article 3: regulations applicable to all zones

Merced County, CA | Unified Development Ordinance

ARTICLE 3: REGULATIONS APPLICABLE TO ALL ZONES

Contents:Chapter 18.30 - Site Planning and General Development StandardsChapter 18.32 - Accessory StructuresChapter 18.34 - Fences, Walls, and HedgesChapter 18.36 - LandscapingChapter 18.38 - Off-Street Parking Regulations and Design StandardsChapter 18.40 - Performance StandardsChapter 18.44 - Sign RegulationsChapter 18.46 - Solid Waste and Recycling Materials StorageChapter 18.48 - Surface Mining and Reclamation

Chapter 18.30 - Site Planning and General Development Standards

Contents:18.30.010 – Purpose and Applicability18.30.020 – Permitted Projections into Required Setback Areas18.30.030 – Height Measurement and Exceptions18.30.040 – Setbacks – Measurement and Requirements

18.30.010 – Purpose and Applicability

A. Purpose. The purpose of this Chapter is to ensure that development is consistent with the General Plan, complies with the standards of this Chapter, produces an environment that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties.

B. Applicability.1. The standards in this Chapter apply to all zones.2. These standards shall be considered in combination with the standards for each zone in ARTICLE 2 (Zones,

Allowable Uses, and Development Standards), and ARTICLE 4 (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the zone or specific land use shall override the general standards in this Chapter.

3. All structures, additions to structures, and uses shall conform to the standards of this Chapter as determined applicable by the Director.

18.30.020 – Permitted Projections into Required Setback Areas

In applying the regulations of this Section, the following features of a structure shall not be included in the lot coverage and may project into a required setback to the extent specified. None of the identified exceptions shall be permitted if they encroach into an adopted parcel line, right-of-way, or public use easement.

A. Cornices, canopies, eaves, or other projections that do not increase the volume of space enclosed by the structure may project up to three feet into a required setback.

B. Fire escapes may project into a required setback up to four feet, six inches.C. An uncovered stair, ramp (ADA), and landing that does not extend above a ground floor entrance, except for the

railing, may project up to three feet into a required setback.


D. Bay windows and chimneys may project up to three feet into a required setback provided that they do not occupy, in the aggregate, more than 1/3 the length of the structure wall on which they are located.

E. Equipment and/or structures enclosing equipment that is attached to the main structure or an accessory structure (e.g., solar panels, water storage tanks, heating and air conditioning equipment, or similar mechanical equipment) shall be permitted to encroach into a required rear or side setback area, provided they do not encroach more than 50 percent into the required rear or side setback area.

18.30.030 – Height Measurement and Exceptions

A. Maximum Height Allowed. The height of structures shall not exceed the standards established by the applicable zone in ARTICLE 2 (Zones, Allowable Uses, and Development Standards), except as otherwise provided in this Section.

B. Height Measurement. Height shall be measured as the vertical distance from the average finished grade on any side nearest the structure to the highest point of the structure. See Figure 3-1 below (Measurement of Height).

Figure 3-1 Measurement of Height

C. Allowed Structure Height Increases. The maximum structure height in the development standards established by ARTICLE 2 (Zones, Allowable Uses, and Development Standards) may be increased as specified by this Section, provided the increase shall not conflict with the conditions of an approved discretionary permit.1. Places of Assembly and meeting facilities. Places of Assembly and meeting facilities in zones that impose a

height limitation of 35 feet or less may exceed the 35-foot height limit by up to 25 feet when the required front, side, and rear setbacks are increased an additional one foot in excess of minimum requirements for each four feet in height above 35 feet.

2. Miscellaneous Structures. The maximum structure height specified in this Zoning Code shall not apply to the following miscellaneous structures and may be exceeded by no more than 25 percent, except that a lower maximum height may be required by the Review Authority through the conditions of an approved land use permit:a. Cooling towers, smokestacks, or other structures that are required by allowed industrial processes in

industrial zones.b. Cupolas and domes.c. Distribution and transmission cables and towers.d. Elevator housings.e. Fire and hose towers.


f. Fire walls.g. Flag poles.h. Mechanical equipment and its screening to include roof-mounted wireless telecommunications support

facilities.i. Monuments.j. Observation towers.k. Radio and television station towers.l. Residential chimneys, flues, smokestacks, and enclosures.m. Ground Mounted Solar energy collectors. These structures shall be set back from all property lines and

habitable structures at least 100 percent of the height of the structure.n. Stairway housing.o. Water tanks and water towers.p. Other roof mounted structures and mechanical equipment similar to those listed above.

18.30.040 – Setbacks – Measurement and Requirements

A. Applicability. This Section establishes standards to ensure the provision of open areas around structures for visibility and traffic safety; access to and around structures; access to natural light and ventilation; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

B. Setback Regulations. Except as provided by Subsection E, no required setback or required open space for one structure shall be considered as providing a required setback or open space for another structure

C. Exemptions from Setback Requirements.

1. The minimum setback requirements of this Zoning Code shall apply to all uses except for the following:a. Fences or walls constructed within the height limitation of Chapter 18.34 (Fences, Walls, and Hedges).b. Retaining walls less than three feet in height above finished grade.

2. Street setback lines, as delineated on all recorded final maps, parcel maps, and record of survey maps shall be the street and yard setback distances required on the property within the final maps, parcel maps, records of survey maps, unless additional road dedication is required as a condition of development. When additional road dedication is required, or in the case of recorded final maps, parcel maps, and records of survey maps, the greater setback distance of either the property development standards in the applicable zone based on the ultimate right-of-way width or the setback distance as shown on the approved map shall prevail.

D. Measurement of Setbacks. Setbacks shall be measured and applied as follows, except that the Review Authority may require different setback measurement methods where the Review Authority determines that unusual parcel configuration makes the following infeasible or ineffective. See Figure 3-2.


Figure 3-2Location and Measurement of Setbacks

1. Front Setbacks. The front setback shall be measured at right angles from the nearest point of the front property line of the parcel to the nearest point of the structure envelope, except for corner parcels.

2. Side Setback. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure envelope, establishing a setback line parallel with the side property line that extends between the front and rear yards.

3. Street Side Setbacks. The side setbacks on the street side of a corner parcel shall be measured from the nearest point of the side property line adjoining the street.

4. Rear Setbacks.a. The rear setback shall be measured from right angles from the nearest point on the rear property line of the

parcel to the nearest line of the structure envelope, establishing a setback line parallel with the rear property line that extends between the side yards, except:1. In the case of an irregularly shaped lot, where the rear property line is narrower than the front, a 10 foot

line drawn within the lot, parallel to, and most distant from the front lot line shall be considered the rear lot line for the purpose of measuring the required rear setback. Rear setbacks shall be measured from this line to the nearest line of the structure envelope.

E. Exceptions. The setback requirements as specified shall apply with the addition of the following:

1. No structure shall be erected, structurally altered, or used for a school, place of assembly, hospital, public structure, or other similar use, allowed either as a matter of right under the Director’s review and approval of a Conditional Use Permit regulations of this Zoning Code, unless the structure(s), when fronting on a street, have a front setback not less than prescribed by the zone in which the structure is located.

2. Side and rear setbacks may be used for required uncovered off-street parking, as determined by the Director. If a canopy or similar structure is used to cover the off-street parking spaces, then the structure may be considered an accessory structure. If the parking area abuts property classified as a residential zone, then a solid masonry wall six feet in height shall be erected on the property line abutting the area used for off-street parking.


Chapter 18.32 - Accessory Structures

Contents:

18.32.010 – Purpose and Applicability18.32.020 – Permit Requirements18.32.030 – Development Standards


A. Purpose. The purpose of this Chapter is to provide regulations for structures that are not main structures and in which the principal use of the land does not take place.

B. Applicability. The provisions of this Chapter shall apply to all accessory structures. However for Accessory dwelling unit regulations and standards see ARTICLE 4 (Standards for Specific Land Uses), Chapter 18.62 (Accessory Dwelling Units).

18.32.020 – Permit Requirements

Accessory structures are permitted in any zone where a main structure on the parcel already exists. Accessory structures in any commercial or industrial zone shall be built subject to the same restrictions that apply to the main structure on the parcel.

18.32.030 – Development Standards

A. Agricultural Accessory Structures. Accessory structures are permitted in agricultural zones only when they comply with the following regulations:1. Accessory structures shall be considered part of the main structure if connected by a common wall of not less

than five feet in length, or if not more than 20 feet from the main structure and connected by a roof of not less than five feet in width.

2. Animal corrals, pens, shade structures, and other similar structures shall be a minimum of 20 feet from the main structure.

3. Temporary storage and moving containers (e.g., PODS) are permitted and shall comply with the designated setbacks for the zone in which the parcel is located.

