2. The minimum driveway widths for different use categories are established in Table 19.580.080 C (Minimum Driveway Widths). On-drive parking is prohibited at the minimum widths, except for single-family residential uses.
Table 19.580.080 C. Minimum Driveway Widths
Use
Driveway
minimum
width
Notes, Exceptions and Special Provisions
Single-Family
Residential 10 ft.
Multi-Family
Residential (one-way) 12 ft. Driveways shall be 150 ft. or less in length with no on-drive parking and located adjacent to one- or two-story buildings Multi-Family
Residential (twoway) 20 ft. The portion of the driveway used as maneuvering area for adjacent parking bays shall be a minimum of 24 ft.
Nonresidential (oneway) 12 ft.
A driveway providing access to ten or fewer parking spaces may be reduced to ten ft. The total length of the ten-foot-wide driveway shall not exceed 75 feet.
Nonresidential (twoway) 20 ft. The portion of the driveway used as maneuvering area for adjacent parking bays shall be 24 ft.
C. Vehicular access and circulation.
1. Accessibility and usability: Driveways shall not be used for any purpose that would prevent vehicle access to parking spaces, or inhibit circulation or emergency service response.
2. Access to adjacent roadways: Parking spaces within a designated parking lot shall be designed to provide the minimum required turning and maneuvering areas, so vehicles can enter an abutting street in a forward direction (alleys may be used for maneuvering space).
3. Circulation: Within a parking lot, circulation shall be such that a vehicle entering the parking lot need not enter the street to reach another aisle and that a vehicle shall not enter a public street backwards. Internal circulation, including safe entrances and exits shall be provided meeting the established standards and specifications of the Planning Division and Public Works Department.
4. Visibility at driveways: Driveways shall be designed and located in such a manner so as to ensure proper visibility to on-street traffic. Driveway design shall take into consideration slopes, curvature, speed, and conflicting turning movements in the area. Clear visibility shall be maintained from the driveway by keeping the designated clear vision triangle free of obstacles such as signs, landscaping, and structures. See Article X (Definitions) for a description of the clear vision triangle.
D. Parking structures.
1. Parking spaces located within a parking structure shall be provided with safe entrances and exits, turning and maneuvering areas and driveways meeting the established standards and specifications of the Planning Division and Public Works Department.
2. Driveways and turning and maneuvering areas in parking structure shall be paved with not less than two and one-half inches of asphaltic concrete or an equivalent surfacing meeting the specifications of the Public Works Department and shall be maintained in good repair.
3. Parking structures shall have a minimum landscaped setback of 15 feet along all street frontages, except in the area bounded by First Street, Fourteenth Street, State Route 91, and Locust Street, where a ten-foot landscaped setback shall be provided along all street frontages. When a greater setback is required by the zone in which the parking structure is located, such greater setback shall prevail.
4. Parking structures shall have, along all street frontages, a three-foot high buffer to such parking structure consisting of a decorative masonry wall, solid hedge or landscaped mound or any combination thereof. Masonry walls and hedges shall be situated at the rear of the landscaped setback required by Ssubsection 3 of this Ssection.
5. Piers and pillars shall not encroach into parking stalls.
E. Garage/carport-architectural design. Garages and carports required for residential development shall be consistent with the architectural design of the primary buildings by using similar materials and roof pitches.
F. Paving.
1. Required parking, loading areas and circulation areas shall be paved with not less than three inches of asphalt concrete or an equivalent impervious surface meeting the established standards and specifications of the Public Works Department. They shall be graded and drained so as to dispose of all surface water, and shall be maintained in good repair; provided that those portions of singlefamily residential driveways extending beyond a point 100 feet back from the street property line in the RE, RA and R-1 Zones may be surfaced with an alternate material as determined by the Public Works Department; and further provided that in the RE Zone, the driveways within the bridle paths of equestrian trails shall not be paved.
2. A non-paved driveway legally established prior to the adoption of this Code Section, including any expansion of the driveway to provide additional off-street parking subsequent to the adoption of this Code Section, is not subject to the paving requirements of this Ssection unless the use and maintenance of such driveway and parking area lapses for a period of one year or more or unless the use served by the driveway is expanded. However, both the existing driveway and the additional parking area shall be surfaced with a weed- and dust-resistant material to the specifications of the Fire and Planning Division.
3. The Community & Economic Development Director or his/her designee shall have the authority to administratively grant exceptions to the paving material and location restrictions, consistent with the purposes of this Ssection, where special circumstances relating to property context, configuration, terrain, landscaping or structure locations make adherence to the paving location restrictions of this Ssection impractical. Any such decision by the Community & Economic Development Director or his/her designee may be appealed to the City Council.
G. Pedestrian access and circulation. All multi-family and nonresidential developments shall be designed with a minimum of one designated pedestrian path from each abutting street to the primary entrance(s) to such use. Access shall be distinct from the vehicle access, visibly delineated, and designed to be safe and convenient. Specifically, internal pedestrian walkways shall be distinguished from driving surfaces through the use of raised sidewalks, special pavers, bricks, or scored/stamped concrete.
H. Drainage. Drainage facilities shall be provided in all public parking areas capable of handling and maintaining the drainage requirements of the subject property and surrounding properties. Drainage
facilities shall be designed to dispose of all surface water consistent with Regional Water Quality Control Board standards, and to alleviate the creation of flooding and drainage problems.
I. Curbing and bumper or wheel stops. Bumper stops not less than two feet in height or wheel stops not less than six inches in height shall be erected adjacent to any building or structure, wall, fence, property line, or walkway to protect other property. Areas containing plant materials shall be bordered by a concrete curb at least six inches high and six inches wide. Alternative barrier design to protect landscaped areas from damage by vehicles may be approved by the Staff Application Review Team Development Review Committee.
J. Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Also see Section 19.590.070 (Light and Glare) and Chapter 19.556 (Outdoor Lighting).
K. Walls. When adjoining or across an alley from any residentially zoned or residentially used lot, a masonry wall six feet in height shall be erected and maintained so as to physically separate the parking, loading or sales area from the residential property; provided that such wall shall be three feet high within the required front or street side yard area, or, where no front or street side yard area is required, such wall shall be three feet high within ten feet of the street line. Also, see Chapter 19.550 (Fences, Walls and Landscape Materials).
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 12, 2024; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1181101&datasource=ordbank" web="yes">7609</ulink> § 7, 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 8(Exh. I), 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">7573</ulink> § 1(Exh. A), 2021; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 16, 11-5-2019; Ord. 7331 § 94, 2016; Ord. 7109 §§ 14, 15, 2010; Ord. 6966 § 1, 2007)
19.580.090 Parking lot landscaping.
Within parking lots, landscaping shall be used for shade and climate control, to enhance project design, and to screen the visual impact of vehicles and large expanses of pavement as set forth in the following Pparagraphs.
A. Shade. Trees shall be planted and maintained in all parking lots at a ratio of one tree for every four parking spaces (that may be clustered or grouped). The trees shall be placed throughout the parking lot in a manner that will ensure that all portions of the lot receive tree shade. Trees shall be of a variety that provide a broad canopy.
B. Screening.
1. Between parking lot and street right-of way: Landscaping shall be designed and maintained for partial screening of vehicles to a minimum height of three feet, measured from the finished grade of the parking lot. Screening materials may include any combination of plant materials, earthen berms, solid masonry walls, raised planters, or other screening device deemed by the Community & Economic Development Director or his/her designee to comply with the intent of this requirement. This provision shall not apply in those instances where a masonry wall is required and when such property is used for a single-family residence.
2. Between drive-through lane and street right-of way: An immediate three-foot-high landscape screen shall be established along the outer edge of drive-through aisles. Screening materials may include a combination of plant materials, wall, raised planters, and berm as approved by the Approving Authority.
C. Percent coverage. Except in any industrial, airport and railway base zone, parking lots having more than 20 spaces shall have a minimum of five percent of the parking lot area landscaped. Parking lot landscaping shall not count toward required landscape coverage otherwise required for the zoning district in which a project is located and is in addition to required landscaped setbacks.
D. Landscaped setbacks.
1. For 20 or fewer parking spaces: A minimum ten-foot-wide landscaped setback is required along all street frontages for parking, loading and outdoor vehicle sales areas.
2. For 21 or greater parking spaces: A minimum 15-foot-wide landscaped setback is required along all street frontages for parking, loading, and outdoor vehicle sales areas.
3. When a greater setback is required by the zone: The greater setback shall prevail along all street frontages for parking, loading, and outdoor vehicle sales areas.
4. When adjacent to a residentially zoned or residentially used lot: A minimum five-foot-wide landscaped setback is required along all property lines shared with a residentially zoned or residentially used lot for parking, loading and outdoor vehicle sales areas in conjunction with the required six-foot high masonry wall.
E. Irrigation. All landscaped areas shall be equipped with an underground automated irrigation system. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">Ord. 7573</ulink> § 1(Exh. A), 2021; Ord. 7331 §94, 2016; Ord. 7235 §12, 2013; Ord. 6966 §1, 2007)
19.580.100 Prohibition of commercial, heavy or oversize vehicle parking.
A. It is unlawful for the driver, owner or operator of any motor truck of a gross vehicle weight rating (GVWR) of more than 10,000 pounds or truck tractor, or trailer of a gross vehicle weight rating (GVWR) of more than 10,000 pounds of more than 10,000 pounds, or any combination thereof, to park, or cause to be parked, any such vehicle upon any public street, or alley, or on any residentially zoned property, within the residential districts of the City of Riverside as defined by Section 515 of the State of California Vehicle Code.
B. It is unlawful for the driver, owner or operator of any motor truck, truck tractor, or trailer or any combination thereof, of a size larger than eight feet in height and/or 24 feet in length, to park, or cause to be parked, any such vehicle upon any public street, or alley, or on any residentially zoned property, within the residential districts of the City of Riverside as defined by Section 515 of the State of California Vehicle Code.
C. For the purpose of this Ssection, gross vehicle weight rating (GVWR) means the manufacturer's rated capacity for the motor truck, truck tractor and/or trailer.
D. It is unlawful to park, except for immediate loading and unloading of goods or to provide immediate services, any motor truck of a gross vehicle weight rating (GVWR) of more than 10,000 pounds, truck tractor, or trailer of a gross vehicle weight rating (GVWR) of more than 10,000 pounds, or any combination thereof, or any motor truck, truck tractor, or trailer or any combination thereof, of a size
larger than eight feet in height and/or 24 feet in length, on residentially zoned property within the City limits.
E. Recreational vehicles such as motor homes and travel trailers are exempted from the provisions of this Ssection; however, they remain subject to Section 19.580.070 A.4(Off-street parking location and type requirements).
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">Ord. 7573</ulink> § 1(Exh. A), 2021; Ord. 7331 §94, 2016; Ord. 6966 §1, 2007)
19.580.110 Off-street loading requirements.
At the time of erection, establishment or enlargement of any land use involving the receipt and distribution by vehicles of materials and merchandise, there shall be provided and maintained for such new use or construction at least one loading space of not less than ten feet in width, 22 feet in length and 14 feet in height, with adequate ingress and egress from a public street or alley for each 4,000 square feet of gross floor area or fraction thereof; provided that not more than two of such spaces shall be required unless the floor area exceeds 20,000 square feet, in which case the site plan shall be submitted to the Approving Authority for the establishment of the required loading spaces. Such loading space, together with necessary driveways and turning and maneuvering areas, shall be developed and maintained in conformity with the requirements for off-street parking areas, and shall meet the established standards and specifications of the Planning Division.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">Ord. 7573</ulink> § 1(Exh. A), 2021; Ord. 7331 §94, 2016; Ord. 6966 §1, 2007)
19.580.120 Maintenance for off-street parking.
A. It shall be the responsibility of the property owner to ensure that all off-street parking spaces and areas required by this Cchapter are maintained for the duration of the improvement or use requiring the parking area. Surfacing required for temporary lots shall be as determined by designated Approving or Appeal Authority.
B. All parking facilities, including curbs, directional markings, handicapped symbols, landscaping, pavement, signs, striping, and wheel stops, shall be permanently maintained by the property owner/tenant in good repair, free of litter and debris, potholes, obstructions, and stored material.
C. Drive aisles, approach lanes, and maneuvering areas shall be marked and maintained with directional arrows and striping to expedite traffic movement. Any area not intended for parking shall be signed as such, or in areas where curb exists, the curb may be painted red in lieu of signs. All signing and striping installations shall be in conformance with the current standards or as otherwise deemed necessary by the Community & Economic Development Director or his/her designee to ensure safe and efficient traffic flow in or about any parking facility.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">Ord. 7573</ulink> § 1(Exh. A), 2021; Ord. 7331 §94, 2016; Ord. 6966 §1, 2007)
19.580.130 Enforcement.
A. All vehicles, including recreational vehicles, parked outside of a completely enclosed garage shall be currently and legally registered except as provided for by State law and shall be in an operable and movable condition within one hour. Motorized vehicles, including recreational vehicles, shall be movable under their own power. Boats and other non-motorized vehicles, such as trailers, shall be movable by a towing vehicle customarily used for the type of vehicle being towed.
B. Those persons authorized to issue citations pursuant to the this Riverside Municipal Code and any police officer, any parking control checker and the Director of Public Works, or designee, is authorized and empowered to enforce this parking regulation and to issue parking control notices related thereto as provided by the State of California Vehicle Code Section 40202. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">Ord. 7573</ulink> § 1(Exh. A), 2021; Ord. 7331 §94, 2016; Ord. 6966 §1, 2007) (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">Ord. 7573</ulink> § 1(Exh. A), 2021; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 17, 11-5-2019; Ord. 7331 §94, 2016; Ord. 6966 §1, 2007) Chapter 19.590 PERFORMANCE STANDARDS
19.590.010 Purpose.
19.590.020 Applicability.
19.590.030 Hazardous and toxic materials.
19.590.050 Radioactivity.
19.590.060 Electric and electromagnetic disturbances and hazards.
19.590.070 Light and glare.
19.590.080 Odor.
19.590.090 Noise.
19.590.100 Heat.
19.590.110 Retail storefront window transparency.
19.590.010 Purpose.
A. This Cchapter describes certain characteristics associated with the design and operation of development that have the potential to create negative impacts on surrounding uses. Provisions herein identify the potential nuisance, establish thresholds for compliance, and explain the intent of development and operational standards to reduce potential impacts.
B. Performance standards are provided to:
1. Establish standards by which potential development related nuisances can be assessed, measured, and otherwise dealt with factually and objectively.
2. Ensure that all such nuisances are controlled in the design and engineering phases of new development projects.
3. Provide a framework by which potential impacts can be assessed and appropriate conditions applied in granting special use and conditional use permits.
(Ord. 7331 §95, 2016; Ord. 6966 §1, 2007)
19.590.020 Applicability.
A. These performance standards shall apply to all uses in all zones, except for legal nonconforming uses, as determined by the Community & Economic Development Director or his/her designee.
B. Compliance may be waived by the City Council if a building condition created under prior ordinances physically precludes the reasonable application of the standards. Additional categorical exceptions from compliance with the performance standards are as follows:
1. Temporary activities, such as festivals and other special events with approved temporary use permits or other required permits, where such activities otherwise comply with other applicable provisions of this Titlethe Zoning Code.
2. Emergency activities subject to approval of an appropriate City Authority.
3. Construction activities, where such activity is temporary in nature and explicitly regulated by other sections of thisthe Municipal Code.
(Ord. 7331 §95, 2016; Ord. 6966 §1, 2007)
19.590.030 Hazardous and toxic materials.
A. The intent of this Ssection is to protect local health, safety and general welfare by ensuring that the design and operational characteristics of a property or use does not adversely impact neighboring property owners, neighboring property users or the general public through the accidental or intentional release or use of hazardous materials.
B. The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division (4). The U.S. Environmental Protection Agency (EPA) and the California Department of Health Services (DHS) identify hazardous materials and prescribe handling, use and disposal practices. The use, storage, manufacture and disposal of hazardous materials shall be regulated and monitored according to the standards established by these agencies and any delegated government agencies.
C. The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of the Uniform Fire Code. No gasoline or other inflammables or explosives shall be stored unless the location, plans, and construction conform to the laws and regulations of the State of California and have the approval of the City of Riverside.
D. Toxic gases or matter shall not be emitted that can cause any damage to health, to animals or vegetation, or other forms of property, or that can cause any excessive soiling beyond the lot lines of the use. (Ord. 7331 §95, 2016; Ord. 6966 §1, 2007)
19.590.050 Radioactivity.
No use shall be permitted that emits radioactivity in dangerous amounts. The use, handling, storage, and transportation of radioactive materials shall comply with the provisions of the California Radiation Control Regulations (California Administrative Code, Title 17). (Ord. 7331 §95, 2016; Ord. 6966 §1, 2007)
19.590.060 Electric and electromagnetic disturbances and hazards.
No use shall be permitted where electric or electromagnetic interference results and adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission. (Ord. 7331 §95, 2016; Ord. 6966 §1, 2007)
19.590.070 Light and glare.
A. Lighting for safety purposes shall be provided at entryways, along walkways, between buildings, and within parking areas.
B. Except for stadium and playing field lighting, lighting support structures shall not exceed the maximum permitted building height of the zone where such lights are located. Furthermore, the height of any lighting shall be the minimum required to accomplish the purpose of the light. Freestanding pole lights shall not exceed a maximum height of 14 feet within 50 feet of a residentially zoned property or residential use.
C. The candle-power of all lights shall be the minimum required to accomplish the purpose of the light.
D. Flickering, flashing or strobe lights shall not be permitted. All lights shall be constant and shall not change intensity or color more often than once every 30 minutes.
E. Aircraft search lights normally used to draw attention to a business from off-site are prohibited.
F. Lighting where required for parking lots shall be provided at a level no less than one foot candle throughout the lot and access areas, and such lighting shall be certified as to its coverage, intensity and adherence to Section 19.590.070 (Light and Glare) and Chapter 19.556 (Lighting) by a qualified lighting engineer.
G. All lights shall be directed, oriented, and shielded to prevent light from shining onto adjacent properties, onto public rights-of-way, and into driveway areas in a manner that would obstruct drivers' vision.
H. Lighting for advertising signs shall not cause light or glare on surrounding properties.
I. Lighting shall not be directed skyward or in a manner that interferes with the safe operation of aircraft. (Ord. 7331 §95, 2016; Ord. 6966 §1, 2007)
19.590.080 Odor.
A. This Ssection establishes regulations intended to prevent the exposure of persons to offensive odors.
Odors from gases or other odorous matter shall not be of such intensity beyond the lot line of the use so as to be offensive to a reasonable person of normal sensitivity.
B. Any process that creates or emits any odors, dust, smoke, gases, or other odorous matter shall comply with applicable standards set by the South Coast Air Quality Management District (SCAQMD). (Ord. 7331 §95, 2016; Ord. 6966 §1, 2007)
19.590.090 Noise.
A. These regulations aim to prohibit unnecessary, excessive and annoying noises from all sources, as certain noise levels are detrimental to the health and welfare of individuals. The standards apply to all land uses in all zones unless otherwise specified in this Titlethe Zoning Code or other applicable law. In addition to the requirements of this Cchapter, any use or activity within the City shall comply with the noise regulations of Title 7 (Noise Control) of thisthe Riverside Municipal Code.
B. No person shall create nor allow the creation of noise that causes the noise level when measured on any property to exceed the noise standards set forth in Title 7 (Noise Control) of thisthe Riverside Municipal Code.
C. Utilization of compressors or other equipment, including but not limited to vents, ducts, and conduits, but excluding window or wall-mounted air-conditioners, that are located outside of the exterior walls of any building, shall be enclosed within a permanent, noncombustible, view-obscuring enclosure to ensure that the equipment will not emit noise in excess of the American National Standards Institute specifications for sound level meter ANSI S1.4-1971 or the latest approved revision thereof. (Ord. 7331 §95, 2016; Ord. 6966 §1, 2007)
19.590.100 Heat.
Heat from any source shall not be produced beyond the lot lines of the use so as to be offensive to a reasonable person of normal sensitivity.
(Ord. 7331 §95, 2016; Ord. 6966 §1, 2007)
19.590.110 Retail storefront window transparency.
A. Intent. These regulations aim to enhance retail storefront design and encourage safe, attractive and dynamic commercial areas.
B. At least 75% of the window surface area shall be transparent. Fully opaque treatments or coverings including any allowable window signs, exceeding 25% of the window surface area are prohibited.
C. Window signs as defined in Chapter 19.910 shall not be applied to more than 25% of the window area.
1. Storefronts with all windows completely opaque or “blacked-out” with no transparency is prohibited.
2. Vacant storefronts with no business occupying the tenant space may temporarily apply window signs up to 100% of the window area, until the tenant space is occupied. a. Window signs for vacant storefronts may promote leasing contacts for the property subject to the permit requirements of Section 19.620.090 Temporary Signs.
D. Window signs shall comply with the requirements of Chapter 19.620.
E. Exceptions. Areas for storage or mechanical and/or utility equipment shall not be subject to the provisions of this Ssection.
Chapter 19.620 GENERAL SIGN PROVISIONS
19.620.010 Authority.
19.620.020 Findings and purpose.
19.620.030 Applicability and scope.
19.620.040 Exempt signs.
19.620.050 Prohibited signs.
19.620.060 Design principles.
19.620.070 General provisions for all sign types.
19.620.075 Development standards for all sign types.
19.620.080 Standards for specific sign types by district and use type.
19.620.090 Temporary signs.
19.620.100 Procedures for sign review and approval.
19.620.110 Sign programs.
19.620.120 Historic signs.
19.620.130 Nonconforming signs.
19.620.140 Enforcement.
19.620.150 Definitions.
19.620.010 Authority.
This Cchapter is adopted pursuant to the authority vested in the City of Riverside and the State of California, including but not limited to: the State Constitution Article XI, Section 5, California Government Code Sections 65000 et seq., 38774, 38775, 65850(b), California Business and Professions Code Section 5230, and Penal Code 556.
(Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007)
19.620.020 Findings and purpose.
The City Council finds that unregulated and uncontrolled construction, erection, and lack of maintenance of signage in the City will result in excessive and inappropriate signage that has an adverse impact on the overall visual appearance of the City, which will adversely affect economic values. Unregulated and inappropriate signage can also increase risks to traffic and pedestrians by creating hazards and unreasonable distractions. It is, therefore, necessary to enact sign regulations to safeguard and preserve
the health, property and public welfare of Riverside residents through control of the design, construction, location and maintenance of signs as an information system, which preserves and enhances the aesthetic character and environmental values of the City of Riverside, its residential neighborhoods and commercial/industrial districts consistent with the goals, policies, and strategies of the General Plan while providing an effective means for members of the public to express themselves through the display of signs. Regulations within this Cchapter will minimize visual clutter, enhance safety through design and placement of signs, and preserve the aesthetics and character of the community. By adopting this Cchapter, the City Council intends to balance the needs of the City's residents, businesses, institutions, and visitors for adequate identification, communication, and advertising with the objectives of protecting public safety and welfare and preserving and enhancing the aesthetic character and environmental values of the community, by:
A. Encouraging communications that aid orientation and promote economic vitality while preventing visual clutter that will detract from the aesthetic character of the City; B. Applying basic principles of good design and sensitivity to community appearance to signage to avoid the creation of nuisances and privacy violations that will degrade the value of surrounding properties;
C. Enhancing safety by ensuring that signs are designed, constructed, installed, and maintained in compliance with minimum standards necessary to provide adequate visibility and to avoid the creation of hazards or unreasonable distractions for pedestrians or drivers; and D. Ensuring that the constitutionally-guaranteed right of free speech is protected. (Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007)
19.620.030 Applicability and scope.
This Cchapter regulates signs, as defined herein, that are located or mounted on private property within the corporate limits of the City of Riverside, as well as signs located or mounted on public property that is owned or controlled by public entities other than the City of Riverside, and over which the City has land use or zoning authority. However, property owned by public entities other than the City, in which the City holds the present right of possession, or for which management rights have been delegated to the City, are not within the scope of this Cchapter. Policies for private party signs on City-owned property, on the public right-of-way, and publicly owned properties in which the City holds the present right of possession or for which management rights have been delegated to the City, are stated in Chapter 19.625 (Private Party Signs on City-Owned Property and the Public Right-of-Way). The provisions set forth in this Cchapter shall apply in all zoning districts of the City, except where expressly stated otherwise. No sign within the regulatory scope of this Cchapter shall be erected or maintained anywhere in the City except in conformity with this Cchapter. This Cchapter applies prospectively only.
For the regulatory purposes of this Ttitle, the following are not within the definition of "sign":
A. Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);
B. Symbols embedded in architecture: Symbols of non-commercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building that is otherwise legal; also includes foundation stones, corner stones and similar devices;
C. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes (but not including commercial mascots);
D. Manufacturers' marks: Marks on tangible products, that identify the marker, seller, provider or product, and that customarily remain attached to the product even after sale; E. Fireworks and lighting displays: The legal use of fireworks, candles and artificial lighting not otherwise regulated by the Ttitle;
F. Certain insignia on vehicles and vessels: on street legal vehicles and properly licensed watercraft:
license plates, license plate frames, registration insignia, non-commercial 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. Grave stones, grave markers and similar devices, when used with a cemetery to indicate deceased persons buried within proximity to the marker;
H. Newsracks and newsstands;
I. Door mats, floor mats, welcoming mats and similar devices; J. Legally placed vending machines displaying only onsite commercial or non-commercial graphics, and drive-up or walk up service facilities such as gas pumps and automated teller machines.
K. Shopping carts identifying the establishment to which they belong; and L. Murals as defined by Section 19.620.160 of this Cchapter subject to compliance with Chapter
19.710, Design Review, of the Zoning Ordinance.
(Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007)
19.620.040 Exempt signs.
A. Signs exempt from permitting and standards. In addition to specific provisions elsewhere in this Cchapter that exempt certain signs from a permit requirement, the following signs do not require a permit and are not subject to standards:
1. Signs of public service and utility companies indicating danger and aides to service and public safety;
2. Signs or other visual communicative devices that are located entirely within a legally established building or other enclosed structure and are not visible from the exterior thereof;
3. Railroad crossing signs;
4. Traffic or municipal signs posted by government agencies;
5. Legal notices posted pursuant to law or court order; and
6. Address signs that are required by and conform with the Building Code; and
7. Public service and civic identification signs promoting City-sponsored activities or community events as authorized by the City Council.
B. Signs exempt from permit requirements. The following signs do not require permits pursuant to Section
19.620.110, Procedures for Sign Approval, of this Cchapter when they comply with the applicable standards of this Cchapter:
1. Directional signs. On properties containing public parking areas in any zone, monument directional signs, not exceeding six square feet in area per display face and four feet in overall height, located at each public entrance to or exit from the public parking area. Building mounted directional signs
shall also be allowed as necessary to direct persons to specific functions of a business with separate exterior entrances. Such signs shall not exceed six square feet in area and shall be situated directly above or to the side of the entrance being identified.
2. Information signs not displaying general advertising for hire. a. Building or window signs less than four square feet in area indicating the hours of operation of an establishment and whether such establishment is presently open to the public; b. Freestanding signs not exceeding one square foot in area and four feet in height providing information for the safety and convenience of the public, such as identifying rest rooms or telephones or areas where parking is not permitted;
3. Hazard signs. Signs warning persons of hazards pertaining to the property provided that individual signs do not exceed one square foot in size and six feet in height and are erected at least 75 feet apart from each other.
4. Flags. Flags not used as general advertising for hire if they comply with the following standards:
a. Complexes of commercial, office and industrial uses. Each complex of commercial, office or industrial uses, consisting of three or more uses on a single parcel or contiguous parcels with common off-street parking and access, may display not more than three flags, subject to:
maximum area of 60 square feet (area includes one side only) on not more than three maximum 35 foot high poles. If separate poles are used, the distance from one pole to another may not exceed 20 feet. Any illumination shall be oriented and shielded not to glare into adjacent properties. Bunting shall be securely attached to at least two ends of a rigid frame attached to a pole or projecting from a building in compliance with standards for projecting signs.
b. All other nonresidential uses. Each occupied parcel containing a nonresidential use, other than described in Ssub-section a. may display not more than three flags, subject to: maximum area of 60 square feet (area includes one side only) on not more than three maximum 35 foot high poles. If separate poles are used, the distance from one pole to another may not exceed ten feet.
c. Residential subdivisions and condominiums. Each residential subdivision or condominium with new, previously unoccupied dwelling units for sale may display one flag, maximum 25 square foot on a pole not higher than 20 feet, per model home in a model home complex.
Such poles must be situated not closer than ten feet from the public right-of-way and within 20 feet of the model complex or sales office. If separate poles are used, the distance from one pole to another may not exceed ten feet. A residential subdivision or condominium is considered to be all lots under a parent tract number including all phases. d. Apartments and mobile homes. Complexes of four or more apartments or mobile homes sharing common private access and/or parking may display not more than three flags, subject to:
maximum area of 25 square feet (area includes one side only) on not more than three maximum 20 foot high poles. If separate poles are used, the distance from one to another may not exceed ten feet.
e. All other residential uses. Each occupied parcel containing a residential use other than described in Ssub-sections c. and d. may display one flag, subject to a maximum area of 25 square feet (area includes one side only) on one maximum 20-foot high pole.
5. Non-illuminated identification signs up to four square feet in area on residential multi-unit buildings and complexes;
6. Construction site signs. In all zones, unlighted freestanding or wall signs may be displayed on the lot or parcel on which the construction is occurring. Such signs and support structures and fasteners shall be totally removed prior to release for occupancy. Such signs shall not exceed 32 square feet in area (area includes one side only).
C. Nonconforming signs. Signs that were legal when first installed, and which have not been modified so as to become illegal, may be continued even though they do not comply with the standards and requirements of this Cchapter as provided for in Section 19.620.130. No such sign shall be moved, altered, or enlarged unless required by law or unless the moving, alteration or enlargement conforms to the applicable requirements of this Cchapter and will result in the elimination or substantial reduction of the sign's nonconforming features.
(Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007)
19.620.050 Prohibited signs.
Unless otherwise permitted by a specific provision of this Cchapter, the following sign types are prohibited in all zones:
A. Advertising statuary. Unless approved subject to a conditional use permit and Design Review pursuant to Chapters 19.760 and 19.710 of the Zoning Ordinance, all forms of advertising statuary are prohibited in all zones. A three-dimensional sign that is affixed to a building and complies with all the applicable requirements of this Cchapter shall not be considered advertising statuary.
B. Animated and moving signs. Signs that blink, flash, shimmer, glitter, rotate, oscillate, are projected, or move, or which give the appearance of blinking, flashing, shimmering, glittering, rotating, oscillating or moving except for signs with changeable digital displays (e.g. light emitting diodes) that are expressly allowed by another provision of this Cchapter or a specific plan or other policy approved by the City Council.
C. Banners, balloons, streamers, and pennants. Banners, balloons, streamers, and pennants that direct, promote, attract, service or that are otherwise designed to attract attention are prohibited in all zones except as temporary signs that comply with the requirements of Section 19.620.090, Temporary Signs, flags that comply with Section 19.620.040.B.4, Exempt Signs, or a specific plan or other policy approved by the City Council. Feather banners as defined in Section
19.620.150 are prohibited in all zones as either temporary or permanent signs.
D. Bench signs. All forms of bench signs or bus stop commercial advertising are prohibited in all zones except where State law expressly grants to a public transportation agency rights to such signage.
E. Commercial mascots. All commercial signs held, posted or attended by commercial mascots as defined in Section 19.620.150 are prohibited in all zones.
F. Mobile signs. Any sign carried or conveyed by a vehicle that is used as a device for general advertising for hire, excluding signs on taxis and public buses.
G. Permanent signs displaying off-premises general advertising for hire (billboards). This Cchapter does not allow or authorize a permanent structure signs displaying general advertising for hire for a business, commodity, service, facility or other such matter not located, conducted, sold or offered upon the premises where the sign is located. Such signs are prohibited in all zones unless authorized by separate Chapter of this the Municipal Code.
H. Pole signs. Unless expressly allowed by another provision of this Cchapter or a specific plan or policy approved by the City Council, pole signs are prohibited in all zones.
I. Portable signs. Unless expressly allowed by another provision of this Cchapter or by separate Chapter of thisthe Municipal Code, portable signs are prohibited in all zones.
J. Paper signs and placards. Paper signs and placards that direct, promote, attract, service or that are otherwise designed to attract attention are prohibited in all zones except for temporary signs that comply with the applicable requirements of Section 19.620.090, Temporary Signs.
K. Roof signs. Unless expressly allowed by another provision of this Cchapter, roof signs as defined in Section 19.620.150 of this Cchapter are prohibited in all zones. A mansard sign that does not extend above the deck-line or principal roofline of a mansard roof and complies with all other applicable provisions of this Cchapter shall not be considered to be a roof sign.
Figure 19.620.050.K: Roof Signs
[GRAPHIC]
L. Signs creating traffic hazards.
1. Signs located in such a manner as to constitute a traffic hazard or obstruct the view of traffic, or any authorized traffic sign or signal device, as determined by the Community & Economic Development Director or his/her designee;
2. Signs that may create confusion with any authorized traffic sign, signal, or device because their color, location or wording, or use of any phrase, symbol, or character interferes with, misleads, or confuses vehicular drivers in their use of roads or conflicts with any traffic control sign or device;
3. Signs within five feet of a fire hydrant, street sign, or traffic signal.
M. Signs that produce emissions or noise. Signs that produce visible smoke, vapor, particles, bubbles or free-floating particles of matter, odor, noise or sounds that can be heard at the property line, excluding voice units at menu boards and devices for servicing customers from their vehicles, such as drive-up windows at banks, when such units are used only for the purpose of two-way communication and sufficiently shielded to prevent impacts to adjacent residential properties.
N. Signs for prohibited or unpermitted uses. A sign displaying a commercial message promoting a business that is a prohibited use as established in Chapter 19.150 (Base Zones Permitted land uses) and which has not been established as a legal non-conforming use or a business that is permitted but has not obtained required approvals pursuant to the requirements of this Code.
O. Signs on public property. Except as otherwise provided for in Chapter 19.625, Private Party Signs on City-Owned Property and the Public Right-of-Way, no inanimate sign, or supporting sign structure, may be erected in the public right-of-way, including portable A-frame signs. This provision does not prohibit signs that are mounted on private property but project into or over public property or the public right-of-way, when such sign is authorized by an encroachment permit.
P. Cabinet or panel signs.
1. New cabinet or panel signage as defined in Ssection 19.620.150, including blade or projecting signs, are prohibited except in the case of unusually shaped or elaborate logos that would be onerous to render in channel letter form.
2. Existing cabinet signs may continue to be used and maintained, subject to Section 19.620.130 Nonconforming Signs.
(Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 7184 §1, 2012; Ord. 6966 §1, 2007)
19.620.060 Minimum criteria for sign design.
A. Architectural compatibility. A sign (including its supporting structure, if any) shall be designed as an integral design element of a building's architecture and shall be architecturally compatible, including color and scale, with any building to which the sign is to be attached and with surrounding structures.
A sign that covers a window or that spills over "natural" boundaries or architectural features and obliterates parts of upper floors of buildings is detrimental to visual order and shall not be permitted.
B. Consistency with area character. A sign shall be consistent with distinct area or district characteristics and incorporate common design elements, such as sign materials or themes. Where a sign is located in close proximity to a residential area, the sign shall be designed and located so it has little or no impact on adjacent residential neighborhoods.
C. Legibility. The size and proportion of the elements of the sign's message, including logos, letters, icons and other graphic images, shall be selected based on the average distance and average travel speed of the viewer. Sign messages oriented towards pedestrians may be smaller than those oriented towards automobile drivers. Colors chosen for the sign text and/or graphics shall have sufficient contrast with the sign background in order to be easily read during both day and night.
D. Readability. A sign message shall be easily recognized and designed in a clear, unambiguous and concise manner, so that a viewer can understand or make sense of what appears on the sign.
E. Visibility. A sign shall be conspicuous and readily distinguishable from its surroundings so a viewer can easily see the information it communicates.
(Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007)
19.620.070 General provisions for all sign types.
The following regulations apply to all signs in any zone:
A. Signs must comply with this Code. In all zones, only such signs as are specifically permitted in this Cchapter may be placed, erected, maintained, displayed or used, and the placement, erection, maintenance, display or use of signs shall be subject to all restrictions, limitations and regulations contained in this Cchapter. The placement, erection, maintenance, display or use of all other signs is prohibited.
B. Enforcement authority. The Community & Economic Development Director or his/her designee is authorized and directed to enforce and administer the provisions of this Cchapter.
C. Permit requirement. Unless expressly exempted by a provision of this Cchapter, or by other applicable law, signs within the regulatory scope of this Cchapter may be displayed only pursuant to a permit issued by the City pursuant to Section 19.620.100 of this Cchapter and any applicable permit required by the Building Code.
D. Design review required for nonresidential uses. Unless exempt from the requirements of this Cchapter, the design and placement of any permanent sign erected for a nonresidential use is subject to review under the Citywide Sign and Design Guidelines.
E. Message neutrality. It is the City's policy to regulate signs in a constitutional manner that does not favor commercial speech over noncommercial speech and is content neutral as to noncommercial
messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.
F. Regulatory interpretations. All regulatory interpretations of this Cchapter are to be exercised in light of the City's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Cchapter, or whenever a sign does not qualify as a "structure" as defined in the Building Code, then the Community & Economic Development Director or his/her designee shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Cchapter.
G. Changes to copy of approved signs. Changes to the copy of approved signs that were legally established and have not been modified so as to become illegal are exempt from permitting pursuant to this Cchapter. Changes to copy do not include changes to the type or level of illumination of an approved sign.
H. Substitution of messages. Subject to the property owner's consent, a protected noncommercial message of any type may be substituted 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 Cchapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over protected noncommercial speech, or 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, lot or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; does not allow the substitution of an off-site commercial message in place of an on-site commercial message.
I. Rules for non-communicative aspects of signs. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.
J. Situs of non-commercial message signs. The onsite/offsite distinction applies only to commercial messages on signs.
K. Mixed Use Zones. In any zone where both residential and nonresidential uses are allowed, the signrelated rights and responsibilities applicable to any particular use shall be determined as follows:
residential uses shall be treated as if they were located 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.
L. Property owner's consent. No sign may be displayed without the consent of the legal owner(s) of the property on which the sign is 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.
M. 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 Cchapter attach to and travel 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 Cchapter), or the ownership of sign structures.
N. Variances.
1. When a variance from the rules stated in this Cchapter is sought, such variance may be permitted only upon the approval of the Approving Authority as designated in Table 19.650.020 and pursuant to the procedures set forth in Chapter 19.720 (Variance).
2. In considering requests for such variances, the Approving Authority shall not consider the message of the sign display face.
3. No variance that would allow a permanent structure sign to be used for the display of off-site commercial messages or general advertising for hire may be approved.
O. Severance. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or, 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 the Chapter even without any portion, which may be held invalid or unenforceable.
OP. Riverside Municipal Airport. Except for signs oriented so as to be primarily viewed from any public street other than Airport Drive, signs within Riverside Municipal Airport and which serve lessees of the Riverside Municipal Airport shall be governed by the Riverside Municipal Airport Sign Criteria adopted by resolution of the City Council and shall not be restricted by this Cchapter except for those provisions regarding maintenance and safety. Signs at the Municipal Airport are also subject to permits under the City Building Code.
PQ. Calculation of sign area. The area of an individual sign, as defined in Section 19.620.150 of this Cchapter, shall be calculated according to the following provisions. Sign area does not include supporting structures such as sign bases and columns provided that they contain no lettering or graphics except for addresses or required tags. The calculation of sign area for various types of signs is illustrated in Figures 19.620.070.PR-1, 2, and 3.
1. Single-faced signs. Where only one face of the sign includes written copy, logos, emblems, symbols, ornaments, illustrations, or other sign media, the sign area shall include the entire area within a single continuous perimeter composed of one or two rectangles that enclose the extreme limits of all sign elements on the face of the sign.
Figure 19.620.070.PR-1: Measuring Area of Single-Faced Signs [GRAPHIC]
2. Double-faced signs. Where two faces of a double-faced sign have an interior angle of 45 degrees or less from one another, the sign area must be computed as the area of one face.
Where the two faces are not equal in size, the larger sign face will be used. Where two faces of a double-faced sign have an interior angle of more than 45 degrees from one another, both sign faces will be counted toward sign area.
Figure 19.620.070.PR-2: Measuring Area of Double-Faced Signs [GRAPHIC]
3. Multi-faced signs. Signs with three or more faces, where at least one interior angle is 45 degrees or more the calculation shall include the total area of each face that includes written copy,
emblems, symbols, ornament, illustrations, or other sign media regardless of the dimension of each face.
4. Three dimensional signs. Signs that consist of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall have a sign area that is the sum of the areas of the three visible vertical faces of the smallest cube or rectangular volume that will encompass the sign.
Figure 19.620.070.PR-3: Measuring Area of Three-Dimensional Signs [GRAPHIC]
(Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007)
19.620.075 Development standards for all sign types.
A. Permitted sign locations
1. Building signs. All building signs, with the exception of blade signs as set forth herein must be located on and directly parallel to a building wall, canopy fascia or mansard roof directly abutting the use or occupancy being identified and directly facing a parking lot, mall, street, driveway, alley or freeway.
2. Window signs. Except for signs painted directly on the exterior surface of the window, all window signs must be located on or within 24 inches of the inner surface of a window directly used by the use or occupancy being identified and be directly facing a parking lot, mall, street, driveway, alley or freeway.
3. Under canopy and shingle signs. All under canopy and shingle signs shall be suspended from the underside of a pedestrian canopy or awning directly adjacent to the business identified on the sign or a support attached to and projecting from the building wall. Such signs shall be oriented perpendicular to the adjacent wall of the business being identified and shall be attached with rigid supports of a type and in a manner acceptable to the Building and Safety Division. A minimum clearance of seven feet shall be maintained between the grade level below the sign and the lowermost portion of the sign except when the sign is projecting over a public right-ofway, in that case the minimum clearance shall be eight feet.
Figure 19.620.075.A-3: Measuring Area of Single-Faced Signs [GRAPHIC]
4. Pylon and monument signs. All pylon and monument signs shall be oriented toward a parking lot, mall, street, driveway or alley. Such signs shall be situated on the lot or parcel on which the use or occupancy identified is located, except in a commercial, office or industrial complex where such a sign may be located on any lot or parcel in the complex where the use or occupancy identified is located.
5. Other projecting signs. Building signs shall not project more than 12 inches from the face of the building on which they are placed with the following exceptions:
a. Signs placed on a mansard roof may project such a distance from the face of the roof as necessary for the sign face to be perpendicular to the floor of the building.
Figure 19.620.075.A-5: Measuring Area of Single-Faced Signs [GRAPHIC]
b. In any Neighborhood Commercial Overlay Zone, a maximum four square foot, doublefaced sign, oriented perpendicular to the building wall is permitted in lieu of an under canopy sign. Such perpendicular sign shall not project more than 30 inches from the face of the building wall on which it is placed, shall be attached with rigid supports in a manner acceptable to the Building and Safety Division and shall maintain a minimum clearance of eight feet between the grade level below the sign and the lowermost portion of the sign.
c. A three-dimensional sign that complies with the applicable requirements of this Cchapter.
6. Projection of permanent signs over public rights-of-way. All signs that project over or into the public right-of-way require approval of an encroachment permit by the Public Works Department under Sections 10.16.040 and Section 13.08.015 of the Riverside Municipal Code.
7. Historic area blade signs. For buildings registered in the National Historic Register; designated a State Historical landmark, a City of Riverside landmark or structure of merit; or located in a City of Riverside historic preservation district or neighborhood conservation area, and that contain a nonresidential use, double-faced signs, oriented perpendicular to the building wall are permitted subject to standards in Section 19.620.120.C.
B. Materials
1. Permanent signs may not be made of plywood, pressed board, non-exterior grade wood products or any material, such as paper or cardboard, that is subject to rapid deterioration and not weather-resistant.
2. Fabric signs shall be restricted to Public Service and Civic Identity Banners, Awning Signs, and Temporary Signs permitted pursuant to Section 19.620.090.
C. Illumination. Unless specifically restricted by this chapter, signs may be illuminated or non-illuminated.
The illumination of signs, from either an internal or external source, shall be designed to avoid negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated signs:
1. Sign lighting shall not be of an intensity or brightness, or generate glare, that will create a nuisance for residential buildings in a direct line of sight to the sign;
2. External light sources shall be directed, shielded, and filtered to limit direct illumination of any object other than the sign;
3. Exposed incandescent lamps that exceed 40 watts or contain either internal or external metal reflectors are not permitted.
4. Refer to Section 19.620.080.D.4 for additional illumination requirements for electronic message center signs.
5. Electrical raceways, conduits, and similar devices shall be placed so that they are not within public view.
a. Where this is physically impractical or potentially damaging to significant architectural features or materials of the structure upon which the sign is mounted, raceways, conduits, and similar devices shall be as minimal as possible and painted to match surrounding material.
6. Neon signs and architectural lighting. The use of neon tubes for signs or architectural elements shall be allowed in commercial and mixed-use zoning districts subject to the requirements of Section 19.620.050.B.
D. Maintenance and safety.
1. Maintenance. All signs, together with all their supports, braces, guys and anchors, shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted. The Community & Economic Development Director or his/her designee may order the removal of any sign that is not maintained in accordance with the provisions of this chapter and all other applicable laws.
2. Interference with safety passages. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe. No sign shall obstruct any window to such an extent that any light, ventilation or access is reduced to a point below that required by any law or ordinance.
3. Proximity to electrical facilities. No sign or structure shall be erected in such a manner that any portion of its surface or supports shall be within six feet of overhead electric conductors, which are energized in excess of 750 volts, nor within three feet of conductors energized at 0 to 750 volts.
4. Electrical signs. Electrical signs shall bear the label of an approved testing laboratory. Said label shall not exceed four square inches. Said label shall be placed as directed by the Community & Economic Development Director or his/her designee. Electrical signs and appurtenant equipment shall be installed in accordance with Chapter 16.16 of this Codethe Electrical Code.
5. Engineering design and materials. Signs designed and constructed as building elements or structures shall be in accordance with the provisions of the Chapter 16.08 of this CodeBuilding Code.
6. Inspections. It shall be the duty of every person who may erect any sign designated under this chapter to afford ample means and accommodation for the purpose of inspection whenever, in the judgment of the Community & Economic Development Director or his/her designee or the Building Official, such inspection is necessary. The inspectors for the Public Utilities Department and the Fire Department of the City shall also have the right and authority to inspect any such signs during reasonable hours.
7. Liability of owners. This Cchapter shall not be construed to relieve from or lessen the responsibility of any person owning, maintaining, operating, constructing or installing any sign or other device mentioned in this chapter for damages to life or property caused by any defect therein.
8. City responsibility for sign compliance. Neither the City nor any agent thereof may be held as assuming any liability by reason of the inspection required by this Cchapter. Nothing in this Cchapter waives or diminishes any defenses the City may have in any action alleging that the City is responsible, in whole or in part, for damage, loss or injury caused by any sign. By enacting this Cchapter the City does not waive its immunities under California statutory law, including but not limited to the governmental immunities.
19.620.080 Standards for specific sign types by district and use type.
A. Permanent signs shall comply with the standards in Tables 19.620.080.A, B and C and the additional requirements that follow the tables.
Table 19.620.080.A: Building Signs in Nonresidential and Mixed-Use Districts Wall Signs Window
Signs
Under
Canopy
Shingle
Tenant/Occupant
Building Frontage in
lineal feet (LF)
Less
than 80
LF
80 LF or
more &
less than
200 LF
200 LF or
more &
less than
350 LF
350 LF or
more &
less than
500 LF
500 LF or
more
Commercial
Zones
CR, CG
& CRC
• For the purpose of business identification
only.
• Secondary signs identifying special features,
services, trade, or products of the business
shall not exceed more than 10% of the total
sign area. Maximum
of 25% of
the
window
area.
See
Ssection
19.590.11
0 for
exception
s for
vacant
storefront
s.
1 under
canopy
shingle
sign per
use or
occupancy
9 square
feet
1 wall
sign
per
occupant
building
frontage
1 square
foot of
sign area
per
lineal
foot of
occupant
building
frontage
2 wall
signs
per
occupant
building
frontage
1 square
foot of
sign area
per
lineal
foot of
occupant
building
frontage
3 wall
signs
per
occupant
building
frontage
1 square
foot of
sign area
per lineal
foot of
occupant
building
frontage
up to a
maximum
of 200
square
feet
4 wall
signs
per
occupant
building
frontage
1 square
foot of
sign area
per lineal
foot of
occupant
building
frontage
up to a
maximum
of 400
square
feet
5 wall
signs
per
occupant
building
frontage
1 square
foot of
sign area
per lineal
foot of
occupant
building
frontage
up to a
maximum
of 500
square
feet.
O
(Office)
1 wall
sign
per
building
frontage
1 squarefoot of
sign area
per
lineal
foot of
occupant
building
frontage.
For each occupant building frontage 80
lineal feet in length or more:
2 wall signs per occupant building frontage
1 square-foot of sign area per lineal foot of
occupant building frontage or 200 square
feet for the entire building frontage,
whichever is less.
Same as
for CR,
CG &
CRC
Zones
Same as
for CR,
CG &
CRC
Zones
Mixed Use Zones—
MU-N, MU-V & MUU
Same as
for CR,
CG &
CRC
Zones
Same as
for CR,
CG &
CRC
Zones
Same as
for CR,
CG &
CRC
Zones
Same as
for CR,
CG &
CRC
Zones
Same as
for CR,
CG &
CRC
Zones
Same as
for CR,
CG &
CRC
Zones
Same as
for CR,
CG &
CRC
Zones
Industrial Zones—
BMP, I, AI & AIR
within an Industrial
Complex
1 wall
sign per
occupant
or
building
on each
building
frontage
1 squarefoot of
sign area
per
lineal
foot of
occupant
building
frontage
For each occupant building frontage 80
lineal feet in length or more:
2 wall signs on each occupant building
frontage oriented toward a parking lot, mall
street, driveway, alley or freeway.
1 square-foot of sign area per lineal foot of
occupant building frontage not to exceed
200 square feet of total sign area.
Same as
for CR,
CG &
CRC
Zones
Same as
for CR,
CG &
CRC
Zones
Other Zones Public
Facilities Zone,
Schools and
All other NonCommercial/Industrial
& Nonresidential Uses
1 on-premises wall sign for each street frontage
1 square-foot of sign area per lineal foot of occupant
building frontage not to exceed 24 square feet of total sign area
Same as
for CR,
CG &
CRC
Zones
Same as
for CR,
CG &
CRC
Zones
Wall Signs - Multiple Story Buildings Greater than 3 Stories in Zones where Buildings Greater than 3 Stories are Allowed - For multiple story buildings greater than 3 stories, wall signs are allowed only on the first floor and on the top floor of a building. The maximum area of wall signs on the first floor shall not exceed the total allowable wall sign area specified in the wall sign standards above. See specific standards below for maximum area of top floor signs allowed in addition to allowable area for first floor signage. For multiple story buildings 3 stories or less, wall signs are allowed on any floor but the total sign area for the entire building frontage inclusive of all floors shall not exceed the maximum allowable sign area as indicated in the standards above. Wall signs shall be for the purposes of business identification only.
