Section 1 Section 17.24.040 is amended to read in its entirety as follows:
17.24.040 Accessory Buildings and Structures.
A. General Requirements for Accessory Buildings and Structures in All Zones.
1. When Accessory Buildings and Accessory Structures May be Constructed. Attached or detached accessory buildings and accessory structures may be constructed with, or subsequent to, the construction of the primary building as provided for herein. Exceptions may be granted as deemed by the City Planner or designee.
2. Requirements Not Included in This Section. Along with the regulations found in this section:
a. Please refer to provisions in chapters on the individual zones for other standards applicable to accessory buildings; and b. The provisions within this section shall not apply to fences, walls, hedges, retaining walls and skirt walls. Please refer to Section 17.24.090, Fences, Walls, and Hedges; Section 17.24.180, Retaining Walls, and Section 17.24.190, Skirt Walls, of this Title for specific regulations pertaining to Fences, Walls, Hedges, Retaining Walls and Skirt Walls.
B. Standards for Attached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in All Zones.
1. Setbacks. With the exception of garages in residential zones which qualify for encroachment into the front yard setback, as provided for in Section 17.32.050(E), Garage Encroachment into the Front Setback, and except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height limits, attached accessory buildings/structures shall comply in all respects with the setback requirements for the primary building.
2. Height Limits. Attached accessory buildings/structures may have the same height limit as primary buildings.
C. Standards for Detached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in Residential Zones and on Residential Lots in Mixed-Use Zones.
1. Setbacks. Except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height Limits of this Title, a detached accessory building/structure shall adhere to the following general setbacks:
a. There shall be a five-foot minimum setback between an accessory building/structure and a primary building, measured at the closest distance between the wall or post of structures. b. When located wholly in the front one-half of the lot, a detached accessory building/structure shall follow the setbacks for the primary building, as prescribed by the zone. c. Except for through lots as described in Section 17.24.210, when located wholly in the rear one-half of the lot:
i. A detached accessory building with 450 square feet or less floor area may encroach into the interior-side yard and/or rear yard setback of the zone up to a property line. One accessory building may encroach into required setbacks on lots 6,000 square feet or smaller, and two buildings may encroach on lots over 6,000 square feet, if they are separated a minimum of 10 feet ii. A detached accessory building with over 450 square feet of floor area shall conform to the setbacks of the underlying zone. iii. A detached accessory structure shall adhere to the setbacks of the zone for the primary building, except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height Limits. d. When portions of the detached accessory building/structure are located in both the front and rear half of the lot, respective portions of both Subsection (C)(1)(a) and (b) of this section shall apply. e. A detached accessory building/structure shall not be located within five feet of any alley. f. On a Corner Lot or a Reverse Corner Lot.
i. Exterior Side Setback. The exterior side setback for a detached accessory building/structure shall be the required or existing front yard setback on the adjacent key lot, whichever is less restrictive. The required or existing front yard setback may be established using any legally constructed building, attached or detached, accessory or primary. ii. Rear Setback. Notwithstanding Subsection (C)(1)(a), (1)(b), (1)(c), (1)(d), and (1)(e)(i), above, the rear setback for a detached accessory building/structure shall be five feet when the accessory building is adjacent to the front two-thirds of the adjacent key lot.
Figure 17.24.040B
iii. Detached garages may encroach into the front yard setback as provided for attached garages in Section 17.32.050(E), Garage Encroachment into the Front Setback, of this Title.
2. Height Limit for Detached Accessory Structures. Except as modified by Section 17.24.080, Maximum Encroachments into Setbacks and Height Limits, General; the height limit for detached accessory structures shall be as follows:
a. Front Half of the Lot. Detached accessory structures in the front half of the lot shall not exceed 15 feet in height; b. Rear Half of the Lot. Detached accessory structures shall have a maximum height of 15 feet, however; the height limit may be increased to the height limit of the zone with the approval of a Development Permit (Section 17.16.100) or Cultural Heritage Permit (Section 17.16.110).
3. Height Limits for Detached Accessory Buildings. Except as modified by Section 17.24.080, Maximum Encroachments into Setbacks and Height Limits, General; the height limit for detached accessory buildings shall be as follows:
a. Front Half of the Lot. Detached accessory buildings in the front one-half of the lot shall not exceed 15 feet in height; b. Rear Half of the Lot.
i. Accessory Buildings with Setback Encroachments. Detached accessory buildings in the rear half of the lot encroaching into required setbacks may be constructed over 15 feet high, up to the height limit of the zone with the approval of a Development Permit (Section 17.16.100) or Cultural Heritage Permit {Section 17.16.110). Setback encroachments require compliance with Section 17.24.080 or the approval of an application in Chapter 17.16; and ii. Accessory Buildings with Setback Compliance. Detached accessory buildings in the rear one-half of the lot may be constructed up to the height limit of the zone if detached accessory buildings comply with required setbacks of the zoning district for the primary building.
D. Standards for Detached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in Nonresidential Zones and on Nonresidential and Mixed-Use Lots in Mixed-Use Zones.
1. Setbacks. Detached accessory buildings/structures shall meet all of the setback requirements for primary buildings, except as modified by Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. The setback is measured at the closest distance between the wall or post of accessory structures and the property line.
2. Height Limits. Detached accessory buildings/structures shall have the same height as the primary building, except as modified by Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title.
3. Setback From the Primary Building. A detached accessory building/structure shall be a minimum of five feet from the primary building, except as modified by Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. The setback is measured at the closest distance between the wall or post of accessory structures and the primary building.
Section 2 Section 17.68.020-17.68.050 is amended to read in its entirety as follows:
17.68.020 Applicability.
A. Applicability of Standards.
1. New Development. The standards in this chapter apply to all nonresidential, mixed-use, and residential development proposed after the effective date of this title, March 21, 1996, with the exception of those projects exempted from this title in accordance with Section 17.04.030(C), Exempt Projects.
2. Existing Development. All development existing prior to the effective date of this title, March 21, 1996, shall comply with the maintenance requirements in Section 17.68.060, Maintenance Requirements. Existing development shall comply with the standards in Section 17.68.040, General Landscaping Requirements, and Section 17.68.050, Landscaping Requirements for Specific Zones, in the following manner:
a. Existing Development Requiring Zoning Administrator, Planning Commission or City Council Review. Existing development which requests improvements or a change of use through a discretionary process shall be reviewed for compliance with the general and specific standards contained in Sections 17.68.040, General Landscaping Requirements, and 17.68.050, Landscaping Requirements for Specific Zones, of this chapter. Through the discretionary review process, compliance or partial compliance may be required by the City when the improvements or change of use are significant enough to warrant landscape improvements. b. Existing Development Requiring Administrative Review. Existing development which requests improvements or a change of required landscaping areas shall be reviewed for compliance with the general and specific standards contained in Sections 17.68.040, General Landscaping Requirements, and 17.68.050, Landscaping Requirements for Specific Zones, of this chapter. c. Other Existing Development. Other development which requests improvements or a change of required landscaping areas shall be reviewed for compliance with the standards contained in Sections 17.68.040, General landscaping requirements, and 17.68.050, Landscaping Requirements for Specific Zones, of this chapter.
B. Requirements for Landscape Plans. Preliminary and comprehensive landscape plans are required for specific types of projects receiving discretionary and ministerial review. Please refer to the Planning Division's Guidelines and Specifications for Landscape Development to determine which type of landscape plan is required for a discretionary and ministerial project, and for submittal requirements. While the standards contained in this chapter pertain only to landscaping on private property, the City also has requirements for landscaping in the public right-of-way and water efficiency regulations for public property. The Planning Division and the City's Beaches, Parks and Recreation Department should be consulted regarding landscaping and water efficiency standards for the public right-of-way and public property. Landscape plans must include the public rights-of-way, as well as private property.
