a shape, design and size (equal to at least the sign area) that will provide a compatible setting and ground definition to the sign. The planted landscaped area shall be maintained on a reasonable and regular basis.

C. Illumination and Motion. Monument signs shall be non-moving stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (non -flashing).

D. Sign Color. Sign colors should be compatible with the building architecture. Within shopping centers, sign color should complement the color scheme for the center. 26

Chapter 17.07 - SIGNS

17. 7.010 - Purpose, needs, and goal interest served.

It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program.

A. Recognition of Needs; Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signage is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image that the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and siqnaqe. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop.

B. Interests Served. The City enacts this Chapter to serve many important governmental, City and community interests, which include but are not limited to: community aesthetics and the promotion of the visual appeal of the City, promotion of economic activity, and the promotion of safety for motorists and pedestrians.

C. Authority. The City enacts this Chapter pursuant to the authority granted by the State Legislature and codified as Government Code section 65850, and federal laws, including such provisions requiring the display of specified signs or information.

17.07.020 - Objectives.

The objectives of this section chapter are:

1. To allow for signage which is effective to direct persons to various activities and enterprises, in order to provide for public convenience;

1. 2. To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment;

2. 3. To encourage signs which are well designed and pleasing in appearance; /1. To encourage a desirable urban character which has a minimum of overhead clutter;

5. To enhance the economic value of the community and each area thereof by reasonably limiting the size, number, location, design and illumination of signs;

6. To encourage signs which are compatible with on site and adjacent land uses; community and to enhance important historic elements in such areas;

3. 8. To preclude potential traffic and safety hazards through good signing;

0. To protcct thc general public h alth, safety and welfare of thc community;

4. 10. To regulate signs in a manner consistent with the General Plan; and,

5. 11. To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution,-; and { Ord. No. 1128 , § 2(Exh. B), 12 1 2020)
1

6. Recognize that commercial and residential areas within the City have different regulatory needs due to their inherent characteristics and may require different sign regulations based on the respective land uses, and that aesthetic impacts based on sign size, illumination, and placement may create a greater public nuisance in residential neighborhood areas than in commercial areas.

17.07.030 - Basic policies-
The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary.

A. A. Enforcement Authority. The Community Development Director is authorized and directed to enforce the provisions of this Chapter. The Director may designate one or more representatives of the department to implement the provisions of this Chapter.

B. B. Permits When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting, either pursuant to this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law.

C. C. Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. Notwithstanding the remaining sections in this Chapter, this Chapter shall in all instances be administered and enforced to be consistent with the law established by the Supreme Court in Reed v. Town of Gilbert (2015) 576 U.S. 155. The Director is authorized to grant administrative variances as necessary to ensure that this chapter is administered in a manner consistent with Reed v. Town of Gilbert. Furthermore, no enforcement of this Chapter shall occur without the Director's review and approval that such enforcement would not be impermissibly content based and would be consistent with federal and state constitutions and laws.

D. D. Message Substitution Policy. Subject to the landowner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted and maintained.

E. E. Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy.

Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.

F. F. Rules for Non -Communicative Aspects of Signs. All rules and regulations concerning the non -communicative aspects of signs, such as location, size, height, Created: 2023-05-25 08:14:33 [EST]
(Supp. No. 7, Update 3)

illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

G. G. Billboard Policy.

1. Prohibition: The City Council finds that the City already has a sufficient number of billboardsBillboards to satisfy the community's needs for offsite commercial messages, and that any new or additional billboardsBillboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any billboardsBillboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. This prohibition shall also apply to alterations, enlargements or conversions to digital displays (including changeable image displays that use light emitting diodes or functionally equivalent technologies) of egallyi ex n hillboar- ls The—C»ity adopts fh s nnliGy n rcsLIant—to—California sections 535'1(a) and 5108.3 (both effective January 1, 2003). No permit shall be - issued for any billboard which violates this policy, and the City will take immediate or converted in violation of this policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it wcrc the only provision in this Chapter. The City Council intends for this billboard policy to be severable and by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently Code section 5/112., except for the relocation of existing Billboards pursuant to this section

2. H. Relocated Billboards: Notwithstanding any other provision of this chapter, upon entry into a relocation agreement with the City in accordance with California Business and Professions Code Section 5412, the owner of an existing Billboard within the City may convert a static copy Billboard to an electronic Billboard, subject to approval of a permit application pursuant to Section 17.07.060 and subject to the requirements of Chapter 8.50 (Outdoor Lighting) of the Beaumont Municipal Code. Such agreements may be approved by resolution of the City Council upon terms that are agreeable to the City, pursuant to administrative guidelines, as adopted by a City Council resolution. The execution of a relocation agreement shall not operate to change the status of any Billboard as a nonconforming use for the purpose of this code.

H. Mixed or Multiple Use Zones. In any zone where both residential and non-residential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows:
residential uses shall be treated as if they were located in the residential usczone where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.