4 Stories 5 to 6 Stories 7 to 10 Stories Over 10 Stories Building
frontage less
than 150
lineal feet
1 sign per building
frontage located at
the top floor
100 square feet
1 sign per building
frontage located at
the top floor
150 square feet
1 sign per building
frontage located at
the top floor
200 square feet
1 sign per building
frontage located at
the top floor
250 square feet
Building
frontage 150
lineal feet or
more
2 signs per building
frontage located at
the top floor
100 square feet per
sign up to a total
maximum of 150
square feet for the
building frontage
2 signs per building
frontage located at
the top floor
150 square feet per
sign up to a total
maximum of 225
square feet for the
building frontage
2 signs per building
frontage located at
the top floor
200 square feet per
sign up to a total
maximum of 300
square feet for the
building frontage
2 signs per building
frontage located at
the top floor
250 square feet per
sign up to a total
maximum of 375
square feet for the
building frontage
Notes: 1) In general, each establishment/occupant is allowed at least 1 wall sign per building frontage oriented toward a parking lot, mall, street, driveway, alley or freeway, window signs up to 25% of the window area, and 1 under canopy shingle sign per building frontage subject to the standards provided below. 2) See Section 19.620.110 for Sign Program requirements and increase in allowable sign area with a sign program. 3) Storefront window transparency is regulated under Chapter 19.590.
Figure 19.620.080.A-1: Wall signs on Multi-Occupant Building Frontage [GRAPHIC]
Figure 19.620.080.A-2: Allowed Wall Sign Locations on Multiple-Story Buildings greater than three stories
[GRAPHIC]
Table 19.620.080.B: Freestanding Signs in Nonresidential and Mixed-Use Zones Zones, Type of Development & Site Size
Freestanding Sign Standards
Monument Signs Pylon Signs Freeway Oriented
Signs 1
Commercial &
Mixed Use Zones
Commercial
Complexes in
Commercial
and Mixed Use
Zones
Sites
under 1
acre
Max. 1 on premises
sign
Max. Area: 30
square feet
Max. Height: six feet
Not Allowed Not Allowed
Sites 1
or more
acres
but less
than
two
acres
Total Maximum of 3
monument signs for
site as follows:
Max. 1 on premises
sign per street
frontage
Max. Area: 40
square feet per sign.
Max. Height: eight
feet
Not Allowed Not Allowed
Sites 2
or more
acres
but less
than 6
acres
Total Maximum of 3
monument signs for
site as follows:
Major Street
Frontage:
Max. 1 on premises
sign/200 lineal feet
of street frontage
Max. Area: 50
square feet
Max. Height: eight
feet
Secondary Street
Frontage:
Max. 1 on premises
sign
Max. Area: 40
square feet
Max. Height: six feet
Not Allowed Not Allowed
Sites 6
or more
acres
but less
than 10
acres
Total Maximum of 4
monument signs for
site:
Major Street
Frontage:
Max. 1 on premises
sign/200 lineal feet
of street frontage
Max. Area: 50
square feet
Max. Height: 10 feet
Secondary Street
Frontage:
Max. 1 on premises
sign
Max. Area: 40
square feet
Max. Height: six feet
Not Allowed
Not allowed for
sites less than 9
acres.
For sites 9 gross
acres or more and
less than 25 acres:
Max. 1 Freeway
Oriented Pylon Sign
Max. Area: 225 sq.
ft.
Max. Height: 40
feet 2 See Section
19.620.080.B.7 for
additional standards
for freeway oriented
signs
Sites 10
or more
acres
but less
than 25
acres
Total Maximum of 5
monument signs for
site:
Major Street
Frontage
Max. 1 on premises
sign/200 lineal feet
of street frontage
Max. Area: 50
square feet
Max. Height: 10 feet
1 Pylon Sign
on Major
Street
frontage only
Max. Area:
110 sq. ft.
Max. Height:
25 feet
Secondary Street
Frontage
Max. 1 on premises
sign
Max. Area: 40
square feet
Max. Height: six feet
Commercial &
Mixed Use Zones
Commercial
Complexes in
Commercial
and Mixed Use
Zones
Sites 25
or more
acres
Same as above
requirements for
sites 10 or more
acres but less than 25
acres
2 Pylon Signs
on Major
Street
frontage only
with
minimum 600
feet of
frontage
Max. Area:
110 sq. ft.
Max. Height:
25 feet
Max. 1 Freeway
Oriented Pylon Sign
Max. Area: 500 sq.
ft.
Max. Height: 60
feet 2
See Section
19.620.080.B.7 for
additional standards
for freeway oriented
signs
Commercial and Mixed
Use Zones - Uses not
within a Commercial
Complex
Max. 1 on premises
monument sign
Max. Area: 25
square feet
Max. Height: six feet
Not Allowed Not Allowed
Uses in the O Zone not
within an Office
Complex
Max. 1 on premises
monument sign
Max. Area: 25
square feet
Max. Height: six feet
Not Allowed Not Allowed
Industrial Zones
BMP, I, AI & AIR Zones
within an Industrial
Complex
Max. 1 on premises
monument sign
Max. Area: 50
square feet
Max. Height: eight
feet
For each additional
300 feet beyond the
first 300 feet of
street frontage, one
additional monument
sign shall be
allowed, up to a
maximum of 3 signs
Not Allowed Not Allowed
BMP, I, AI & AIR Zones
not within an Industrial
Complex
Max. 1 on premises
monument sign
Max. Area: 50
square feet
Not Allowed Not Allowed
Max. Height: eight
feet
Other Zones
Public Facilities
Zone, Schools
and All Other
NonCommercial/
Industrial &
Nonresidential
Uses
Sites Less than 1 Acre
Max. 1 on premises
monument sign
Max. Area: 15
square feet
Max. Height: six feet
Not Allowed Not Allowed
Sites 1 or More Acres
Max. 1 on premises
monument sign
Max. Area: 25
square feet
Max. Height: six feet
Not Allowed Not Allowed
1 See Section 19.620.080.B.7 for additional Freeway Oriented Sign Standards 2 Height measured from adjacent freeway elevation. See Figure 19.620.080.B.7 - Standards for Freeway Oriented Signs
B. Signs in nonresidential and mixed use districts. Signs erected on a site may be any combination of permitted sign types, subject to the limitations for individual sign types listed in Tables 19.620.080 A, B, and C, the following requirements, and any other applicable provisions of this Cchapter.
1. Design review required. Unless exempt from the requirements of this Cchapter, the design and placement of any permanent sign erected in a nonresidential or mixed-use district is subject to review under the Citywide Sign and Design Guidelines.
2. Only on-premises signs permitted. Only on-premises signs are permitted pursuant to the requirements of this Cchapter.
3. Sign program required. All new office and commercial complexes shall require approval of a sign program in compliance with the requirements of Section 19.620.110 prior to issuance of any sign permits.
4. Determining street frontage. Each commercial complex or shopping center shall be allowed to designate only one major street frontage. Where no single street frontage can be identified as the major street frontage or in cases of dispute as to which street frontage is the major street frontage, the Community & Economic Development Director or his/her designee shall designate the major street frontage in conjunction with the review of proposed signs.
5. Mixed use zones. In any zone where both residential and nonresidential uses are allowed, residential uses shall be treated as if they were located in any district where that development type and use would allowed by right and nonresidential uses shall be treated as if they were located in any district where that development type and use would be allowed either by right or subject to a conditional use permit or comparable discretionary zoning approval.
6. Signage allowed for each establishment. Each establishment in a nonresidential or mixed-use zone may have at least one wall sign for each frontage, window or door signs up to 25% of the window area, one shingle or under canopy sign, and one monument sign subject to compliance with the requirements of this Cchapter.
7. Freeway-oriented signs. Unless exempt from the requirements of this Cchapter, all freeway-oriented signs, except for freestanding Special Use Signs that comply with the applicable standards in Table 19.620.080.C, shall require approval of a Minor Conditional Use Permit by the Planning Commission provided that the Commission can make the following findings in addition to those specified in Section 19.730.040 of this Cchapter and if the sign complies with the additional requirements of this Ssection.
a. Findings:
i. A freeway-oriented sign is necessary because signage that conforms to the area and height standards otherwise applicable to the site would not be visible to the travelling public for a distance on the freeway of one-third mile (1,760 feet) preceding the freeway exit providing access to said premises; or for a line-of-sight distance of two-thirds' mile (3,520 feet), whichever is less.
ii. The freeway-oriented sign will not interfere with the driving public's view of a significant feature of the natural or built environment.
b. The freeway-oriented sign shall not be located within 500 feet of a municipal boundary; c. A freeway-oriented sign must be located no farther than 150 feet from a freeway right-of-way, and only on a property that is immediately adjacent to and abutting a freeway right-of-way or separated from a freeway right-of-way by only a public frontage road, a railroad right-ofway, a public flood control channel, or public utility easements. d. Such sign shall be setback at least 150 feet from any lot line adjoining a street or roadway other than a freeway, public frontage road, or similar feature per Ssub-section c. Such sign shall be setback from a residential zone a distance that is equal to or exceeds the height of the sign, whichever is greater, and setback at least five feet from any other interior lot line; e. The sign shall be no closer than 1,000 feet to another freeway-oriented sign on the same or a different lot or parcel;
f. All other freestanding and/or roof business signs must be oriented toward the street or highway frontages from which their permitted areas are calculated; g. Freeway oriented signs may not be used for general advertising for hire.
Figure 19.620.080.B-7: Standards for Freeway Oriented Signs [GRAPHIC]
8. Blade signs. Blade signs are permitted for businesses in Commercial and Mixed-Use Zones with a minimum of 50 lineal feet of building frontage subject to the following requirements:
a. Number. A business may display one (1) blade sign per street frontage or parking lot frontage on an adjacent property.
b. Area. The maximum area of a blade sign shall not exceed one (1) square foot per linear foot of building frontage from which the sign projects.
i. For double-sided signs, sign area shall be taken from one (1) side of the sign only. ca. Height.
i. No projecting sign shall extend above the adjacent eaves of a sloped roof or ptor above the parapet line of a flat roof.
ii. All blade signs shall be a minimum of eight (8) feet above the grade of the adjoining pedestrian right of way.
db. Placement. All blade signs shall be attached to a building, not a pole or other structure. ec. Projection.
i. On the first or second story, no blade sign shall project more than four feet. ii. Above the third story, no blade sign shall project more than six feet from the face of the building wall upon which the sign is mounted.
iii. If any blade sign projects into or over the public right-of-way, an encroachment permit must be obtained from the Department of Public Works.
iv. No sign may project over a public alley.
fd. Design and Development. All blade signs shall comply with Ssections 19.620.060 Minimum criteria for sign design and 19.620.075 Development sStandards for all sign types.
C. Signs in residential districts. Signs erected on properties in residential districts may be any combination of permitted sign types, subject to the limitations for individual sign types listed in this Ssection and any other provisions of this Cchapter
1. Design review required for nonresidential uses. Unless exempt from the requirements of this Cchapter, the design and placement of any permanent sign erected for a nonresidential use is subject to review under the Citywide Sign and Design Guidelines.
2. Residential uses. The following regulations shall apply to residential uses in all residential zones, where applicable:
a. One- and two-family dwellings. One building mounted or freestanding on-premises sign not exceeding three square feet in area or three feet in height is allowed for each separate dwelling unit. On parcels with more than one such dwelling, on-premises signs shall not be combined. Such sign may not be used for the display of commercial messages other than real estate signs subject to compliance with the requirements of Section 19.620.090, Temporary Signs.
b. Planned residential developments, multiple-family dwellings and mobile home parks. For planned residential developments, multiple-family dwellings and mobile home parks, one on-premises building or monument sign, not exceeding 25 square feet in area per display face, is allowed for each public street frontage. Monument signs may not exceed six feet in overall height. In lieu of a freestanding sign, two single-sided, wall mounted-signs not exceeding 25 square feet per display face is allowed for each public street frontage when located at a project entry point.
c. Individual units in multiple unit developments. In all multiple unit developments, individual residential units may display window signs not exceeding 15 percent of the total surface area of each window or 15 percent of the surface area of all windows visible from a public or private right-of-way.
3. Residential Agricultural (RA-5) Zone. Notwithstanding the previous sub-sections, one unlighted onpremises monument sign not exceeding 12 square feet in area and six feet in overall height is allowed subject to applicable permits.
Table 19.620.080.C: Special Use Signs
Type of Sign Maximum Number
Allowed Maximum Area Maximum Height
Drive Thru Restaurant Menu
Boards (see additional standards
related to changeable copy in
Section 19.620.080.C.4.i)
2 freestanding menu
ordering signs per drive
thru lane in addition to
permitted commercial
building and monument
signs allowed per Tables
19.620.080.B and C,
60 square feet total
combined area for
both signs and
maximum 40 sq. ft.
per individual sign
8 feet high
Hazard Signs
As necessary to warn of
hazards pertaining to the
property provided they are
placed at least 75 feet
apart from one another
1 square foot 6 feet high
Historic Signs - Signs for
Designated Historic Resources
(Structures of Merit or Landmarks)
and Contributors to Designated
Historic Districts
See Section 19.620.120 for Historic Sign requirements.
Parking
Lots &
Garages
Where Rates are
Charged
1 sign per street or alley
frontage 25 square feet
6 feet in overall
height for
monument signs
Where Rates are Not
Charged
See Directional Sign
Requirements
See Directional Sign
Requirements
See Directional
Sign
Requirements
Parking
Garages
Only
Message Centers
(Digital Displays)
1 building mounted
message center sign per
entrance to a parking
garage in addition to signs
allowed for parking lots
and garages above
4 square feet n/a
Vehicle
Fuel Station
Signs
Freeway Oriented
Pylon Sign 1 sign 100 square feet 45 feet
Price/Monument Sign 1 sign along major street
frontage 1
50 square feet
Price portion of sign
may not exceed 30
square feet
8 feet
Secondary Price Sign
2 1 sign, along a secondary
street frontage 3 15 square feet 6 feet high
Wall Signs, Primary
Use
Sign allowances shall be
consistent with Table
19.620.080.A based on the
building frontage in lineal
feet
1 square foot of sign
area per lineal foot
of occupant building
frontage
n/a
Wall Signs,
Secondary Uses
1 additional sign allowed
for each use up to a
maximum of 5 signs total.
10 square feet each
Gas Canopy Signs 2 signs per canopy. 15 square feet each Pump Island Signs 2 signs per pump. 4 square feet per
sign n/a
1 For on-site price signs, a major street frontage is considered to be an arterial street as designated by the Circulation Element of the General Plan.
2 No permit for such a secondary price sign shall be issued until the City receives a written communication from the State Department of Agriculture Division of Weights and Measures stating that a secondary price sign is necessary in order to meet the fuel identification requirements. 3 For secondary price signs, a secondary street frontage is considered to be any street not an Arterial Street as designated by the Circulation Element of the General Plan.
Figure 19.620.080.C-1: Drive-Thru Restaurant Sign Standards [GRAPHIC]
Figure 19.620.080.C-2: Vehicle Fuel Station Sign Standards [GRAPHIC]
D. Other sign types. In addition to the requirements in Table 19.620.080.C, the following regulations apply in all zones where the associated use has been established subject to the requirements of this Title of the Zoning Ordinance.
1. Way-finding signs in commercial complexes six or more acres in size. In addition to directional signs allowed by Section 19.620.040.B.1, commercial complexes six or more acres in size that provide public parking are permitted additional directional/way-finding signs to aid traffic circulation within the complex and direct persons to parking areas and specific business functions subject to the following requirements:
a. Signs shall be subject to the approval of a sign program pursuant to Section 19.620.110; b. Signs shall be set back at least 75 feet from any public right-of-way; c. Signs shall not exceed 15 square feet in area or seven feet in height; d. The maximum number and location of directional signs shall be as determined by the approved sign program.
2. Portable signs on private property. Retail sales establishments on private property in pedestrianoriented areas as identified and established through an approved sign program, may have one portable "A-frame" or similar type of pedestrian-oriented sign for ongoing display subject to the approval of a sign program that identifies and establishes a designated pedestrian oriented display area for portable signs (refer to Chapter 19.625 for portable sign requirements in the Pedestrian
Mall, as defined by Article 10, Definitions, of this Title of the Zoning Ordinance). Portable signs shall meet the following requirements:
a. A portable sign may be up to 12 square feet in area and four feet in height and may not exceed a width of four feet.
b. The sign shall be located on private property and within 15 feet of the front door of the place of business.
c. The sign and shall only be displayed during hours when the establishment is open and must be removed and placed indoors each day at the close of business. d. Such signs must be made of durable materials designed to withstand exterior conditions such as smooth particle board, medium density fiberboard or plywood, which are sturdy and designed for paint. All visible surfaces of the sign shall be finished in a uniform or complimentary manner. Borders, artistic enhancements, and graphics reflecting the nature of the related business are encouraged.
e. Portable signs shall be weighted to resist displacement by wind or other disturbances. Portable signs shall not be illuminated, animated, or electrically or mechanically powered in any manner.
f. Portable signs may not be placed in the public right-of-way or in any location where they will impede or interfere with pedestrian or vehicular visibility or traffic or where they are likely to attract the attention of passing motorists.
g. A portable sign shall be located in front of the business and shall not extend into the public right-of-way, or closer than 35 feet from the curb face of any cross-street open to vehicular traffic.
h. A portable sign shall not be located in a landscape planter, permanent seating area, or any location where it may create an impediment to pedestrian, disabled, or emergency access. i. Balloons, banners, flags, lights, pinwheels, umbrellas, or other similar items, shall not be attached to, or made a part of a portable sign.
j. The Community & Economic Development Director or his/her designee may refer the design of a pedestrian mall sidewalk sign to either the Cultural Heritage Board or the City Planning Commission for resolution of design related issues.
k. Maintenance of the sign and any damage or injury caused by the sign is the responsibility of the business owner who shall be required to maintain liability insurance subject to applicable City requirements.
l. Portable signs may be installed as temporary signage subject to requirements of Section
19.620.090.
3. Changeable copy signs. Signs using manually or electronically changeable copy are permitted subject to compliance with the following requirements.
a. The copy of electronically displayed messages may change no more frequently than once every eight seconds except for signs located in a residential district or readily visible from a residential property, which shall not be changed more than twice during any 24 hour period and shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m. b. All electronic message displays shall be equipped with automatic controls to allow for adjustment of brightness based on ambient lighting conditions.
c. Theaters. Theaters offering live performances or motion pictures and having permanent seating may display one on-premises building sign with maximum 1½ square feet of sign area for each front foot of building frontage and one changeable copy building-mounted sign using either manually or electronically changeable copy that comply with the following requirements:
i. Live performance theaters less than 100 permanent seats. One changeable copy marquee up to 50 square feet in area.
ii. Live performance theaters with 100 or more permanent seats. One changeable copy marquee up to 150 square feet in area.
iii. All motion picture theaters. One changeable copy marquee up to 60 square feet in area. d. Elementary, middle and high schools. Elementary, middle and high schools shall be permitted one freestanding or building mounted combination on-premises sign per use as described below:
i. Sites less than 15 acres. One maximum 40 square foot, six foot high static or changeable copy on-premises, monument sign or 40 square foot static or building sign. Changeable copy signs may have either manually or electronically changeable copy. ii. Sites 15 acres or more. One maximum 65 square foot, 15 foot high static or changeable copy on-premises pylon sign, or 65 square foot static or changeable copy building sign.
Changeable copy signs may have either manually or electronically changeable copy. e. Colleges and universities on sites 15 acres or more. Subject to the approval of a sign program pursuant to Section 19.620.110, one maximum 65 square foot, 15 foot high static or changeable copy on-premises pylon sign or 65 square foot static or changeable copy building sign. Changeable copy signs may have either manually or electronically changeable copy. f. Other assemblies of people—non-entertainment. Other public assemblies that are not engaged in commercial entertainment shall be permitted one freestanding or building mounted changeable copy sign as described below:
i. Sites one acre in size or less. The changeable copy monument sign shall be a maximum of 15 square feet in area and six feet in height. The changeable copy building sign shall be a maximum of 24 square feet in area.
ii. Sites greater than one acre and less than 15 acres. The changeable copy monument sign shall be a maximum of 40 square feet in area and six feet in high. The changeable copy building sign shall be a maximum of 40 square feet in area. iii. Sites 15 acres or more. The changeable copy sign pylon sign shall be a maximum of 65 square foot in area and 15 feet in height. The changeable copy building sign shall be a maximum of 65 square feet in area.
iv. Changeable copy signs may be manually or electronically changeable. g. Other assemblies of people—non-entertainment located in a nonresidential complex. Other public assemblies located within an existing office, commercial or industrial complex shall be allowed one changeable copy sign serving that particular use in lieu of the permitted monument sign for the existing multi-tenant office, commercial or industrial complex permitted under 19.620.080 A.
h. Other assemblies of people—entertainment. Assemblies of people—entertainment uses shall be permitted one freestanding or building mounted changeable copy sign, selected from the following options:
i. Sites less than 15 acres. One maximum 40 square foot, six foot high combination changeable copy on-premises monument sign using either manually or electronically changeable copy, or one building-mounted sign shall be permitted, located on the frontage occupied by the use, maximum 1½ square feet of sign area for each foot of the occupancy frontage, not to exceed 100 square feet. A changeable copy sign shall be in lieu of a permitted freestanding or building mounted on-premises sign. The message shall consist of static copy changed no more frequently than twice during any 24-hour period. A changeable copy sign shall be in lieu of a permitted freestanding or building mounted on-premises sign.
ii. Sites 15 or more acres. One maximum 65 square foot, 15 foot high combination changeable copy on premises pylon sign using either manually or electronically changeable copy, or one building mounted sign shall be permitted, located on the frontage occupied by the use, maximum 1½ square feet of sign area for each front foot of the occupancy frontage, not to exceed 100 square feet. A changeable copy sign shall be in lieu of a permitted freestanding or building mounted on-premises sign. The message shall consist of static copy changed no more frequently than twice during any 24-hour period. A changeable copy sign shall be in lieu of a permitted freestanding or building mounted on-premises sign.
iii. Amusement parks over 24 acres within 100 feet of a freeway. In lieu of the freestanding sign allowed above, one changeable copy pylon sign up to 750 square feet in area and 66 feet in height that is oriented toward the adjacent freeway shall be permitted. Copy may be either manually or electronically changeable with letters no more than 30 inches high. Static copy may be changed no more frequently than twice during any 24-hour period. The changeable copy portion of the sign shall not exceed the lesser of 218 square feet or 75 percent of the overall sign size. The sign shall comply with all applicable Caltrans standards for signs adjacent to freeways.
iv. Entertainment venues as defined in Chapter 5.80 (Entertainment permit). Signs for establishments requiring an entertainment permit pursuant to Chapter 5.80 shall be governed by the allowable signage type(s) for the primary permitted use of the establishment.
i. Drive-thru menu boards. Menu boards may contain electronically displayed messages that are static, change no more than three times during any 24-hour period, and are not readily visible from residential properties or the public right-of-way. Such signage shall only be illuminated when the establishment is open for business.
4. Electronic message center sign. Electronic message center signs (EMC) are permitted in commercial complexes ten acres or larger and on parcels with assemblies of people—entertainment uses 15 acres or larger subject to the approval of a conditional use permit and compliance with the following requirements:
a. EMC are only permitted on parcels with frontage on an Arterial Street designated in the circulation and community element of the General Plan and which do not abut or face a residential district.
b. The copy of electronically displayed messages may change no more frequently than once every eight seconds. A minimum of 0.3 second of time with no message displayed shall be provided between each message displayed on the sign.
c. Displays shall contain static messages only, and shall not have movement, or the appearance of optical illusion or movement, of any part of the sign structure, design, or pictorial segment
of the sign, including the movement or appearance of movement of any illumination, or the flashing, scintillating or varying of light intensity.
d. All electronic message displays shall be equipped with a sensor or other device that automatically determines ambient illumination and is programmed to automatically dim according to ambient light conditions or can be adjusted to comply with the following illumination requirements in Ssub-section b of this Ssection. e. EMC illumination requirements. Between dusk and dawn the illumination of an EMC shall conform to the following requirements:
i. The luminance of an EMC shall not exceed 0.3 foot-candles more than ambient lighting conditions when measured at the recommended distance in Table TBD based on the area of the EMC.
ii. The luminance of an EMC shall be measured with a luminance meter set to measure footcandles accurate to at least two decimals. Luminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color capable EMC, or a solid message for a single-color EMC. All measurements shall be taken perpendicular to the face of the EMC at the distance specified in Table 19.620.080.D based on the total square footage of the area of the EMC.
Table 19.620.080.D: Sign Area and Measurement
Distance for Electronic Message Center Signs
Area of Sign (square feet) Measurement Distance (feet)
10 32
15 39
20 45
25 50
30 55
35 59
40 63
45 67
50 71
55 74
60 77
65 81
70 84
75 87
80 89
85 92
90 95
95 97
100 100
110 105
120 110
130 114
140 118
150 122
160 126
170 130
180 134
190 138
200 141
220 148
240 155
260 161
280 167
300 173
*For signs with an area in square feet other than those specifically listed in the table (i.e. 12 sq. ft., 400 sq. ft. etc.), the measurement distance may be calculated with the following formula: Measurement Distance = √Area of Sign in sq. ft. × 100
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 14(Exh. B), 2024; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1004442&datasource=ordbank" web="yes">7505</ulink> § 1(Exh. A), 2020; Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007)
19.620.090 Temporary signs.
Temporary signs may be displayed subject to the requirements of this Ssection.