17.68.040 General landscaping requirements.
This section contains general landscaping requirements for all new development and improvements to existing development warranting landscape improvements, as determined through the City's review process. The requirements contained in this chapter are for landscaping on private property while water efficiency standards in this section apply to both private and public property. The Planning Division and the Beaches, Parks and Recreation Department should be consulted for general landscape requirements for public property.
The following are general landscaping requirements for new development and improvements to existing development warranting landscape improvements:
A. Living Plant Materials. Landscaping shall consist primarily of drought tolerant living plant material. In required landscaped areas, living plant material shall be permanently maintained and California Native plant species shall be planted in at least 75 percent of required landscaped areas. Up to 25 percent of required landscaped areas may be covered with natural grass or non-drought tolerant, non-native plant material.
B. Landscaping on Private Property. Only landscaping on private property shall count toward the landscaping requirements of this chapter. Landscaping for parking areas and signs, provided in accordance with Section 17.64.060(C), Landscaping, and Section 17.84.020(B)(3), Landscaping, shall count toward the landscaping requirements of this chapter.
C. Artificial Turf and Permeable Paving. Artificial turf and permeable paving are allowed in areas currently covered with natural grass, and in areas where living plant material is not required. Any existing non-living plant material can be replaced in-kind with other non-living plant material, including artificial turf or pavers.
D. Interference from Landscaping. Trees and shrubs planted on private property shall be planted so that at maturity they do not interfere with service lines, traffic safety visibility area and basic property rights of adjacent property owners.
E. Physical Damage from Landscaping. Trees planted (on private property) near public bicycle trails or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters and other public improvements. Root control barriers shall be utilized.
F. Irrigation Systems. All landscaping for nonresidential, mixed-use, and multi-family residential projects shall have automatic irrigation systems. Duplexes and single-family residential projects need not have automatic irrigation systems, but shall have a permanent means of irrigating landscaping. Low precipitation and drip-type systems are encouraged.
G. State Model Water Ordinance. The State Model Water Efficiency Landscape Ordinance (MWELO), in accordance with provisions established in present-day State Assembly Bill, shall apply to all new and rehabilitated public and private projects, as specified in the City of San Clemente guidelines and specifications for WELO compliance.
H. Utilities. Utilities may occur within required landscaped areas, but only if underground utilities will not preclude appropriate planting of trees, and the utility facilities are screened from public view.
I. More Restrictive Provision Shall Apply. Should any provision of this chapter conflict with any other provisions of this title or any adopted specific or Master Plans, the more restrictive requirements shall apply.
17.68.050 Landscaping requirements for specific zones.
This section contains specific landscaping requirements, by zone, for new development and improvements to existing development warranting landscape improvements, as determined through the discretionary review process. Additional landscaping requirements may be found in Section 17.64.060(C), Landscaping, and Section 17.84.020(B)(3), Landscaping, for landscaping standards for off-street parking areas and signs.
A. Residential Zones.
1. Residential Uses. All residential uses shall comply with the following standards:
a. Minimum landscaping for front yard setback areas for single-family development. 50 percent of the front yard setback area shall have a surface that remains permeable and is to be planted and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements, of this chapter. Exceptions: On lots with lot width 40 feet or less, 45 percent of the front yard setback area shall have a surface that remains permeable and is to be planted and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements, of this chapter.
Exceptions may be granted with the approval of a Minor Exception Permit, in accordance with Section 17.16.090, of this title. In addition to the general findings required for specific permits, one of the following findings shall be made prior to the approval of a Minor Exception Permit:
i. The project incorporates a driveway design that aesthetically improves the property beyond the required landscaping requirements of the Zoning Ordinance; or ii. Due to special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications. b. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted in the front yard setback area; and c. Minimum landscaping for front yard setbacks for all other residential development. All setback areas visible from a public street, with the exception of the minimum areas necessary for entry sidewalks and parking (including driveways and required parking spaces), shall have a surface that remains permeable and is to be planted and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements, of this chapter.
Figure 17.68.050
Minimum landscaping for front yard setbacks for all other residential development. d. For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site; e. For landscaping requirements for signs, refer to Section 17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall count toward the total landscaping requirements for a development site.
2. Nonresidential Uses. Please refer to the landscaping standards for nonresidential uses in nonresidential zones, below. A minimum of 10 percent of the gross lot area shall be provided in landscaping; however, more may be required through the discretionary review process to ensure compatibility of the use with nearby residential development.
3. Exceptions. When the Orange County Fire Authority requires fuel modification zones for defensible space, it shall be at the discretion of the City Planner to grant relief from landscaping requirements set forth in this section.
B. All Nonresidential Zones
1. Commercial Zones. All uses in commercial zones shall comply with the following standards:
a. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted on the site; and b. The following minimum amount of landscaping shall be provided for an individual development site:
Table 17.68.050
Landscaping as a Percent of Gross Lot Area
Standard
NC 1.1, NC 1.2, NC 1.3, NC 2, NC 3
CC 1, CC 2
CC 3
CC 4
Minimum landscaping, as percent of gross lot area
10%
15%
20%
25%
c. For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site; d. For landscaping requirements for signs, refer to Section 17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall count toward the total landscaping requirements for a development site.
2. Mixed-Use Zones, except MU5.
Development in the MU 1, MU2, MU3.0, MU3.1, MU3.2, and MU3.3 zones (MU zones except MU 5) shall comply with the following landscaping standards:
a. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted on the site; and b. Urban Open Area Requirement. Landscaping requirements have been combined with open area requirements for this zone to allow the creation of urban open areas, such as courtyards, pedestrian walkways, outdoor seating areas and pedestrian walkways, accentuated with landscaping. The following are urban open area requirements for developments:
Standard
All Lots
Total Urban Open Area (as percent of net lot area)
If provided on street level
20%
If provided on multiple levels, including on upper level balconies, decks, and roofs with permanently affixed planter boxes 30%
Percentage of Urban Open Area to be provided in Landscaping 25%
Exceptions to these requirements may be granted through the approval of a Minor Exception Permit in accordance with Section 17.40.050(C), Exceptions to the Development Standards for Lots of 12,000 Square Feet or Smaller of this title. c. For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site. d. For landscaping requirements for signs, refer to Section 17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall count toward the total landscaping requirements for a development site.
3. MU 5 Zones.
a. Residential uses in MU 5 shall comply with the landscaping standards for residential uses found in subsection A.1, Residential Uses, of this section. b. Nonresidential uses in MU 5 shall provide a minimum landscaping requirement of 10% of the gross lot area.
4. Exceptions
All nonresidential zones, as stated in Subsection B, may utilize landscaping (i.e., vines, wall planters, etc.) if site constraints prevent minimum standard compliance. Vertical planting area is calculated as wall surface area covered with plant material based on expected plant size at maturity, with vine specimens being expected to cover ten square feet even if smaller at the time of planting.
When the Orange County Fire Authority requires fuel modification zones for defensible space, it shall be at the discretion of the City Planner to grant relief from landscaping requirements set forth in this section.