4. Cargo containers used as accessory structures require the approval of an Administrative Permit in all agricultural zones.

a. Development Standards.(1) Cargo containers shall not be used for human occupancy.(2) Signs shall not be mounted or attached onto cargo containers.(3) Cargo containers, where permitted, shall not be stacked.(4) Except for temporary cargo containers for storage, moving, or in conjunction with an authorized

construction project, cargo containers shall be painted a uniform earthen hue color (e.g., beige, tan, brown).

b. Exceptions. Cargo containers used as a temporary office on a construction site require the approval of a Temporary Use Permit and are required to be removed when construction concludes on the project.

B. Slabs, Decks, and Platforms. In residential zones, slabs not exceeding 30 inches or more above the ground may be built up to property lines, decks, and platforms shall be located at least three feet from any rear or side property lines. Decks exceeding 30 inches or more above the ground, or which have vertical components or fixed seats above the finished surface within five feet of the main structure, shall be considered part of the main structure and shall adhere to the setback requirements specified in ARTICLE 2 (Zones, Allowable Uses, and Development Standards).


C. Residential Zones, Nonexempt Structures. Accessory structures are permitted in residential zones only when they comply with the following regulations:

1. No accessory structure shall exceed 600 square feet on a parcel less than one-quarter acre.2. Accessory structures shall conform to the setback requirements for the specific zone in which the parcel is

located, see Section 18.12.030 (Residential Zone Development Standards).3. No accessory structure shall encroach into the required front setback or the required side setback area on the

street side of a corner parcel. Landscape amenities (i.e., arbors, trellises, and pergolas) shall conform with the accessory structure height requirements in Section 18.12.030 (Residential Zone Development Standards). Accessory structures located within the front one-half of the parcel shall be constructed of materials, colors, and architectural design consistent with the main structure.

4. Accessory structures shall be limited to 15 feet in height. The accessory structure shall not exceed the height of the primary structure. An accessory structure over 15 feet in height may be approved by the Director through an Administrative Permit.

5. Temporary storage and moving containers (e.g., PODS) are permitted within the front setback of a residential property for a period not exceeding two weeks. Temporary storage and moving containers require the approval of a Building Permit.

6. Cargo containers used as accessory structures are prohibited in all residential zones, except for the R-R zone. Cargo containers require the approval of a Conditional Use Permit in the R-R zone.a. Development Standards.

(1) Cargo containers shall not be used for human occupancy. (2) Signs shall not be mounted or attached onto cargo containers.(3) Cargo containers, where permitted, shall not be stacked.(4) Except for temporary cargo containers for storage, moving, or in conjunction with an authorized


b. Exceptions. Cargo containers used as a temporary office on a residential construction site require the approval of a Temporary Use Permit and are required to be removed when construction concludes on the project.

7. Accessory structures shall be considered part of the main structure if connected by a common wall of not less than five feet in length, or if not more than 20 feet from the main structure and connected by a roof of not less than five feet in width.

8. No more than two accessory structures are permitted on any one parcel.9. Accessory structures shall not occupy more than 15 percent of the rear yard; nor shall accessory structures plus

the main structures on any site occupy more than the maximum parcel coverage as specified for the zone in which the parcel is located. Any single accessory structure, except for those in the RR Zone, exceeding 600 square feet in size shall be constructed of the same materials, colors, and architectural style as the main structure.

10. Freestanding membrane-covered accessory structures, including rigid, framed, canvas-covered carports and cabanas, may be allowed, provided they meet all requirements for accessory structures, as well as the following added restrictions:a. A membrane accessory structure shall not be constructed within the front one-half of the parcel on which it

is located or within the required side setback on the street side of a corner parcel.b. The membrane roof or side coverings shall have all edges fastened and restrained with sufficient tension to

prevent movement or flapping of the membrane material in winds, up to the design standard for wind in Merced County.

c. Structural supports shall not encroach into any required setback.

D. Commercial and Industrial Accessory Structures.


1. All accessory structures in commercial and industrial zones shall conform to all applicable main structure development standards.

2. One caretaker unit is allowed for the principal use on the property.3. Cargo containers used as accessory structures require the approval of an Administrative Permit in all

commercial and industrial zones.a. Development Standards.

(1) Cargo containers shall not be used for full-time human occupancy.(2) Signs shall not be mounted or attached onto cargo containers.(3) Cargo containers, where permitted, shall not be stacked.(4) Except for temporary cargo containers for storage, moving, or in conjunction with an authorized


b. Exceptions. Up to two cargo containers are allowed as temporary offices on a construction site and require the approval of a Temporary Use Permit. The cargo container(s) shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction of the project, whichever first occurs.

Chapter 18.34 - Fences, Walls, and Hedges

Contents:

18.34.010 – Purpose and Applicability18.34.020 – Measurement of Fence, Wall, and Hedge Height18.34.030 – Fence, Wall, and Hedge Standards18.34.040 – Wall Design18.34.050 – Screening18.34.060 – Noise Barrier


A. Purpose. The purpose of this Chapter is to establish requirements for fences, walls, and hedges to ensure that these elements do not unnecessarily block views and sunlight; provide adequate buffering between different land uses; provide screening of outdoor uses and equipment; and provide for the mitigation of noise. These requirements are designed to provide aesthetic enhancement of the County.

B. Applicability. The regulations in this Chapter shall apply to all fences, walls, and hedges, unless otherwise stated. These regulations do not apply to fences, walls, or hedges required by State or Federal agencies, or by the County for reasons of public safety.

18.34.020 – Measurement of Fence, Wall, and Hedge Height

A. Height Measurement. Fence, wall, and hedge height shall be measured as the vertical distance between the highest finished grade of the ground abutting the fence and the top edge of the fence, wall, or hedge. Adjacent grades shall not be artificially elevated to allow for a fence, wall, or hedge that is higher than the allowable maximum height.

B. Height Measurement, Corner Lots. On a corner lot, fences, walls, hedges, or visual obstructions in the side yard adjacent to the street that exceed two feet, six inches above finished grade shall be set back a minimum of 16 feet from the face of curb. In the case where a corner lot abuts the driveway side of a key lot or an alley, a fence, wall, hedge, or visual obstruction over three feet above the sidewalk shall be measured from the edge of the right-of-way.

C. Maximum Allowed Height. Fences, walls, and hedges are subject to the maximum height requirements in Section 18.34.030 (Fence, Wall, and Hedge Standards).


D. Sight Distance Triangle. No fence, wall, or hedge higher than two feet, six inches above the nearest roadway surface shall be installed or maintained within the sight distance triangles at public roadway intersections and private driveways. The dimensions of these sight distance triangles, and any exceptions, shall be determined by the County Department of Public Works (County Code Chapter 13.24 (Sight Distance at Public Intersections and Private Driveways)).

E. Allowed Fence and Wall Materials.

1. Fences. Fence materials may include wood, chain link, PVC (formed to resemble fence pickets or panels) , wire mesh, steel mesh, stake, louvered glass, and other similar materials. Landscaped areas with plantings shall be regulated to maintain the required open areas in the fence structure.

2. Walls. Wall materials shall include concrete, concrete block, wood, or any other similar materials that are solid and are assembled as to form a solid barrier.

3. Security Fencing. Barbed wire, electric fence, razor wire, and other similar materials are only allowed in agricultural and industrial zones.

F. Prohibited Fence and Wall Materials.1. Residential Zones. The use of barbed wire is not permitted in residential zones. There shall be no sharp wire or

projections along the top of any fence or wall less than six feet in height. The use of electrified fencing or razor wire in conjunction with any fence, wall, roof, hedge, or by itself within any urban land use zone is prohibited unless required by any law or regulation of the County, State, Federal, or agency; with exceptions as approved by the Director.

2. Commercial and Mixed-Use Zones. Barbed wire, electric fencing, razor wire, and other similar materials are not permitted in commercial zones.

18.34.030 – Fence, Wall, and Hedge Standards

A. Purpose. All fences, walls, and hedges in all zones shall comply with the standards specified in this section.B. Residential Zones. Standards for fences, walls, and hedges are required as indicated in Table 3-1 (Residential Zone

Fence, Wall, and Hedge Standards), by location, height, and type.C. Agricultural, Commercial, Mixed-Use, and Industrial Zones. Standards for fences, walls, and hedges are required

as indicated in Table 3-2 (Agricultural, Commercial, Mixed-Use, and Industrial Zone Fence, Wall, and Hedge Standards), by location, height, and type.

D. Corner Lots. For setbacks for fences, walls, and hedges on corner lots see Figure 3-3 (Fence, Wall, and Hedge Heights on Corner Lots).