I. I. Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is constructed, mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

J. J. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach Created: 2023-05-25 08:14:33 [EST]
(Supp. No. 7, Update 3)

to and travelrun with the land or other property on which a sign is mounted or displayed.

This provision does not modify or affect the law of fixtures, sign -related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter unless stricter than this Chapter), or the ownership of sign structures.

K. K. Preservation of Existing Rights and Duties. This Chapter does not abrogate or supersede any easements, covenants, or other existing agreements that are more restrictive than the provisions of this Chapter.

L. L. Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other non -communicative aspects of signs, but may not override or modify any of these basic policies.- unless stricter than these basic policies. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted.

M. M. Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid, unconstitutional, or unenforceable; by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted thethis Chapter even without any portion, which may be held invalid or unenforceable.
{ Ord. No. 1128 , § 2(Exh. B), 12 1 2020)
_17.07.040 - Categorization of signs.

For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories:

A. A. Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement.

B. Announcement or Bulletin Board Sign. Signs, permanent in character, designed and a similar nature.

C. Awning Sign. A sign painted or printcd on thc exterior surface of and awning. An alternative to a wall sign, permitted as same.

B. D. Banner.Banner Sign. A fabric or fabric -like material on which an advertising message is painted or otherwise affixed.

C. E. Billboard.- Sign or Billboard. A permanent sign structure sign -used for the display of offsite commercial messages. —other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any Billboard Sign may be replaced with noncommercial copy.

F. Construction Sign. A sign mounted on the site of a construction or remodeling project, for beginning with the issuance of thc building permit and ending with thc rlicst of any of the Created: 2023-05-25 08:14:33 [EST]
(Supp. No. 7, Update 3)

of completion final in ection or tho f„nctional o .aloe+ of any of them D. G. Commercial Sign. A sign displayed for the purpose of identifying a commercial message, or advertising a service, product, business or venture that is offered for trade or sale which can be located onsite or offsite.

E. Directional Sign, on -site. A sign that provides directional giving directions, instructions, or facility information for drivers, pedestrians, and travelers. and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs).

F. H. Electronic Message Center Sign. A sign with the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign.

G. l- Flag Sign. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, or -organizations,, or specific business activities.

H. J. Flashing SighsSign. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial purposcsmessages.

K. Freestanding Sign. A permanent sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.

J. Identification Sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.

K. Identification Sign (Residential). A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.

L. Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

M. Monument Sign. A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view.

L. Nameplate. Signs identifying the occupant of the premises, the businesc and/or addresc.

N. M. Noncommercial Sign. A sign that is displayed for the purpose of identifying a noncommercial message. The sign does not do any of the following: (1) advertise a product, business or service for profit and/or a business purpose; or (2) relate solely to economic interests. Noncommercial signs are not considered either off -site or on -site signs.

0. Off -site sigrSign. A sign which advertises or informsrelated in any manner businesses, services, goods, persons or events atits subject matter to some locationpremises or lot other than that uponthe premises or lot on which the sign is located. The onsitc/offsito distinction applies only to commercial messages.

N. Painted sign. A sign painted or mounted on the exterior surface of a building or structure.

P. 0. On site Sign. A sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises.

Created: 2023-05-25 08:14:33 [EST]
(Supp. No. 7, Update 3)

Q. Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby.

R. P. Permanent Sign. A stationary sign permanently attached to the ground or to a structure.

S. Pole or Pylon Sign. A sign with an overall height exceeding six (6) feet and supported by one or more poles or pylons attached directly into or upon the ground.

T. Q. Portable Sign. A temporary sign designed and constructed so as to be easily moved. Such signs are usually not secured to a building or anchored to the ground.

Common types include "A" frame signs, sandwich board signs, and sidewalk signs.

U. R. Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.

S. Projecting Sign. A sign which is suspended from or supported by a building or wall and which projects outward from such building or wall a distance of 12 inches or more. Contrast: wall sigih
T. Real Estate Sign. A sign which displays information regarding an economic exchange of which land or improvements thereon is the subject. Such signs are usually temporary in physical structure and display messages such as "for sale," "for rent," etc. A sign which announces vacancies at hotels, motels, and other places of short term accommodation are not within this definition.

V. U. Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent or exchange. The advertising contained on a real estate sign shall be limited to the following information: (1) that the property is for sale, lease, rent or exchange by the owner or his or her agent; (2) the property is in escrow or there is an "open house"; (3) directions to the property; and (4) the owner's or agent's name, address and telephone number.

W. Revolving Sign. A sign or a portion thereof, which rotates or revolves.

X. V. Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure.

W. Temporary Sign. A sign which, by virtue of its lightweight or flimsy construction, is not suitable for long term display. Common temporary signs include banners, pennant valances, beacons, moving stuffed animals, or advertising displays constructed of cloth, canvas, light fabric, plastic, paper, cardboard, wallboard, wood or other light or similar materials used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, vehicle or other object.