Section 3 Section 17.36.020 is amended to read in its entirety is follows:
17.36.020 Commercial Use Regulations.
A. Permitted and Conditionally Permitted Uses. Tables 17.36.020, Commercial Zone Uses, list uses which shall be the primary uses allowed to occur on a property. All uses except for those provided for in Sections 17.28.210, Outdoor Display Areas, and 17.28.300, Temporary Uses and Structures, of this title shall be conducted within enclosed structures. The primary uses identified in Table 17.36.020, Commercial Zone Uses, shall be permitted or conditionally permitted as indicated:
P
Where the symbol "P" appears, the use shall be permitted.
MC
Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title.
C
Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits, of this title.
O
Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.
B. Prohibited Uses. The following uses are prohibited:
1. Uses that are listed in Table 17.36.020 but that are not identified as either permitted — "P" — or conditionally-permitted — "MC" or "C"; and
2. Uses that are excluded from Table 17.36.020, unless they are found by the City to be similar to permitted or conditionally-permitted uses.
3. Uses where a blank cell appears in Table 17.36.020.
4. As indicated in Table 17.36.020, the following uses are not permitted in any commercial zone:
a. Marijuana Cultivation.
b. Marijuana Manufacturing.
c. Marijuana Testing Laboratory.
d. Marijuana Delivery.
e. Marijuana Dispensary.
5. The cultivation of industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code, is not permitted in any commercial zone to the fullest extent allowed by state law.
Table 17.36.020
Commercial Zone Uses
Use
Zones
1. Commercial
NC 1.1
NC 1.2
NC 1.3
NC 2
NC 3
CC 1
CC 2
CC 3
CC 4
RMF 1
NOTE
Antiques (Retail Sales)
P
P
P
P
P
P
P
P
P
Art Galleries
P
P
P
P
P
P
P
P
P
Bakery Goods/Sales (No Wholesale Distributors)
P
P
P
P
P
P
P
P
P
Barber Shops
P
P
P
P
P
P
P
P
P
Bicycle Shops
P
P
P
P
P
P
P
P
P
Bookstores
P
P
P
P
P
P
P
P
P
Carpet Sales
MC
P
P
P
P
P
P
P
P
26 Ceramics (Retail Sales)
MC
P
P
P
P
P
P
P
P
26 Cleaners and Laundromats (No Linen Service)
P
P
P
P
P
P
P
P
P
Clothing (Retail Sales)
P
P
P
P
P
P
P
P
P
Confectionery Stores (Small Scale Production with Retail Sales) P
P
P
P
P
P
P
P
P
Convenience Stores
C
C
C
C
C
C
C
C
C
1 Dancing and/or entertainment that has:
a. No amplified sound.
MC
MC
MC
MC
MC
MC
MC
MC
MC
b. Amplified sound.
C
C
C
C
C
C
C
C
C
Drugstores/Pharmacies
P
P
P
P
P
P
P
P
P
Electronics (Retail Sales and Repair)
P
P
P
P
P
P
P
P
P
Fabric Stores
P
P
P
P
P
P
P
P
P
Florists (Retail Sales)
P
P
P
P
P
P
P
P
P
Floor Covering Stores
MC
P
P
P
P
P
P
P
P
26 Furniture Stores (Retail Sales)
MC
P
P
P
P
P
P
P
P
26 Glass/Mirror Sales
MC
P
P
P
P
P
P
P
P
26 Grocery/Food Stores (Not Convenience Stores)
P
P
P
P
P
P
P
P
P
Gunsmith/Gun Shops
C
C
C
C
C
C
C
Hardware Stores
P
P
P
P
P
P
P
P
P
Home Appliance Stores (Retail Sales and Repair)
MC
P
P
P
P
P
P
P
P
26 Ice Cream Parlors (Retail Sales with Small Production) P
P
P
P
P
P
P
P
P
Interior Decorating Stores
MC
P
P
P
P
P
P
P
P
26 Janitorial Supplies
P
P
P
P
P
P
P
Jewelry Stores
P
P
P
P
P
P
P
P
P
Lawnmower Sales/Service
MC
P
P
P
P
P
P
P
P
26 Liquor Sales for On-
Site Consumption:
a. Hard alcohol
C
C
C
C
C
C
C
C
C
b. Beer and wine indoors with active
food service
P
P
P
P
P
P
P
P
P
c. Beer and Wine in outdoor dining areas with active food service MC
MC
MC
MC
MC
MC
MC
MC
MC
d. Beer and Wine without active food
service
MC
MC
MC
MC
MC
MC
MC
MC
MC
Locksmith Shops
MC
MC
P
P
P
P
P
P
P
Mail-Order Stores
MC
MC
P
P
P
P
P
P
P
Marijuana Cultivation
Marijuana Delivery
Marijuana Dispensary
Marijuana Manufacturer
Marijuana Testing Laboratory
Medical/X-Ray Equipment (Sales Only)
P
P
P
P
P
P
P
Music Sales
P
P
P
P
P
P
P
P
P
Newsstands (On Private Property)
P
P
P
P
P
P
P
P
P
Nurseries (Indoor Garden Retail Sales)
MC
P
P
P
P
P
P
P
P
26 Nurseries (Outdoor Garden Retail Sales)
C
C
C
C
C
C
C
C
Office Equipment/Supplies
C
P
P
P
P
P
P
P
P
26 Paint/Wallpaper Sales
MC
P
P
P
P
P
P
P
P
26 Patio/Outdoor Furniture Sales
MC
P
P
P
P
P
P
P
P
26 Pawn Shops
C
C
C
C
C
C
C
Pet Shops
MC
MC
MC
MC
MC
MC
MC
MC
MC
Pet Supply Stores
MC
P
P
P
P
P
P
P
P
26 Photographic Equipment Sales
MC
P
P
P
P
P
P
P
P
26 Pottery (Retail Sales with Small Production)
MC
P
P
P
P
P
P
P
P
26 Shoe Stores (Retail Sales and Repair)
P
P
P
P
P
P
P
P
P
Smoke or Tobacco Shops
C
C
C
C
C
1 Specialty Food Stores
P
P
P
P
P
P
P
P
P
Sporting Goods (Retail Sales)
MC
P
P
P
P
P
P
P
P
26 Stationery Stores
P
P
P
P
P
P
P
P
P
Surfboard (Custom Manufacturing)
C
C
C
C
C
C
C
Swimming Pool Accessory Shops
MC
P
P
P
P
P
P
P
P
26 Tailors/Dressmakers
P
P
P
P
P
P
P
P
P
Use
Zones
2. Hospital Uses
NC 1.1
NC 1.2
NC 1.3
NC 2
NC 3
CC 1
CC 2
CC 3
CC 4
RMF 1
NOTE
Ambulance Services
C
C
C
C
Accessory Uses to Hospital (e.g. laboratories, medical offices, florists, and parking lots).