Table 3-1Residential Zone Fence, Wall, and Hedge Standards

Location Type MaximumHeight Additional Regulations

Within front setbacks for the first 15 feet (except for sight distance area)

Open or solid fences, walls, hedges with vines and/or shrubs 4’ – 0” 18.34.030 (E)

Hedges No height limitsAt 15 feet or more from the property line Fences and walls 7’ – 0” 18.34.030 (E)Sight distance triangles at intersections and driveways

Open or solid fences, walls, hedges with vines and/or shrubs 2’ – 6” 18.34.030 (E)

Between side setback fences along ROW when perimeter fence/wall not allowed at cud-de-sac

Open or solid fences, walls, hedges with vines and/or shrubs See Figure 3-3 18.34.030 (E)

Other setback areas abutting a non-residential district

Open or solid fences, walls, hedges, and/or landscaping, as

required by Landscape See 7’ – 0” 18.34.030 (E)


Table 3-1Residential Zone Fence, Wall, and Hedge Standards

Location Type MaximumHeight Additional Regulations

Chapter 18.36 (Landscaping)

Table 3-2Agricultural, Commercial, Mixed-Use, and Industrial Zone Fence, Wall, and Hedge Standards

Location Type MaximumHeight

Additional Regulations

Within front setbacks (except for sight triangle)

Open or solid fences, walls, or hedges with vines and/or shrubbery,

trees (as required by Landscape Standards, See Chapter 18.36

(Landscaping)

4’–0” 18.34.030 (E)

Sight triangle at intersections and driveways

Open or solid fences, walls, or hedges with vines and/or shrubbery,

trees (as required by Landscape Standards, See Chapter 18.36

(Landscaping)

2’–6” 18.34.030 (E)

Abutting all other districts

As above, but with opaque landscape screen at maturity or wall to height specified on use permit or

plot plan

7’–0” 18.34.030 (E)

Outdoor storage and utility areas visible from the public right-of-way

As above, but with opaque landscape screen at maturity or wall to height specified on use permit or

plot plan

7’–0” 18.34.030 (E)

Figure 3-3Fence, Wall, and Hedge Heights on Corner Lots

E. Additional Fence, Wall, and Hedge Regulations.


1. Building Permit Required. Fences and walls higher than seven feet require a Building Permit.2. Maximum Height. The limitations shall not apply in the following instances: (a) where a greater height is

required by any other provision of this Code; (b) where a greater height or type of fence, wall, or hedge is required by a condition of approval.

3. Residential Zones. Masonry walls and fences in any residential zone that are seven feet in height may include one foot of the seven feet as lattice or similar material that allows filtration of natural light.

4. Right-of-Way. See ARTICLE 8 (Definitions).5. Sight Triangles. All requirements shall comply with the site distance area found in County Code Chapter 13.24

(Sight Distance at Public Intersections and Private Driveways).

18.34.040 – Wall Design

A. Emergency Access. Where view slots are desired in perimeter walls/fences for major subdivisions, posts, bollards, or other types of open barriers may be installed between the side yard fences, at the ends of cul-de-sacs. This may be appropriate when walls/fences parallel rights-of-way to prevent unauthorized vehicle access but still provide emergency access. When a cul-de-sac provides a secondary access point for emergency services, a minimum of 20-foot-wide opening shall be provided that may be obstructed by a chain that can be opened by police or fire emergency personnel, See Figure 3-4 (Fences, Walls, and Hedges at Ends of Cul-de-Sacs).

B. Permitted Design. Walls and fences shall be designed to blend with the site’s architecture and landscape plan.


Figure 3-4Fences, Walls, and Hedges at Ends of Cul-de-Sacs

18.34.050 – Screening


Where screening is required in this Code or as a condition of approval, a combination of materials shall be used, including solid masonry walls, wood or chain link fences, berms, and landscaping (See also Section 18.36.050(F) General Landscape Standards: Screening).

18.34.060 – Noise Barrier

A. Acoustical Analysis Required. The General Plan Health and Safety Element requires development project applicants to prepare an acoustical analysis as part of the environmental review process, when noise-sensitive land uses are proposed in areas exposed to existing or projected exterior noise levels exceeding the levels shown in Table HS-1 and/or Table HS-2 of the Health and Safety Element of the General Plan. Additionally, an analysis of groundborne vibration is required for proposed residential and other sensitive land uses (e.g., hospitals and schools) located within 1,000 feet of a rail line (with at least 30 operations per day), or an existing industrial groundborne vibration source.

B. Reduce Noise Impacts. Projects located near noise impacted areas are required to incorporate measures into the project, such as building orientation, setbacks, and natural barriers (e.g., earthen berms and vegetation) that reduce the noise impacts to an acceptable level. When required by an acoustical analysis or an analysis of groundborne vibration, a noise barrier shall meet the following minimal structural requirements described in the acoustical analysis and may include:1. Walls and Fences. Walls and fences shall not exceed the allowable fence height of seven feet. A wall or fence

shall also include landscaping to prevent graffiti and enhance aesthetics.2. Trees and Shade Trees.

a. Trees shall be provided at 30-foot intervals if adjacent to a wall or fence; or,b. Shade trees shall be provided at 30-foot intervals if the wall or fence is adjacent to a sidewalk or bike path.

3. Screening. A wall or fence shall be screened 50 percent, at maturity, with bushes or vines, and trees, when visible from the public rights-of-way. The landscaping may be used in combination with anti-graffiti paint until the landscaping has grown in to cover the wall.

4. Required Fencing Materials. Fence materials shall include one of the following types of materials:c. Masonry or stucco on both sides of a wooden frame;d. Masonry walls; or,e. Board and batten wood fences.

C. Landscaped berm. A berm may be used in combination with a wall and fence. The total berm/wall and fence height shall not exceed the allowable fence height of seven feet. The berm shall be landscaped to prevent erosion and add visual interest. See Figure 3-5 (Noise Barrier Wall/Berm with Landscaping).


Figure 3-5Noise Barrier Wall/Berm with Landscaping

Chapter 18.36 - Landscaping

Contents:18.36.010 – Purpose18.36.020 – Applicability18.36.030 – Water Efficient Landscape Ordinance (WELO)18.36.040 – Definitions18.36.050 – General Landscape Standards18.36.060 – Residential Zone Landscape Standards18.36.070 – Non-Residential Landscape Standards

18.36.010 – Purpose

The County promotes the value and benefits of landscapes while recognizing the need to use limited water resources as efficiently as possible. In compliance with applicable State standards and guidelines, and to promote the County’s goals and standards regarding sustainable development, this Chapter establishes minimum landscape standards for all uses for enhancing the appearance of developments, reducing heat and glare, controlling soil erosion, enhancing on-site stormwater management, conserving water, establishing a buffer and/or screen between residential and non-residential land uses, and ensuring the ongoing maintenance of landscaped areas.


18.36.020 – Applicability

The provisions of this Chapter shall apply to all landscape projects installed in the County.

18.36.030 – Water Efficient Landscape Ordinance (WELO)

All landscaped areas within the County and the following provisions and standards in this Chapter shall comply with the Title 23 Section 2.7 Model Water Efficient Landscape Ordinance of the California Code of Regulations adopted by the State in 2015.

18.36.040 – Definitions

Director. Merced County Planning Director or designee.

Friable. Soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

Planting Hole. A hole in the ground that is dug for landscaping materials such as trees or shrubs.

Public Works Director. Merced County Public Works Director or designee.

Residential Landscape. Landscapes surrounding single-family or multi-family homes.

18.36.050 – General Landscape Standards

A. Plant Materials. The selection of plant materials shall include:

1. 90 percent drought-resistant and well-suited to local climate or naturally occurring;2. A combination of deciduous and evergreen (trees, shrubs, and groundcover);3. Materials which help prevent:

a. Dust,b. Erosion,c. Heat and glare,d. Graffiti on walls and structures;

4. 10 percent non-drought tolerant materials may be used if grouped together for possible separate irrigation;5. Attention to:

a. Appearance, including plant height, plant spread and growth rate;b. Function of plants;c. Moisture requirements;d. Potential root damage to adjacent facilities;e. Disease and pest susceptibility; and,f. Other required information including:

Soil type; Slope; Degree of maintenance;

g. Location of plants, so at maturity, plants do not interfere with:


2.Service lines;(2) Visibility;(3) Adjacent property owners; and,(4) Solar access.

B. Plant Coverage.

1. Turf shall be limited to 30 percent of total landscaped area; exceptions may be granted by the Director.2. Trees and shrubs shall be clustered together for accent to form aesthetically-pleasing groupings and patterns.3. The density and placement of plants are to be determined by the plant size at maturity. When initially installed,

groundcover shall give enough coverage for a pleasing appearance on all landscaped areas.4. Shrubs shall be a minimum size of one gallon and trees a minimum size of fifteen gallons.5. Interim groundcover may be provided until plants reach maturity. Groundcover materials may consist of:

a. Rocks;b. Gravel; or,c. Wood mulch or chips.