Y. X. Temporary Sign. A sign structure or device used for the display of messages or images, which is easily installed and removed and which is not intended or suitable for long-term or permanent display due the sign construction, materials, placement, or installation. Temporary signs shall include noncommercial signs, real estate signs, yard or garage sale signs, construction signs, on -site temporary window signs displaying a commercial message, future tenant identification signs, commercial flags and banners for real estate sales and leasing, commercial flags on commercial, industrial, or agricultural properties, signs supported by and affixed to the ground by a wire frame or special event signs. Any sign not covered by this definition is a permanent sign and must comply with the applicable permanent sign regulations.

Created: 2023-05-25 08:14:33 [EST]
(Supp. No. 7, Update 3)

Z. Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location.

Y. Vehicle Signs. Signs on or affixed to trucks, vans, automobiles, trailers, or other vehicles deliveries or sales of merchandise or rendering of service from such vehicles.

AA. Z. Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall_
BB. AA. Window Sign. A temporary sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building. { Ord. No. 1128, § 2(Exh. B), 12 1 2020)

17.07.050- - Definitions.

For purposes of this Chapter, the following words and phrases have the meanings stated in this section.

A. A. Administrator. Same as Director.
any kind whatsocvcr may be placed for advertising purposes.

B. C. Advertise. Describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance.

C. Area of Sign. The area of a sign shall includebe calculated by multiplying the entire area within a series of rectangles (maximum four per visual plane) whose outermost bordcrs are definedwidth by the outermost extent of any writing, representation, emblem, figure, character or separate length of the sign surface. When letters comprising a sign message arc placorl on a backgro61nrl or field which is different in color or mator'ols from tho talc dated as the ent'ro area comprising the ey roll sign foot ure,face. In the case of a two-sided sign, the area shall be computed as including only the maximumlargest single display surface which is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign background of the sign.sign face. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign.

D fining € her a fabric Eoy red appendage - a temporary c� _c-nol.laps hl she terms _oorf noncombustible materials supported entirely from the exterior wall of a building and used to create shade. Such a device is considered a sign only when it is also used to display an image or message.
message.
structure or mounting device of the sign itself.

D. G. Commercial Complex. Any group of three or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by common access Created: 2023-05-25 08:14:33 [EST]
(Supp. No. 7, Update 3)

or common parking, or a large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage.

E. H. Commercial message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction.

Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies only to commercial messages.

F. Copy. b -Graphic content of a sign surface designed to allow the changing of copy through manual, mechanical, or electrical means.

G. Development. A building or buildings wherein two or more separate independently owned or operated establishments are located.

H. J. Director. The City's Community Development Director.

K. Establishment. Any non-residential use of land involving permanent structures or buildings.

J. L. Face of Building. The wall of a building, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases of decorations, but including any required parapet wall.

K. M. Frontage. The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, railroad or freeway.

L. N. Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the parcel shall be determined by the measurement of the larger or largest frontage on a public street.

M. O. Height of a sign. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially alter the height of a sign.

P. Hospital or Medical Center Complex. Any group of medical or hospital buildings under single N. Q. Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area.

O. R. Landscaped Planter. An area specifically designated for plant materials that may be at, below or above grade.

P. S. Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street.

T. Luminous sign. A sign that emits light.

U. Mansard Roof. A sloped, decorative roof element attached to the face of a building wall.

Q. V. Noncommercial message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message.

Noncommercial messages typically consist of expressions on the topics of politics, religion, philosophy, morals, and public controversies. The onsite/offsite distinction applies only to commercial messages.

Created: 2023-05-25 08:14:33 [EST]
{Supp. No. 7, Updatc 3?
Page
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W. Off site or off -premises sign. A sign whose mcssagc docs not pertain or rclatc to the premises upon which the sign structure is mounted or constructed. The onsite/offsite distinction applies only to commercial messages.

X. On site or on premisc. As pertaining to signs, a mcssagc which concerns or relates to the distinction applies only to commercial messages.

R. Y. Office Complex. Any group of three or more office uses on a parcel or combination of parcels that are generally served either by common access or common parking.

S. Z. Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact. Each commercial complex or shopping center shall be allowed to designate only one primary street frontage.- subject to approval of the Planning Department. Where no single street frontage can be identified as the primary street frontage, or in cases of dispute as to which street frontage is the primary street frontage, the Planning Director shall designate the primary street frontage in conjunction with the review of proposed signs.

T. AA. Relocated Billboard. An existing Billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static Billboard face with an electronic message center. The relocated Billboard is not considered a new Billboard.

U. Secondary Street Frontage. A street frontage other than a primary street frontage.

V. BB. Shopping Center. Same as commercial complex.

W. CC. Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Chapter:
a. a. Interior signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal;
b. b. Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);
c. c. Symbols embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal;
d. d. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots);
e. e. Manufacturers' marks: Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;
Created: 2023 05 25 08:11:33 [EST]
{Supp. No. 7, Update 3}
Page
9 of 13

f. f. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter;
g. g. Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City; h. h. Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, commercial and noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;
i. i. Gravestones or grave markers..—; and
L j Newsraok News racks and newsstands.