A. General requirements in Nonresidential and Mixed Use Districts.
1. Temporary sign permit required. Unless specifically exempted from permit requirements pursuant to this Cchapter, temporary signs in nonresidential and mixed-use districts require the issuance of a ministerial permit based on the applicant's statement of compliance with the applicable requirements of this Cchapter.
a. Sign owners or their representatives must apply for a temporary sign permit by completing a form approved by the Community & Economic Development Director that specifies the standards and requirements for temporary signs.
b. The application shall include a site plan and building elevations showing the locations, number, and size of signs, a description of the sign materials and the dates that the sign or signs will be placed and removed;
c. Upon acceptance of a complete application with the required fee, the Community & Economic Development Director or his/her designee shall issue an identification label with a number that shall be affixed to the temporary sign or signs being erected.
2. Number. The maximum number of temporary signs that may be displayed by any establishment at the same time is subject to compliance with the applicable requirements of this Ssection.
The number and area of temporary signs shall not be included in the calculation of aggregate permanent sign area.
3. Sign area and dimensions. The following types of temporary signage are permitted if they comply with the following standards and requirements:
a. Banners. One banner not exceeding 25 percent of the area of a building wall or window of the establishment that is stretched and secured flat against the building wall, window, and does not extend higher than the building eave or parapet wall. No more than one banner is permitted per street frontage for each individual establishment. All such signs shall be securely fastened at each corner to resist displacement by wind or similar disturbances and shall have wind cuts as necessary to reduce sign billowing or sailing. b. Portable signs. Establishments may have one portable "A-frame" or similar type up to six square feet in area and 36 inches in height. Portable signs shall be weighted to resist displacement by wind or similar disturbances and shall only be displayed during hours when the establishment is open. Portable signs may not be placed in the public right-ofway or in any location where they will impede or interfere with pedestrian or vehicular visibility or traffic.
c. Balloons and balloon arches. Individual balloons and balloon arches shall be allowed if they are securely fastened to permanent structures and set back from all driveways and from the public right-of-way a distance equal to the tether of the balloon. Individual balloons shall not exceed 24 inches in diameter. Balloons and balloon arches or clusters shall be tethered at a height that does not exceed the height of the building containing the subject establishment. Any balloon that exceeds 24 inches in diameter shall be considered an inflatable structure and is prohibited.
d. Window signs. Storefront windows shall be subject to the transparency standards under Chapter 19.590.110.
4. Material. Temporary exterior signs shall be made of a durable weather-resistant material.
5. Duration. Unless otherwise specified by these regulations temporary signs may be displayed for a maximum of 30 consecutive days except for that period beginning one week before Thanksgiving and ending one week after New Year's Day. Signs for promotional events and sales shall be removed within seven days of the conclusion of the event and shall be limited to a maximum of 60 total days per year per individual establishment. The total number of days during which all temporary signage including holiday promotions may be displayed shall not exceed 60 days per year.
6. Illumination. Temporary signs shall not be illuminated.
B. Standards for specific temporary sign types.
1. Real estate signs. For real estate offered for sale, rent or lease (not including transient occupancy). On-premises signs conveying information about the sale, rental, or lease of the appurtenant lot, premises, dwelling, or structure, may be displayed without permits in any district if they comply with the regulations and conditions of this Ssubsection. Signs allowed under this Ssection shall be removed within seven days following the closing of the proposed transaction or the withdrawal of the offer or solicitation. The provisions of this Ssubsection do not apply to signs for transient occupancy.
a. Residential properties. Signs may be displayed on a property with a residential principal use subject to the following regulations and conditions:
i. One freestanding real estate sign may be displayed on each frontage; ii. Signs shall not exceed four square feet in area or six feet in overall height. b. All nonresidential properties. On nonresidential properties, and properties containing both legal residential and nonresidential uses, real estate signs may be displayed, using either of the following options:
i. Freestanding signs. One maximum 24 square foot, eight foot high, double-faced, freestanding for sale, rental or lease sign per street frontage is permitted. a. On sites with more than one frontage or on interior lots at least two and one-half acres in size, an option of placing the sign faces at a 45-degree angle to each other is permitted.
b. Signs shall be located at least two feet from public sidewalks and 12 feet from the curbline or from the pavement where curbs are lacking. In no case shall signs be placed in the public right-of-way.
c. If a building sign is installed as permitted in Ssub-section ii below, the freestanding sign herein described shall not be permitted. ii. Building signs. In lieu of a permitted freestanding sign, one real estate sign per frontage, a maximum 24 square feet in area shall be permitted for buildings or occupancies within 63 feet from the back of the curb or from the edge of the paved portion of the public right-of-way where curbs are lacking. In the event a freestanding sign or signs are installed as permitted in Ssubsection b, such a building sign shall not be permitted.
2. Directional signs for open houses. Notwithstanding any other provision in this Cchapter, up to three off-site signs directing the public to "open house" events for the viewing of lots, premises, dwellings or structures that are for sale, lease, or rent, are permitted subject to the approval of the property owner provided they comply with the following standards:
a. No sign or signs shall exceed four square feet in area, or three feet in height from finished grade.
b. The sign or signs may not be placed more than 12 hours before the start or remain more than 12 hours after the conclusion of the open house event.
3. Subdivision signs. In all zones, a maximum of three unlighted double-faced temporary subdivision signs, not exceeding 40 square feet in area per display face and 15 feet in overall height, may be erected and maintained with a subdivision during sale of the lots. Such signs shall be located within the subdivision and shall be a minimum distance of 300 feet apart
from each other. All signs shall be removed at the close of escrow of the model complex houses.
4. Construction site signs. Unlighted freestanding or wall signs not exceeding 32 square feet in area and ten feet in height are allowed in all zones. All such signs shall be displayed only on the lot or parcel on which the construction is occurring and only during the construction period. Such signs and support structures and fasteners shall be totally removed prior to release for occupancy.
5. Protected non-commercial political and free speech signs on residential uses. Non-illuminated temporary signs displaying protected non-commercial messages, maximum four feet in height, totaling no more than six square feet in area; may be displayed at any time. However, during the period of time beginning 60 days before a general, special, primary or runoff election, and ending 15 days after such election, the amount of display area may be doubled.
Flags do not count toward the signage allowed under this provision. This display area allowance is in addition to that allowed under the message substitution policy.
6. Protected non-commercial political and free speech signs on commercial, business, industrial and manufacturing uses. On commercial, business, industrial, and manufacturing uses, nonilluminated temporary signs displaying protected non-commercial messages, maximum six feet in height, totaling no more than 25 square feet in area; may be displayed at any time.
However, during the period of time beginning 60 days before a general, special, primary, or runoff election, and ending 15 days after such election, the amount of display area may be doubled. Flags do not count toward the signage allowed under this provision. This display area allowance is in addition to that allowed under the message substitution policy. (Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 7184 §2, 2012; Ord. 6966 §1, 2007)
19.620.100 Procedures for sign review and approval.
A. Permits generally required. Unless a particular type of sign is specifically exempted from the permit requirement, by a provision of this Cchapter or other applicable law, no person shall erect, change or replace any sign allowed by the provisions of this Cchapter without first having obtained the necessary permits.
1. A permit is required whenever there is a proposed change to the lighting, supports, structure or mounting device of a sign that requires approval of a permit under the California Building Code.
2. When a sign requires design review pursuant to Section 19.710.020 of this Titleof the Zoning Ordinance or a Certificate of Appropriateness under Chapter 20.25 of thisthe Municipal Code, those approvals must be obtained before a sign permit application will be issued.
B. Sign permit process. The application for a sign permit shall be made in writing on a form provided by the Community & Economic Development Director or his/her designee and shall be accompanied by any fee established by City Council resolution. The Director of Community & Economic Development or his/her designee shall create a standard form to be used as an application for a sign permit; when approved, the application shall constitute the permit. A single application may be used for multiple signs proposed for the same lot, parcel or use; however, decisions and conditions may pertain to individual signs. Sign application requirements shall be established by the Community & Economic Development Director or his/her designee as necessary to review sign proposals for compliance with the provisions of this Cchapter. Sign permit applications shall include plans, drawings, and other documentation as specified on a form approved by the Director of Community & Economic Development or his/her designee.
C. Community & Economic Development Director, Planning Commission or Cultural Heritage Board Approval. When approval of a sign permit or a Certificate of Appropriateness is required, the Community & Economic Development Director or his/her designee, Planning Commission and the Cultural Heritage Board shall base their decisions upon the standards and requirements of this Cchapter and Title 20 respectively as applied to the structural and locational aspects of the signs. The decisionmaking authority shall also review signs for consistency with the Citywide Sign Design Guidelines.
1. The Guidelines are intended to provide examples of techniques and approaches that applicants can use to meet the City's expectations for signs for nonresidential uses but are not intended to illustrate all approaches that may be appropriate on a specific site. Where any inconsistency between the requirements of this Cchapter or the Zoning Ordinance is perceived, the requirements of this Cchapter and the Zoning Ordinance shall prevail.
2. The Community & Economic Development Director or his/her designee, Planning Commission, or Cultural Heritage Board may approve a deviation from the sign area and height standards of this Cchapter so long as the total sign area or total height for any individual type of sign does not exceed the sign area and height standards by more than ten percent. a. The request for modification shall be reviewed and decided in the same manner and at the same time as the approval of the associated sign permit, sign program or Certificate of Appropriateness.
b. In order to approve a modification as provided for in this Ssection, the Approval Authority must make the following finding in addition to any other findings that this Cchapter requires for the association application:
i. The proposed modification is consistent with the purposes of this Cchapter; ii. There are unique physical circumstances related to the shape, dimensions, or topography of the property on which the sign is located that make the modification necessary in order to ensure that the sign is visible from the adjacent right-of-way; iii. The proposed modification will not be detrimental to the health, safety, and general welfare of the public or injurious to the environment or to the property or improvements in the surrounding area;
iv. The proposed modification is consistent with the design principles in Section 19.620.060.
D. Conditions of approval. A sign permit application may be approved subject to any of the following conditions, as applicable:
1. Compliance with other legal requirements, including encroachment, building, electrical, plumbing, demolition, mechanical, etc. When such other approvals are necessary, they must be obtained before the sign permit application will be granted.
2. Remedy for outstanding zoning violations: if the sign is proposed to be located on a property on which there is a zoning violation, then the sign permit may be issued upon condition that the violation is remedied before the sign is constructed, or simultaneously therewith.
E. Processing of permit applications. All sign permits applications shall be initially reviewed by the Community & Economic Development Director or his/her designee. When a permit application complies with this Cchapter and all other applicable standards and requirements, the application shall be granted. An application may be approved subject to such conditions as are necessary for full compliance with this Cchapter and all other applicable laws, rules and regulations.
1. Reference to Cultural Heritage Board. When a sign is proposed to be located in a historic district or on a property designated for historic preservation, the Community & Economic Development
Director or his/her designee shall refer the permit application to the Cultural Heritage Board for review and action pursuant to Section TBD of this Cchapter.
2. Notice of incompleteness. The Community & Economic Development Director or his/her designee shall initially review a sign permit application for completeness. If the application is not complete, the Community & Economic Development Director or his/her designee shall give written notice of the deficiencies within 15 business days following submission of the application; if no notice of incompleteness is given within such time, then the application shall be deemed complete as of the last day on which notice of completeness could have been given. If a notice of incompleteness is given, the applicant shall have 15 business days thereafter to file a corrected and complete application, without payment of additional fee.
F. Time for decision. Unless the applicant submits a written request for a time waiver, or consents to a time waiver, the Community & Economic Development Director or his/her designee shall issue a written decision on a sign permit application within 45 business days of when the application is deemed complete. Failure to issue such a decision in a timely manner shall be deemed a denial of the application, and create an immediate right of appeal to the Planning Commission. In cases where the Community & Economic Development Director or his/her designee refers the permit application to the Cultural Heritage Board, then the time for decision shall be according to the time limits prescribed for hearings and approvals in Title 20 of the RMC.
G. Permits issued in error. In the event that a sign permit is issued, and the issuance is found to be in error at any time before substantial physical work on actual construction has been accomplished, then the permit may be summarily revoked by the City simply by giving notice to the permittee; such notice shall specify the grounds for revocation. In such event, the applicant may reapply within 30 calendar days for a new permit, without paying a new application fee.
H. Fees for signs constructed without a permit. Where work for which a permit is required by this Cchapter is performed prior to obtaining such permit, the following late permit fees shall apply. The permit fees shall be computed based upon the date on which application is made for a sign permit, design review approval or Certificate of Appropriateness, or a variance, whichever process is first necessary to obtain a sign permit:
1. When application is made within 30 days after first notice has been given of the violation, the permit fee shall be two times the established permit fee.
2. When application is made between 31 and 45 days after first notice has been given of the violation, the permit fee shall be four times the established permit fee.
3. When application is made over 45 days after first notice has been given of the violation, the permit fee shall be ten times the established permit fee.
4. After an application submittal for a sign permit, design review approval or Certificate of Appropriateness, or variance, additional time limits may be established for the securing of permits and completion of any additional sign work that may be required. If such time limits are not adhered to, the amount of time by which the deadline(s) is (are) missed shall be added to the time periods noted above for the purpose of establishing the final permit fee.
5. In no case shall a late permit fee be assessed in excess of $1,000.00.
I. Site approval cards. A site approval card will be issued for each sign for which a sign permit is issued.
Each sticker is applicable to only one sign and for only the location specified in the permit. The sticker is not transferable from one sign to another; however, the sticker is transferable to a new owner or lessee. Stickers must be maintained in a legible state.
J. Sign contractors.
1. Responsibility for securing permits. It shall be the duty of the contractor or person, who erects, installs, paints, constructs or alters a sign to secure all necessary permits for such work. It shall be the responsibility of the property owner and/or lessee to assure that the contractor is properly licensed and bonded, and that the contractor secures all necessary permits. No sign contractor shall install a sign for which a permit is required unless such permit has been duly issued before construction work begins. A sign permit shall not be issued unless the sign contractor's name and contact information appears on the permit application.
2. Identification label. All signs installed by sign contractors have attached to them an identification label, not exceeding four square inches in size, listing the following information: name of sign contractor, City permit number, electrical current, month and year erected.
3. Violations by sign contractors. Wherever a sign violation has occurred, it shall be the duty of the Community & Economic Development Director or his/her designee to determine which sign contractor, if any, performed the sign work. The following procedure shall be followed in pursuing sign contractors installing signs for which a valid permit has not first been secured, or in violation of permit terms and conditions:
a. First violation. A letter shall be sent by certified mail to the sign contractor setting forth the City's requirements for sign permits and indicating that future violations will result in a complaint being filed with the Contractors' State License Board and/or legal action being taken against said contractor.
b. Second violation. A complaint shall be filed with the Contractors' State License Board and a copy of such complaint shall be sent to the sign contractor with a letter indicating that legal action may be taken if further violations occur. All correspondence shall be by certified mail. c. Third and subsequent violations. Legal action may be taken against the contractor, using any method authorized by law.
K. Creative Sign Permit.
1. Purpose. This section establishes standards and procedures for the review and approval of Creative Sign Permits. The purposes of a Creative Sign Permit are to:
a. Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, creativity and thoughtfulness; and
b. Provide a process for the flexible application of sign regulations in ways that will allow creatively designed signs.
2. Applicability. An applicant may request approval of a Creative Sign Permit for signs in Commercial, Mixed-Use, and Industrial Zones in order to allow a design approach that differs from the provisions of this Chapter but comply with the purpose and findings of this Section.
3. Application rRequirements. A Creative Sign Permit application and fee shall be submitted in accordance with Chapter 19.660 General Application Processing Procedures.
4. Approval aAuthority. An application for a Creative Sign Permit shall be subject to review and approval by the Community & Economic Development Department Director or designee pursuant Chapter 19.650 – Approving and Appeal Authority.
5. Findings. In approving an application for a Creative Sign Permit, the Community and Economic Development Director or designee shall ensure that the proposed sign meets the following design criteria:
a. Design qQuality. The sign shall:
i. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;
ii. Be of unique design, and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness;
iii.Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture; and
iv. Utilize creative illumination and dimensional lettering techniques. Examples include but are not limited to combinations of lighting and lettering techniques such as exposed neon, halo lighting, external decorative lighting, reverse pan channel letters, pin mounted letters, built up letters, and routed out letters. b. Contextual cCriteria. The sign shall contain at least one (1) of the following elements:
i. Classic historic design style compatible with the historic character of the building or site; ii. Creative design reflecting current or historic character of the sign’s surroundings; or iii. Inventive representation of the logo, name, or use of the building or site. c. Architectural cCriteria. The sign shall:
i. Utilize or enhance the architectural elements of the building or site; and ii. Be placed in a logical location in relation to the overall composition of the building’s façade or site design.
d. Impacts on surrounding uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses. (Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007)
19.620.110 Sign programs.
A. Purpose. The purpose of a sign program is to provide a unified record of signs and to promote coordinated signage for all development subject to discretionary review. The sign program shall demonstrate how it:
1. Improves the safety and welfare of the general public by minimizing distractions, hazards, and obstructions from sign design or placement;
2. Provides for sign design or placement appropriate for the area;
3. Incorporates sign design and placement related to architectural and landscape features on site;
4. Incorporates sign design, scale, and placement oriented to pedestrian traffic; and,
5. Incorporates sign design, scale, and placement oriented to vehicular traffic.
6. Contributes to and maintains a consistent visual theme for the development.
B. Applicability.
Sign program required. A sign program is required for multi-occupancy nonresidential or mixed-use developments with three or more separate lease spaces or establishments for which an application for a sign program was not deemed complete on the effective date of the adoption of this Ssection. A sign program may be required for any existing nonresidential or mixed-use development with three or more separate lease spaces or establishments for which an application for renovation has been
submitted after the effective date of this Cchapter. The Community & Economic Development Department Director, or his/her designee, may require that a renovation project be subject to sign program to ensure that signage is designed to maintain a consistent visual theme coordinated with the design of the development.
C. General requirements.
1. The lot or lots involved must be contiguous and constitute a single cohesive development, and all signs to which the program applies shall be contained within the development.
2. All signs must be designed to conform to the Design Principles in Section 19.620.060 of this Cchapter and the Citywide Design Guidelines for Signs.
3. All signs shall comply with the requirements of this Cchapter regarding the maximum number of signs based on road frontage, maximum sign area, illumination, and materials. Deviations from sign design standards shall only be permitted pursuant to Section 19.620.110.H of this Cchapter.
D. Required submittals. Applications for a sign program shall include all plans, drawings and other documentation specified in requirements issued by the Director of Community & Economic Development or his/her designee. Sign programs shall be processed pursuant to Section 19.620.100.
E. Findings. The Community & Economic Development Department Director, or his/her designee, or the Planning Commission as required by this Cchapter will only approve a sign program if the following findings are made:
1. That the proposed signs are in harmony and visually related to:
a. Other signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type or sign shape.
b. The buildings they identify. This may be accomplished by utilizing materials, colors or design motifs included in the building being identified.
c. The surrounding development. Approval of a planned sign program shall not adversely affect surrounding land uses or obscure adjacent conforming signs.
2. That the sign program provides adequate guidance to business owners and sign contractors to ensure conformance with the Design Principles in Section 19.620.060 of this Cchapter and the Citywide Design Guidelines for Signs
3. That the sign program ensures that future signs will comply with all provision of this Cchapter, including development standards, such as but not limited to, number of signs, location of signs and sign size, as well as any approvals granting deviating from the sign standards.
F. Phased developments. Application for a sign program for a phased development must be submitted prior to issuance of any building permits for a first phase of development and approved prior to building occupancy for the first phase of development. Where the initial sign program for a first phase of development does not address future phases of development, an application for amendments to the initial sign program must be submitted prior to issuance of any building permits for subsequent phases and approved prior to building occupancy of each phase for which the sign program is amended.
G. Addition, removal, replacement or modification of signs within a previously approved sign program. On a development site subject to Section 19.620.100 B, the following shall apply:
1. Whenever the total number of signs to be added, removed, modified or replaced totals less than 25 percent of the number of permitted signs presently on the site, the signs shall be reviewed pursuant
to the existing sign program. If the site does not have an approved sign program, then each individual sign shall be reviewed pursuant to the standards of this Cchapter.
2. When the total number of signs to be added, removed, modified or replaced totals 25 percent or more of the number of permitted signs presently on the site, a standard sign program application shall be required and all signs shall comply with the development standards of this Cchapter.
3. Sign designs may be approved without a Planning Division sign application or further Planning Division design review if the Community & Economic Development Director or his/her designee determines that the design complies in all respects with an approved sign program. This authorization shall not relieve applicants from obtaining other necessary permits or approvals, including but not limited to temporary sign permits, building permits and encroachment permits.
H. Sign program standards. Sign programs provide a comprehensive approach to design that considers a site's unique shape, topography, surrounding conditions and building architecture. As a comprehensive document, adjustments in sign standards may be appropriate to facilitate coherent messaging while not impacting the community. In recognition of the benefits of a cohesive, well thought out sign program, the following modifications of this Cchapter's development standards may be granted as part of a new sign program:
1. Signage on building facades by establishments that do not have frontage on that building façade.
2. Increase in allowable sign area for an individual sign(s) by up to 15 percent. Where there are circumstances for a sign modification, and where findings to support a sign modification can be made pursuant to the Section 19.620.100. Procedures for sign review and approval an additional ten percent increase (25 percent total) may be granted by the Community & Economic Development Director or his/her designee.
3. Allows the transfer of sign area limits from underutilized sign areas to areas that are more practical, through the use of a "sign budget". The sign budget would equal the total allowable sign area of all signs in the development that are of a similar type (building, monument, pilaster, directional, freeway, etc.), as defined by Chapter 19.910.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §22, 2021; Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 7184 §3, 2012; Ord. 6966 §1, 2007)
19.620.120 Historic signs.
A. Purpose and intent. These regulations are intended to further the City's historic preservation efforts by providing for the preservation and restoration of historic and iconic signs and establishment of new signs that reflect the architectural and historic character and identity of designated historic buildings and historic districts in a manner that is consistent with the purposes of this Cchapter.
1. In adopting the provisions in this Ssection, the City Council intends to allow the construction and installation of signs that, while not in compliance with sign regulations elsewhere in this Cchapter, would be in character with the building on which or district within which it is proposed to be located.
2. While encouraging the maintenance and restoration of historic signage, it is not the intent of these regulations to require all signs on a designated historic building to be exact replicas of the signs that would have been on the building when it was new.
B. Responsibilities. All decisions regarding appropriate sign types and applications shall be made in accordance with Title 20 of thisthe Municipal Code. Any appeal of the decision shall be in accordance with Title 20 of thisthe Municipal Code.
C. Signs for designated historic resources (structures of merit or landmarks) and contributors to designated historic districts.
1. Projecting signs, vehicle oriented. In lieu of a permitted building sign, a double faced projecting sign may be installed, provided such sign does not exceed the size allowance for the building sign it replaces, such sign does not project more than 48 inches from the building face, is attached with rigid supports in a manner acceptable to the Building and Safety Division, and the lowermost portion of the sign is located no less than eight feet or more than ten feet above grade level below the sign.
2. Projecting signs, pedestrian oriented. In lieu of a permitted under canopy sign, a maximum four square foot projecting sign may be installed. Such sign shall project no more than 30 inches from the building face, be attached with rigid supports in a manner acceptable to the Building and Safety Division, and the lowermost portion of the sign shall be no less than eight feet or more than ten feet above grade level below the sign.
3. Roof signs. In lieu of permitted freestanding signs pursuant to Section 19.620.080 or vehicle oriented projecting signs allowed by Ssub-section 1, the Board may approve a roof sign where documented evidence can be established for the presence of a roof sign within the period of significance of a building that is a designated structure of merit or landmark or a building that is a contributor to a designated historic district. Such roof sign may be replicated in its original historic size, shape, like-appearing materials, and placement to identify a current use in the building.
D. Certificate of Appropriateness. Any sign governed by this Ssection shall:
1. Be designed to have the appearance of a historic sign appropriate to the building and/or period of significance of the Historic District.
2. Comply with current structural and electrical regulations.
3. Be subject to review and approval per the standards, criteria, and procedures of Title 20 of thisthe Municipal Code.
E. Sign lighting. Lighting shall be in accordance with historically appropriate lighting types. This includes but is not limited to neon, individual incandescent bulbs, and overhead goose-neck lighting, subject to compliance with current electrical Codes.
F. Encroachments into the public right-of-way. Any sign that would encroach into the public right-of-way shall first obtain an encroachment permit from the Public Works Department. See RMC Section
10.16.040 regarding unauthorized signs in the right-of-way.
G. Procedures. In considering the matter, the Historic Preservation Officer or Qualified Designee (HPO) or the Cultural Heritage Board may not approve any sign for the display of off-site commercial messages, and may not consider the message content of any non-commercial message. As to on-site commercial messages, the HPO or Board may not consider the message itself, but may consider whether the manner of presentation is visually consistent with the historical time and theme of the location. Whether the sign is proposed to be used for on-site commercial or noncommercial messages, the HPO or Board may consider the architectural and structural aspects for consistency and harmony with the historical theme and time of the proposed location. Unless time is waived by the applicant, the HPO or Board shall decide the issue within the time frames specified in Title 20 of thisthe Municipal Code.
(Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007)
19.620.130 Nonconforming signs.
Any sign lawfully erected and maintained prior to the effective date of this ordinance, but which does not conform to the provisions of this Cchapter, or because of a zone change after the effective date of this Cchapter affecting the property upon which the sign is located ceases to comply with the applicable zone district regulations, is a nonconforming sign. The purpose of the regulations in this Ssection is to limit the number and extent of nonconforming signage by prohibiting alteration or enlargement of such signage so as to increase the discrepancy between their condition and the standards and requirements of this Cchapter.