C. Plan shall follow any project specific conditions of approval.D. Planter Construction.

1. All planter areas shall provide positive drainage flow away from paved areas or intrusion into or on adjacent buildings or structures.

2. Planter areas shall have either a six-inch raised concrete or treated wooden curb directly behind sidewalks and paved areas or shall be recessed two inches below adjoining paved areas, with a minimum 4:1 slope away from paved edge to protect the landscaping and control water runoff, silt, and erosion onto the paved area.

3. The size and location of planter areas required in this chapter shall be shown on the approved plot plan, concept plan, or in the conditions of approval.

4. Minimum widths for planter beds shall be (measured from the inside of curbing or acceptable permanent border):a. 12 inches for groundcover;b. 40 inches for shrubs; and,c. 60 inches for trees.

E. Compacted Soils. Prior to the planting of any materials, the compacted soils surrounding a building site shall be returned to a friable condition.

F. Screening.

1. Developments shall provide sufficient screening so that neighboring properties are effectively shielded from any adverse impacts of that development or so that the new developing use shields itself from existing potential impacts from uses already in operation. No screening is required between single-family residences.

2. Tables 3-3 through 3-5, set forth the type of screening methods required between various uses to buffer potential negative impacts.

3. The three basic types of screens that are established by Table 2-3, Residential, Institutional, and Office Adjacent Use Screening Requirements, are as follows (see also Figures 3-6, 3-7, and 3-8):a. Opaque Screen –Type A. An opaque screen is intended to exclude all visual contact between uses and to

create a strong impression of spatial separation. This screen is opaque from ground level to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height with landscaping of at least 20 feet. The opaque screen may be composed of a wall, fence, and/or landscape berm densely


planted with vegetation. Proposed planted screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the screen should not contain any completely unobstructed openings more than five feet wide. See Figure 3-6 (Opaque Screens - Type A).

Figure 3-6Opaque Screens – Type A

b. Semi-Opaque Screen – Type B. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. This screen is opaque from


the ground to height of at least three feet, with intermittent visual obstruction from above the opaque portion to a height with landscaping of at least 20 feet. The semi-opaque screen may be composed of a wall, fence, and/or landscaped berm, or planted vegetation. Proposed planted screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 15 feet wide. See Figure 3-7 (Semi-Opaque Screens – Type B).

Figure 3-7Semi-Opaque Screens – Type B

c. Broken Screen – Type C. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. This screen is composed of intermittent visual obstructions from the ground to a height with landscaping of at least 20 feet. It may be composed of a wall, fence, and/or landscaped earth berm or planted vegetation. Proposed planted screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants. See Figure 3-8 (Broken Screens – Type C).


Figure 3-8Broken Screens – Type C


Residential, Institutional, OfficeScreening Requirements

OSOB-

OpaqueSemi-Opaque

BrokenNo Requirement

Table 3-3Residential,

Institutional, and Office Adjacent Use

Screening Requirements Adjacent Existing Uses

ProposedLand Use

One- and Two-

FamilyMulti-family

Mobile and Modular Home

ParksGroup Care

FacilitiesSchools, Places of

Assembly, Hospitals

Offices

ResidentialOne- and Two-Family Subdivisions - O O O O O

Multi-family Residences O B SO O SO SOMobile and Modular Home Parks O SO B SO SO SO

Group Care Facilities O O O B B SOOffice and FinancialAll offices including medical O SO SO O - -InstitutionalSchools, libraries, places of assembly, hospitals, clinics, and clubs

O SO SO O - B

CommercialRetail Sales O O O O SO -Auto service and equipment rental (with outdoor storage)

O O O O SO O

Commercial Storage O O O O O OHotels, Motels, Restaurants, and Nightclubs

O O O O O B

Veterinarian hospitals with boarding and kennels O O O O O O

Manufacturing and StorageUses conducted totally indoors O O O O O O

Uses conducted substantially outdoors O O O O O O

Scrap materials, salvage yard O O O O O O

Public Utility Installations Fully enclosed in a structure O O O SO SO SO

Partially enclosed in a structure O O O O O O


CommercialScreening Requirements

OSOB-

OpaqueSemi-Opaque


Table 3-4Commercial

Adjacent Use Screening

RequirementsAdjacent Existing Uses

ProposedLand Use

Retail Sales

Auto Service and

Equipment Storage

Commercial Storage

Hotels, Motels, Restaurants, Nightclubs

Veterinarian Hospital with Boarding and

Kennel

ResidentialOne- and Two-Family Subdivisions O O O O O

Multi-family Residences SO O SO SO OMobile and Modular Home Parks SO O SO SO O

Group Care Facilities O O O O OOffice and FinancialAll offices including medical - - - - -

InstitutionalSchools, libraries, places of assembly, hospitals, clinics, and clubs

B - - B -

CommercialRetail Sales - - - - -Auto service and equipment rental (with outdoor storage)

SO - - O -

Commercial Storage SO - - SO -Hotels, Motels, Restaurants, and Nightclubs

- - - - -

Veterinarian hospitals with boarding and kennels O SO - O -

Manufacturing and StorageUses conducted totally indoors SO - - O -

Uses conducted substantially outdoors O SO B O SO

Scrap materials, salvage yard O O O O SO

Public Utility Installations Fully enclosed in a structure SO - - B -

Partially enclosed in a structure O SO SO O B


Manufacturing and Storage, Public Utility InstallationsScreening Requirements

OSOB-

OpaqueSemi-Opaque


Table 3-5Manufacturing and

Storage, Public Utility Installations Adjacent

Use Screening Requirements Adjacent Existing Uses

ProposedLand Use

Use Fully Indoors

Uses Substantially

Outdoors

Scraps Materials and Salvage

YardsFully Enclosed in a Structure

Partially Enclosed in a Structure

ResidentialOne- and Two-Family Subdivisions O O O O O

Multi-family Residences B O O B OMobile and Modular Home Parks B O O B O

Group Care Facilities B O O B OOffice and FinancialAll offices including medical - - - - -InstitutionalSchools, libraries, places of assembly, hospitals, clinics, and clubs

- - - - -

CommercialRetail Sales - - - - -Auto service and equipment rental (with outdoor storage) B - - - -

Commercial Storage - - - - -Hotels, Motels, Restaurants, and Nightclubs - - - - -

Veterinarian hospitals with boarding and kennels - B - B -

Manufacturing and StorageUses conducted totally indoors - - - B SOUses conducted substantially outdoors O - - SO -

Scrap materials, salvage yard SO B - SO SOPublic Utility Installations Fully enclosed in a structure - - - - -Partially enclosed in a structure B B - B -

G. Parking Lots. When the total uncovered parking area on the property (including adjoining parcels over which the property has parking privileges) exceeds 3,600 square feet, the following shall be required, in addition to other provisions of this section, as part of a landscape plan:

1. Separation of Uses. Where nonresidential parking areas abut residentially zoned or developed property, a masonry wall, of not less than six feet in height, shall be constructed and maintained with shrubs and/or vines between the parking area and the adjoining residentially zoned or developed property.

2. Shade Trees. Where trees already exist on the property, the design of the parking area should make the best use of the existing growth and shade.

3. Planter Islands. Planter islands shall be located at least every six parking spaces and shall be designed as follows:


a. Minimum Width. Five feet where separate wheel stops are provided two feet away from the planter island, nine feet if cars overhang. Figure 3-9 (Parking Space Landscaped Areas).

b. Curbing and Landscaping Required. Planter islands shall be surrounded by six-inch wide curbing and landscaped

c. Required Trees. Each planter island shall include one shade tree. See Figure 3-10 (Parking Lot Landscaping Tree Spacing).

d. Curbing at Island Ends. Rounded curbing is required with a minimum radius of three feet, or half the planter width.

4. Perimeter Landscaping. All parking lots shall provide a perimeter landscape strip, a minimum of five feet wide where wheel stops are placed two feet away from the landscaping strip; a minimum of seven feet wide if cars overhang; and 10 to 20 feet wide where the parking lot abuts a residentially-zoned parcel. Perimeter landscaping shall be protected by a six-inch curb.

Figure 3-9Parking Lot Landscaped Areas


Figure 3-10Parking Space Landscaping Tree Spacing

H. Street Trees.1. Street trees shall be required to meet three of the purposes listed at the beginning of this Chapter:

a. Aesthetic enhancement of new development;b. Promote the conservation of water using indigenous and drought-tolerant species; and,c. Reduce heat and glare and balance solar insulation or solar gain.