X. DD. Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.

Y. EE. Uniform Sign Program. A detailed set of plans, specification and other information for signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses accompanied by drawings to scale as set forth in Section 17.07.060 C.

Z. Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of windowpancswindow panes or panels can be considered one window if they are adjoining on the building face and are less than six inches apart. { Ord. No. 1128 , § 2(Exh. B), 12 1 2020)

17.07.060 - Administration, permits, and appeals.

A. A. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances.

B. B. Permit —Method of Application. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees or bonds as specified by City Council resolution.

C. C. Permit Application —Contents. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including:

1. 1. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan.

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{Supp. No. 7, Updatc 3?
Page
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2. 2. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building.

3. 3. Structural and electrical plans, details and cir^ calculations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five (5) square feet and the height of the sign exceeds six (6) feet.

4. 4. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite.

D. D. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 1530 working days. Unless the applicant waives time, failure of the Director to issue a written decision within 1-530 working days shall constitute denial of the application. Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign.

E. E. Appeals. All sign permit applications shall be initially reviewed by the Director.

When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agcndizingagenizinq and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision.

F. F. Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8.

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

H. H. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or Created: 2023-05-25 08:14:33 [EST]
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conditions of any permit, after written notice of noncompliance and at least 15 days opportunity to cure.

I. I. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation.

J. J. Interpretation of Provisions. Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpretations are to be made in light of the Basic Policies section (17.07.030) of this Chapter.

K. K. Variances. Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; however, variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite/offsite distinction for commercial messages).

L. L. Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by sketches and drawings to scale and dimensions showing details of construction, including connections and electrical plans, if any, and shall delineate the typical size, shape, design, material, coloring, lettering, lighting and position sketches of existing signs on the premises shall accompany the applicationplans as set forth in Section 17.07.060 C.

M. M. Motorists' Line of Sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Community Development Director.

N. Program Approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compliance with the requirements of this Chapter. No sign shall be installed which does not conform to the approved Uniform Sign Program. { Ord. No. 1128, § 2(Exh. B), 12 1 2020)

17.07.070 - General provisions.

A. A. Interpretation.

1. This chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message.

2. Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign owner, or otherwise, shall also be interpreted to allow noncommercial messages on the sign.

3. No part of this chapter may be construed to favor commercial messages over noncommercial messages.

4. To the extent any provision of this chapter is ambiguous, the terms shall be interpreted not to regulate on the basis of the content of the message.

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B. Signs Exempt ci�from Sign Permits. Subject to the qualifications and conditions stated in this section, the following signs are exempt from the application, permit and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from safetyuniform code permitting, such as on Title 15, including but not limited to building, electrical, plumbing; and grading permits, etc.

1. 1. Permanent window signs not exceeding four (4) square feet and limited to business identification, hours of operation, address and emergency information only;_
sign per parcel or lot, provided it is unlit and is removed within 15 days after the close of escrow or the rental or I se has been accomplished;

3. Contractor or construction signs: One sign shall be permitted on a construction or remodeling site. The sign may not exceed 32 square feet unless a larger sign is required by another construction sign may not exceed eight feet in overall height and shall be set back from the property line by at least ten feet. Construction signs must be removed at the earliest of or their functional equivalent.
/1. Future tenant identification sign: Future tenant identification signs may be placed on vacant or developing property to advertise the future use of the property and where this information may be obtained. Such sign shall be limited to one per street frontage and to a maximum of and is limited to 64 square feet in area per side and 15 feet in overall height. Such signs may also be placed along the freeway at 1,000 foot intervals, not to exceed 150 square feet in arora per side and 20 feet in overall hcight. Further, such signs shall be placed no less than ten feet from any property line. Any such sign shall be removed upon completion of such project;
frontage not to exceed 32 square feet; no such sign shall exceed eight feet in overall height and shall be set back from the property line at Igast ten feet. Where a property has in excess - of 600 linear feet of frontage, one additional sign is permitted for each 600 linear feet of street frontage.
the property line at least five feet.

7. Memorial tablets, plaques, or directional signs for community historical resources, installed by a recognized historical society or civic organization;

2. 8. Commercial temporary signs used to direct persons to open houses and real estate sales as provided in Section 17.07.080.B(1).

3. Commercial temporary signs for construction or remodeling sites as provided in Section 17.07.080.B(4).

4. Commercial temporary signs for future tenant identification as provided in Section

17.07.080.B(5).

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5. Directional signs, on -site, not ceedingto exceed three (3) square feet in sign area;.

6. 9. Residential building identification signs used to identify individual residences and not exceeding two (2) square feet.

7. 10. Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice;.