P
2 Hospital
C
Specialty Hospital
C
Use
Zones
3. Lodging
NC 1.1
NC 1.2
NC 1.3
NC 2
NC 3
CC 1
CC 2
CC 3
CC 4
RMF 1
NOTE
Bed and Breakfast Inns:
3 a. Five or Fewer Guest Rooms
P
P
P
P
P
P
P
P
b. Six to 10 Guest Rooms
MC
MC
MC
MC
MC
MC
MC
MC
c. Over 10 Guest Rooms
C
C
C
C
C
C
C
C
Hotel and Ancillary Uses
C
C
C
C
C
C
C
C
Motels
C
C
C
C
C
C
C
C
Timeshares
C
C
C
C
C
C
C
C
Use
Zones
4. Personal Services
NC 1.1
NC 1.2
NC 1.3
NC 2
NC 3
CC 1
CC 2
CC 3
CC 4
RMF 1
NOTE
Barber, beauty, nail, and tanning services
P
P
P
P
P
P
P
P
P
Body Art Establishments
1 Body Piercing Studios
P
P
P
P
P
P
P
P
P
1 Tattoo Parlors
P
P
P
P
P
P
P
P
P
1 Use
Zones
5. Professional Offices, Financial Institutions and Related Uses NC 1.1
NC 1.2
NC 1.3
NC 2
NC 3
CC 1
CC 2
CC 3
CC 4
RMF 1
NOTE
Ambulance Services (Office Only)
P
P
P
P
P
P
P
P
P
Banks/Financial Institutions
P
P
P
P
P
P
P
P
P
Banks/Financial Institutions with Drive-Through Facilities C
C
C
C
C
P
P
P
P
Newspaper Publication and Office
P
P
P
P
P
P
P
P
Employment Agencies
P
P
P
P
P
P
P
P
Offices, Medical
P
P
P
P
P
P
P
P
P
Offices, Professional
P
P
P
P
P
P
P
P
P
Offices, Veterinary/Animal Hospitals
MC
P
P
P
P
P
P
P
P
26 Secretarial Services
P
P
P
P
P
P
P
P
P
Telemarketing Services
P
P
P
P
P
P
P
P
Travel Agencies
MC
P
P
P
P
P
P
P
P
26 Use
Zones
6. Public/Quasi Public and Institutional Uses
NC 1.1
NC 1.2
NC 1.3
NC 2
NC 3
CC 1
CC 2
CC 3
CC 4
RMF 1
NOTE
Churches
C
C
C
C
C
C
C
C
C
Clubs/Social Organizations
C
C
C
C
C
C
C
C
C
Congregate Care Facilities
C
C
C
C
C
C
C
C
4 Convalescent Homes
C
C
C
C
C
C
C
C
Day Care Facilities:
5 a. Small-Family Day Care Home
P
P
P
P
P
P
P
P
P
6 b. Large-Family Day Care Home
P
P
P
P
P
P
P
P
P
6 c. Day Care Centers
C
C
C
C
C
C
C
C
C
Group Instruction
MC
MC
MC
MC
MC
MC
MC
MC
MC
Group Counseling
C
C
7 Libraries
P
P
P
P
P
P
P
P
P
Parking Lots
MC
MC
MC
MC
MC
MC
MC
MC
MC
8 Parking Structures
C
C
C
C
C
C
C
C
C
Parks
O
O
O
O
O
O
O
O
O
9 Public Utilities:
10 a. City-Initiated Projects
O
O
O
O
O
O
O
O
O
O
b. Projects Initiated by Outside Agencies:
i. Major Utilities
C
C
C
C
C
C
C
C
C
C
ii. Minor Utilities
P
P
P
P
P
P
P
P
P
P
Schools, Public and Private
C
C
C
C
C
C
C
C
C
Transportation Facilities
C
C
C
C
C
C
C
Use
Zones
7. Residential Uses
NC 1.1
NC 1.2
NC 1.3
NC 2
NC 3
CC 1
CC 2
CC 3
CC 4
RMF 1
NOTE
Qualified Affordable Housing Development
Projects
P
P
P
P
P
P
11, 25
Senior Housing Projects
P
P
P
P
C
P
C
P
11, 12, 25
Use
Zones
8. Restaurants and bars
NC 1.1
NC 1.2
NC 1.3
NC 2
NC 3
CC 1
CC 2
CC 3
CC 4
RMF 1
NOTE
Bars, cocktail lounges (with or without dancing and/or entertainment) C
C
C
C
C
C
C
C
C
Microbreweries (with limited production up to 5,000 barrels and tasting room) as defined in Section 17.88 C
C
C
C
C
C
C
C
C
Taprooms as defined
in Section 17.88
C
C
C
C
C
C
C
C
C
Restaurants without a drive-through
P
P
P
P
P
P
P
P
P
Restaurants with drive-through
C
C
C
C
C
C
C
C
13 Use
Zones
9. Unclassified Uses
NC 1.1
NC 1.2
NC 1.3
NC 2
NC 3
CC 1
CC 2
CC 3
CC 4
RMF 1
NOTE
Accessory Buildings
C
C
C
C
C
C
C
C
C
C
Alcohol Beverage Sales Concurrent with Motor Vehicle Fuel-Convenience Store Sales C
C
C
C
C
C
C
C
C
14 Amusement Centers
C
MC
MC
MC
MC
MC
MC
MC
MC
15 Animal Grooming Shops
MC
P
P
P
P
P
P
P
P
26 Bowling Alley
C
MC
MC
MC
MC
MC
MC
MC
MC
Drive-Thru Facilities, When in Conjunction with a Use Permitted or Conditionally Permitted in this Zone C
C
C
C
C
C
C
Grading, Not Accompanying a Development Request:
16 a. Emergency
P
P
P
P
P
P
P
P
P
P
b. Major
C
C
C
C
C
C
C
C
C
C
c. Minor
P
P
P
P
P
P
P
P
P
P
Health/Fitness/Sports Clubs and Facilities
C
C
C
C
C
C
C
C
C
Massage
C
C
C
C
C
C
C
17 Accessory Massage
MC
MC
MC
MC
MC
MC
MC
MC
MC
17 Mortuaries
C
C
C
C
C
C
C
Pool Halls
C
C
MC
MC
MC
MC
MC
MC
MC
18 Recycling Facilities:
19 a. Reverse Vending Machines
P
P
P
P
P
P
P
P
P
b. Small Collection
C
P
P
P
P
P
P
P
P
26 c. Large Collection
C
C
C
C
C
C
C
Theaters
C
C
MC
MC
MC
MC
MC
MC
MC
Urban Private Storage
Wine Tasting (Only as an Accessory Use to establishments selling wine or wine related products as a primary use) MC
MC
MC
MC
MC
MC
MC
MC
MC
Use
Zones
10. Vehicle-Related Uses
NC 1.1
NC 1.2
NC 1.3
NC 2
NC 3
CC 1
CC 2
CC 3
CC 4
RMF 1
NOTE
Car Washes
C
C
C
C
C
C
C
24 Service Stations
C
C
C
C
C
C
C
C
C
22 Vehicle Parts Stores
P
P
P
P
P
P
P
Vehicle Dealerships
C
C
C
C
C
C
C
23 Vehicle Sales [fewer than 10 vehicles on site]
MC
MC
MC
MC
MC
MC
MC
23 Vehicle Sales [10 or more vehicles on site]
C
C
C
C
C
C
C
23 Vehicle Rental [5 or fewer vehicles on site]
P
P
P
P
P
P
P
23 Vehicle Rental [6 or more vehicles on site]
MC
MC
MC
MC
MC
MC
23 Vehicle Service and Repair-Related Facilities/Vehicle Repair, Minor or Major C
C
C
C
C
C
C
24 Footnotes:
1. Refer to Chapter 17.28, Special Uses, of this title for special provisions for the referenced land use.
2. Refer to Section 17.28.220, Parking Lots, of this title, for special provisions for single-use parking lots.
3. Refer to Section 17.28.090, Bed and Breakfast Inns, of this title, for special provisions for bed and breakfast inns.
4. Refer to Section 17.28.110, Congregate Care Facilities of this title for special provisions for congregate care facilities.