2. Street trees shall be planted by subdivision developers in the following residential zone (See Table 3-6: Residential Front Setback Landscaping):a. M-H (Single-family mobile home residential);b. R-1 (Single-family residential);c. R-1-5000 (Single-family residential); and,d. R-2 (Two-family residential).

3. Street trees shall be planted subject to the following:a. The location and type of tree shall be approved by the Department and the Department of Public Works.b. The types of trees should be limited to those that are not conducive to damaging house foundations or

sidewalks. One specific species of drought-resistant tree should be required per subdivision.c. The type of tree shall be determined prior to the recording of the final map and installed prior to occupancy

of each residence unless approved otherwise.


d. An adequate means of maintenance shall be provided subject to the approval of the Department and the Department of Public Works.

4. Street Tree Replacement. If a street tree is removed, it shall be replaced with another street tree.

18.36.060 – Residential Zone Landscape Standards

A. Applicability. Residential development shall incorporate landscaping in all yard areas that are not specifically used for driveways, walkways, patios, or similar purposes. Residential landscaping shall be approved by the Department and shall be in compliance with the regulations of this Chapter.1. Residential development located in the R-3 and R-4 zones shall have a minimum of 25 percent of the required

landscaped area be usable as open recreational area. Landscaping shall be used to manage and treat stormwater to the maximum extent feasible; see Table 3-6 (Residential Front Setback Landscaping).

2. Residential development located in the R-1, R-1-5000, M-H, and R-2 zones shall have a minimum of 35 percent of the required landscaped area be usable as open recreational area. Landscaping shall be used to manage and treat stormwater to the maximum extent feasible; see Table 3-6 (Residential Front Setback Landscaping).

B. Fences and Walls. See Chapter 18.34 (Fences, Walls, and Hedges).C. Sight Distance. All landscape treatments, walls, berms, and plants shall comply with the sight distance requirements

in County Code Chapter 13.24 (Sight Distance at Public Intersections and Private Driveways).

Table 3-6Residential Front Setback Landscaping

Residential Zone Front Setback (feet) Frequency Additional Requirements

R-1 15 ft One tree per parcelR-1-5000 15 ft One tree per parcel

M-H 10 ft One tree per parcelR-2 20 ft One tree per parcelR-3 20 ft - 18.36.050(F)R-4 20 ft - 18.36.050(F)

D. Multi-family Residential Zones. Development in the R-3 and R-4 Multi-family residential zones shall comply with the following standards:1. 10 feet of the required 20-foot front setbacks, exclusive of driveways, must be planted with a landscape buffer;

this may be in combination with a landscape wall and/or berm.2. For parking areas adjacent to a front setback or in the case of a corner parcel, both the front and side setbacks,

15 feet of the required 20-foot setback must be planted with a landscape screen; this may be in combination with a landscape wall and/or berm.

18.36.070 – Non-Residential Landscape Standards

A. Applicability. Front setback landscaping is required in the following non-residential zones, See Table 3-7 (Non-Residential Front Setback Landscaping):1. C-P Commercial Professional Office2. C-1 Neighborhood Commercial3. C-2 General Commercial4. C-3 Heavy Commercial5. H-I-C Highway Interchange Center


6. M-1 Light Manufacturing7. M-2 General Manufacturing

B. Corner Parcels. Structures on corner parcels shall have required landscape screens for both right-of-way frontages. See Section 18.36.050 (General Landscape Standards).

C. Fences and Walls. See Chapter 18.34 (Fences, Walls, and Hedges).D. Sight Distance. All landscape treatments, walls, berms, and plants shall comply with the sight distance requirements

in County Code Chapter 13.24 (Sight Distance and Public Intersections and Private Driveways).

Table 3-7Non-Residential Front Setback Landscaping

Zone Front Setback (feet) Additional RequirementsCommercial

C-P 10C-1 10C-2 6C-3 15HIC 15

IndustrialM-1 15M-2 15

When a parking structure, parking lot, or maneuvering area is adjacent to a front setback or on a corner parcel, both the front and side setbacks, and the entire width of the required setback along the structure shall be planted with a landscape screen. The landscape screen may be combined with a landscape wall and/or berm. Front setback landscaping is not required in the MU (Mixed-use) zone unless one of the above conditions is met.

Chapter 18.38 - Off-Street Parking Regulations and Design Standards

Contents:18.38.010 – Purpose and Applicability18.38.020 – Permit Requirements18.38.030 – Exemptions18.38.040 – Off-Street Parking Space Requirements18.38.050 – Waiver of Parking Requirements for Parcels with Nonconforming Parking18.38.060 – General Use Provisions for Off-Street Parking Spaces18.38.070 – Parking Space and Drive Aisle Dimensions18.38.080 – Compact and Tandem Parking18.38.090 – Valet Parking18.38.100 – Parking Location Requirements18.38.110 – Shared/Joint Use and Off-site Parking18.38.120 – Recreational Vehicle Parking in Residential Zones18.38.130 – Off-Site Designated Parking: Alternate Parking Location18.38.140 – Design Standards for Parking Lots18.38.150 – Parking for Electric and Alternative Fuel Vehicles18.38.160 – Parking Lot Landscaping18.38.170 – Parking Area Maintenance18.38.180 – Bicycle Parking Requirements18.38.190 – Motorcycle Parking Requirements


18.38.200 – Off-Street Truck Parking Requirements18.38.210 – Off-Street Loading Requirements


A. Purpose. The purpose of this Chapter is to promote land use compatibility, traffic safety, and to improve air quality by providing sufficient off-street parking and maneuvering areas on appropriate surfaces for all uses.

B. Applicability.1. Applicability of Standards. Every use or additions shall, prior to building, occupancy, or permit issuance,

provide off-street parking and traffic movement areas consistent with the provisions of this Chapter.2. Minimum Standards. The standards in this Chapter are considered minimums, and more extensive parking

provisions as a condition of project approval may be required by a review authority for a discretionary permit.

18.38.020 – Permit Requirements

A. New Parking Facilities. The design of new parking facilities not otherwise exempt from the requirements of this Chapter shall be reviewed in conjunction with the Building Permit and any other land use or development permit required for a project. A site plan shall be submitted to the Director in conjunction with the required permit(s) and shall include sufficient detail to determine compliance with the provisions of this Chapter.

B. Modification of Existing Parking Facilities. Modification or improvement to an existing parking facility that changes the parking space layout, configuration, number of stalls, or landscaping shall first require Director review and approval.

18.38.030 – Exemptions

The following parking facility improvements are considered minor in nature in that the number or configuration of parking spaces is not altered. These and similar minor improvements shall be exempt from permit requirements:

A. Resurfacing, slurry coating, and re-striping of a parking area with identical delineation of parking spaces;B. Repair or replacement of damaged planters and curbs in the same location; and,C. Repair of any defects in the surface of the parking area, including holes and cracks.

18.38.040 – Off-Street Parking Space Requirements

A. Parking Spaces Required by Type of Use. Table 3-8 (Off-Street Parking Space Requirements) includes the number of off-street parking spaces required for specific land uses. These standards shall apply at the time a new structure is erected, when an existing structure is altered or enlarged, when a new land use is established, and/or when a land use is intensified by the addition of floor space or seating capacity, unless otherwise specified in this Chapter.

B. Uses Not Listed. Where the parking requirements for a land use are not specifically listed in Table 3-8 (Off-Street Parking Space Requirements), below, the parking requirements for the use shall be determined by the Director. The Director shall establish a parking standard based on the similarity and parking demand of listed uses.

C. Calculation of Spaces Required.1. Gross floor area. For this Chapter, "floor area" for offices, merchandising, or service types of uses shall mean

the gross floor area used, or intended to be used, for service to the public as customers, patrons, clients, patients, or tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise. Floor area does not include areas used principally for non-public purposes, including kitchens, storage, incidental repair, processing or packaging of merchandise, show windows, offices incidental to the management or maintenance of stores or structures, toilet or restrooms, utilities, dressing rooms, or fitting or alteration rooms.

2. Fractional Spaces. Fractional parking space requirements shall be rounded up to the next whole space.


D. Parking Required On-Site. All required parking shall be located on the same parcel or development site as the uses served, except for parking located off-site in compliance with Section 18.38.130 (Off-site Designated Parking: Alternate Parking Location).

E. Parking in Density Bonus Projects. For the number of parking spaces required for density bonus projects see Section 18.66.050(B) (Parking Requirements in Density Bonus Projects: Number of Parking Spaces Required).

F. Permanent Availability Required. Each required parking and loading space shall be permanently available and maintained for parking purposes for the use it is intended to serve.

G. Storage of Inoperable Vehicles – Residential Zones. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space or carport in any residential zone. Exceptions to this provision shall be for all agricultural zones.

H. Restrictions. The parking of vehicles shall not obstruct sidewalks, pedestrian walkways, and vehicular driveways and aisles.