A. Continuance and maintenance. Nonconforming signs that were legal when first installed, and which have not been modified so as to become illegal, may be continued, except as otherwise provided in this Ssection.
1. Reasonable and routine maintenance and repairs may be performed on signs that are nonconforming provided there is no expansion of any nonconformity with the current requirements of this Cchapter.
2. A sign that did not conform to law existing at the time of its erection shall be deemed an illegal sign and shall not be a nonconforming sign. The passage of time does not cure illegality from the outset. Pursuant to the applicable requirements of State law, the City may require that an illegal sign be removed or be replaced by a conforming sign.
3. A sign is subject to the standard procedures for abatement of nuisance if it is found to be unsafe because the structure creates an immediate hazard to persons or property.
B. Alterations and additions to nonconforming signs. No nonconforming sign shall be moved, altered, or enlarged unless required by law or unless the moving, alteration or enlargement will result in the elimination or substantial reduction of the sign's nonconforming features.
C. Amortization.
1. Abandonment of nonconforming sign. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of 90 days, the nonconforming sign shall be removed as provided for in State Llaw and Section 19.620.140, Enforcement, of this Cchapter.
2. Damage to or destruction of nonconforming sign. Whenever a non-conforming sign is damaged by any cause other than intentional vandalism and repair of the damage would not exceed 50 percent of the replacement cost based on an independent professional appraisal, the sign may be restored and the non-conforming use of the sign may be resumed, provided that restoration is started within one year and diligently pursued to completion. a. Whenever a nonconforming sign is destroyed by any cause other than intentional vandalism and repair of the damage would exceed 50 percent of the reproduction cost based on an independent appraisal, such sign may be only be restored, reconstructed, altered or repaired in conformance with the provisions of this Cchapter. b. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the sign to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire sign, as it existed prior to the damage or destruction.
c. Estimates for this purpose shall be made or shall be reviewed and approved by the Community and Economic Director or his/her designee.
3. Change in use or occupancy. Whenever there is a change in use or occupancy in a tenant space or property on which there is a nonconforming sign(s), the nonconforming sign(s) shall be removed or brought into compliance with the provisions of this Cchapter prior to the start of operations.
4. Historic signs. Signs associated with designated historic or cultural resources, or eligible for historic or cultural resource designation as determined by the Historic Preservation Officer, shall be exempt from this Ssection.
D. Signs rendered nonconforming by annexation. Any sign that becomes non-conforming subsequent to the effective date of this Ssection by reason of annexation to the City of the site upon which the sign is located, shall be subject to the provisions of this Ssection. (Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007)
19.620.140 Enforcement.
The Community & Economic Development Director or his/her designee may enforce the provisions of this Cchapter by appropriate permit decisions, orders and directives. Such decisions, orders and directives may include, but are not limited to, orders to get a permit or to comply with permit conditions, orders to remove, repair, upgrade, repaint, replace or relocate any sign. All such decision, orders and directives are subject to appeal as provided in this Cchapter. Any failure to follow a valid order or directive issued by the Community & Economic Development Director or his/her designee shall be deemed a violation of this Cchapter and may be remedied in the same manner as any violation of Title 19 (Zoning) of the Riverside City Municipal Code. Notice of all decisions, orders and directives shall be deemed given when mailed to the last known address of the responsible party or parties.
A. Responsible parties. Sign related rights, duties and responsibilities are joint and several as to the owner of the property, the owner of any business or other establishment located on the property, and the owner of the sign. Any repair, painting, alteration, or removal will be at the expense of the property owner or business owner as applicable.
B. Abandoned signs. Any on-site commercial sign associated with a business that has ceased operations for 90 days may be deemed an abandoned sign, and may be ordered removed within ten business days. The removal duty falls jointly and severally upon the party which used the sign as part of the business and the owner of the land on which the sign is mounted or displayed.
C. Unremedied violations as public nuisance. When the Community & Economic Development Director or his/her designee has given a notice of decision, order or directive regarding a sign or sign permit, and any noticed deficiency remains uncured 30 calendar days after the notice has been mailed, the City may enforce any violation and seek any remedy authorized by law, including but not limited to those methods available for any violation of the City's zoning laws, general laws, state or federal law, whether by administrative proceedings, a criminal action, and/or a civil lawsuit for abatement of nuisance (which may include requests for declaratory and injunctive relief), or abatement or removal by the City at the cost of the responsible parties, reimbursement for which may be secured by a lien recorded against the property. In any civil court action the prevailing party shall be entitled to an award of costs and reasonable attorneys' fees.
D. Removal by City: Public hearing. In the event that the Community & Economic Development Director or his/her designee seeks a cure or remedy by removal of the subject sign by the City,
then the responsible parties shall be given 30 calendar day notice of a public hearing before the City Council to determine if the subject sign is a public nuisance and if the City should remove it if the responsible parties fail to do so with 30 calendar days after the City Council decision, or any other corrective action the Council may consider. All responsible parties shall be given notice of such hearing by certified mail, prepaid postage, addressed to their last known address. At such hearing, all responsible parties shall be given an opportunity to be heard, to present evidence and argument, to challenge the Community & Economic Development Director or his/her designee's decision, and to be represented by counsel.
E. Removal by City: Actual removal, redemption. If, following the public hearing, the Council authorizes removal of the subject sign by the City; said removal may take place at any time five or more calendar days following the hearing and decision. The City may remove the subject sign by its own force, or by a contracted agent. Any removed sign shall be stored by the City for at least 30 calendar days, during which time the City shall take all reasonable efforts to notify the sign owner that the sign is in the City's possession and may be redeemed by reimbursing the City for the cost of removal. If the sign owner fails to redeem the sign within 30 calendar days of the notice, then the City may dispose of the sign by any means it deems appropriate. If the sign is sold, then the net proceeds of such sale shall reduce the reimbursement owed to the City by the responsible parties.
F. Remedy by City. In the event that a valid directive or order of the Community & Economic Development Director or his/her designee is not followed, and is not timely appealed, then the Community & Economic Development Director or his/her designee may give 30 calendar day written notice and opportunity to cure, to the responsible parties that the City shall take corrective action and assess the cost of doing so as a lien against the property, using such procedures as are required by state or local law. The Community & Economic Development Director or his/her designee may grant a reasonable extension of time, not to exceed 120 calendar days to effect the required correction, if the owner or occupant of the premises has made proper application for a new sign which would accomplish the same result.
G. Removal—Scope. If the option of removing a sign or signs is exercised, whether by private parties or by the City, said sign(s) shall be completely removed, including all poles, structures, electrical equipment, cabinets and sign faces. Building walls, grounds or other items on which such signs have been placed shall be restored to good repair and appearance. (Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007)
19.620.150 Definitions.37
The following words and phrases shall have the following meanings when used in this Cchapter. In the event of a conflict between the definitions in this Ssection and in Article X, Definitions, of this Titleof the Zoning Ordinance, the terms in this Ssection shall apply.
A-frame sign means a portable upright, rigid, self-supporting frame sign in the form of a triangle or letter "A". Other variations of such signage may also be in the shape of the letter T (inverted) or the letter H.
Figure 19.620.150.A: A-Frame Sign
37 Sec. 19.620.150 Definitions--Contd. Definition duplicative of Title 1 should be stricken as shown. Also, minor corrections are suggested as shown. (FOOTNOTE 348 IN EXHIBIT 2)
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Abandoned sign means a sign remaining in place or not maintained for 90 days that does not provide direction for, advertise or identify a legally established and actually operating establishment, business, product, or service available on the establishment premises where the sign is located.
Advertising statuary means a statue or other three dimensional structure with a minimum dimension of at least six inches in the form of an object that identifies, advertises, or otherwise directs attention to a product or business but not including a three-dimensional sign that is affixed to a building.
Area of signs (sign area) means the area within the perimeter of one or two contiguous or overlapping rectangles of a size sufficient to enclose the outer limits of any writing, representation, emblem, logo, figure or character. Sign area does not include supporting structures such as sign bases and columns that contain no lettering or graphics except for addresses or required tags. (See Section 19.620.070.R, Calculation of Sign Area, for specific rules for measuring the area of different sign types.) Area identification sign means a permanent sign that identifies a residential area, shopping district, industrial district, or any area identifiable area.
Awning sign means a sign affixed permanently to the outside surface of an awning.
Balloon. (See "inflatable sign").
Banner sign or banner means a sign made of fabric or any non-rigid material with no enclosing framework on which a message or image is painted or otherwise affixed.
Bench sign means a sign painted on or affixed to a bench or similar structure located in or near a public right-of-way, public transportation terminal, park, or other public property.
Blade sign means a double-sided sign oriented perpendicular to the building wall on which it is mounted. (See "projecting sign")
Billboard means a sign used for the purpose of general advertising for hire when some or all of the display area is used to display the messages of advertisers or sponsors other than the owner or an occupant of the property on whose property where the sign is located. Such signs are sometimes called outdoor advertising.
Building frontage. As used in this Cchapter, the linear measurement of exterior walls enclosing interior spaces which are oriented to and most nearly parallel to public streets, public alleys, parking lots, malls or freeways.
Building identification sign means a sign that contains the name and/or trademark and/or address of the building to which it is affixed or of the occupant located therein but does not include general advertising for hire.
Building sign means a sign with a single face of copy that is painted or otherwise marked on or attached to the face of a building wall, mansard roof or canopy fascia. Signs placed on a mansard roof are building signs if they do not extend above the roofline or top of the parapet of the main building wall to which the mansard roof is attached.
Bunting. (See "pennant")
Business sign means a sign that directs attention to the principal establishment, business, profession, activity or industry located on the premises where the sign is displayed, to type of products sold, manufactured or assembled, or to services or entertainment offered on such premises.
Cabinet sign means an internally illuminated sign consisting of frame and face(s), with a continuous translucent message panel; also referred to as a panel sign.
Canopy sign means a sign attached to a fixed overhead shelter used as a roof, which may or may not be attached to a building.
Changeable copy sign means a sign displaying a message that is changed by means of moveable letters, slats, lights, light emitting diodes, or moveable background material. "Digital signs," "dynamic signs," and CEVMS (changeable electronic variable message signs) are all within this definition.
Channel letters means three-dimensional individual letters or figures typically made of formed metal, usually with an acrylic face, with an open back or front, illuminated or non-illuminated, that are affixed to a building or to a freestanding sign structure by sliding the letters into channels.
Channel letter sign means a sign with multiple components, each built in the shape of an individual dimensional letter or symbol, each of which may be independently illuminated, with a separate translucent panel over the letter source for each element.
City means the City of Riverside California.
Civic organization sign means a sign which contains the names of, or any other information regarding civic, fraternal, eleemosynary or religious organizations located within an unincorporated community or city, but which contains no other advertising matter.
Commercial complex has the meaning provided in means Section 19.910 of this Title the Zoning Ordinance.
Commercial mascot means a person or animal costumed or decorated to function as a commercial advertising device. Includes "sign twirlers", "sign clowns", "human sandwich boards", and persons or animals holding or supporting any sign or advertising device displaying commercial speech or conveying a commercial message. The definition also applies to robotic devices intended to simulate a live person and/or animal.
Commercial speech or commercial message means an image on a sign that concerns primarily the economic interests of the message sponsor or the viewing audience, or both, or that proposes a commercial transaction.
Consistent means free from variation or contradiction.
Construction sign means a temporary sign that describes a planned future development project on a property in words and/or drawings.
Copy means the visually communicative elements mounted on a sign. Also called sign copy.
Digital display means a display method utilizing LED (light emitting diode), LCD (liquid crystal display), plasma display, projected images, or any functionally equivalent technology, and which is capable of automated, remote or computer control to change the image, either in a "slide show" manner (series of still images), or full motion animation, or any combination of them.
Directional sign means an exterior on-site sign that directs or guides pedestrian or vehicular traffic and which does not include general advertising for hire but may direct persons to specific parts of the establishment that have separate exterior entrances. Examples include handicapped parking, one-way, exit, entrance, rest rooms, emergency room, garage, and such similar functions.
Directory sign means a freestanding or wall sign that identifies all businesses and other establishments located within a commercial or industrial complex or an institutional establishment.
Electronic message center sign (electronic message display) means a sign that uses digital display to present variable message displays by projecting an electronically controlled pattern and which can be programmed to periodically change the message display. See "digital display." Figure 19.620.150.B: Electronic Message Center Sign
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Establishment means any legal use of land, other than long-term residential, which involves the use of structures subject to the Building Code. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and libraries, but does not include single-family homes, mobile homes, residential apartments, residential care facilities, or residential condominiums. Multi-unit housing developments are considered establishments during the time of construction; individual units are not within the meaning of establishment once a certificate of occupancy has been issued or once a full-time residency begins.
Externally illuminated sign means any sign that is lit by a light source that is external to the sign directed towards and shining on the face of the sign.
Feather banner means a type of vertical banner made of flexible materials, (e.g., cloth, paper, or plastic), the longer dimension of which is typically attached to a pole or rod that is driven into the ground or supported by an individual stand. Also called a "swooper" or "teardrop" banner. Also known as quill signs or quill banners.
Figure 19.620.150.C: Feather Banner
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Flag means a piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol, which is capable of movement, or fluttering in moving air or wind.
Flashing or scintillating sign means a sign which, by method or manner of construction or illumination, flashes on or off, winks or blinks with varying light intensity, shows motion or creates the illusion of motion, or revolves to create the illusion of being on or off. This definition does not include changeable copy signs with displays that change less frequently pursuant to the requirements of this Cchapter. See "changeable copy sign."
Freestanding sign means a sign supported by structures or supports that are placed on, or anchored in, the ground and which are structurally independent from any building including "monument signs", "pole signs", "pylon signs" and "ground signs."
Freeway-oriented sign means a freestanding sign that orients primarily to the traveling public using a freeway or expressway, and installed for the purpose of identifying major business locations within certain commercial zoning districts in close proximity to a freeway or expressway.
Fuel pricing sign means a sign that indicates, and limited to, the brand or trade name, method of sale, grade designation and price per gallon of gasoline or other motor vehicle fuel offered for sale on the business premises, and such other information as may be required by county ordinance or state law, such as California Business and Professions Code Ssection 13530 et seq..
General advertising for hire means the enterprise of advertising or promoting other businesses, establishments or causes using methods of advertising, typically for a fee or other consideration, in contrast to self-promotion or on-site advertising.
Ground sign means a sign that is permanently supported upon the ground by poles or braces and is not attached to any building or other structure. These may include freestanding pole signs and movement signs. See freestanding sign.
Hanging sign. See "shingle sign."
Illuminated sign means a sign that is illuminated with an artificial source of light incorporated internally or externally.
Industrial complex. See Section 19.910 of this Title of the Zoning Ordinance.
Inflatable sign means a balloon or other inflatable device (e.g., shaped as an animal, blimp, or other object) that is displayed, printed, or painted on the surface of an inflatable background.
Interpretive historic sign means a sign located within a historic district or a designated historic street right-of-way as approved by the Cultural Heritage Board in accordance with adopted design guidelines for this type of sign. Also known as "historic sign".
Lighted sign means a sign that is illuminated by any artificial light source, whether internal, external or indirect.
Major street frontage means the major 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. See building frontage and secondary frontage.
Mansard sign means a sign attached below the deck line or principal roofline of a mansard roof or similar roof-like façade.
Figure 19.620.150.D: Mansard Sign
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Marquee sign means a sign that advertises an event, performance, service, seminar, conference, or show, and displayed on a permanent roof-like structure or canopy made of rigid materials supported by and extending from the facade of a building.
Figure 19.620.150.E: Marquee Sign
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Mobile sign means any sign carried or conveyed by a vehicle.
Monument sign means a low-profile freestanding sign erected upon or supported solely by a planter, pedestal base, or similar ground structure approximately the same width as the sign and which is designed to incorporate the architectural theme and building material of the building on the premises. Internal supports, poles or pylons, if any, are enclosed by decorative covers or otherwise not exposed to view.
Moving image sign (animated sign) means a sign or any portion thereof on which the communicative image rotates, moves, or appears to move in some manner, whether by mechanical, electrical, natural, air activation or other means.
Mural means a work of graphic art on an exterior building wall that may or may not contain a commercial logo or trademark but does not serve to advertise or promote any business, product, activity, service, interest, or entertainment and is not general advertising for hire.
Neon sign means a sign comprised partially or entirely of exposed small diameter tubing that is internally illuminated by neon, argon or other fluorescing gas.
Non-commercial message means a message or image on a sign that directs public attention to or advocates an idea or issue of public interest or concern but is not advertising for hire and or does not promote any business, product, activity, service, interest, or entertainment.
Off-site sign means a sign that advertises commercial products, accommodations, services or activities not provided in or on the property or premises upon which it is located. The on-site/off-site distinction does not apply to non-commercial messages.
On-site sign (also: on-premises sign) means a sign that advertises the commercial business, establishment, accommodation, services or activities provided on the premises on which the sign is located, or is expected to be provided in the near future [i.e., "coming soon" movie posters]. All establishments within a shopping center are on-site as to any sign(s) also located within that shopping center. Where such center is subject to master sign program, all establishments subject to the program are considered on-site whenever located within any location subject to the program. As to construction site signs, "on-site" includes all parties involved in the specific construction project.
Pedestrian Mall. See Section 19.910 of this Title of the Zoning Ordinance.
Pennant means a device made of flexible materials, (e.g., cloth, paper, or plastic) that is typically triangular or swallow-tail in shape, may or may not contain copy, and which is installed for the purpose of attracting attention. Does not include pennants used for watercraft signaling purposes. For the purposes of this Cchapter, bunting a form of banner or pennant that is typically presented and displayed in a folded or gathered fashion or combination is considered a pennant.
Permanent sign means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non-moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. Contrast: temporary sign.
Placard means a poster or similar sign for public display.
Pole sign means a freestanding sign that is supported by one or more exposed poles that are permanently attached directly into or upon the ground.
Political sign means a sign that advertises a political candidate, a political party, or a political issue including but not limited to a local, state or national election. See "non-commercial message."
Portable sign means a freestanding sign that is not permanently affixed, anchored or secured to either the ground or a structure on the property it occupies.
Projecting sign means a building wall sign, the surface of which is not parallel to the face of the supporting wall and which is supported wholly by the wall. See "blade sign." Projected sign means a visible image, intended to be communicative, that is created by projecting light onto a solid surface, whether by means of drones or search light or other light projecting device.
Public transportation sign means a sign that is placed on a structure, such as a bench or shelter, located on a public alley, road, street, parkway or highway, for the purpose of facilitating the use of public transportation and promote the safety, comfort and convenience of public transit patrons. Includes signs on bus shelters and bus benches.
Pylon sign means a freestanding sign that is supported and in direct contact with the ground or one or more solid, monumental structures or pylons and which typically has a sign face with a vertical dimension that is greater than its horizontal dimension.
Figure 19.620.150.F: Pylon Sign
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Real estate sign means a temporary sign that advertises the sale, lease or rental of the property but not including signs on establishments offering transient occupancy such as hotels, motels, and inns.
Revolving sign means a sign or any portion thereof, which rotates, moves or appears to move in some manner by mechanical, electrical, natural or other means. Includes "tri-vision" signs with rotating triangular prisms.
Roof sign means any 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. Roof sign shall not include a sign attached to a mansard roof pursuant to the definitions of building sign and mansard roof or a vertical sign as defined in this Ssection.
Secondary street frontage means any street frontage other than a major street frontage.
Shingle sign means a sign that hangs from a canopy or awning or from the roof of an arcade or passageway.
Sign face means an exterior display surface of a sign including non-structural trim exclusive of the supporting structure. The area of a sign that is available for mounting and public display of the visually communicative image.
Sign spandrel means a sign or group of signs located between or extending from the supporting columns of a canopy structure.
Subdivision entry sign means a temporary sign which provides necessary travel directions to and within a subdivision offered for initial sale or lease, but which contains no other advertising matter.
Temporary sign means a sign or advertising display constructed of fabric, cardboard, plywood or other light material, with or without a frame that is designed or intended to be displayed for a short period of time. Temporary signs do not include permitted portable signs such as A-frame signs that are required to be removed when an establishment is not open.
Tenant sign means a sign that identifies a tenant, occupant, or establishment whether residential or commercial and provides no other advertisements or product identification.
Traffic sign means a sign for traffic direction, warning, and roadway identification. Includes signs displaying traffic rules, such as "one way" and "speed limit".
Under-canopy or under-marquee sign. See "shingle sign." Vehicle display sign means a sign mounted, attached, affixed or painted on a vehicle, trailer or similar conveyance parked on public or private property that serves to promote any business, product, activity, service, interest or entertainment for the purpose of general advertising for hire on the property where the vehicle is located.
Wall sign (or wall-mounted sign) means a sign affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of such building and is not projecting more than 18 inches from the building face or from a permanent roofed structure projecting there from.
Way-finding sign means a sign that is designed and located to provide orientation and direction to a destination or destinations within a specific geographic area or commercial or institutional complex.
Window sign means a sign with a single face of copy that is painted or installed on a glass window or door or located within 24 inches from inside the window in a manner that it can be viewed from the exterior of a structure.
(Ord. 7331 §96, 2016; Ord. 7300 §2, 2015; Ord. 6966 §1, 2007) Chapter 19.623 BILLBOARD SIGNS
19.623.010 Basic policies.
19.623.020 Billboards.
19.623.025 Relocation of existing billboards; billboard relocation agreements
19.623.030 Relocation of existing billboards (On Parcel Annexed into the City of Riverside)
19.623.040 Billboard relocation permit
19.623.050 Severance.
19.623.010 Basic policies.
The policies and principles stated in this Cchapter apply to all billboards within the regulatory scope of this Cchapter. These policies are to prevail over any other provision to the contrary, even if more specific. (Ord. 7331 §97, 2016; Ord. 6966 §1, 2007)
19.623.020 Billboards.
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. No permit shall be issued for any billboard which violates this policy, and the City will take immediate abatement action against any billboard constructed or maintained
in violation of this policy. In adopting this provision, the City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Cchapter.
The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this Cchapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards.
(Ord. 7331 §97, 2016; Ord. 6966 §1, 2007)
19.623.025 Relocation of existing billboards; billboard relocation agreements Notwithstanding any other provision of this chapter, and consistent with the California Business & Professions Code Outdoor Advertising provisions, outdoor advertising signs (billboards) as defined by Chapter 19.910 (Definitions), may be considered and constructed as part of a billboard relocation agreement subject to the following.
A. Intent and Purpose.
a. The purpose of an outdoor advertising sign (billboard) relocation agreement is to reduce the number of billboards in the City by removing existing outdoor advertising signs in exchange for allowing relocation of billboards to more suitable locations, and to provide more attractive, aesthetically pleasing billboard designs and/or electronic message displays.
b. The execution of a billboard relocation agreement shall not operate to change the status of any billboard as a nonconforming use for purposes of this code.
B. Eligibility.
a. Applicant-initiated billboard relocation requests may be initiated by a billboard operator and/or property owner subject to approval by the City Council pursuant to Chapter 19.650 (Approving and Appeal Authority). The City Council reserves the right to deny, approve and negotiate the approval of any applicant-initiated billboard relocation request.
b. The City may initiate a billboard relocation request consistent with state law and as part of a billboard relocation agreement between a billboard operator and/or property owner and the City.
C. Negotiation of Terms.
a. The City Council in its sole and absolute discretion shall negotiate upon terms of the billboard relocation agreement that are acceptable including, but not limited to, revenue sharing, community benefits, takedown/removal ratios, billboard sign type, sign
dimensions, and location. The City Council shall serve as the final approving authority for any billboard relocation agreement.
D. Development, Operational and Site Location Standards. a. In addition to compliance with requirements negotiated pursuant to an executed billboard relocation agreement, any relocated billboard sign shall comply with the site location, operation and development standards of applicable state law.
19.623.030 Relocation of existing billboards (On Parcel Annexed into the City of Riverside) The Community & Economic Development Director or his/her designee shall have the authority to administratively approve the issuance of a permit for the relocation of an existing billboard, subject to design review, which meets all of the following requirements:
1. The billboard was legally permitted by the County of Riverside or otherwise had legal nonconforming status with the County;
2. The parcel on which the billboard is located was subsequently annexed to the City of Riverside;
3. The City has required the relocation of the existing billboard;
4. The sign will be relocated on the same parcel or property it was originally located;
5. The size of the new or relocated billboard will not exceed the size, area, height, length, width, shape and number of sides or faces of the existing billboard;
6. The new or relocated billboard will constitute an improvement in the aesthetic appearance of the original billboard structure;
7. All proposed lighting for the new or relocated billboard shall be the same or similar to the lighting of the original billboard and, in any case, the new sign will not utilize display technology which creates a moving or changing image, of the illusion thereof; and
8. All costs associated with the relocation and installation of the new or relocated billboard will be borne solely by the billboard owner or applicant. If a new structure is to be built, it must comply with all applicable Building Code and safety requirements. (Ord. 7331 §97, 2016; Ord. 6987 §1, 2008)
19.623.040 Billboard relocation permit
The Community & Economic Development Director or his/her designee shall have the authority to administratively approve the issuance of a billboard relocation permit for the relocation, replacement or
modernization of an existing billboard, subject to design review and approval of a billboard relocation agreement, which meets all of the following requirements as applicable:
1. The billboard was legally permitted by the County of Riverside or otherwise has legal nonconforming status with the City;
2. The City has executed a billboard relocation agreement with a billboard operator/or property owner;
3. The new or relocated billboard will constitute an improvement in the aesthetic appearance of the original billboard structure; and
4. All costs associated with the relocation and installation of the new or relocated billboard will be borne solely by the billboard owner or applicant. If a new structure is to be built, it must comply with all applicable Building Code and safety requirements.