8. 11. Directional, warning, identification, or informational signs or structures required or authorized by law or by federal, State, County or City authority_ T2. Flags. Flags Temporary Commercial flags on commercial, industrial, or agricultural properties
a. Maximum numbcr of flags for property less than one acre: three; maximum height of g pooles: 30 feet; maxim m area of each flag• 60 square feet (measured_�_d onne s-idc G
b. Maximum number of flags for property one acre or larger: six; maximum height of flag

9. c. Flags on residential properties less than 3/4 acre: maximum number of flags: three; maximum number of flag poles: one; maximum height of flag poles:
20 feet area each flg40- re feet (measured one side nly) nl flags displaying commercial messages, images or symbols may be displayed as provided in residential zones. Section 17.07.080.B(7).
3 0 of each flog• '10 sg.uare feel cured_�_d _none sid only) No flogs displaying commercial messages, images or symbols may be displayed in residential zones.

10. 13. Signs of public utility companies, indicating danger or which serve as an aid to public safety or which show location of underground facilities or public telephones;_

11. 14. Safety signs on construction sites;.

12. 15. Political etc. Temporary Signs displaying political or otherwith noncommercial messages may be displayed on private property, except for special event signs as provided in any zonc at any time under the message substitution policy of this Chapter. Section 17.07.080.A.
a. In rcsidcntial zones and on legal residential uses, in addition to the flag allowance,On site temporary or permanent signs displaying political or other noncommercial messages may be displayed at any time c East to•

1. Maximum number of signs: not limited

2. Maximum size of any one side (measured one side only): ten square feet.

3. Maximum area of all signs combined: 20 square feet.

11. Maximum height: six feet.

5. Placement shall be at least five feet from any sidewalk, property line or driveway and shall not obstruct any line of sight for traffic
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noncommercial messages may be displayed at any time subject to:

1. Maximum number of signs: not limited

2. Maximum size of any one side (measured one side only): ten square feet.

3. Maximum area of all signs combined: 20 square feet.
/1. Maximum height: six feet.

5. Placement shall be at least five feet from any sidewalk, property line or driveway and shall not obstruct any line of sight for traffic.
c. In Commercial or industrial zones and on legal commercial or industrial uses on land noncommercial messages may be displayed at any time subject to:

1. Maximum number of signs: not limited

2. Maximum size of any ones rteasur e e side -only): 11 -6 -square -feet.

3. Maximum area of all signs combined: 64 square feet.

11. Maximum height: eight feet.

5. Placement shall be at least five feet from any sidewalk, property line or driveway and shall not obstruct any line of sight for traffic.
doubled during the time period which commences /15 days before and cnds tcn days after any general or special election.

13. 16. Temporary window signs for any establishment displaying a commercial message in a commercial zone, and for commercial uses in industrial or industrial/business park zones when approved as part of a Uniform Sign Program, arc allowed without permit subject to: as provided in Section 17.07.080.6(2). a. Maximum window sign: 30 percent of thc window ar (on multi -story buildings, only the windows on the first floor may be counted), but in no event shall window signs cxcccd 150 square fcct per street frontage.
b. The placement of the sign shall be located on the first floor only on multi story buildings and shall not cxcccd 20 fcct in height above finishcd gradc on one story buildings. c. No temporary window sign shall be displayed continuously for more than 30 days.

14. 17. Paper r signs, whichrr,.r h-aadyetr`� hise "weekly c als" and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look.

15. 18. ResidentialTemporary signs with a commercial message for garage or yard sale signs are allowed without permit subject to the following requirements:as provided in Section 17.07.080.6(3).
a. A permit for thc garage and yard sale shall be obtained prior to the erection of any signs for such event.
b. A maximum of three signs are permitted.

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16. c. Commercial flags and banners in conjunction with approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office as provided in Section 17.07.80.6(6).

Signs shall be limited to a maximum size of three square feet each.

17. d. Signs shall only be placed on private property, and not in the public right - of =way or on utility poles. as provided in Section 17.07.090(E). c. Signs shall only be crcctcd on the day of the event as permittcd and shall be removed at sunset cach day.

C. B. Prohibited Signs. The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemption from the permit requirement.

1. 1. Roof signs;

2. 2. Flashing signs, except time and temperature signs;

3. 3. Animated signs;

4. /1. Revolving signs;

5. 5. Portable signs;

6. 6. Off -site commercial signs on permanent structures;

7. 7. Signs blocking doors or fire escapes;

8. 8. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots;

9. 9. Banners, flags, pennants and balloons, except for special events as provid d for in this Chapter as allowed under subsection B above

10. 10. Inflatable signs or signs designed to be air activated, floated or flown, including balloons used for commercial advertising purposes, kites or other serial signs that are made of any electrically conducive material;

11. 11. Signs, posters, and advertisements, etc., attached to utility poles, shall be prohibited; i

12. 12. Exposed raceways—; and

13. Billboards, except for relocated Billboards. See 17.07.030(G).

D. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. C. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be permittedissued a permit by the Director if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building.

E. D. Signs Related to Inoperative Establishments. Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 6045 days after the premises has been vacated or the use abandoned. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Chapter.