I. Multi-ton Vehicle Restrictions. 1. Residential Zones. The on-street and front setback storage, keeping, or maintaining of commercial vehicles of

more than five-ton rating, except recreational vehicles, is prohibited in the R-1, R-1-5000, R-2, R-3, R-4, ad M-H zones, See Merced County Code Section 11.12.040 (Parking Commercial Vehicles in Residential Districts). Nonconforming status shall not be granted.

2. R-R Zone. Commercial vehicles shall be limited to one three-ton truck weight limit for parking in the R-R zone.3. A-1 and A-1-40 Zones. Commercial vehicles shall be limited to a five-ton truck weight limit for parking in the A-1

and A-1-40 zones.

J. Residential Parking Location. For all residential uses, required off-street parking areas shall be located not more than 200 feet from and conveniently accessible to the dwelling unit served by the parking space.

K. Nonconforming Parking and Loading. Land uses and structures that are nonconforming due solely to the lack of off-street parking or loading facilities required by this Chapter, shall be subject to the provisions of ARTICLE 5 (Nonconformities).

L. ADA Accessible Parking. 1. ADA accessible parking shall be provided in compliance with the requirements in Table 3-9 (ADA Parking Space

Requirements) and with the standards specified in the Building Code.2. ADA parking spaces shall be a minimum of 14feet wide by 19feet in length.3. ADA accessible parking spaces shall be located to minimize travel distance to primary structure entrances and

shall attempt to avoid conditions in which any disabled person is required to wheel or walk behind parked vehicles while traveling to or from parking spaces to the primary structure entrances.

4. One- and two-family residential units are exempted from the ADA Accessible Parking Standards.

M. Accessory Dwelling Unit Parking.1. Required Parking. One additional off-street parking space shall be provided for an ADU, except that parking is

not required for an ADU in any of the following instances:a. The ADU is located within one-half mile of public transit; or,b. The ADU is part of an existing accessory structure.

2. Tandem Parking. A parking space for an ADU may be provided as tandem parking on an existing driveway.3. Conversion. When an existing garage is converted to an ADU, or when a carport or covered parking structure is

demolished in conjunction with the construction of an ADU, the required replacement spaces must be located on the same parcel and may be covered, uncovered, or tandem spaces.


Table 3-8Off-Street Parking Space Requirements

Land Use Number of Spaces RequiredResidential UsesAccessory Dwelling Units 1 space per ADU

Short term rentals 1 space per short term rental, and the parking space requirements per single-family dwelling as specified below

Mobile home park or trailer park 2 spaces for each unit or 1 space for seniors (62 years or older), plus 1 guest space for every 5 units; spaces may be tandem

Multi-family

1½ spaces per 1 bedroom, 2 spaces for each unit having 2–4 bedrooms, or 3 spaces for 5 or more bedrooms or rooms which could be used as bedrooms, plus 1 guest space for every 5 units. At least 1 space for each unit shall be covered with a garage or carport.

Single-and two-family dwelling

2 spaces per dwelling unit with up to 4 bedrooms, dwelling units with 5 or more bedrooms require 3 spaces at least 1 of which shall be a covered garage or carport (each space must be at least 9 feet by 19 feet).

Single Room Occupancy (SRO) 1 space per unit or bedroom, 1 space for an on-site manager where applicable, and 1 space for each additional employee

Recreation, Education, and Public Assembly Uses

Assisted living facility ½ space per residential unit, plus 1 space per every shift employee

Colleges; art, craft, music, and dancing schools; and business, professional and trade schools

1 space for every employee, plus 1 space for every 4 students at planned capacity or 1 space for every 4 auditorium seats, whichever is greater

Commercial indoor and outdoor recreation 1 space for every 4 persons of allowed maximum facility capacity or occupancy

Convalescent homes, nursing homes, and sanitariums 1 space per staff or visiting doctor, plus one space per 2 employees, plus 1 space for every 4 beds

Day care centers 1 space for every employee, plus 2 spaces, plus 1 loading space for every 5 children

Day care homes 2 spaces per dwelling unit, at least 1 space of which shall be a covered garage or carport

Elementary schools 1 space for every employee, plus 1¾ spaces for each classroom, plus a bus loading area.

Emergency Shelters 1 space per 10 occupants, plus 1 space for each staff member.

Golf course and driving range 4 spaces for each hole on the course, and 1 space for each tee driving range

Hospitals 1 space for every 3 beds, plus 1 space per staff doctor, plus 1 space for every 3 staff

Library 1 space for every 250 square feet of gross floor area, plus 1 space per every 5 seats in meeting rooms

Middle and high schools 1 space for every employee, plus 2½spaces for each classroom, plus a bus loading area

Park and recreational use 1 space for every 5,000 square feet of active recreational area within a park or playground

Places of assembly 1 space for every 4 seats or 1 space for every 50 square feet of net floor area for assembly, whichever is greater

Theater, auditorium, sports arena, stadium, gymnasium1 space for every 5 permanent seats or 40 square feet of gross floor area, whichever is greater, plus 1 space for each shift employee

Value added agricultural uses and activities (e.g., agricultural tourism, agricultural retail, equestrian facilities)

1 space for each 225 square feet of gross retail floor area, plus 1 space for every 2 shift employees, plus at least 1 space for each truck associated with the operation

Retail Uses


Table 3-8Off-Street Parking Space Requirements

Land Use Number of Spaces RequiredAll other professional offices 1 space per 250 square feet of gross floor areaBanks, lending agencies, financial and governmental institutions, public utility offices (including drive-up facilities) 1 space per 250 square feet of gross floor area

Boat sales, mobile home sales, retail nurseries, and other open uses not in a structure

1 space for every 3,000 square feet of gross floor area, 1 space for each facility vehicle, plus 1 space for each employee. There shall be a minimum of 4 spaces

Food establishments with take-out provisions only1 space for every 200 square feet of gross floor area,1 space for each facility vehicle, plus 1 space for each shift employee. There shall be a minimum of 4 spaces.

Hotel and motels 1 space per guestroom, plus an additional 6 spaces.Medical, dental, optometry, veterinarian, or chiropractic offices and clinics

1 space per 250 square feet of gross floor area, or 6 spaces per doctor, whichever is less

Research facilities 1 space per 300 square feet of gross floor area

Restaurant, cafe, night club, tavern, and other similar places where food or refreshments are dispensed

1 space for every 3 seats or 100 square feet of gross floor area devoted to dining, whichever is greater, plus 1 space for each shift employee

Restaurant with take-out service, walk-up, or drive-up windows and roadside stands

1 space for every 3 seats or 100 square feet of gross floor area, whichever is greater, plus 1 space for each shift employee, plus 8 spaces or 8 auto waiting spaces for each exterior service window

Retail uses of any type, unless otherwise listed below 1 space for every 250 square feet of gross floor area.

Service stations and vehicle repair1 space per 400 square feet of gross floor area, plus 1 space for each employee, but not less than 3 spaces total (service bays shall not be counted as part of the required parking)

Shopping centers (projects over 200,000 square feet of gross floor area) 1 space per 275 square feet of gross floor area

Temporary or limited term produce stand (selling products grown on the property)

1 space for each 225 square feet of gross retail floor area, plus 1 space for every 2 shift employees, plus at least 1 space for each truck associated with the operation

Vehicle sales and repair 1 space for every 400 square feet of gross floor areaIndustrial UsesIndustrial uses of any type, unless listed below, including warehouses or structures used exclusively for storage purposes

1 spaces for each 1,000 square feet of gross floor area, plus 1 space for each facility vehicle

Machinery sales and wholesale stores 1 space for every 800 square feet of gross floor areaPublic facility (e.g., communication equipment structure or electrical substation) 1 space for every shift employee

Truck/Car wash and maintenance facility 1½ spaces per service bay, plus 1 space per every shift employee

Table 3-9ADA Parking Space Requirements

Number of Off-Street Vehicle Spaces Provided Minimum Number ofADA Accessible Parking Spaces Required

1-40 141-80 281-120 3

121-160 4161-300 5301-400 6401-500 7Over 500 One for each 200 additional spaces


18.38.050 – Waiver of Parking Requirements for Parcels with Nonconforming Parking

A. The Director shall have the authority to review and modify parking requirements (per request of the applicant) in nonconforming parking situations to encourage economic development.

B. The parking for any structure(s) or use that becomes substandard by the adoption of this Article, but which was lawful prior thereto, shall be considered nonconforming. A nonconformity may continue, but any enlargement or expansion of the structure or use shall require the provision of the required number of parking spaces or parking area for the expansion area or use as specified in this Chapter. Any change of occupancy or use of an existing structure or parcel, which requires more parking spaces, shall provide the additional parking as required by this Chapter.