5. Refer to Section 17.28.100, Child Day Care Facilities, this title, for special provisions for day care facilities.
6. Small-family and large-family day care homes are permitted in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-family dwelling in which the underlying zoning allows for residential uses, or a legal non-conforming single-family dwelling unit in a nonresidential zone. Small-family and large-family day care homes only shall operate in buildings that were lawfully constructed.
7. A group-counseling use is conditionally permitted in an RMF 1 zone only if it is integrated into, and secondary in nature to, a Hospital facility. The group-counseling use must serve the primary use of the site as a general Hospital that serves the broader community.
8. Refer to Section 17.28.220, Parking Lots, of this title, for special provisions for parking lots.
9. Refer to Section 17.28.230, Public Park Facilities, of this title for review requirements for parks.
10. Refer to Section 17.28.240, Public Utilities, of this title, for special provisions for public utilities.
11. Qualified Affordable Housing Developments and Senior Housing Projects are permitted uses in the subject zoning district only if the property is located within the Housing Overlay. Refer to Section 17.56.090, Housing Overlay, for projects in Commercial Zones of this title, for special provisions.
12. Refer to Section 17.28.280, Senior Housing Projects, of this title, for special provisions for senior housing projects.
13. Refer to Section 17.28.260, Restaurants, Drive-In, Drive-Through, of this title, for special provisions for drive-in/drive-thru restaurants.
14. Refer to Section 17.28.040, Alcoholic beverages and motor vehicle fuel, concurrent sale of, of this title, for special provisions for concurrent sales of motor fuel and alcoholic beverages.
15. Refer to Section 17.28.050, Amusement Centers, of this title, for special provisions for arcades/amusement centers.
16. Refer to Section 17.28.130, Grading, of this title, for special provisions for grading requests that are not accompanying development requests.
17. Massage is subject to Section 5.28 of the City of San Clemente Municipal Code. Refer to Section 17.28.185, Massage Establishments, of this title, for special provisions for massage establishments and accessory massage establishments.
18. The provisions for amusement centers shall apply to poolhalls. Please refer to Section 17.28.050, Amusement Centers, for special provisions for amusement centers.
19. Refer to Section 17.28.250, Recycling Facilities, of this title, for special provisions for recycling facilities.
20. Refer to Section 17.28.290, Service Stations, of this title, for special provisions.
21. Refer to Section 17.28.310, Vehicle Dealerships, Rental, and Sales of this title, for special provisions for vehicle dealerships.
22. Refer to Section 17.28.320, Vehicle Service and Repair-Related Facilities, of this title, for special provisions.
23. Refer to Section 17.28.310, Vehicle Dealerships, Rental, and Sales of this title, for special provisions for vehicle dealerships.
24. Refer to Section 17.28.320, Vehicle Service and Repair-Related Facilities, of this title, for special provisions.
25. Qualified Affordable Housing Developments, Senior Housing, and Market Rate Residential projects seal not be allowed to convert existing hotel/motel uses which have provided lower cost visitor serving accommodation in the last five years, unless the project provides equivalent new lower cost visitor serving accommodation or unless required to be approved pursuant to State law.
26. Subject uses proposed on NC1.2 zoned properties adjacent to Residential Zones require a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title.
Section 4 Section 17.24.180 is amended to read in its entirety as follows:
17.24.180 Retaining Walls.
A. Purpose and Intent. In a community with sloping topography, retaining walls are often necessary to create developable or usable areas. The purpose and intent of this section is to establish standards that allow for retaining walls, while limiting their visual and traffic impacts. The purpose of a stricter height limit in the front yard is to provide for an open street scene, to allow the primary structures on a street to be visible and to contribute to the visual character of the neighborhood, and to allow for unobstructed views of traffic to and from driveways. The standards are also meant to minimize the height of retaining walls and their impacts upon adjacent structures.
B. Standards for Retaining Walls in All Zones.
Construction and Maintenance. Retaining walls shall be constructed and maintained so that they do not constitute a hazard to traffic, persons or property.
Measuring Height. The height of retaining walls shall be measured from the lower side of finished grade to the top of the retaining wall.
Landscaping. There shall be a minimum of a two-foot-deep area at the base of retaining walls in the following areas that shall be planted consistent with landscape standards in Section 17.68.040:
Front Yard Setbacks.
Street-Side Yard Setbacks.
Within Inland Canyon (IC) Overlays or Coastal Canyon Setbacks.
Within 10 feet from Open Space zones or open-space easements.
C. Standards for Retaining Walls in Nonresidential Zones. The height limit, design, materials, stepping, and other retaining wall features of retaining walls are reviewed and approved through an architectural review process with the required approval of a Development Permit (Section 17.16.100), or a Cultural Heritage Permit (Section 17.16.110) for historic resources and landmarks on the City's designated historic resources and landmarks list.
D. Standards for Retaining Walls in Residential Zones. Unless otherwise provided for in the applicable zones, the following standards shall apply to retaining walls and to all structural elements supporting the retaining walls, including pilasters, trellises, etc. In addition to the regulations set forth in this section, all retaining walls shall be constructed and maintained so that they do not constitute a hazard to traffic, persons, or property.
1. Height Limits. The maximum height limits for residential retaining walls are shown in Table 17.24.180, Height Limits for Residential Retaining Walls, below.
Table 17.24.180
Height Limits for Residential Retaining Walls
Area of Lot
Maximum Height Limit
Front Yard Setback Area
3 ft. 6 in.
Interior Side Yard Setback Area
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height.
Street-Side Yard Setback Area
Reverse corner lot 3 ft. 6 in. Corner lot: Within 5 ft. of street-side property line: 3 ft. 6 in. Remaining width of the street side yard: 6 ft.
Rear Yard Setback Area
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height.
Other Areas of Lot
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height.
2. Stepping of Retaining Walls. A number of retaining walls (stepping) may be constructed to substitute for one tall retaining wall if both of the following occur:
a. The height of each retaining wall must comply with the height limits of Table 17.24.180, Height Limits for Retaining Walls, above; and b. The minimum distance between any two retaining walls shall be equal to or greater than the height of the taller of the two retaining walls. The distance between the two walls shall be measured as the horizontal separation between the two closest wall faces: the back face of the downslope retaining wall and the front face of the up slope retaining wall. The distance between stepped walls in-the-bank-garages may be reduced with the approval a minor exception permit as described in Section 17.16.090, Minor Exception Permits.
Distance Between Retaining Walls and Other Walls, Fences, or Similar Structures. The minimum distance between a retaining wall and any other wall, fence, or similar structure shall be equal to or greater than the height of the taller of the two structures, measured from the back face of the retaining wall and the front face of the adjacent structure.
Figure 17.24.180
4. Guardrail Requirements.
a. Guardrail Height. The height of guardrails constructed on top of retaining walls 30 inches or more in height shall be no higher than the minimum height required by the Building Code. The height is measured from the top of the retaining wall to the top of the guardrail. b. Materials for Guardrails. Guardrails shall be designed and constructed of materials that limit visual impacts. Unless the City Planner finds it is unnecessary to limit visual impacts, any structure serving as a required guardrail and located in a front yard setback, rear yard setback (on through lots), street side yard setback (within five feet of street side property line), or in other instances where retaining walls are in a location or have a height that will have significant visual impacts, shall be designed or constructed of materials that are mostly open or transparent. Guardrails are "mostly open" when they are constructed of materials that may include, but are not limited to glass or have metal or wood pickets. The City Planner determines if the design and materials of guardrails will adequately limit visual impacts. The City Planner's decision may be appealed per Chapter 17.12.140. c. Guardrails with Pilasters. When incorporated into guardrails required by the Building Code, pilasters shall be allowed above retaining walls as follows:
i. The maximum height of pilasters shall not exceed 42 inches as measured from the top of the retaining wall to the top of pilasters. In the case where swimming pools are proposed, the height of the pilasters shall be no higher than the minimum height required by the Swimming Pool Code. ii. The minimum centerline distance between pilasters shall not be less than six feet when the pilaster is part of the required guardrail and not less than four feet when the pilaster is part of the required hand rail for stairways.