F. E. Enforcement, Penalties and Abatement.

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1. 1. Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected.

2. 2. Violation of any of the provisions of this section shall constitute a nuisance and a Zoning ordinance violation.

3. 3. Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.

4. 4. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction of the sign and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.

5. 5. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows:
a. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the date. The notice shall also set forth the provisions of this section.

A. b. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section.

B. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the Planning Department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the contentionslegal basis as to why the sign should not be removed and destroyed.

C. c. If a request for hearing is filed under subsection b, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to Created: 2023 05 25 08:14:33 [EST]
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possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this Chapter, the decision of the Planning Commission shall become final ten days after mailing.
d. The owner or other person entitled to porsesion may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council Council shall determinc whcthcr or not thc sign is an illegal sign within thc public right of way. The written decision of the City Council shall be rendered within ten days after tho hearing and o copy of fho doc ft ion shall be mo'Icd to fho ownor or other percon entitled to possession within seven days thereafter. The decision of the City Council becomes final ten days after mailing.

D. e. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right- of-way. The written decision of the City Council shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter.

The decision of the City Council becomes final ten days after mailing.

E. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign within the public right-of-way, the City may remove and destroy the sign.

F. f. Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section.

G. F. Construction and Maintenance of Signs.
crcctcd in compliance with all applicable State, federal, and City regulations, the Uniform Building Code and the National Electrical Code.

2. Every sign and all parts, portions and materials shall be maintained and kept in proper repair. corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other following notification by the City. Noncompliance with such a request will constitute a zoning violation and will be enforced as such.

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G. Flags (real estate sales and leasing). Commercial flags and banners arc permitted in conjunction with an approved residential subdivision salcs office or a commercial salcs or I asing officc, or an industrial salcs or 1 asing officc. Such flags shall conform to thc following provisions:

1. A maximum of six may be used.

2. The flags or banners shall be no higher than 15 feet.

3. The flags or banners shall be displayed in the immediate vicinity of the sales/leasing office.

In no case shall the flags be allowed within the public right of way. operating permit for the sales office remains- in effect.

5. In the case of a commercial office or industrial sales or leasing office, the flags may be maintainer) n-til 75 percent of the spaces have been leased. maintained in good condition; torn or worn flags shall be replaced. may be permitted if architecturally designed and built into thc roof structure. Such dcsign shall bc compatible in dcsign and materials with thc building.

I. Inoperative establishments. Signs pertaining to activities or businesses which arc no longer in operation shall bc rcmovcd from thc prcmiscs or thc sign copy shall bc rcmovcd or obliterated within 60 days aftcr thc prcmiscs has been vacated. Any such sign not removed within thc specified time shall constitute a nuisance and shall bc subject to removal under thc provisions of this chapter.

J. Enforcement, penalties and abatement.

1. Any violation of the provisions of this section shall be deemed to be a continuing violation until the violation has been corrected.

2. A violation of any of the provisions of this section shall constitute a nuisance and a zoning ordinance violation.

3. Notwithstanding any other provision of this section, the City Attorney, upon the order of the City Council, may commence an action in a court of competent jurisdiction to obtain an /1. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.

5. Any illegal sign within the public right of way is found and declared to be a public nuisance, and such sign may bc abated by the City as follows:

A. a. If thc address of thc wncr or othcr person cntiticd t p sscssion of thc sign is known, noticc of thc City's intcntion to rcmovc and dcstroy thc sign, stating thc date aftcr which sign will bc rcm vcd and dcstr ycd, shall bc mailed to thc owncr or othcr person cntiticd to posscssion by Created: 2023 05 25 08:14:33 [EST]
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kn wn, thc n ticc shall bc affixed in a c nspicu us place n said sign at of this scction.
b. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the Planning Department.

The request shall identify thc sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the contentions why the sign should not be removed and destroyed.
c. If a request for hearing is filed, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thcrgafter. After the hqpring; the pub gght_o Thee writtten—el`ocision of, _o� -t.hho nning Covommimissio shal_all_ bebe the owner or other person entitled to possession within seven days thereafter. Unless Commission shall become final ten days after mailing
A —d —=The wncr r thcr pers n cntiticd t posscssi n may file a n tico f appeal with thc City Clerk within tcn days after thc date f mailing f thc Planning C mmissi n's dccisi n. If a timely n ticc f appeal is filed, thc matter shall be heard by thc City Council at a regular meeting scheduled of -way. Thc writtcn dccision of thc City Council shall bc rendered within wncr r thcr pers n cntiticd t p sscssi n within seven days thereafter.

Thc dccisi n f the City C uncil bcc mcs final tcn days after mailing. e. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for and destroy thc sign. If a writtcn request for hcaring is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign -within -the -public -right of way, the City may remove and destroy the sign. removed immediatehi and stored by the City at the expense of the owner or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section.

X. Construction and Maintenance of Signs.

1. 1. Code compliance. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal, and City regulations the i niform buildin code and the national electrical codccity laws and regulations, including but not limited to the permitting requirements contained in Title 15 relating to Buildings and Construction.