19.623.050 Severance.38
If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or, 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 the Chapter even without any portion which may be held invalid or unenforceable.
(Ord. 7331 §97, 2016; Ord. 6987 §2, 2008; Ord. 6966 §1, 2007) Chapter 19.625 PRIVATE PARTY SIGNS ON CITY-OWNED PROPERTY AND THE PUBLIC RIGHTOF-WAY.
19.625.010 Scope.
19.625.020 Intent as to public forum.
19.625.030 Private party signs generally banned.
19.625.040 Signs which are exempt from the general ban.
19.625.050 Temporary political, religious, labor protest and other noncommercial signs in traditional public forum areas.
19.625.060 Projection of temporary signs over public rights-of-way.
19.625.070 Pedestrian Mall sidewalk signs.
19.625.080 Riverside Plaza Sign (limited forum).
19.625.090 Encroachment.
19.625.100 Enforcement.
38 Sec. 19.623.040 Severance. Text duplicative of Title 1 general provisions should be stricken as shown. (FOOTNOTE 349 IN EXHIBIT 2)
19.625.010 Scope.
This division of the Cchapter states the City's policies for the placement of signs by private parties, or other governmental units, on land or other property owned or controlled by the City. (Ord. 7331 §98, 2016; Ord. 6966 §1, 2007)
19.625.020 Intent as to public forum.
As it relates to the placing of signage on public property, the City declares its intent that all public property in the City shall not function as a designated public forum, unless some specific portion of public property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any.
(Ord. 7331 §98, 2016; Ord. 6966 §1, 2007)
19.625.030 Private party signs generally banned.
Except as expressly allowed by a provision of this Cchapter, or another provision of law, private parties may not display or post signs on public property or in the public right-of-way. (Ord. 7331 §98, 2016; Ord. 6966 §1, 2007)
19.625.040 Signs which are exempt from the general ban.
The following signs are exempted from the general ban: Traffic control and traffic directional signs erected by a governmental unit; official notices required by law; signs placed by the City. (Ord. 7331 §98, 2016; Ord. 6966 §1, 2007)
19.625.050 Temporary political, religious, labor protest and other noncommercial signs in traditional public forum areas.
In areas qualifying as traditional public forums, such as streets, parks and sidewalks, persons may display noncommercial message signs thereon, provided that their sign displayed on public property conforms to all of the following:
A. The signs must be personally held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within 15 feet of the sign at all times.
B. The maximum aggregate size of all signs held by a single person is 12 square feet.
C. The maximum size of any one sign which is personally attended by two or more persons is 50 square feet.
D. The displayed signs may not be inflatable or air-activated.
E. In order to serve the City's interests in traffic flow and safety, persons displaying signs under this Ssection may not stand in any vehicular traffic lane when a roadway is open for use by vehicles and persons displaying signs on public sidewalks must give clearance for pedestrians to pass by. (Ord. 7331 §98, 2016; Ord. 6966 §1, 2007)
19.625.060 Projection of temporary signs over public rights-of-way.
No temporary sign or banner shall extend over or into a street, alley, sidewalk or other public place except those signs placed by the City for the purpose of advertising civic events. (Ord. 7331 §98, 2016; Ord. 6966 §1, 2007)
19.625.070 Pedestrian Mall sidewalk signs.
This Ssection applies only in the pedestrian mall as defined in Article 10 (Definitions).
A. One pedestrian mall sidewalk sign is allowed per ground floor lease space for food service businesses and museums subject to issuance of a sign permit and approval of the Community & Economic Development Director or his/her designee, including conformance with the following location and design criteria:
1. Persons may display a noncommercial message on an A frame or similar portable sign, on the public sidewalk within the pedestrian mall, subject to:
a. A person must be physically present within 15 feet of the sign at all times that it is on display;
b. A pedestrian mall sidewalk sign may not exceed 12 square-feet in overall area, nor a maximum height or width of four feet; and
c. A pedestrian mall sidewalk sign must be weighted so as not to be easily knocked down or blown over. Maintenance of the sign and any damage or injury caused by the sign is the responsibility of the business owner.
B. Location criteria:
1. A pedestrian mall sidewalk sign shall only be permitted as provided herein, within the limits of the downtown pedestrian mall as defined in Article 10 (Definitions).
2. A pedestrian mall sidewalk sign shall be located in front of the business and extend no more than ten feet into the public right-of-way, and not closer than 35 feet from the curb face of any cross-street open to vehicular traffic.
3. A pedestrian mall sidewalk sign shall not be located in a landscape planter, permanent seating area, or any location which may create an impediment to pedestrian, disabled, or emergency access.
C. Design criteria:
1. A pedestrian mall sidewalk sign may not exceed 12 square-feet in overall area, nor a maximum height or width of four feet. No more than 50 percent of the overall sign area may be used for changeable copy.
2. A pedestrian mall sidewalk sign must be constructed of quality materials, such as smooth particle board or medium density plywood, which are sturdy and designed for paint.
3. All visible surfaces of the sign shall be finished in a uniform or complimentary manner.
4. Lettering and graphics shall be of a professional quality. Borders, artistic enhancements, and graphics reflecting the nature of the related business are encouraged.
5. Balloons, banners, flags, lights, pinwheels, umbrellas, or other similar items, shall not be attached to, or made a part of, a pedestrian mall sidewalk sign.
6. The Community & Economic Development Director or his/her designee may refer the design of a pedestrian mall sidewalk sign to either the Cultural Heritage Board or the City Planning Commission for resolution of design related issues.
7. A pedestrian mall sidewalk sign must be weighted so as not to be easily knocked down or blown over. Maintenance of the sign and any damage or injury caused by the sign is the responsibility of the business owner.
8. A pedestrian mall sidewalk sign must be removed and placed indoors each day at the close of business.
9. A pedestrian mall sidewalk sign may not be displayed until the required sign permit, including proof of insurance, has been obtained. A pedestrian mall sidewalk sign permit is required to be renewed annually at the beginning of each calendar year.
10. Every permittee, at his/her sole cost and expense, and during the term of his/her permit or any renewal thereof, shall obtain and maintain liability insurance to the approval of the City's Risk Manager. Prior to the issuance of any permit, the applicant shall file and maintain with the Community & Economic Development Director or his/her designee a valid current policy or sufficient certificate evidencing the policy of liability insurance, covering use of the pedestrian mall sidewalk sign. The policy shall contain an endorsement naming the City as additional insured, shall provide that the City Risk Manager will be given 30 days written notice prior to cancellation or material change, and shall be in such minimum limits as set by resolution of the City Council.
11. Any decision of the Community & Economic Development Director or his/her designee, Cultural Heritage Board, or Planning Commission may be appealed to the City Council within ten days of receipt of notice by permittee.
(Ord. 7331 §98, 2016; Ord. 6966 §1, 2007)
19.625.080 Riverside Plaza Sign (limited forum).
A. Location and purpose. Subject to the requirements of applicable State law, this Ssection authorizes a single, permanent, electronic message center sign on land owned by Riverside Public Utilities, namely APN 223150001. When constructed, such sign shall be a strictly limited forum which may be used only for commercial speech to provide freeway visibility and identification for Riverside Plaza and the establishments located therein.
B. Physical characteristics. Such sign shall be oriented so as to be visible primarily from State Route 91.
Each display face shall not exceed 750 square feet. The maximum number of display faces shall be two. The height shall not exceed 50 feet above the elevation of the freeway travel lane nearest to the sign location. However, the actual approved size and/or height of an electronic message center sign may be less than the maximum dimensions.
C. Permanent identification. For purposes of this Ssection only, "onsite commercial" means messages related to the establishments located within the Riverside Plaza. To the extent the sign is used to display commercial messages, such messages may be only onsite commercial messages, images or logos, with
a maximum of four lines of commercial copy per display face. No offsite commercial messages shall be displayed on the sign. The sign owner may determine any noncommercial messages to be displayed thereon.
D. Property license or lease. The sign shall be permitted only through an approved license agreement or lease between the Riverside Public Utilities and the sign owner. (Ord. 7331 §98, 2016; Ord. 6966 §1, 2007)
19.625.090 Encroachment.
Any sign projecting into the public right-of-way, or into public property, is subject to an encroachment permit.
(Ord. 7331 §98, 2016; Ord. 6966 §1, 2007)
19.625.100 Enforcement.
Any sign posted on public property or the public right-of-way, in violation of the provisions of this Cchapter, is declared to be a trespass and a public nuisance, may be summarily removed by the City without notice, and the persons or parties responsible for such unauthorized posting may be charged with the City's actual costs of removal. In addition, any violation of this Cchapter may be enforced or punished in any manner prescribed by law, including any method provided for enforcement of this Titlethe Zoning Code and a criminal proceeding under the Penal Code.
(Ord. 7331 §98, 2016; Ord. 6966 §1, 2007)
Chapter 19.630 YARD REQUIREMENTS AND EXCEPTIONS
19.630.010 Purpose.
19.630.020 Required yard areas by zones.
19.630.030 Building setback measurements.
19.630.040 Permitted projections into required yards.
19.630.050 Residential rear yard paving requirements.
19.630.010 Purpose.
This Cchapter establishes standards for setback measurement and required yard areas. These provisions, in conjunction with other applicable provisions of this Ttitle, are intended to ensure open areas around primary structures; maintain clear visibility for traffic safety and pedestrian access; buffer incompatible land uses; and establish natural and visual light and air space for privacy, landscaping, and recreation. (Ord. 7331 §99, 2016; Ord. 6966 §1, 2007)
19.630.020 Required yard areas by zones.
The required yard area (front, interior side, street side, and rear) of a lot is the horizontal area between the property line and the minimum building setback distance required for the specific zone in question.
Except as otherwise specified in this Ttitle, required yard areas shall be kept open and unobstructed from the ground upwards, free of any buildings and structures. (Ord. 7331 §99, 2016; Ord. 6966 §1, 2007)
19.630.030 Building setback measurements.
A. General. Except as otherwise specified in this Ssection, all building setback distances shall be measured at right angles from the designated property line, and the building setback line shall be drawn parallel to the designated property line at the required building setback distance. [GRAPHIC]
Figure 19.630.030.A
Building Setback Measurements
B. Front yard setbacks. The front setback building line is a line parallel to the front property line abutting the street, at a minimum distance specified by the base zone measured at right angles from the front property line, except as follows:
[GRAPHIC]
Figure 19.630.030 B
Front Yard Setbacks
1. Corner lots. The front yard setback shall be measured from the narrowest street frontage, subject to approval of the Community & Economic Development Director or his/her designee. Where a lot or parcel of land at the junction of two intersecting streets in any residential zone has frontage on each street over 130 feet in length, front yards of the depth required in the appropriate zone shall be required on both frontages. The Community & Economic Development Director or his/her designee may determine that the front setback shall be established from the longer street frontage if the primary orientation of the building is to that frontage.
2. Flag lots. Regardless of the orientation of the main building, the measurement shall be taken from a parallel line established where the access strip meets the buildable area of the parcel closest to the public street or right-of-way.
3. Through lots. The front yard setback on the street side of a through lot is a line parallel to the property line abutting both streets. In other words, a through lot has two front yards. [GRAPHIC]
Figure 19.630.030.B
Front Yard Setbacks
4. Averaging. For the R-1-7000 Zone, where lots comprising 50 percent or more of the frontage on one side of a street between intersecting streets are developed with front yards setbacks of a greater depth. The average of such front yard setbacks shall establish the front yard setback for the entire frontage on that side of the street within that block.
C. Side yard setbacks. The side setback building lines are the lines parallel to the side yard property lines and perpendicular to the front and rear property lines, at a minimum distance specified by the base zone and measured horizontally from the nearest part of the side lot line to the main building. [GRAPHIC]
Figure 19.630.030.C
Side Yard Setbacks
D. Rear yard setback. The rear setback building line is a line parallel to the rear property line, at a minimum distance specified by the base zone measured at right angles from the rear property line, that extends between the side yards, except as follows:
1. Irregular, triangular or gore shaped lots. The rear yard setback is measured from a line that is opposite, parallel to and at a maximum distance form the front building setback line, having a length of not less than 10 feet.
[GRAPHIC]
Figure 19.630.030.D.2
Rear Yard Setback—Gore Lot
(Ord. 7331 §99, 2016; Ord. 6966 §1, 2007)
19.630.040 Permitted projections into required yards.
A. Cornices, eaves, belt courses, sills bay windows, buttresses, or other similar architectural features may project up to four feet into a required front yard area and may project into a required side or rear yard area up to four inches per one foot of width of such yard.
B. Fire escapes may project up to four feet into any required yard area.
C. Open, unenclosed, and uncovered staircases or balconies may project up to two and one-half feet into any required yard area.
D. Single-story porches may encroach into the required front yard up to 20 percent of the yard length or six feet, whichever is less.
E. Permitted projections into required yards for RA-5, RE, RR and R-1 Zones.
1. Flexible yard setbacks.
a. In the R-1 Zones, on local streets only, where the residential structure has the garage set back ten or more feet from the required front yard setback, the habitable portion of the residential structure may extend into the front setback up to a maximum of five feet. b. In conjunction with the consideration of a tentative tract or parcel map in the R-1-7000 Zone, interior side yard setbacks may be reduced to five feet provided a minimum distance of 15 feet is maintained between adjacent dwellings.
c. In the R-1 Zones, portions of the dwelling may encroach up to ten feet into the required rear yard setback provided that the encroachment does not exceed 500 square feet in total area.
2. Additions to established dwellings. For lawfully established dwellings that do not conform to the side yards required in the RC, RR, RE and R-1 Zones additions may be constructed within such required side yards if such additions are located not closer to the side lot line than the existing dwelling; provided, that in no case shall such additions be located closer than five feet to interior side lot lines or ten feet to street side lot lines.
3. Garage in the R-1-7000 Zone. In the R-1-7000 Zone, a garage that is an integral part of the main dwelling may be located not closer than five feet to any interior side lot line.
F. A minimum distance of three feet shall be maintained between all projections and any property line. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1248964&datasource=ordbank" web="yes">7652</ulink> § 13, 2023; Ord. 7331 §99, 2016; Ord. 6966 §1, 2007)
19.630.050 Residential rear yard paving requirements.
No more than 1,000 square feet of the rear yard shall be paved, or 25 percent of the rear yard area, which ever is less, for parking purposes. A paved driveway must extend to the parking area from a public street or alley. Parking areas greater than 25 percent of the rear yard area or 1,000 square feet which ever is less may be considered under a Minor Conditional Use Permit. (Ord. 7331 §99, 2016; Ord. 6966 §1, 2007)
ARTICLE IX. LAND USE DEVELOPMENT PERMIT
REQUIREMENTS/PROCEDURES
Chapter 19.640 - GENERAL PERMIT PROVISIONS
Chapter 19.650 - APPROVING AND APPEAL AUTHORITY
Chapter 19.660 - GENERAL APPLICATION PROCESSING PROCEDURES Chapter 19.670 - PUBLIC HEARINGS AND NOTICE REQUIREMENTS Chapter 19.680 - APPEALS
Chapter 19.690 - EFFECTIVE DATES, TIME LIMITS, AND EXTENSIONS Chapter 19.700 - MODIFICATION AND REVOCATION OF PERMITS/VARIANCES AND OTHER
APPROVALS
Chapter 19.710 - DESIGN REVIEW
Chapter 19.720 - VARIANCE
Chapter 19.730 - MINOR CONDITIONAL USE PERMIT
Chapter 19.740 - TEMPORARY USE PERMIT
Chapter 19.760 - CONDITIONAL USE PERMIT
Chapter 19.770 - SITE PLAN REVIEW PERMIT
Chapter 19.780 - PLANNED RESIDENTIAL DEVELOPMENT PERMITS Chapter 19.785 - TRAFFIC PATTERN MODIFICATION MEASURES
Chapter 19.790 - CONDOMINIUM CONVERSION PERMITS
Chapter 19.795 - ACCESSIBILITY APPEALS
Chapter 19.800 - GENERAL PLAN TEXT/MAP AMENDMENT
Chapter 19.810 - ZONING CODE TEXT/MAP AMENDMENT
Chapter 19.820 - SPECIFIC PLAN/SPECIFIC PLAN TEXT/MAP AMENDMENTS Chapter 19.840 - ANNEXATIONS
Chapter 19.850 - FAIR HOUSING AND REASONABLE ACCOMMODATION Chapter 19.860 - RESERVED
Chapter 19.870 - RECYCLING CENTER PERMIT
Chapter 19.880 - TRANSPORTATION DEMAND MANAGEMENT REGULATIONS Chapter 19.890 - STREET, ALLEY AND WALKWAY VACATIONS
Chapter 19.895 - ROOM RENTAL PERMIT
Chapter 19.900 - STREET NAME CHANGE
Chapter 19.640 GENERAL PERMIT PROVISIONS
19.640.010 Purpose.
19.640.020 Ministerial Actions.
19.640.040 Discretionary permits and actions.
19.640.050 Additional permits may be required.
19.640.060 Burden of proof and precedence.
19.640.010 Purpose.
This Cchapter establishes the overall structure for the application, review, and action on discretionary permits and legislative actions. Further, it identifies and describes the permits regulated by this Title the Zoning Code. It also identifies those minor activities, uses and structures that are exempt from permit requirements. It further requires compliance with all applicable laws and regulations. (Ord. 7331 §100, 2016; Ord. 6966 §1, 2007)
19.640.020 Ministerial Actions.
A. Definition. Ministerial actions describe City decisions that involve little or no personal judgment by a public official as to the wisdom or manner of carrying out a project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements. (Ord. 7331 §100, 2016; Ord. 6966 §1, 2007)
19.640.040 Discretionary permits and actions.
A. Definition. Discretionary permits or actions apply to projects that require the exercise of judgment or deliberation when the Approving or Appeal Authority decides to approve or disapprove a particular activity, as distinguished from situations where the City public official, Board, Commission or Council merely has to determine whether there has been conformity with applicable statutes, ordinances or regulations.
B. Administrative discretionary permits and actions not requiring a public hearing. The Community & Economic Development Director or the Staff Application Review Team Development Review Committee have primary administrative authority over certain activities that require the determination of compliance with applicable zoning provisions and the application of judgment to a given set of facts. The following lists the various administrative permits and references Chapters of this Titlethe Zoning Code for the respective actions:
1. Community & Economic Development Director:
a. Interpretation of Code - Refer to Chapter 19.060.
b. Temporary Use Permit - Refer to Chapter 19.740.
c. Nonconforming Provisions - Refer to Chapter 19.080.
d. Effective Dates, Time Limits and Extensions - Refer to Chapter 19.690. e. Recycling Center Permit - Refer to Chapter 19.870.
f. Determination of substantial conformance and modification of previously approved conditions with equivalent language.
g. Administrative Planned Residential Development Permit - Refer to Chapter 19.780.
2. Staff Application Review Team Development Review Committee:
a. Design Review - Refer to Chapter 19.710.
b. Minor Conditional Use Permit - Refer to Chapter 19.730. c. Variance - Refer to Chapter 19.720.
d. Minor Planned Residential Development Permit - Refer to Chapter 19.780.
C. Discretionary permits and actions requiring a public hearing.
1. Except when combined with legislative actions, the City Planning Commission is the designated approving authority for discretionary permits and actions. A public hearing is required for the following discretionary permits:
a. Conditional Use Permit - Refer to Chapter 19.760.
b. Planned Residential Development Permit - Refer to Chapter 19.780. c. Condominium Conversion Permits- Refer to Chapter 19.790. d. Site Plan Review Permit - Refer to Chapter 19.770.
e. Modification and Revocation of Permits/Variances and Other Approvals - Refer to Chapter
19.700.
f. Street, Alley and Walkway Vacations - Refer to Chapter 19.890 and the City Administrative Manual.
g. Traffic Pattern Modification Measures - Refer to Chapter 19.785.
2. The City Council is the designated approving authority for the following actions subject to a public hearing:
a. Airport Land Use Commission Appeals (City Council only) - Refer to Sections 19.680 A and E (Filing an Appeal).
D. Legislative actions—Public hearing required. In general, legislative actions establish rules, policies or standards of general applicability. They involve the exercise of discretion and they are governed by considerations of the public welfare. The designated approving authority for all legislative actions by the City is the City Council. A public hearing is required for all following legislative actions:
1. General Plan Text/Map Amendment - Refer to Chapter 19.800.
2. Zoning Code Text/Map Amendment (Rezoning) - Refer to Chapter 19.810.
3. Specific Plan/Specific Plan Amendments - Refer to Chapter 19.820.
4. Development Agreement and Development Agreement Amendment - Refer to City Resolution No. 15475 or its successor.
5. Annexations and Detachments - Governed by State Law. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 13, 2024; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. 7331 §100, 2016; Ord. 6966 §1, 2007)
19.640.050 Additional permits may be required.
A. A land use on property that complies with the permit requirement or exemption provisions of this Titlethe Zoning Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other public agencies before construction or use of the property is commenced. Nothing in this Titlethe Zoning Code shall eliminate the need to obtain any permits required by:
1. Any applicable county, regional, State, or Federal regulations.
B. All necessary permits shall be obtained before starting work or establishing a new use. (Ord. 7331 §100, 2016; Ord. 6966 §1, 2007)
19.640.060 Burden of proof and precedence.
A. Burden of proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit in accordance with this Cchapter is the responsibility of the applicant.
B. Precedence. Each permit shall be evaluated on a case-specific basis. Therefore, granting of a prior permit does not create a precedent and is not justification for the granting of a new permit. (Ord. 7331 §100, 2016; Ord. 6966 §1, 2007)
Chapter 19.650 APPROVING AND APPEAL AUTHORITY
19.650.010 Purpose.
19.650.020 Designated approving authority.
19.650.030 Concurrent processing of Land Use Development Permits.
19.650.010 Purpose.
This Cchapter identifies the designated Planning Agency, as identified in Chapter 19.050 (Administrative Responsibility), for the review of the land use development permits and actions required by this Titlethe Zoning Code.
(Ord. 7331 §101, 2016; Ord. 6966 §1, 2007)
19.650.020 Designated approving authority.
A. General provisions.
1. The Approving and Appeal Authority, as designated in Table 19.650.020 (Approving and Appeal Authority), shall approve (in full or in part), conditionally approve (in full or in part), modify or deny (in full or in part) applications in accordance with the requirements of this Titlethe Zoning Code.
2. Table 19.650.020 (Approving and Appeal Authority) identifies both recommending (R) and final (F) authorities for each application.
3. When a proposed project requires more than one permit, the permits shall be processed pursuant to Section 19.650.030 (Concurrent Processing of Land Use Development Permits).
B. Appeals. An action of the Approving or Appeal Authority may be appealed pursuant to procedures set forth in Chapter 19.680 (Appeals).
C. Approval authority on referral.
1. Referral by the Community & Economic Development Department Director, or his/her designee, or the Staff Application Review Team Development Review Committee. a. The Community & Economic Development Department Director, or his/her designee, or the Staff Application Review Team Development Review Committee, instead of taking any action, may refer the matter to the Planning Commission. b. The action of the Planning Commission, following referral, may be appealed to the City Council.
c. Action taken by the City Council is not subject to an appeal.
2. Community & Economic Development Department Director, or his/her designee, decisions. a. All administrative and discretionary decisions of the Community & Economic Development Department Director, or his/her designee, shall be transmitted to the City Council. b. The Mayor or any member of the City Council may refer the decision for consideration by the City Council at a public hearing by notifying the Community & Economic Development Department Director, or his/her designee.
c. If not referred by the Mayor or any member of the City Council, or otherwise appealed, within ten days of transmittal, the action of the Community & Economic Development Department Director, or his/her designee, is final.
3. Staff Application Review Team Development Review Committee decisions. a. All decisions of the Staff Application Review Team Development Review Committee shall be transmitted to the City Council.
b. The Mayor or any member of the City Council may refer the matter for consideration by the City Council at a public hearing by notifying the Community & Economic Development Department Director, or his/her designee.
c. If not referred by the Mayor or any member of the City Council, or otherwise appealed, within ten days of transmittal, the action of the Staff Application Review Team Development Review Committee is final.