5. Exceptions.
a. The following exceptions are allowed with the approval of a Minor Exception Permit per Section 17.16.090, of this title. i. An increase in the permitted height of retaining walls up to a maximum height of six feet for walls located in front yards, rear yards (on through lots), or located within five feet of street-side yard property lines. ii. An increase in the permitted height of a retaining wall up to a maximum height of eight feet, six inches for walls not located in front yards, rear yards (on through lots), or street-side yards. b. Required Findings. In addition to the general findings required in Section 17.16.090(F), all of the following findings shall be made prior to the approval of a Minor Exception Permit to exceed the standards for retaining walls:
i. The height of the retaining wall will not be unsightly or incompatible with the character of or uses in the neighborhood; ii. The height of the retaining wall will not have negative visual impacts upon the street scene or obstruct views of traffic to and from driveway; iii. The additional height is necessary, given topographical constraints.
Section 5 Section 17.84.030 is amended to read in its entirety as follows:
17.84.030 Specific Regulations by Sign Type.
A. Purpose and Intent. The purpose of this section is to identify the specific sign standards relating to sign type, sign size, number of signs, height of signs, location of signs, general provisions and the Sign Permits required.
B. General Notes. The following general notes shall apply to all signs listed in the following matrix, unless otherwise indicated:
1. Signs that require Administrative or Discretionary Sign Permits are indicated in the following matrix. Other sign characteristics besides those indicated in the following matrix may also require administrative or discretionary review.
2. Signs may be governed by other sections of this code and those sections shall also apply. If there is a conflict in regulations, the most restrictive shall apply.
3. Change of copy to an existing sign that is identical in sign area, sign size, sign type, location and materials requires an Administrative Sign Permit.
4. Any change to an existing sign other than a change of copy as defined above requires compliance with the provisions of this chapter. For removal of signs, refer to Section 17.84.020(H), Removal of Signs, of this chapter.
5. All temporary signs are prohibited in the public right-of-way unless otherwise authorized by this chapter.
6. All signs listed, unless exempt from both Administrative and Discretionary Sign Permits, will count towards the total allowable sign area.
7. For Master Sign Programs, see Section 17.84.020(G), Master Sign Program, of this chapter.
8. For size of signs, see Section 17.84.020(D), Sign Area Allowed, of this chapter.
9. For height of signs, see Section 17.84.020(E), Computation for Sign Height, of this chapter.
10. For signs overhanging the public right-of-way, see Section 17.84.030(E), Permanent Signs Encroaching into Public Right-of-Way, of this chapter.
11. For sign exceptions, see Section 17.16.260, Sign Exception Permits, of this title.
12. Fascia signs cannot extend more than 18 inches above the lower edge of a sloping roof.
13. Unless otherwise permitted pursuant to this chapter, no person shall display or cause to be displayed any sign on, within or over any public street or right-of-way or public property in the City.
14. Unless otherwise permitted pursuant to this chapter, no person shall display or cause to be displayed any sign on, within or over any private property in the City without the written consent of the owner, lessee or other person lawfully in possession of the property.
15. Except as expressly permitted or authorized in this chapter, all other signs are prohibited within the City.
16. Any non-commercial message may be substituted for the copy on any commercial sign that is allowed under the municipal code.
Table 17.84.030A
Matrix of Sign Types
Sign Type
Maximum
Number of
Signs
Permitted
Maximum
Size per Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
These are special considerations required for the specific type of sign proposed.
Address Signs
2 per unit
4 sq. ft.
—
None
Character
Height Max: Res: 8 in. Non-Res: 1 ft.
Ancillary Service Signs
5 per business
2 sq. ft. per sign
—
None
Ancillary service signs must be affixed to building, wall, window.
Animated Signs
Prohibited
Arcade Signs
—
64 sq. ft. outside an Architectural Overlay District, less than 25 sq. ft. within an Architectural Overlay District —
Adm. Sign Permit
Sign must provide minimum of 8 ft. clearance between bottom of sign and sidewalk. —
Between 25 sq. ft. and 64 sq. ft. within an Architectural Overlay District —
Adm. Sign Permit, and Discretionary Sign Permit
ATM Signs
2 5 sq. ft. per ATM
—
Adm. Sign Permit, in conjunction with Building Permit
Signs permitted on ATM machine only and may be lighted.
Awning signs
—
64 sq. ft. outside and Architectural Overlay District, less than 25 sq. ft. within an Architectural Overlay District —
Adm. Sign Permit
Sign must provide minimum of 8 ft. clearance between bottom of sign and sidewalk.
Between 25 sq. ft. and 64 sq. ft. within an Architectural Overlay District Adm. Sign Permit, and Discretionary Sign Permit
Balloon Signs
Prohibited
Temporary Banner Signs
One per business
64 sq. ft.
—
Adm. Sign Permit
See Section 17.84.030(H) for criteria
Bed and Breakfast Signs: Within a Residential Zone
Refer to Section 17.28.090, Bed and Breakfast Inns, of this title Bed and Breakfast Signs: Outside a Residential Zone
Refer to specific sign type proposed
Blade Signs
One (1) per tenant street and pedestrian way frontage; no more than two (2) per tenant (See Section 17.84.030(G)) Six (6) square feet
Fifteen (15) feet from ground to the top of sign
Adm. Sign Permit
See Section 17.84.030(G) for Criteria
Blinking, Flashing Signs
Prohibited
Business Directory Signs
1 freestanding sign per street frontage
Freestanding sign: 24 sq. ft
6 ft.
Adm. Sign Permit, and Discretionary Sign Permits for wall mounted business directory signs 25 to 64 sq. ft. within an Architectural Overlay District Nameplates indicating only the tenant and suite are exempt from these requirements. Residential directory signs are exempt from this requirement. 1 wall sign per public entrance into building
Wall sign: 64 sq. ft.
—
Canopy Signs
—
64 sq. ft. outside an Architectural Overlay District, less than 25 sq. ft. within an Architectural Overlay District —
Adm. Sign Permit
Sign must provide minimum of 8 ft. clearance between bottom of sign and sidewalk.
Between 25 sq. ft. and 64 sq. ft. within an Architectural Overlay District —
Adm. Sign Permit, and Discretionary Sign Permit
Commercial Mascot Signs
Prohibited
Construction Signs
1 per street
frontage
12 sq. ft.
within a
residential
zone
24 sq. ft.
within a
nonreside
ntial zone
4 ft. within
a
residential
zone
6 ft. within
a
nonresiden-
tial zone
None
Signage may only be
displayed when building
permits are active for the
construction project.
Directional Signs
—
—
—
None
Cannot contain advertising.
Drive-Up Menu Board Signs for Drive-Up Food Service
2 per site
32 sq. ft.
6 feet
Adm. Sign Permit Menu board signs require a Conditional Use Permit Menu board and speakers shall be oriented away from residential uses and from public right-of-way.
Fascia Signs
—
64 sq. ft.