18.38.060 – General Use Provisions for Off-Street Parking Spaces

Required off-street parking, circulation, and access areas shall be used exclusively for the temporary parking and maneuvering of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the provisions of this Code.

18.38.070 – Parking Space and Drive Aisle Dimensions

A. Parking space and Drive Aisle Dimensions. Parking lots shall be designed and constructed as indicated in Table 3-10 (Minimum Off-Street Parking Dimensions) and Figure 3-11 ( Minimum Off-Street Parking Requirements).

Table 3-10Minimum Off-Street Parking Dimensions

Parking Angle (degrees)

Space Width (feet)

Curb Length(feet)

Space Depth(feet)

Drive Aisle (feet)

0 (Parallel) 9 22 9 1430 9 N/A 18 1445 9 N/A 20 1560 9 N/A 21 1890 9 N/A 19 24 (two-way aisle)


Figure 3-11Minimum Off-Street Parking Requirements

18.38.080 – Compact and Tandem Parking

A. Maximum Number. For any commercial, office, mixed-use, or multi-family development, up to 20 percent of the required off-street parking spaces may consist of compact parking spaces.

B. Size. Each compact parking space shall be not less than 15 feet in length and eight feet in width, exclusive of aisles and access drives.

C. Compact Space Designation. All parking spaces for compact vehicles shall be designated with the word “Compact” on the pavement at the opening of the space.

D. Tandem Parking. No parking space shall be so located as to require the moving of any vehicle on the premises to enter or leave any other stall. The preceding sentence does not apply if a parking facility has an attendant always present during the use of the facility.


18.38.090 – Valet Parking

A. Valet Parking Service License Required. A valet parking service license is required for the operation of valet parking and requires the approval of an Administrative Permit. A valet parking service license shall include the following information:1. The name and location of the business to be served;2. The hours of operation and the number of employees of the operator who will be assigned to carry out the

activity;3. Seating or occupancy capacity of the business applying for the license;4. A statement from the owner or manager requesting the consideration of the application;5. The location where the vehicles will be temporarily parked or stored for the business served;6. The location of the designated passenger loading zone;7. The routes to be used between the passenger loading zone or other vehicle pickup points and the temporary

parking or storage location;8. A certificate of general liability insurance subject to approval by the Director;9. A statement from the operator of any parking facility designated as the temporary parking or storage location as

to that facility’s ability to accept 50 percent of the required off-site parking for vehicles, the number of spaces to be reserved for the licensee’s operation, the total number of spaces in the parking facility, and estimates of the percent usage of the facility prior to, and subsequent to the proposed activity for which the license is sought. In cases where the parking facility is part of a structure or premises devoted to other uses which require off-street parking, the statement shall also include information as to the number of parking spaces which were required by law to be provided in the parking facility to serve the other uses when the uses were established;

10. A copy or written contract or covenant between the applicant and the operator of the parking facility designated as the temporary parking or storage location, which contract, or covenant shall contain a provision that it cannot be canceled without at least 30 days' notice to the other party and to the County; and,

11. The location of any proposed signs for the valet service and any proposed attendant stands and waiting areas.12. In the event the offsite designated parking location is not available for use by the applicant for offsite parking, the

applicant shall come to the County with an acceptable alternative location within 15 days from the loss of the use of that site.

B. Short-Term License. In a circumstance involving a non-reoccurring special event or special needs of an applicant to commence operations prior to the time an application can be processed for a regular valet parking service license issuance, a short-term license for a period of operation not exceeding seven calendar days may be issued by the Director upon the submittal of a Temporary Use Permit application in compliance with Chapter 18.124 (Temporary Use Permits), accompanied by the applicable fees, and the certificate of insurance. Any other requirement of this Section may be waived by the Director in connection with a short-term license if the Director determines that it would be impractical for the applicant or licensee to comply with the requirement and that compliance with the requirement is not necessary in order to protect the interest of the County or the public peace, health, or safety.

18.38.100 – Parking Location Requirements

The required parking spaces shall be located on the same site with the primary use or structure, on premises contiguous to them, or in a location conforming to an approved Site Plan. Property within the ultimate right-of-way of a street or highway shall not be used to provide required parking or loading facilities. Parking shall not be allowed in the front yard setback other than in the driveway for a single-family residential use or within a driveway in a multi-family development that is specifically designed for and has sufficient length to provide off-street parking for a specific dwelling unit.

18.38.110 – Shared/Joint Use and Off-site Parking

A. The Director or Commission may, upon application by the owner or lessee of any property authorize the shared or joint use of parking facilities by the following uses or activities by the specified conditions:


1. Allowable Usage. Up to 50 percent of the parking facilities required by this Chapter for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use and up to 50 percent of the parking facilities required by this Chapter for a use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided that the parking area shall meet the conditions specified in Subparagraph 3 below.

2. Daytime and Nighttime Uses.a. Daytime Uses. The following uses are considered typical daytime uses: banks, business offices, retail

stores, service shops, clothing or shoe repair, manufacturing and wholesale, and similar uses.b. Nighttime Uses. The following uses are considered typical nighttime uses: theaters, bars, night clubs,

auditoriums, and other similar or incidental uses.

3. Required Conditions. The following conditions are required for shared or joint use parking:a. The structure or use for which the application is being made for authority to use the existing off-street

parking facilities provided by another structure or use, shall be located within 150 feet of a parking facility.b. The applicant shall show that there is no substantial conflict in the principal operating hours of the structures

or uses for which the joint use of off-street parking facilities is proposed.c. The applicant of the project proposing to use parking already established for another use shall submit a

signed contract (covenant) between the applicant and the other property owner(s) providing the off-street parking spaces subject to the shared parking arrangement.(1) The covenant shall be subject to the approval of the Director.(2) The covenant shall also be subject to review by County Counsel, as to form and content.(3) The covenant shall stipulate that the title and right to use the parcel or parcels upon which the parking

space is to be provided will be subservient to the title to the premises upon which the structure is to be erected and that the parcel(s) is not and will not be made subject to any other covenant or contract for use without prior written consent of the County.

(4) The covenant shall be recorded in the office of the County Recorder.

B. Shared Parking within Common Facilities.

1. Common parking facilities may be provided in place of the individual requirements specified in this Chapter and shared between the uses they serve provided the total number of off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately taking into consideration allowable reductions of joint use as specified in Subsection A above.

2. When any common parking facility is to occupy a site of 5,000 square feet or more, then the parking requirements as specified in this Subsection for each two or more participating structures or uses may be reduced by not more than 10 percent of the total area of the common parking facilities required upon approval of development plans by the Commission in the manner specified for a Conditional Use Permit as specified in Chapter 18.116 (Conditional Use Permits), unless parking reductions are addressed under a Planned Development Permit.

C. Mixed Uses. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as specified in joint use.

D. Parking Demand Study. The Director may require the applicant to submit a parking demand study, prepared by a person/firm experienced in preparing parking plans, to assist in determining the appropriate shared parking reduction.

E. Low Demand. The number of required parking spaces may also be reduced if the use will not use the required number of spaces due to the nature of the specific use, as demonstrated by a parking demand study submitted to and approved by the Director.

18.38.120 – Recreational Vehicle Parking in Residential Zones


A. Purpose. It is the intent of this Chapter to establish regulations that apply to the storage and/or parking of trailers, boats, and other recreational vehicles in the County. As applied to this Article, “storage” and “parking” shall be used interchangeably.

B. Residential Zones.1. In residential zones, recreational vehicles, boats, and trailers may be stored only on property on which the

vehicle’s owner resides. Storage is permitted outside a structure on a paved, graveled, or approved alternative material driveway, provided all of the following conditions exist:

a. Storage is permitted in the front setback only when space is not accessible in the rear or side setback, or the parcel is not on a corner and has no reasonable access to either the side or rear setback;

b. Inside storage is not possible;c. The vehicle is stored perpendicularly to the front curb;d. No part of the vehicle extends over the public sidewalk or public thoroughfare (right-of-way);e. No more than one recreational vehicle, boat, or trailer is stored in the front setback of each residential unit;f. The vehicle is stored at least three feet from side and rear property lines; and,g. The vehicle does not block access to or occupy any required parking spaces.

2. Stored recreational vehicles and trailers shall not be:a. Used for dwelling purposes, except for temporary residential use during the construction of a permanent

dwelling with the approval of a Temporary Use Permit (See Chapter 18.124 Temporary Use Permits).b. Permanently connected to sewer lines, water lines, or electricity. Temporary electrical connections for

charging batteries and the use of electricity or propane fuel are permitted only when necessary to prepare a recreational vehicle for immediate use.

c. Used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.