4. Planning Commission Administrative and Discretionary Items.
a. All decisions of the Planning Commission on administrative and discretionary items shall be transmitted to the City Council the next business day following Planning Commission action. b. The Mayor or any member of the City Council may refer the matter for consideration by the City Council at a public hearing by notifying the Community & Economic Development Department Director, or his/her designee.
c. If not referred by the Mayor or any member of the City Council, or otherwise appealed, within ten days of Planning Commission action, the action of the City Planning Commission is final. (See Section 19.690.020(A) - Effective Date of Permits and Actions). (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §23, 2021; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. 7331 §101, 2016; Ord. 7091 §5, 2010; Ord. 6997 §7, 2008; Ord. 6966 §1, 2007)
Table 19.650.020
Approving and Appeal Authority
R = Recommending Authority; F = Final Approving Authority (unless appealable); A = Appeal Authority; AR = Approving Authority as Community & Economic Development Director or Staff Application Review Team Development Review Committee on Referral Type of Permit
or Action
Approving and Appeal Authority
Community &
Economic
Development
Department
Director
Staff Application
Review Team (START)
Development Review
Committee (DRC)
City Planning
Commission(9,11)
City
Council
(1,11)
Administrative
Billboard Relocation Permit AR A/F
Design Review F (3) A/AR (3) A (3) /F
Fair Housing and
Reasonable Accommodation F AR A (4) /F
Findings of Public
Convenience or Necessity F AR A/F
Minor Conditional Use
Permit F A (4) /AR A (4) /F
Administrative Planned
Residential Development
Permit
F A (4) /AR A (4) /F
Creative Sign Permit F AR
Nonconforming
Determination F A (4) /AR A (4) /F
Recycling Center Permit F AR/A/F
Room Rental Permit F AR A/F
Street, Alley, & Walkway
Vacations (Summary) F
Temporary Use Permit F (5)
Time Extensions F A/AR A/F
Transportation Demand
Management Regulations F A/F
Variance F A (4) /AR A (4) /F
Zoning Code Interpretation F A/AR A/F
Public Hearing
Accessibility Appeals
(Building Official decisions
relating to access)
F A/F
Airport Land Use
Commission Appeals A (10, 12) /F
Annexation or Detachment R (6) A/F
Conditional Use Permit F (6, 9) A/F
Condominium Conversion
Permit R (6) A/F
Development Agreement
and Amendment (8) R (6) A/F
Design Review F (3) A/F (3)
Floodplain Approval;
Floodplain Variance F A/F
General Plan Text/Map
Amendment R (6, 9) A/F
Planned Residential
Development Permit F (6, 9, 13) A/F
Minor Planned Residential
Development Permit F (6, 9) A/F
Small Lot Planned
Residential Development
Permit
F (6, 9) A/F
Site Plan Review Permit F (6) A/F
Specific Plan and
Amendments R (6, 9) A/F
Street, Alley, & Walkway
Vacations R (6) A/F (7)
Street Name Change R (6) A/F
Traffic Pattern Modification
Measures R (6) A/F (7)
Zoning Code Text/Map
Amendment R (6, 9) A/F
;sz=8q; Notes:
1. Decisions of the City Council are final and cannot be appealed.
2. Reserved.
3. Planning Commission primary design review responsibility is limited to concurrent review with another case for which the Planning Commission has approval authority (Refer to Section
19.710.035 - Review Responsibilities of Planning Commission or Community & Economic Development Department Director). Appeal of Planning Commission action on design review is by the full City Council.
4. See Section 19.650.020 C - Designated Approving Authority.
5. Appeal of an action on a Temporary Use Permit shall be to the City Manager. The City Manager's decision is final.
6. If denied by the Planning Commission, the action is final unless appealed to the City Council (See Section 19.680.020 B - Appeal Authority) with the exception of City-initiated General Plan Text/Map Amendments, Zoning Code Text/Map Amendments and Specific Plan Amendments where the Planning Commission is a Recommending Authority only.
7. Street vacations and traffic pattern modification measures require two actions at the City Council:
adoption of a resolution of intent to hold a public hearing and a public hearing.
8. See Government Code Section 65864 for more information on Development Agreements.
9. All decisions by the Planning Commission to approve or deny a permit or action are by simple majority of the members present and voting, with the following exceptions:
a. Conditional Use Permits, including revocations, and Planned Residential Development Permits require approval by a 2/3 majority of the Planning Commissioners present and voting; and b. Zoning Code Text/Map Amendments, General Plan Text/Map Amendments, and Specific Plan Amendments require a majority vote of not less than four Planning Commissioners present and voting.
10. All decisions of the City Council to approve or deny a permit or action are by a majority vote of those present and voting except that a 2/3 vote of the total membership (five votes minimum) is required to approve an appeal of a decision of the Airport Land Use Commission (ALUC).
11. All tied votes of the Planning Commission mean that an application failed to be approved and will be treated as a denial. When a tie vote exists before the City Council, the Mayor shall have the voting right as any member of the City Council and may cast a vote for or against an item to break a tie. In the Mayor's absence, in the event of a tie vote, the Mayor Pro Tempore shall not have the
right to cast a tie-breaking vote; in this instance the City Council vote shall be treated as a denial (Riverside City Charter - Article IV, Section 405).
12. Refer to Section 19.680.030 (E) for details regarding the ALUC appeal process
13. The final decision-making authority for PRD's in the RC Zone shall be the City Council. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 14(Exh. H), 2024; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §24(Exh. E), 2021; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 2(Exh. A), 11-5-2019; Ord. 7331 §101, 2016; Ord. 7222 §5, 2013; Ord. 7163 §2, 2012; Ord. 7091 §6, 2010; Ord. 6966 §1, 2007)
19.650.030 Concurrent processing of Land Use Development Permits.
A. When a proposed project requires more than one permit application with more than one Approving or Appeal Authority, all project permits shall be processed concurrently as interrelated permits for a single project.
B. The highest designated Approving or Appeal Authority for all such requested permits shall take final action on applicant-initiated projects with multiple permits. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 15, 2024; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §25, 2021;Ord. 7331 §101, 2016; Ord. 6966 §1, 2007) Editor's note— <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. No. 7660</ulink>, § 15, adopted March 12, 2024, amended the title of 19.650.030 to read as herein set out. The former 19.650.030 title pertained to dDesignated approving authority.
Chapter 19.660 GENERAL APPLICATION PROCESSING PROCEDURES
19.660.010 Purpose.
19.660.015 Initiation of applications.
19.660.020 Application submittal.
19.660.030 Eligible applicants.
19.660.040 Submittal requirements.
19.660.050 Initial application completeness review.
19.660.060 Environmental review.
19.660.070 Notice of decision.
19.660.080 Time limitation on reapplication after denial.
19.660.010 Purpose.
This Cchapter provides for standard procedures for administrative actions/permits, discretionary actions/permits and legislative actions. Unique processing procedures are listed in the individual permit chapters.
(Ord. 7331 §102, 2016; Ord. 6966 §1, 2007)
19.660.015 Initiation of applications.
A. For all case types, the Community & Economic Development Department Director, or his/her designee, is authorized to initiate planning applications, notwithstanding any other section of this Ttitle, for any project authorized under this Ttitle.
B. For General Plan Text/Map Amendment see Section 19.800.020 (Initiation of Amendment).
C. For Zoning Code Text/Map Amendment see Section 19.810.020 (Initiation of Map/Text Amendment).
D. For Specific Plan/Specific Plan Amendments see Section 19.820.030 (Specific Plan Initiation). (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §26, 2021; Ord. 7331 §102, 2016; Ord. 6966 §1, 2007)
19.660.020 Application submittal.
All applications for land use and development permits and actions pertaining to this Titlethe Zoning Code shall be submitted to the Planning Division on a City application form, together with all fees, plans, maps, and any other information required by the Planning Division. (Ord. 7331 §102, 2016; Ord. 6966 §1, 2007)
19.660.030 Eligible applicants.
A. Administrative and discretionary.
1. The owner(s) of the property, or the owner's authorized agent(s), or a plaintiff in an action of eminent domain with an order of possession shall make the application.
2. Any authorized agent shall be formally delegated as such in writing by the property owner.
3. The City Manager, or his/her designee, shall make the application for any City-initiated project.
B. Legislative.
1. The owner(s) or lessee(s) of the property, or the owner's authorized agent(s), or a plaintiff in an action of eminent domain with an order of possession shall make the application.
2. Any authorized agent shall be formally delegated as such in writing by the property owner.
3. The Community & Economic Development Department Director, or his/her designee, the Planning Commission or City Council may also initiate an application for a legislative action. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §27, 2021; Ord. 7331 §102, 2016; Ord. 6966 §1, 2007)
19.660.040 Submittal requirements.
A. Application for a Land Use or Development Permit.
1. Every application for a land use or development permit shall include a completed application form designated for the particular request.
2. Each application shall include particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the Community & Economic Development Department Director, or his/her designee, to provide the recommending and final Approving and Appeal Authorities with adequate information on which to base decisions.
B. Administrative adjustment.
1.Any application that may require minor, administrative adjustments from the standards set forth in this Title shall include a written request to the Community & Economic Development Department Director, or designee. Minor, administrative adjustments from the standards set forth in this Title shall include the following:
a. A maximum increase of 10% in the allowed sign area and height. b. A maximum decrease of 20% in the required setbacks, except in no case shall this provision permit a setback of fewer than 5 feet.
c. A maximum decrease of 20% in the required distance between structures on the same site on multifamily lots.
d. A maximum decrease of 10% in the required parcel dimensions (area, depth, and width). e. A maximum decrease of 5% or 1 space, whichever is greater, in the required parking spaces.
f. A maximum decrease of 10% in required landscaped dimensions (area, depth, or width). g. Any other standards not addressed by these provisions may be permitted up to a 10% adjustment as determined by the Community and Economic Development Department Director.
2. These provisions shall not apply in the Residential Conservation (RC) and Residential Agricultural (RA-5) zones, or in an industrial zone where located within 200 feet of a sensitive receptor as defined by Section 19.130.030.
. 3. The Community and Economic Development Department Director, or designee, may approve, conditionally approve, or deny the request.
C. Signature and fees required.
1. Applications will not be accepted by the Planning Division without required signed application forms.
2. Any owner or the owner's authorized representative may sign an application.
3. The City Manager, or his/her designee, may sign an application for City-initiated projects.
4. Fees shall be those established by City Council Resolution and published in the Schedule of Fees available from the Planning Division.
D. All applications requiring discretionary approval may be required to include a project-specific Water Quality Management Plan (WQMP) pursuant to the requirements of the Municipal Separate Storm Sewer System (MS4) Permit.
E. Indemnification.
1. With the submittal of any application, the owner and/or applicant agrees that upon approval of its application the owner and/or applicant shall defend, indemnify, including reimbursement, and hold harmless the City of Riverside, its agents, officers and employees from any claim, action or proceeding against the City of Riverside, its agents, officers or employees, that attacks, set asides, voids, or annuls, any approval by the City concerning:
a. Any such approval of the City: and/or
b. An action taken to provide environmental clearance under the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq., by its advisory agencies, appeal boards or City Council.
2. The owner and/or applicant shall execute an indemnification agreement in a form acceptable to the City Attorney.
3. In the event any claim, action or proceeding is brought, the City shall promptly notify the owner and/or applicant of the existence of the proceeding and the City will cooperate fully in the defense of the proceeding. Nothing in this Ssection shall prohibit the City from participating in the defense of any proceeding.
4. In the event that the applicant is required to defend the City in connection with any proceeding described in this Ssection, the City shall retain the right to approve:
a. The counsel to so defend the City;
b. All significant decisions concerning the manner in which defense is conducted; and c. Any and all settlements, which approval shall not be unreasonably withheld.
5. The City shall also have the right not to participate in the defense, except that the City agrees to cooperate with the applicant in the defense of the proceeding. If the City chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §28, 2021; Ord. 7331 §102, 2016; Ord. 7235 §13, 2013; Ord. 6966 §1, 2007)
19.660.050 Initial application completeness review.
All applications filed with the Planning Division in compliance with this Title the Zoning Code shall be initially reviewed for application completeness as follows:
A. Complete applications.
1. Within 30 calendar days of application submittal, the Community & Economic Development Department Director, or his/her designee, or Staff Application Review Team Development Review Committee, as applicable, shall determine whether or not the application is complete.
2. The applicant shall be notified in writing of the determination either that all the submittal requirements have been satisfied and that the application has been accepted as complete or that the submittal requirements have not been satisfied and the application has been determined to be incomplete (see Section 19.660.050(B) - Incomplete Applications).
B. Incomplete applications.
1. Within 30 calendar days of application re-submittal, the Community & Economic Development Department Director, or his/her designee, or the Staff Application Review Team Development Review Committee, as applicable, shall determine whether or not the application is complete.
2. The applicant shall be notified in writing of the determination either that:
a. All the submittal requirements have been satisfied and that the application has been accepted as complete; or
b. Specific information and or materials are still necessary to complete the application.
The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City standards and requirements.
3. The applicant may appeal the determination in accordance with Chapter 19.680 (Appeals) and the Permit Streamlining Act (California Government Code Section 6592043 et seq.).
4. The City, at its discretion, may withdraw any application that remains incomplete 180 calendar days from the date of the original submittal. The City shall notify the applicant of its intention to withdraw the stagnant application at least 30 calendar days prior to withdrawal.
C. Withdrawals.
1. Submittal of withdrawals. All withdrawal requests shall be submitted in writing to the Planning Division, identifying the application being withdrawn.
2. Resubmittal of withdrawn applications. Any resubmittal of a withdrawn application shall require submittal of a new application along with the appropriate fees and a new case number will be assigned.
D. Mutual agreement to extension of time. Nothing in this Ssection precludes the applicant and the City from mutually agreeing to an extension of any time limit provided by this Ssection (California Government Code Section 65943).
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §29, 2021; Ord. 7331 §102, 2016; Ord. 7235 §14, 2013; Ord. 7091 §7, 2010; Ord. 6966 §1, 2007)
19.660.060 Environmental review.
After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the City's environmental guidelines (City Council Resolution No. 21106 as amended or most recent CEQA Resolution adopted by the City Council).
(Ord. 7331 §102, 2016; Ord. 6966 §1, 2007)
19.660.070 Notice of decision.
A. A notice of decision shall be required for all discretionary and legislative permits/actions in accordance with the provisions of this Ssection.
B. Within seven days from the final action on an application, the Community & Economic Development Department Director, or his/her designee, or the Staff Application Review Team Development Review Committee, as applicable, shall send written notice of decision to the project applicant, other affected parties and anyone who has requested to be notified. The notice of decision shall identify the specific action of the Approving or Appeal Authority, including the date of action, applicable conditions and appeal period.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §30, 2021; Ord. 7331 §102, 2016; Ord. 7235 §15, 2013; Ord. 6966 §1, 2007)
19.660.080 Time limitation on reapplication after denial.
A. Time limitation. Whenever an application or portion of an application has been denied or revoked and the denial or revocation becomes final, no new application for the same or similar request may be accepted within one year of the date of the action to deny or revoke, unless the Community & Economic Development Department Director, or his/her designee, determines that a new application is warranted due to a substantial change in land use on properties in the vicinity, improved infrastructure in the vicinity, altered traffic patterns, or any such similar change resulting in a changed physical environment.
B. Exemption for earlier reapplication. Applications that have been denied without prejudice and applications where the denying resolution stipulates a reapplication time are exempt from Section
19.660.080 A.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §31, 2021; Ord. 7331 §102, 2016; Ord. Ord. 7235 §16, 2013; 6966 §1, 2007)
Chapter 19.670 PUBLIC HEARINGS AND NOTICE REQUIREMENTS
19.670.010 Generally.
19.670.020 Notice requirements for administrative discretionary permits with no public hearing.
19.670.030 Notice of hearing for discretionary actions requiring a public hearing.
19.670.040 Notice of hearing for legislative actions.
19.670.050 Traffic pattern modification measures and street, alley, and walkway vacations.
19.670.060 Content of notice.
19.670.070 Requests for notification.
19.670.080 Failure to receive notice.
19.670.090 Hearing procedure.
19.670.100 Notice and hearings for appeals and referrals.
19.670.110 Drive-thru facilities.
19.670.120 Cemeteries.
19.670.010 Generally.
The following procedures implement State Planning and Zoning Law under Government Code Sections 65090 through 65096 and govern the public hearing and notice requirements for consideration of a land use or development permit or action. Section 19.640.040 B—D (Discretionary Permits and Actions) and Table 19.650.020 (Approving and Appeal Authority), identify where public hearing and notice is required for all types of action authorized by this Titlethe Zoning Code.
In general, public hearings and public notice shall be required for certain discretionary and all legislative actions. Public hearings are not required for administrative discretionary actions, although public notice may be required. Where required, the hearing(s) shall be held before the designated Approving or Appeal Authority pursuant to Table 19.650.020 (Approving and Appeal Authority). (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §32, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)
19.670.020 Notice requirements for administrative discretionary permits with no public hearing.
A. Minor Conditional Use Permit, Administrative Planned Residential Development Permit, and Variance.
1. Public notice of the consideration of a proposed minor conditional use permit in all zones shall be provided by the Community & Economic Development Department Director, or his/her designee, by mailing such notice to the property owners and occupants within 300 feet of the exterior boundaries of the property under consideration;
2. Public notice of the consideration of a proposed variance in any zone or an administrative planned residential development permit in single-family residential zones shall be provided by the Community & Economic Development Department Director, or his/her designee, by mailing such notice to the property owners adjacent to the boundaries of the property under consideration.
When the variance request is regarding a corner lot and will pertain to a rear or side yard setback, such notice shall be given to the owners of property directly across each street from the proposed side or rear yard encroachment as well as to the owners of abutting property.
3. For mailing purposes, the last known name and address of such owners and occupants as shown on the latest available equalized assessment roll of the County Assessor shall be used. Such notices shall identify the property under consideration and indicate the nature of the proposed permit.
4. The public notice shall:
a. Be sent no later than 14 days after acceptance of a complete and accurate application; b. Invite interested persons to notify, in writing, the Planning Division of any concerns, comments or to make a request to be further notified of actions relating to the proposed variance or minor conditional use permit during a 15-day comment and review period commencing with the date of the notice;
c. Specify that only those specifically requesting to be further notified of actions relating to the application will be so notified of decisions, appeals or requests for City Council review; and d. Specify that, at the end of the 15-day comment and review period, the Community & Economic Development Department Director's or Staff Application Review Team’s Development Review Committee's final report and recommendations will be issued, initiating a ten-day appeal period during which time any interested person may appeal to the decision the appropriate Appeal Authority.
5. For variances in any residential zone where the applicant has obtained the written approval of the adjacent property owners, no public notices, comment period or appeal period is required.
6. The Community & Economic Development Department Director's decision is final, except that the applicant may appeal the decision within ten days of the mailing of written notice of decision.
7. Noticing distance requirements for individual uses may vary. Refer to Article VII, Specific Land Use Provisions.
B. All other administrative, discretionary permits.
No notice is required for other administrative, discretionary actions without a public hearing, unless specified.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 15, 2024; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §33, 2021; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> §3, 11-5-2019; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)
19.670.030 Notice of hearing for discretionary actions requiring a public hearing.
Notice of the hearing shall be given in all of the following ways:
A. Notice of the hearing shall be mailed or delivered, at least ten days prior to the hearing, to:
1. The owner of the subject real property or the owner's duly authorized agent, and the project applicant.
2. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project.
3. All owners of the subject real property on the latest County Assessor records and occupants within 300 feet.
4. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, the City may, in lieu of mailing or delivering the notice, provide notice by placing an advertisement of at least one-eighth page in at least one newspaper of general circulation within the City at least ten days prior to the hearing.
B. The notice shall be published in at least one newspaper of general circulation within the City at least ten days prior to the hearing.
C. Noticing distance requirements for individual uses may vary. Refer to Article VII, Specific Land Use Provisions.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §34, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)
19.670.040 Notice of hearing for legislative actions.
A. General Plan amendments, Specific Plan amendments, Zoning Code Text/Map amendments and Zone changes not affecting the permitted uses or intensity of uses of real property.
1. The notice shall be published in at least one newspaper of general circulation within the City at least ten days prior to the hearing.
B. General Plan amendments, Specific Plans and Specific Plan amendments, Zoning Code amendments and Zone changes affecting the permitted uses or intensity of uses of real property and all development agreements.
1. Notice of the hearing shall be given in all of the following ways:
a. Notice of the hearing shall be mailed or delivered, at least ten days prior to the hearing, to:
(1) The owner of the subject real property or the owner's duly authorized agent, and the project applicant.
(2) Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project.
(3) All owners of real property on the latest records of the County Assessor within 300 feet of the real property.
(4) If the number of owners to whom notice would be mailed or delivered is greater than 1,000, the City may, in lieu of mailing or delivering the notice, provide notice by placing an advertisement of at least one-eighth page in at least one newspaper of general circulation within the City at least ten days prior to the hearing.
2. The notice shall be published in at least one newspaper of general circulation within the City at least ten days prior to the hearing.
C. Annexations. Notice of the hearing to adopt a resolution of application to annex shall be published in all of the following ways:
1. The notice shall be published in at least one newspaper of general circulation with the City at least 20 days prior to the hearing.
2. Notice of the hearing shall be mailed or delivered, at least 20 days prior to the hearing, to:
a. The owner of the subject real property(ies) and the project applicant, if other than the City. b. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project.
c. All owners of real property on the latest records of the County Assessor within 300 feet of the real property(ies).
3. The notice shall be posted at the site where the public hearing will occur at least 20 days prior to the hearing and continue to the time of the hearing.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §35, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)
19.670.050 Traffic pattern modification measures and street, alley, and walkway vacations.
A. Traffic pattern modification measures and street, alley, and walkway vacations require two actions at the City Council:
1. Adoption of a resolution of intent to hold a public hearing; and
2. A public hearing.
B. Pursuant to the California Streets and Highways Code (Section 8310 et seq.), the public hearing shall not be held less than 15 days after the adoption of the resolution of intent to hold a public hearing.
C. Notice of the public hearing shall be published for at least two successive weeks prior to the public hearing.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §36, 2021; Ord. 7331 §103, 2016; Ord. 7118 §2, 2011)
19.670.060 Content of notice.
Notices given pursuant to Section 19.670.020 (Notice Requirements for Administrative Discretionary Permits with No Public Hearing), 19.670.030 (Notice of Hearing for Discretionary actions Requiring a Public Hearing) and 19.670.040 (Notice of Hearing for Legislative Actions) shall at a minimum include the date, time and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.
(Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)
19.670.070 Requests for notification.39
A. Any person who requests inclusion on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the Planning Division where the request is for notice of hearing before the Planning Commission and to the City Clerk where the request is for notice of hearing before the City Council.
B. The City may impose a reasonable fee for the purpose of recovering the cost of such notification." Section 38: Section 19.670.090 of the Riverside Municipal Code is hereby amended as follows:
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §37, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)
19.670.080 Failure to receive notice.
Pursuant to California Government Code Section 65093, failure of any person or entity to receive notice required by law of any hearing as required by this Titlethe Zoning Code shall not constitute grounds for 39 Sec. 19.670.070 Requests for notification. Extraneous text should be stricken as shown. (FOOTNOTE 350 IN EXHIBIT 2)
any court to invalidate the actions of a designated Approving or Appeal Authority for which the notice was given.
(Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)
19.670.090 Hearing procedure.
A. Hearings as provided for in this Cchapter shall be held at the date, time, and place for that notice has been given as required in this Cchapter.
B. The designated Approving or Appeal Authority shall conduct the public hearing and hear testimony.
C. The summary minutes shall be prepared and made part of the permanent file of the case.
D. Any hearing may be continued, and no further public notice shall be required unless the hearing is not continued to a specific date/time, in which instance the hearing shall be re-noticed. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §38, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)
19.670.100 Notice and hearings for appeals and referrals.
A. Upon appeal or referral of a discretionary action with a public hearing or a legislative action, notice of a public hearing before the appeal authority (See Table 19.650.020 - Approving and Appeal Authority) shall be given in the same manner as for the original public hearing, except that in all cases the period of time for publishing or mailing the notice prior to the appeal hearing is not more than ten days.
Proposed adoption of a negative declaration by the appeal authority does not extend the time beyond ten (10) days.
B. Upon appeal or referral of an administrative discretionary action, notice of the appeal or referral shall be mailed to the applicant and all interested persons requesting such notice at least ten days in advance of consideration of the referral or appeal on the appeal or referral authority's discussion calendar agenda.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §39, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)
19.670.110 Drive-thru facilities.
Whenever a hearing is held regarding a discretionary permit or a legislative action for a drive-thru facility, notice shall also be provided to representatives on a list maintained by the Planning Division of the blind, aged and disabled communities.
(Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)
19.670.120 Cemeteries.
Notice for any action that would permit all or any part of a cemetery, as defined by Section 8100 of the State Health and Safety Code, to be used for other than cemetery purposes, shall be provided pursuant Section 19.670.030 (Notice of Hearing for Discretionary Actions Requiring a Public Hearing).
19.670.130 On-site notification signage for projects in the Industrial Zones.
Notice of filing for new development projects within the Business Manufacturing Park (BMP) & General Industrial (I) Zone shall also be made by posting of physical signage on the site by the applicant when a Minor Conditional Use Permit or Conditional Use Permit is being considered.
1. Purpose: The on-site notification signage requirement is intended to notify neighbors of the affected project area and the community at large early in the review process, allowing the applicant and the City to consider community input throughout all stages of project review.
2. Specific plan requirements:
a. In any specific plan district where specified industrial uses require a Minor Conditional Use Permit or Conditional Use Permit by the current industrial zoning designation, a Notice of Filing sign shall be required.
3. Sign criteria/maintenance: Posting of required on-site notification signage shall comply with the following:
a. Sign size and specifications.
i. Sign(s) shall be four feet high by eight feet wide.
ii. Sign(s) shall be attached by ground-mounted stake(s) or post(s) not less than 6 feet in height from ground surface.
iii. Signs shall not be affixed to buildings or other structures. iv. Signs shall contain the following information:
1. City of Riverside lLogo;
2. “Notice of Filing” lettering;
3. Planning project case number;
4. Brief project description;
5. Project location including Assessors Accessor Parcel Number(s) (APNs);
6. Project applicant name and contact information;
7. Contact information for the City Planning Division; and
8. Other information as determined to be necessary by the Community & Economic Development Director or designee, including but not limited to a standardized design template published by the Planning Division.
b. Location and installation standards. All sign(s) shall be installed according to the specifications determined by the Planning Division.
i. Signs shall be posted on each public street frontage. ii. A minimum of one sign shall be posted for every 300 lineal feet of public street frontage.
iii. Corner Lots.