—
Adm. Sign Permit, and Discretionary Sign Permit for signs 25 to 64 sq. ft. within an Architectural Overlay District Flags
3 per site or building
40 sq. ft. per flag
Flag pole may not exceed the height of the zone in which it is located None
Flag pole may require a Building Permit.
Flag Signs
1 per site or building
40 sq. ft. per flag sign
Flag pole may not exceed the height of the zone in which it is located Adm. Sign Permit
May only be authorized temporarily in association with an approved temporary use permit or special event Freestanding Signs
Refer to specific sign type
Freeway-Oriented Signs
Prohibited (regardless of size or height)
Freeway-Visible Sign
As determined through the Discretionary Sign Permit process Consistent with Section 17.84.020(D), and subject to the Discretionary Sign Permit process Consistent with Section 17.84.020(D), and subject to the Discretionary Sign Permit process Discretionary Sign Permit, and Administrative Sign Permit A Discretionary Sign Permit is required to ensure that the Freeway-Visible Sign does not become a Freeway-Oriented Sign.
Garage Sale Signs
1 per site
4 sq. ft.
—
None
Must be posted on site and removed no later than the day after the sale. No off-site signs allowed.
Grand Opening Signs
1 per site
4 sq. ft.
—
Adm. Sign Permit
Will not count toward banner allowance during calendar year.
May be displayed for a maximum of 30 days.
The application for a Temp. Banner Permit must accompany a new business license application or new certificate of occupancy.
Hand Held Signs
Prohibited
Marquee Signs
1 per building frontage
64 sq. ft.
The sign shall not exceed the height of the building upon which the sign is located.
Adm. Sign Permit, and Discretionary Sign Permit for marquee signs 25 to 64 sq. ft. within an Architectural Overlay District Marquee signs may be allowed for uses such as entertainment, churches, temples or other similar uses that require interchangeable copy.
Model Home Complex Signs
Determined through the Conditional Use Permit process for model home complex, maximum 3 flags per model Determined through the Conditional Use Permit process
15 ft. for flag signs
Adm. Sign Permit
Signs must be removed upon buildout of subdivision. Signs for model home complex shall also require a Conditional Use Permit.
Monument Signs
1 monument sign per street frontage. 1 additional sign for sites with more than 150 ft. of street frontage 64 sq. ft.
10 ft.
Adm. Sign Permit, and Discretionary Sign Permit for monument signs which are: over 6 feet in height up to 10 feet, over 24 sq. ft. (per face) for a single-tenant monument sign, over 32 sq. ft. (per face) for a multi-tenant monument sign Only 1 sign face of a monument sign shall count towards overall sign allowance for site.
Moving, Revolving Signs
Prohibited
Mural
Maximum of one mural per legal parcel, or one mural per building, whichever is more restrictive.
Mural area is not to exceed a single wall plane.
Shall not exceed the maximum height of the zone or exceed the height of the structure on which it is applied, whichever is more restrictive Mural Permit
Materials or paint shall be weatherproof or resistant to wear.
May only be permitted in non-residential zones.
Shall not include integrated illumination, electrical, or moving components but may be illuminated by non-integrated light.
Permit expires two years from issuance, at which time, a new permit may be obtained or the mural removed.
The mural shall be properly maintained through repair, paint. or any necessary treatment, so as to prevent decay. Defective or insufficient weather protection for exterior treatments and facades, including faded paint or materials and graffiti, shall be promptly addressed, and repaired or stabilized to prevent further deterioration.
Noise Making or Audible Signs, Except for Drive-Up Menu Boards Prohibited
Nonpermanent Vehicle Signs, Including Semitrailers
Prohibited
Off-Site Signs
Prohibited
Open House Signs
1 sign on site plus 5 off-site directional signs. Maximum of 1 sign per intersection directing traffic in same direction 4 sq. ft.
4 ft.
None
Open house sign shall be allowed only while the open house is in progress, cannot remain over night, cannot be affixed to any public above ground structure (such as utility poles) cannot be placed in the public right-of-way and cannot interfere with traffic.
Permanent Mounted Vehicle Signs
1 per side, 2 sides maximum
64 sq. ft.
—
None
Sign must be painted on the vehicle and the vehicle must be licensed and operable.
Project Identification Signs
Project Identification signs shall be reviewed through a Discretionary Sign Permit process.
Residential
Permanent Subdivision/
Apartment Complex
(5 or more units)/
Mobile home park Signs
2 per entrance from public right-of-way
24 sq. ft.
6 ft.
Adm. Sign Permit
Non-
Residential
2 per entrance from public right-of-way
64 sq. ft.
6 ft.
Adm. Sign Permit
Pole Signs
1 per site
64 sq. ft.
15 ft.
Adm. Sign Permit, and Discretionary Sign Permit
Portable Signs
Maximum of 1 sign per business, and a maximum 2 signs per building for multi-tenant buildings 6 sq. ft. per side, 2 sides maximum
4 ft. for portable signs not flush against building. 6 ft. for portable signs flush against the building Adm. Sign Permit
Refer to portable sign Section 17.84.030(D), Portable Signs. Sign cannot encroach into public right-of-way.
Projecting Signs
1 per business
64 sq. ft.
—
Adm. Sign Permit, and Discretionary Sign Permit for signs 25 to 64 sq. ft. within an Architectural Overlay District Sign must provide minimum of 8 ft. clearance between bottom of sign and sidewalk. Cannot project more than 2 ft. from wall to which it is affixed.
Real Estate Signs:
Other than Open
House Signs
1 per
building or
site
24 sq. ft. if
within a
commerci-
al zone.
12 sq. ft. if
within a
residential
zone
Freestanding sign: 6
feet
None
Cannot be lighted; must
be located on-site; sign
area of the real estate
sign shall not count
towards total sign area
permitted for the site.
Signage may only be
displayed when real
estate is actively on
market for sale, lease, or
rent.
Recycling Facility Signs
Refer to Section 17.28.250, Recycling Facilities, of this title.
Roof-Mounted Signs
Prohibited
Security Signs
1 per unit
2 sq. ft.
—
None
Service Station Signs
Canopy sign: 2 signs maximum and 1 sign maximum per elevation 24 sq. ft.
—
Adm. Sign Permit, and Discretionary Sign Permit
Price signs regulated by State.
Spanner sign: 1 per pump island (may be 2-sided)
24 sq. ft.
—
Monument sign: 1 per lot frontage
32 sq. ft.
6 ft.
Pole sign: 1 per site
32 sq. ft.
15 ft.
Shingle Signs
—
64 sq. ft. outside an Architectural Overlay District, less than 25 sq. ft. within an Architectural Overlay District —
Adm. Sign Permit
Sign must provide minimum of 8 ft. clearance between bottom of sign and sidewalk.
Between 25 sq. ft. and 64 sq. ft. within an Architectural Overlay District Discretionary Sign Permit
Snipe Signs
Prohibited
Special Event Signs
—
—
—
Adm. Sign Permit
Shall not be installed 30 days prior to the event, and shall be removed within 2 days after event. Cannot create a traffic hazard.
Umbrella Sign
—
—
1′ copy
Adm. Sign Permit
Umbrellas shall be made of fire-retardant material.
Copy area shall not count towards overall sign area for business and site.
Wall Sign
—
64 sq. ft.
—
Administrative Sign Permit Discretionary Sign Permit for signs 25 to 64 sq. ft. within an Architectural Overlay District Wall signs must be permanently affixed to the building.