2. 2. Maintenance. Every sign and all parts, portions and materials shall be maintained and kept in proper repair.a first-class condition. The display surface of all signs shall be kept clean, neatly painted and free from rust and,_ corrosion and Created: 2023 05 25 08:14:33 [EST]
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graffiti. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within 30 days following notification by the City. Noncompliance with such a request will constitute a zoning violation and w+llmay be enforced as such by the city.
( Ord. No. 1128 , § 2(Exh. B), 12 1 2020)

17.07.080- — Temporary Signs permittcd in all zoncs.

A. The following temporary signs are allowed:

A. Noncommercial Temporary Signs. Noncommercial temporary signs are not considered either on -site and off -site and are subject to the following regulations:

NONCOMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Signs in Residential Zones, Legal Residential Uses, Commercial or Industrial Zones, and on Legal Commercial or Industrial Uses on Land One -Half (1/2) Acre or Less Sign Quantity:

Not Limited
Maximum Size of Any One Side
10 square feet
(measured one side only):

Maximum Area of All Signs Combined:
20 square feet
Maximum Height:
6 feet
Placement:

At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations:

Period not to exceed 60 days. Any time a
temporary noncommercial sign is removed, it shall
not be replaced by the same or other temporary
sign for a period of not less than 90 consecutive
days.

Sign Permit Required:

No
Signs in Commercial or Industrial Zones and on Legal Commercial or Industrial Uses on Land Over One -Half (1/2) Acre
Sign Quantity:

Not limited
Maximum Size of Any One Side
16 square feet
(measured one side only):

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NONCOMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Maximum Area of All Signs Combined:
64 square feet
Maximum Height:
8 feet
Placement:

At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations:

Period not to exceed 60 days. Any time a
temporary noncommercial sign is removed, it shall
not be replaced by the same or other temporary
sign for a period of not less than 90 consecutive
days.

Sign Permit Required:

No
B. Commercial Temporary Signs. Commercial temporary signs distinguish between on -site and off -site and are subject to the following regulations:

Y SIGNS
Sign Criteria
Limitation
(1)
Real Estate Signs for Sale, Lease, or Rent (Signs on Residential Properties) Sign Quantity:
1 sign per parcel or lot
Total Area Per Display Face:

Not to exceed 8 square feet
Total Display Faces:
2 Maximum Height:
5 feet
Setback from Property Line:

At least 5 feet
Time Limitation:

Shall be removed within 15 days of the sale,
rental, or lease of the property
Sign Permit Required:

No
(2)
Real Estate Signs for Sale, Lease, or Rent (Signs on Industrial, Commercial or Agricultural Properties)
Sign Quantity:
1 sign per street frontage (Exception: Where a
property has in excess of 600 linear feet of
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■

COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
frontage, one (1) additional sign is permitted for
each 600 linear feet of street frontage)
Total Area Per Display Face:

Not to exceed 32 square feet
Maximum Height:
8 feet
Setback from Property Line:

At least 10 feet
Time Limitation:

Shall be removed within 15 days of the sale,
rental, or lease of the property
Sign Permit Required:

No
(3)
On -Site Temporary Window Signs Displaying a Commercial Message (Commercial zone, and for Commercial Uses in Industrial or Industrial/Business Park Zones When Approved as Part of a Uniform Sign Program)
Window Area:
30 percent (on multi -story buildings, only the
windows on the first floor may be counted), but in
no event shall window signs exceed 150 square
feet per street frontage
Placement:

First floor only on multi -story buildings
Maximum Height:
20 feet in height above finished grade on one-
story buildings
Time Limitation:
45 days
Sign Permit Required:

No
(4)
Garage and Yard Sale Signs
Sign Quantity:
3 Maximum Size:
3 square feet
Placement:

Placed on private property, and not in the public
right-of-way or on utility poles
Time Limitation:

Erected on the day of the event as permitted and
removed at sunset of each such day.

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COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Sign Permit Required:

No
(5)
Construction Signs
Sign Quantity:
1 sign per project
Zone:

Any district
Maximum Size:
32 square feet (unless a larger sign is required by
another body of law, in which case the smallest
sign conforming to the law shall be used)
Maximum Height:
8 feet
Placement:

Set back from the property line by at least 10 feet
Time Limitation:

Removed at the earliest of issuance of certificate
of occupancy, certificate of completion, or final
inspection check off, or their functional equivalent
or upon abandonment of project.