1. Where two street frontages intersect, one sign posted at the corner facing the intersection shall satisfy the posting requirement for the first 300 lineal feet of frontage for both streets facing the interchange. iv. Signs shall be located no more than three feet behind the property line closest to, parallel to, and clearly visible from the street.
v. Signs shall not be located within the public right of way. vi. Additional signs may be required as determined by the Planning Division. c. Timing.
i. All notification sign(s) shall be installed within 60 days of application submittal. ii. Signs shall remain in place throughout the entire project review period and shall not be removed prior to the expiration of the appeal period of the final action taken on the project.
iii. Signs shall be removed no later than 14 days following the expiration of the final appeal period or withdrawal of the application.
d. Sign removal and maintenance.
i. All sign(s) must be kept adequately maintained in a legible state and remain in place until the final decision on the application has been made or the application is withdrawn.
ii. Changes to the nature of the project or the requested entitlements shall necessitate updates to the posted notification signage to the satisfaction of the Planning Division.
iii. Failure to remove the sign within the prescribed time period will result in the withholding of any post-entitlement permits.
4. The project application shall not be deemed complete until the required notification signage is installed.
5. A Notification Signage Exhibit may be required to identify the proposed location of signage and verify compliance with these requirements.
(Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)
Chapter 19.680 APPEALS
19.680.010 Purpose.
19.680.020 Appeal authority.
19.680.030 Filing an appeal.
19.680.040 Notice and schedule of appeal hearings.
19.680.050 Appeal hearing and action.
19.680.010 Purpose.
This Cchapter identifies the procedures for filing and processing an appeal of actions of Approving Authorities, consistent with California Government Code Section 65904. Where the appeal provisions of this Ssection conflict with other provisions of this the Riverside Municipal Code, the appeal provisions of this Cchapter shall apply with regard to planning and zoning matters. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 9(Exh. J), 2022; Ord. 7331 § 104, 2016; Ord. 6966 § 1, 2007)
19.680.020 Appeal authority.
A. Any person dissatisfied with an interpretation or action an Approving Authority made pursuant to this Aarticle may appeal such action to the designated Appeal Authority and ultimately to the City Council.
Appeals must be filed in accordance with the procedures in Section 19.680.030 (Filing an Appeal).
Table 19.650.020 (Approving and Appeal Authority) identifies the Appeal Authority for each of the City's land use and development permits and actions. Actions by the City Council are not subject to appeal.
B. Legislative matters require the Planning Commission to hold a noticed public hearing and make a recommendation on the matter to the City Council. Where the Planning Commission denies legislative cases initiated by an applicant, the action is final unless appealed to the City Council. For City-initiated legislative cases, the Planning Commission is a recommending body and the City Council's action is final. (See Table 19.650.020 - Approving and Appeal Authority). (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 9(Exh. J), 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">7552</ulink> § 40, 2021; Ord. 7331 § 104, 2016; Ord. 6966 § 1, 2007)
19.680.030 Filing an appeal.
A. Any person aggrieved or affected by a decision of an Approving Authority may appeal that decision to the designated Appeal Authority. All appeals shall be submitted in writing to the Planning Division, in duplicate, identifying the action being appealed and specifically stating the basis or grounds of the appeal. For appeals of the decision of the Airport Land Use Commission (ALUC) see E below.
B. Appeals shall be filed within ten calendar days following the date the Approving Authority announces its determination on the matter for which an appeal is made and shall be accompanied by a filing fee
as established by City Council resolution. If the tenth day is on a weekend or holiday the appeal is extended to the end of the next regular business day (Note: one exception to the ten-day appeal period is for temporary use permits where the appeal period is two business days).
C. The filing of an appeal shall stay the action being appealed and the issuance of subsequent permit(s), such as grading or building permits.
D. An appeal must be filed to exhaust all available administrative remedies.
E. When filing an appeal of the decision of the Airport Land Use Commission (ALUC) the applicant shall provide the City with a copy of the ALUC staff report, notice of action and findings to support the override for the ALUC determination. In order to overrule the ALUC finding of inconsistency, the City Council must make specific findings that the proposal is consistent with the purposes of ALUC law "to protect public health, safety and welfare by ensuring (1) the orderly expansion of airports and (2) the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses."
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 9(Exh. J), 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">7552</ulink> § 41, 2021; Ord. 7331 § 104, 2016; Ord. 6966 § 1, 2007)
19.680.040 Notice and schedule of appeal hearings.
An appeal hearing shall be conducted at a public meeting on a date mutually agreed upon by the person filing the appeal, the applicant and the City. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Chapter 19.670 (Public Hearings and Notice Requirements). (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 9(Exh. J), 2022; Ord. 7331 § 104, 2016; Ord. 6966 § 1, 2007)
19.680.050 Appeal hearing and action.
Each appeal shall be considered de novo (new), even if the appeal is withdrawn, and the Appeal Authority may reverse, modify or affirm the decision in regard to the entire project in whole or in part. In taking its action on an appeal, the Appeal Authority shall state the basis for its action. The Appeal Authority may approve (in full or in part), conditionally approve (in full or in part), modify or deny (in full or in part) and may modify, delete or add such conditions as it deems necessary. The Appeal Authority may also refer the matter back to the original Approving Authority for further action. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 9(Exh. J), 2022; Ord. 7331 § 104, 2016; Ord. 6966 § 1, 2007) Chapter 19.690 EFFECTIVE DATES, TIME LIMITS, AND EXTENSIONS
19.690.010 Purpose.
19.690.020 Effective date of permits and actions.
19.690.030 Time limits.
19.690.040 Voiding.
19.690.050 Time extension.
19.690.060 Exercising permits or approvals.
19.690.070 Approvals to run with land.
19.690.080 Permit(s) on the site during construction.
19.690.010 Purpose.
This Cchapter identifies the effective date of permit and other approvals and provides requirements (including time limits) for implementation and extension of approval time limits. Unique processing procedures are listed in the individual permit chapters. (Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)
19.690.020 Effective date of permits and actions.
A. Community & Economic Development Department Director, or his/her designee, Staff Application Review Team Development Review Committee or Planning Commission Decisions on Discretionary Permits and Actions. All decisions of the Community & Economic Development Department Director, or his/her designee, Staff Application Review Team Development Review Committee or Planning Commission acting as a final Approving Authority under Table 19.650.020 (Approving and Appeal Authority), shall be effective the first regular business day after the end of the ten day appeal period.
Filing of an appeal stays the effective date pending action on the appeal.
B. City Council decisions on discretionary permits and actions. All decisions of the City Council in granting or denying a discretionary permit shall become effective on the next City business day following City Council Action, unless the discretionary permit is being processed concurrently with and dependent upon any legislative action, in that case the effective date of the discretionary permit will be governed by Section 19.690.020(C).
C. Legislative actions. A legislative approval granted by resolutions, such as a Specific Plan or General Plan amendment, is effective immediately upon adoption of the numbered resolution by the City Council. A legislative approval granted by ordinance, such as a zoning map amendment, is effective 30 days following the date of adoption of the ordinance by the City Council.
D. Temporary use permits. Following a decision to approve, conditionally approve or deny a temporary use permit by the Community & Economic Development Department Director, or his/her designee, the applicant or any interested party shall have two business days to file an appeal with the City Manager or authorized designee. If not appealed, the permit is in effect the day following the end of the appeal period. If appealed, the City Manager or authorized designee shall make a decision on the appeal within five working days of its receipt and such action shall be final and the permit, if approved, shall be in effect immediately.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §42, 2021; Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)
19.690.030 Time limits.
A. Any discretionary permit granted pursuant to this Title the Zoning Code shall become null and void if not exercised within the time limit specified in the approving document or within one year if no time has been specified.
B. Unless an earlier expiration date appears on the face of the permit, any development permit which is issued in conjunction with a tentative subdivision map shall expire no sooner than the approved tentative map or any extension thereof whichever occurs later.
C. Any legislative approval shall become null and void if not finalized within two years, unless otherwise specified in the conditions of approval.
(Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)
19.690.040 Voiding.
Any variance or permit granted pursuant to this Titlethe Zoning Code shall become null and void if the owner or owner's authorized representative of the property for which the variance or permit was granted requests, in writing, that the variance or permit be voided and the Approving or Appeal Authority having jurisdiction approves the request.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §43, 2021; Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)
19.690.050 Time extension.
A. The period within which the exercise of a discretionary permit or other approval must occur may be extended by the Community & Economic Development Department Director, or his/her designee, as described in B—K below. A Temporary Use Permit may not be extended. An application for extension shall be filed, along with appropriate fees and necessary submittal materials pursuant to Chapter 19.660 (General Application Processing Procedures).
B. Variances, administrative design review actions and Minor Conditional Use Permits may receive a maximum of two, one-year time extensions.
C. Conditional use permits and Site Plan Review permits, not related to an implementing subdivision and/or legislative action, may be granted time extensions by the Community & Economic Development Department Director, or his/her designee, up to a total of five years beyond the original approval expiration date. At the exhaustion of Community & Economic Development Department Director approved extensions, the original Approving or Appeal Authority following a public hearing noticed pursuant to Section 19.670.030 (Notice of Hearing for Discretionary Actions Requiring a Public Hearing), may grant one final permit extension of up to two years. A public hearing notification fee is required of the applicant in such case, in addition to a time extension fee.
D. For all planned residential development permits related to an implementing subdivision and/or legislative action, may be granted time extensions by the Community & Economic Development Department Director, or his/her designee, up to a total of five years beyond the original approval expiration date prior to issuance of any building permits. Once a building permit has been issued the planned residential development will be considered vested and time extensions are no longer needed.
At the exhaustion of Community & Economic Development Department Director approved
extensions, the original Approving or Appeal Authority following a public hearing noticed pursuant to Section 19.670.030 (Notice of Hearing for Discretionary Actions Requiring a Public Hearing), may grant one final permit extension of up to two years. A public hearing notification fee is required of the applicant in such case, in addition to a time extension fee.
E. Zoning Text/Map, General Plan and Specific Plan amendments may be granted time extensions by the Community & Economic Development Department Director, or his/her designee, up to a total of five years beyond the original approval expiration date. At the exhaustion of Community & Economic Development Department Director approved extensions, the original Approving or Appeal Authority following a public hearing noticed pursuant to Section 19.670.040 (Notice of Hearing for Legislative Actions), may grant one final permit extension of up to two years. A public hearing notification fee is required of the applicant in such case, in addition to a time extension fee.
F. Any permit extension may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.
G. The extension may be granted only when the Community & Economic Development Department Director or designated Approving or Appeal Authority finds that the original permit findings can be made and that there are no changed circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension.
H. Retroactive time extensions may be granted for a period not greater than specified in Sections 19.690.050 B, C, D and E F.
I. A separate fee shall be required for each year of permit extension.
J. Extensions related to the terms of nonconforming uses and structures are governed by Article III, Chapter
19.080 (Nonconformities).
K. Time extensions for tentative maps are governed by Chapter 18.180 and State Law as it relates to automatic time extensions.
L. The period of time specified in Chapter 19.690, including any extension granted by the Community & Economic Development Department Director, or his/her designee, shall not include the period of time during which a lawsuit involving the approval or conditional approval of the entitlement(s) is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Community & Economic Development Department Director. After service of the initial petition or complaint in the lawsuit upon the Community & Economic Development Department Director, the applicant may apply for a stay following the same procedures in Chapter 19.690. Within 40 days after receiving the application, the Community & Economic Development Department Director shall either stay the time period for up to five years or deny the requested stay. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 16, 2024; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §44, 2021; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1004442&datasource=ordbank" web="yes">7505</ulink> §2(Exh. B), 2020; Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)
19.690.060 Exercising permits or approvals.
A. The exercise of a permit occurs when the property owner has completed all conditions of the permit approval and incurred substantial liabilities.
B. Unless otherwise provided, approvals that have not been exercised prior to a Zoning Code amendment that makes the approved use or structure of the approval nonconforming shall automatically be deemed invalid on the effective date of this Titlethe Zoning Code amendment. A new application is then required.
(Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)
19.690.070 Approvals to run with land.
Land use and development permits and approvals granted pursuant to the provisions of this Ttitle shall be transferable upon a change of ownership of the site, business, service, use or structures, provided that the use is in substantial conformance with the previously approved use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded. (Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)
19.690.080 Permit(s) on the site during construction.
A copy of all land use and development permits (including all corresponding stamped-approved plans) authorizing construction shall be kept on site at all times during construction and made available upon request by an official of the City.
(Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)
Chapter 19.700 MODIFICATION AND REVOCATION OF PERMITS/VARIANCES AND OTHER
APPROVALS
19.700.010 Modification of approvals.
19.700.020 Revocation.
19.700.010 Modification of approvals.
A. Any person holding a permit or other approval granted under this Titlethe Zoning Code may request a modification or amendment to that permit or approval. For the purpose of this Ssection, the modification of a permit or approval may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit or approval.
B. If the Community & Economic Development Director or his/her designee determines that a proposed project action is not in substantial conformance with the original approval, the Community & Economic Development Director or his/her designee shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same Approving or Appeal Authority as the original permit.
C. A permit or approval modification may be granted only when the Approving or Appeal Authority makes all findings required for the original approval, and the additional finding that there are changed circumstances sufficient to justify the modification of the approval.
D. Except as provided in Section 19.730.030, any permit or approval modification is subject to the same hearing and notice requirements as the original permit or approval. (Ord. 7331 §106, 2016; Ord. 7235 §17, 2013; Ord. 6966 §1, 2007)
19.700.020 Revocation.
A. The Planning Commission either of its own initiation or upon the direction of the City Council shall hold a public hearing to consider the revocation of any variance or permit (except temporary use permits) granted in accordance with the provisions of this Title the Zoning Code. Written notice of the date, time, place and purpose of such public hearing shall be served on the owner of the property for which the permit or variance was granted by registered mail, postage prepaid, return receipt requested, not less than ten days prior to the date of such hearing. Additional notice shall be given in the manner prescribed in this Titlethe Zoning Code governing notices of conditional use permits, minor conditional use permits and variances.
B. Any variance or permit may be revoked if, from the facts presented at the public hearing or by investigation, the Planning Commission finds any one or more of the following grounds:
1. That the variance or permit approval was obtained by fraud;
2. That the variance or permit granted is being or has been exercised contrary to the conditions of such permit or variance or in violation of any applicable licenses, permits, regulations, laws or Codes;
3. That the use for which the variance or permit approval was granted is being or has been exercised as to be detrimental to the public health, safety or welfare so as to constitute a nuisance, hazard or detriment to the surrounding properties, neighborhood or City in general.
C. Each decision by the Planning Commission to revoke a variance or permit shall be by a formal and numbered resolution adopted by the affirmative votes of at least two-thirds of the membership of the Planning Commission in the case of a conditional use permit or planned residential development permit and of at least a majority of the membership of the Planning Commission in the case of a variance, or minor conditional use permit, such membership in both cases being based upon membership present and voting. The Planning Commission shall make its findings, announce its decision and mail a notice of its decision to the owner of the property involved in the manner prescribed in the Zoning Code Section 19.660.070 (Notice of Decision) of this Title. Any person aggrieved or affected by a decision of the Planning Commission in approving or disapproving a revocation of any variance or permit may appeal to the City Council in the manner prescribed in this Cchapter. The City Council may, after a public hearing has been held in the manner prescribed in this Title the Zoning Code, affirm, reverse or modify the decision of the Planning Commission. (Ord. 7331 §106, 2016; Ord. 6966 §1, 2007)
Chapter 19.710 DESIGN REVIEW
19.710.010 Purpose.
19.710.020 Applicability.
19.710.030 Approval required.
19.710.035 Review responsibilities of Planning Commission or Staff Application Review Team Development Review Committee and Community & Economic Development Department Director.
19.710.040 Design review standards.
19.710.050 Citywide Design Guidelines and Sign Guidelines.
19.710.060 Drawings to be approved—Alterations to be approved.
19.710.065 Drawings to Be Submitted.
19.710.070 Appeals.
19.710.010 Purpose.
The City Council finds, determines and declares that the application of the design review procedures are necessary to preserve and promote the health, safety and general welfare of the community by achieving the following purposes:
A. To protect and preserve the value of properties and to encourage high quality development thereof in areas where adverse effects will result from excessive uniformity, dissimilarity, poor exterior quality and appearance of buildings and structures, and from inadequate and poorly planned landscaping, and from failure to preserve where feasible natural landscape features, open spaces and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such areas;
B. To recognize the interdependence of land values and aesthetics and to provide a method to implement this interdependence in order to maintain the values of surrounding properties and improvements, and to encourage excellence of development of property, compatible with the general plan for, and character of, the City, with due regard to the public and private interests involved;
C. To ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities shall be protected by the exercise of reasonable controls over the character and design of private buildings, structures and open spaces; D. To ensure the maintenance of high design standards in the vicinity of public buildings and grounds for the preservation of the architecture and general appearance in the areas of the City containing the buildings and grounds and to preserve the property values in the areas; E. To promote the maintenance of high design standards adjoining thoroughfares of Citywide importance to ensure that the community benefits from the natural growth and vegetation as much as possible, and from the natural terrain, and to preserve and stabilize the architecture and general appearance of buildings and grounds adjoining the thoroughfares; and to preserve and protect the property values in the areas; and
F. To ensure the design of landscaping and irrigation that shades paved areas, buffers or screens undesirable views, compliments building architecture and that implements the purposes of Chapter 19.570 (Water Efficient Landscaping and Irrigation). (Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)
19.710.020 Applicability.
A. The design review procedures set forth in this Cchapter shall apply to the following:
1. All new buildings, structures and signs, and enlargements of existing buildings, structures and signs in the RC - Residential Conservation, Commercial and Office, Mixed-Use, Industrial and Downtown Specific Plan Zones, except as exempted in B and C below.
2. Any project reviewed and approved via the conditional use, planned residential development permit or site plan review permit processes.
B. Any structure or site requiring a design review that is also subject to Title 20 - Cultural Resources shall require an Administrative Design Review, approved by the Community & Economic Development Department Director, in addition to the requirements of Title 20.
C. The following types of projects are exempt from design review; however, the Planning Division will review them for compliance with this Titlethe Zoning Code and consistency with the Citywide Design Guidelines during the building permit plan check process:
1. Infill development consisting of a single-family residence or new residences and structures within an approved conventional residential subdivision (unless otherwise specified in the project specific conditions of approval).
2. Minor exterior modifications or renovations that do not expand the size of the building.
3. Accessory buildings and structures.
4. Outdoor dining areas (not including outdoor food preparation).
5. Minor site improvements or landscape modifications or renovations that are not subject to the Water Efficient Landscape Ordinance and/or do not require a Water Quality Management Plan (WQMP).
D. To facilitate the development of stand-alone multi-family or age-restricted senior residential housing throughout the City, consistent with California Government Code Section 65580, an administrative design review application shall be reviewed by the Community & Economic Development Department Director, or his/her designee, when the proposed development complies with all of the following criteria:
1. Development standards and regulations of thisthe Riverside Municipal Code, including, but not limited to, Title 7 (Noise), 16 (Building and Construction), 17 (Grading), 18 (Subdivision), 19 (Zoning) and 20 (Cultural Resources);
2. Water Quality Management Plan (WQMP) requirements;
3. No other discretionary review is required to approve the development proposal, with the exception of variances;
4. County's Airport Land Use Compatibility Plan (ALUCP), when applicable;
5. Mitigation measures of the Final Program Environmental Impact Report (FPEIR) certified for the City's 2014-2021 5th Cycle Housing Element (SCH # 2017041039), when applicable;
6. Mitigation measures of the FPEIR certified for the City's 2021-2029 6th Cycle Housing Element (SCH # 2021040089), when applicable; and
7. Completion of an operational Traffic Impact Analysis subject to City of Riverside Public Works Department Guidelines, when applicable.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">Ord. 7573</ulink> § 1(Exh. A), 2021; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §45, 2021; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 18, 11-5-2019; Ord. 7408 §1, 2018; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)
19.710.030 Approval required.
A. Where applicable, no new building, structure or sign or exterior alteration or enlargement of an existing building, structure, sign or new landscaping and irrigation shall be commenced or installed until design review approval has been granted pursuant to this Cchapter.
B. The restoration, rehabilitation, alteration, development, construction, demolition, removal or appearance change of any landmark, landmark structure, landmark site or any structure or site within a preservation district requires the granting of a permit by the Cultural Heritage Board or the City Council on appeal (see Title 20).
(Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)
19.710.035 Review responsibilities of Planning Commission or Staff Application Review Team Development Review Committee and Community & Economic Development Department Director.
A. The Staff Application Review Team Development Review Committee or Community and Economic Department Director or his/her designee, as applicable, may approve in full or in part, conditionally approve in full or in part, modify or deny:
1. The plot plan and building elevations for all projects in zones requiring design review approval, that are not subject to separate approval by the Planning Commission.
2. Sign plans in accordance with Citywide Design and Sign Guidelines.
3. The landscape and irrigation plans for all projects that are subject to design review approval. An application will not be considered complete unless required Park and Recreation Department fees are included with the submittal.
4. The plot plan, building elevations, landscape plans and irrigation plans for accessory buildings in zones requiring design review and for cargo container accessory buildings in any zone where they are permitted.
B. The Planning Commission shall approve in full or in part, conditionally approve in full or in part, modify or deny:
1. Plot plan and building elevations for projects related to a planning case subject to their separate approval including conditional use permits, planned residential development permits, and site plan review permits. This does not apply to cases involving only a legislative action, including rezoning or General Plan amendment.
C. The Community & Economic Development Department Director or Staff Application Review Team Development Review Committee, as applicable, may refer any Design Review application to the Planning Commission.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §46, 2021; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)
19.710.040 Design review standards.
A. In addition to the general purposes set forth in Section 19.710.010 (Purpose), the design review procedures established by this Cchapter shall be applied according to and in compliance with the following standards, when applicable:
1. Sites shall be graded and developed with due regard for the aesthetic qualities of the natural terrain and landscape, and trees and shrubs shall not be indiscriminately destroyed.
2. Buildings, structures and signs shall be properly related to their sites and consistent with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of their surroundings and of the City.
3. Open spaces, parking areas, pedestrian walks, signs, illumination and landscaping (including water efficient irrigation facilities) shall be adequately related to the site and arranged to achieve a safe, efficient and harmonious development.
4. Sites shall be developed to achieve a harmonious relationship with existing and proposed adjoining developments, avoiding both excessive variety and monotonous repetition, but allowing, when feasible, similarity of style or originality of design.
5. When feasible, electrical and similar mechanical equipment, and trash and storage areas shall be effectively screened from public view. The use of harmonious or related colors and materials shall be encouraged.
6. The design review process shall endeavor to eliminate the ugly, the garish, the inharmonious, the monotonous, and the hazardous, and shall endeavor to ensure that proposed improvements will not impair the desirability of investment or occupancy nearby; but originality in site planning, architecture, landscaping and graphic design shall not be suppressed.
7. Review shall include exterior design, materials, textures, colors, means of illumination, signing, landscaping and irrigation.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §47, 2021; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)
19.710.050 Citywide Design Guidelines and Sign Guidelines.
All applicable development shall comply with the City Council-adopted Citywide Design Guidelines or successive document.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §48, 2021; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)
19.710.060 Drawings to be approved—Alterations to be approved.
A. No building permit for a new building, structure, or sign, and no building permit for an exterior alteration or enlargement of an existing building, structure, or sign, that is subject to design review as provided in this Cchapter shall be issued until the drawings required by Section 19.710.065 (Drawings to Be Submitted) have been approved pursuant to this Cchapter, and no certificate of occupancy shall be issued unless the construction and property comply with said approved drawings. Said buildings, structures, or signs shall be maintained thereafter in substantial conformance with said approved drawings.
B. If alterations to approved drawings are desired by the applicant, said drawings shall be resubmitted and processed according to the procedures established in this Cchapter for approval of the original drawings.
(Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)
19.710.065 Drawings to Be Submitted.
The drawings submitted as part of the design review application shall be provided in accordance with the latest design review submission checklist available at the Planning Division, which is updated from time to time.
Any other drawings or additional information necessary, as determined by the Community & Economic Development Department Director, or their designee, to adequately consider the drawings set forth herein above and to determine compliance with the purposes of this Cchapter shall be provided. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §49, 2021; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)
19.710.070 Appeals.
A. Appeals.
1. Appeal of the Community & Economic Development Department Director or Staff Application Review Team Development Review Committee Decision: Any person aggrieved or affected by a decision of the Community & Economic Development Department Director, or their designee or the Staff Application Review Team Development Review Committee, as applicable, in granting or denying a design review application may appeal to the Planning Commission at any time within ten calendar days after the date upon which the Community & Economic Development Department Director, or their designee or the Staff Application Review Team Development Review Committee, as applicable, makes a decision. An appeal to the Planning Commission shall be taken by filing a letter of appeal, and the appropriate fee with the Planning Division. Such letter shall set forth the grounds upon which the appeal is based. Upon such appeal the matter shall be placed on the next available agenda meeting of the Planning Commission. The Planning Commission decision is final unless appealed to the City Council.
2. Appeal of the Planning Commission Decision: Any person aggrieved or affected by a decision of the Planning Commission in granting or denying a design review application may appeal to the City Council at any time within ten calendar days after the date upon which the Planning Commission makes a decision. An appeal to the Planning Commission shall be taken by filing a letter of appeal, and the appropriate fee with the Planning Division. Such letter shall set forth the grounds upon which the appeal is based. Upon such appeal the matter shall be placed on the next available agenda meeting of the Land Use Committee of the City Council. The Land Use Committee may continue the matter for more information and upon review of that information shall consider the appeal and make a recommendation to the City Council for consideration at the next regularly scheduled City Council meeting. Any items that, because of scheduling irregularities of the Land Use Committee, cannot be heard by the Land Use Committee within 20 business days of the appeal deadline, shall be referred directly to the City Council unless the applicant requests or consents to a continuance to allow Land Use Committee review. The City Council may affirm, reverse or modify the decision of the Land Use Committee or Planning Commission.