Wind Driven Signs
Prohibited
Window Sign
Under 25% of Individual Window
—
Less than 25% of individual window
—
None
Over 25% of Individual Window
—
64 sq. ft.
—
Administrative Sign Permit
C. Portable Signs. Portable signs, excluding banner signs, shall be allowed for businesses subject to the following:
1. Design of Portable Signs.
a. The portable sign shall be hand-crafted in appearance. b. Acceptable materials may include, but not be limited to, metal, painted wood, plastic, ceramics, or other similar durable materials. Paper, light cloth, exposed or unpainted wood and particle board are prohibited. c. Portable signs cannot be lighted.
d. Portable signs shall be well maintained.
e. The sign area of a portable sign shall not count towards the total sign area permitted for business or building.
2. Location of Portable Signs.
a. Portable signs must be located immediately adjacent along the business storefront and in close proximity to the main public entrance of the business advertised. b. At no time shall portable signs be placed within any landscaped area. c. The portable sign must be able to be easily carried and transported, not permanently affixed to the street, sidewalk, wall, awning, public fixtures, or other similar public improvements. d. The portable sign may remain outside only during those hours the business is open. e. The portable sign shall be located outside the public right-of-way. f. The portable sign cannot interfere with pedestrian or vehicular traffic or parking. g. The portable sign cannot pose a safety threat.
D. Permanent Signs Encroaching into Public Right-of-Way. The following permanent sign types may be allowed to encroach into the public right-of-way when all of the following standards are complied with:
1. Maximum Encroachment.
Table 17.84.030B
Maximum Encroachments of Permanent
Signs into the Public Right-of-Way
Sign Type
Maximum Encroachment into Public Right-of-Way
Arcade
24″
Awning
48″
Canopy
48″
Shingle
24″
Fascia
12″
Marquee
12″
Projecting
24″
Wall
12″
2. The sign must be permanently affixed to the building it serves.
3. The sign shall not create a traffic hazard for pedestrians or vehicles.
4. The sign shall not extend beyond the edge of sidewalk or curb adjacent to the street.
5. The sign shall maintain a minimum of eight feet vertical clearance between the sidewalk and bottom of the sign.
6. The owner of the sign encroaching into the public right-of-way shall be required to enter into an agreement with the City that indemnifies the City from all liability associated with the sign that encroaches.
7. For temporary banners over the public right-of-way refer to temporary banner sign policy.
E. Temporary Signs.
1. Unpermitted Temporary Signs Found in the Right-of-Way. Any unpermitted temporary sign found to be on or over any public street or right-of-way shall promptly be removed and confiscated by the designated official of the City. If a confiscated temporary sign advertises or relates to a specific event, the City will retain it for 10 days after the event ends. If the sign does not advertise or relate to a specific event, the City will retain it for 45 days from the date of confiscation.
2. A sign's owner or the sign owner's agent may reclaim a confiscated sign by paying a storage fee to the City of $10.00 per sign. The person reclaiming the sign must sign a receipt indicating that the person is either the owner or the owner's agent. Any sign not reclaimed by the end of the applicable retention period will be destroyed.
F. Signs on Vacant or Unimproved Property. Before placing a sign on vacant or unimproved property, each of the following must be satisfied:
1. The sign owner must file with the City Clerk a written form signed by the owner, lessee, or other person lawfully in possession of the property consenting in writing to the placement of the sign and agreeing to be responsible for removal within the applicable time period; and
2. The sign must be located a minimum of three feet behind the sidewalk or, if no sidewalk exists, a minimum of eight feet behind the back of the curb or edge of the roadway; and
3. If the sign relates to a specific event, the sign must be removed within three days after the event ends; and
4. The sign must comply with all other design criteria established by this code.
G. Blade Signs. Blade signs shall be allowed for businesses in the A-O District subject to the following criteria:
1. Design of Blade Signs.
a. The blade sign shall be hand-crafted in appearance.
b. Three-dimensional blade signs are encouraged.
c. Acceptable sign materials may include, but not be limited to, metal, painted wood, plastic, ceramics, or other similar durable materials. Paper, light cloth, exposed or unpainted wood and particle board are prohibited. d. Sign supports, brackets and standards shall be made of wood and/or wrought iron. They may be painted or carved. e. Blade signs shall have a maximum thickness of not more than six inches. f. Blade signs shall be well maintained.
g. The sign area of a blade sign shall not count towards the total sign area permitted for business or building providing all existing signage is in conformance with the Sign Code. h. Blade signs meeting the design criteria of this section may be added to buildings which are subject to a Master Sign Program, per Section 17.84.020(G), and shall not require modification or amendment to such Master Sign Program, so long as the Master Sign Program has been implemented and all existing signs on the building are in accordance with that Master Sign Program. i. Blade signs shall not be illuminated except as provided for in other discretionary processes.
2. Location of Blade Signs.
a. A total of two blade signs per tenant shall be permitted, although only one blade sign shall be permitted per tenant street frontage; the other shall be permitted per tenant frontage along a pedestrian way, arcade, paseo or courtyard, all of which must be internal to the project. b. A blade sign must provide a minimum of eight-foot clearance between the bottom of the sign and the ground. c. A blade sign may project a maximum of four feet from the wall of a building.
H. Temporary Banner Signs. Temporary Banner Signs shall be allowed for businesses city-wide, excluding home-occupations.
1. Temporary Banner Sign Criteria.
a. Each business shall be permitted a maximum of one temporary banner sign per business at any given time. b. The temporary banner sign cannot exceed 64 square feet. A temporary banner sign will not count towards a business's total sign area allowance. c. The temporary banner sign shall be placed on-site and flush on the building. These banners are prohibited in the following locations: city right-of-way, free-standing walls, fences or other areas or fixtures not part of the business's primary structure; other locations as determined by the City Planner to be inconsistent with the intent of this section. No portion of the temporary banner sign shall be free-hanging and all corners of the banner shall be secured to the building. d. Temporary banner signs shall be constructed of cloth, canvas, fabric, plastic or other similar durable material. e. The temporary banner sign shall be maintained in good condition, free of any defects, including cracking, torn or ripped material, or faded copy. f. Each business may have up to four permits per calendar year. Each permit allows the display of a banner sign up to 30 calendar days. Renewals of permits are allowed, but in no case shall a business display a temporary banner for more than 120 days per calendar year. Banners may be replaced during the authorized period so long as they are the same or smaller size and installed in the approved location. These provisions are to ensure temporary banner signs are not used as permanent display or in-lieu of permanent signs for the business.
Section 6 The preface to Section 17.88.030 and the following definitions in Section 17.88.030 are hereby amended as follows, with strike-through text representing deletions, and underline text representing additions, and the remaining portions of Section 17.88.030 remaining unaltered:
17.88.030 Definitions.
In cases where a term is not defined below, the City Planner has In cases where a term is not defined below, the City Planner has authority to use Merriam-Webster Dictionary or other similar reference to define the meaning of terms, and to interpret terms that may influence decisions.
L
“Landscaping, Vertical” means plants growing upward on a vertical surface, such as a wall, structure, or building façade. Examples of vertical landscaping include, living walls, tower gardens, trellised vining plants, pallet gardens, and hanging gardens.
Signs:
"Wind-driven sign" means a single or series of pennants or other similar objects which are fastened together at intervals by wire, rope, cord, string or by any other means and which are designed to move and attract attention upon being subjected to pressure by wind or breeze. For example, feather banners, streamers, and inflatable components. Certain fFlags and flag signs mayare not beconsidered a wind-driven sign.
Exhibit A