Sign Permit Required:

No
(6)
Future Tenant Identification Signs (Parcels 10 Acres or Less) Sign Quantity:
1 per street frontage
Maximum Area:
32 square feet
Maximum Height:
8 feet
Placement:

Placed no less than 10 feet from any property line
Time Limitations:

Removed upon completion of project
Sign Permit Required:

No
(7)
Future Tenant Identification Signs (Parcels Greater than 10 Acres) Sign Quantity:
1 sign for every 600 feet of street frontage
Maximum area:
64 square feet per side
Maximum Height:
15 feet
Created: 2023 OS 25 08:11:33 [CST]
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-

COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Placement:

Placed no less than 10 feet from any property line;
placed along the freeway at 1,000 -foot intervals,
not to exceed 150 square feet in area per side
and 20 feet in overall height
Time Limitations:

Removed upon completion of project
Sign Permit Required:

No
(8)
Commercial Flags and Banners for Real Estate Sales and Leasing With an Approved Residential Subdivision Sales Office or a Commercial Sales or Leasing Office, or an Industrial Sales or Leasing Office
Sign Quantity:
6 Maximum Size:
15 square feet
Maximum Height:
15 feet
Placement:

Displayed in the immediate vicinity of the
sales/leasing office; not permitted within the public
right-of-way.

Time Limitations:

Flags shall be maintained in good condition; torn
or worn flags shall be replaced
Sign Permit Required:

No
Additional Requirements:

Residential subdivision office: Flags may be
maintained as long as a valid operating permit for
the sales office remains in effect;
Commercial office or industrial sales or leasing
office: Flags may be maintained until 75 percent
of the spaces have been leased.
(9)
Commercial Flags on Commercial, Industrial, or Agricultural Properties (Property Less Than One Acre)
Sign Quantity:
3 Maximum Height:
30 feet
Created: 2023 OS 25 08:11:33 [CST]
{Supp. No. 7, Updatc 3?
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COMMERCIAL TEMPORARY SIGNS
Sign Criteria
Limitation
Maximum Area:
60 square feet (measured one side only)
Sign Permit Required:

No
(10)
Commercial Flags on Commercial, Industrial, or Agricultural Properties (Property One Acre or Larger)
Sign Quantity:
6 Maximum Height:
30 feet
Maximum Area:
60 square feet (measured one side only)
Sign Permit Required:

No
Temporary Signs for
provided the signs arc in compliance with the qualifications stated in this section, and all other applicable laws and ordinances.

B. Directional Signs.

1. Private party directional signs shall be designed, constructed and mounted so as to be viewed from on -site or from an arga adjacent to thc site by pedestrians or motorists while parking their automobile.

2. Private party directional signs may not contain commercial advertising material.

3. Private party directional signs are not be allowed within the public right of way. /1. Private party directional signs shall not exceed four square feet in ar a, per side. In thc case of a ground sign, the overall height shall not exceed four feet.

C. C. Special Evcnt Signs. Events.

1. A special event sign is a siqn associated with a single event or series of events that occur on an infrequent or sporadic basis, and takes place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following:
a) Commercial sales, including grand openings and pre- and post -holiday sales:
b) Arts and craft shows, trade shows, antique shows, and other similar events;
c) Carnivals, fairs, festivals, circuses, and similar activities; d) Outdoor shows, concerts, and exhibitions;
e) Community events; and
Created: 2023 05 25 08:14:33 [EST]
{Supp. No. 7, Updatc 3?
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f) Annual events.

2. Special event signs shall be permitted when they comply with the provisions of this subsection. Such signs arc permitted for a limited period of time in any example and not limitation), grand openings, parades, marches, demonstrations, carnivals, festivals, charitable events, special holiday s ason displays, etc., when such events comply with all applicable laws. Applicants for a special event signssign shall submit a letter to the director that describes the proposed event by location, area and time duration. The application shall be processed in the same manner, and subject to the same appellate procedures, as an application for a sign permit. Special event sign permits shall be limitcdare subject to the following provisionsregulations:

TEMPORARY SIGNS FOR',rr..IAL EVENTS
Sign Criteria
Limitation
1111
Sign Quantity:
1 (may be in the form of a banner or pennant)
Maximum Area:
50 square feet in area (measured one side)
Maximum Height:
10 feet
Zone:

Any district
Time Limitation:

Taken down with 7 days of the event
Sign Permit Required:

Yes

17.07.090 - Signs permitted in all zones.

Permitted Signs. 1. No more than one special event sign shall be permitted per special event end may be in tho form of banner or pennant
2 —The -spec ial-event-sig-n-shall-be-a-max-imum-af-50-s-g-U-a-re-feet-i-n-afea4M ea sureel-one-side-} and shall be no higher than tcn feet in the cac ign:

3. Special event signs shall be limited to cumulative total of /15 days per calendar year.

A. D. Generally, sign permits shall be issued for signs included under this section, provided the signs are in compliance with the regulations stated in this section, and all other applicable laws and ordinances.

B. Special Event Signs. See 17.07.080.0 for applicable standards.

C. Permitted Signs —On -site Subdivision Commercial Signs. Onsite subdivisions may display commercial signs which conform to the following:

1. 1. One temporary on -site subdivision commercial sign not to exceed 64 square feet total for two sides or 32 square feet for onceach side and a total overall Created: 2023 05 25 08:11:33 [EST]
{Supp. No. 7, Update 3}
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