C. Non-Residential Zones. An operable recreational vehicle, boat or trailer may be stored in all non-residential zones, where the vehicle belongs to the property owner or the property owner provides written permission allowing the storage. Storage allowed under this Subsection shall be limited to a maximum of three vehicles at any one time. Storage of more than three recreational vehicles, boats, and/or trailers shall be considered a commercial use and shall follow applicable Zoning Code requirements regulating that use. The following rules shall apply to recreational vehicle, boat, and trailer storage in non-residential zones:

1. Storage is permitted inside any enclosed structure that conforms to the requirements of the particular zone in which the structure is located;

2. Storage is permitted outside in a side or rear setback, provided it is not nearer than three feet to the parcel line;3. Stored recreational vehicles, boats, and trailers shall not be:

a. Used for dwelling purposes.b. Permanently connected to sewer lines, water lines, or electricity. Temporary electrical connections or the

use of propane is permitted for charging batteries and to prepare a recreational vehicle for immediate use.c. Used for storage of goods, materials, or equipment other than those items considered to be part of the unit

or essential for its immediate use.

4. The vehicle may not block access to or occupy any required parking spaces.

18.38.130 – Off-Site Designated Parking: Alternate Parking Location

A. Permit Approval. Approval of an Administrative Permit in compliance with Chapter 18.114 (Administrative Permits) shall be required for a parking facility or any portion of required parking that is not located on the same site as the use it is intended to serve.


B. Findings. In order to approve an Administrative Permit for an off-site parking facility, the Review Authority shall make all of the following findings in addition to those required for the approval of an Administrative Permit:1. The parking facility is located within 1,000 feet to the use it is intended to serve;2. On-street parking is not being counted towards meeting parking requirements;3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and,4. The parking facility will be permanently available and maintained for the use it is intended to serve.

C. Parking Agreement. A parking agreement, which guarantees the long-term availability of the parking facility for the use it is intended to serve, shall be recorded with the County Recorder’s Office. The agreement shall be in a form approved by the County Counsel and the Director.

D. Loss of Off-Site Parking.1. Notification to County. The owner or operator of a business that uses an approved off-site parking facility to

satisfy the parking requirements shall immediately notify the Director of any change of ownership or use of the property where the spaces are located, or changes in the use that the spaces are intended to serve, or of any termination or default of the agreement between the parties.

2. Effect of Termination of Agreement. Upon notification that the agreement for the required off-site parking has terminated, the Director shall establish a reasonable time in which one of the following shall occur:a. Substitute parking is provided that is acceptable to the Director; or,b. The size or capacity of the use is reduced in proportion to the parking spaces lost.

18.38.140 – Design Standards for Parking Lots

A. Paving.

1. County Urban Areas. All parking and maneuvering areas and driveways required by the County in urban areas shall be paved with an asphaltic or concrete surface subject to standards of the Department of Public Works.

2. County Agricultural Areas. All parking and maneuvering areas and driveways required by the County in agricultural zoned areas shall be surfaced with appropriate materials based on vehicular characteristics, soil conditions, and surrounding land uses, subject to approval by the Department of Public Works.

B. Other Improvements. Parking lots in urban areas shall have concrete wheel stops, or as allowed in Chapter 18.36 (Landscaping), striping three inches wide, handicapped identification and directional arrows for angle or parallel parking. Wheel stops shall be placed so that vehicles do not overhang sidewalks, walkways, or areas planted with landscaping.

C. Drainage. Parking areas shall be designed to dispose of accumulated rain water subject to approval by the Department of Public Works in one of the following ways:1. Uniform on-site percolation over widespread area;2. Use of on-site detention or retention basin; or,3. Off-site drainage to community drainage system.

D. Lighting. Parking in urban areas that will be used at night shall have lighting capable of providing adequate illumination for security and safety. The minimum requirement is one foot-candle, maintained across the surface of the parking area. Lighting standards shall be in scale with the height and use of the on-site structure(s). Any illumination, including security lighting shall be directed downward and away from adjoining properties and public rights-of-way.

E. Fences, Walls, and Hedges. See Chapter 18.34 (Fences, Walls, and Hedges).F. Landscaping. See Chapter 18.36 (Landscaping).

18.38.150 – Parking for Electric and Alternative Fuel Vehicles


A. Electric and Alternative Fuel Vehicle parking shall be provided for all new residential projects and non-residential projects, additions, or alterations that add 10 or more vehicular parking spaces, in compliance with the requirements in Table 3-11 (Electric and Alternative Fuel Vehicle Parking Space Requirements), the standards specified in the California Building Code, and the California Green Code.

B. Preferential parking for alternative fuel vehicles is encouraged and each space shall be provided with a sign/marking that identifies the parking space as designated for use by alternative fuel vehicles only. Preferential parking spaces shall be located as close as possible to the primary entrance without conflicting with parking provided to meet the Americans with Disability Act (ADA) requirements or preferential parking provided for carpool/vanpools.

C. For those sites already containing parking spaces for vehicle recharging stations, those spaces may be dually designated as vehicle recharging stations only and as preferential parking for electric vehicles.

D. Electric and alternative fuel vehicle parking areas shall be illuminated by exterior lighting for security reasons and so users can easily operate the charging stations. Exterior lighting shall be focused downward and shielded to reduce glare on adjoining properties.

E. All parking spaces for “low-emitting,” “fuel efficient,” and “carpool/vanpool” vehicles shall be clearly marked on the pavement as required by the California Building Code. Electric Vehicle (EV) recharging stations installed to charge electric vehicles parked within a properly designated on-site space shall not block or impede pedestrian access or passage of a sidewalk.

F. Additional questions concerning mandatory standards that have not been addressed in this Chapter for Electric Vehicles (EV) charging infrastructure for parking spaces in multi-family dwelling and non-residential developments should be referred to the Building Official.

G. Pursuant to the California Green Building Code, the Director may approve an exception to the Electric and Alternative Fuel Vehicle Parking Space Requirements on a case-by-case basis, where EV charging and infrastructure are not feasible based one or more of the following conditions :1. Where there is insufficient electrical supply;2. Where there is evidence substantiating that additional local utility infrastructure design requirements, directly

related to the implementation of this requirement, may adversely impact the construction costs of the project; or,3. Where there is evidence substantiating that meeting the requirements will alter the local utility infrastructure

design requirements on the utility side of the meter so as to increase the utility side cost to the homeowner or the developer by more than $400.00 per dwelling unit.

Table 3-11Electric and Alternative Fuel Vehicle Parking Space Requirements

Number of Off-Street Vehicle Spaces Provided Minimum Number of Electric and Alternative Fuel Vehicle Parking Spaces Required

1-9 None Required10-25 126-50 351-75 676-100 8

101-150 11151-200 16Over 200 At least eight percent of the total number of vehicle spaces

18.38.160 – Parking Lot Landscaping

Parking lot landscapes shall be installed to ensure consistency with submitted landscape plans and shall conform to the standards specified in Section 18.36.050(G) (General Landscape Standards: Parking Lots).

18.38.170 – Parking Area Maintenance


All parking areas including parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be kept free of dust, graffiti, litter, and weeds. Striping, paving, walls, light standards, and all other facilities shall be permanently maintained in good condition.

18.38.180 – Bicycle Parking Requirements

A. Applicability. Short-term and/or long-term bicycle parking shall be provided for any new use, major alteration, or enlargement of a commercial structure or multi-family dwelling over 50 percent. Bicycle parking areas and racks shall not block pedestrian traffic on sidewalks.

B. Short-Term Bicycle Parking. Every business establishment (i.e., newly permitted, rehabilitated, or remodeled) with 10 or more visitor parking spaces shall provide short-term bicycle parking in compliance with the following provisions:1. Provide permanently anchored bicycle racks within 200 feet of the entrance to the structure readily visible to

passers-by.2. The number of required bicycle racks shall be as established by the California Green Building Code with a

minimum of one, two-bike capacity, rack provided for any new project or an addition or alteration.

C. Long-Term Bicycle Parking. For new structures, additions, or alterations that add 10 or more tenant vehicular parking spaces, secure bicycle parking shall be provided for 5 percent of the tenant vehicular parking spaces being added, with a minimum of one space. Acceptable long-term bicycle parking facilities shall be convenient from the street and shall meet one the following standards:1. Covered, lockable enclosures with permanently anchored racks for bicycles;2. Lockable bicycle rooms with permanently anchored racks; or,3. Lockable, permanently anchored bicycle lockers.

18.38.190 – Motorcycle Parking Requirements

Motorcycle parking shall be required for any new use, major alteration, or enlargement of a multi-family, commercial, mixed-use, or industrial site or structure as shown in Table 3-12 (Motorcycle Parking Requirements).

A. Space Size. Motorcycle parking spaces shall be a minimum of four feet in width and eight feet in length.B. Design Standards.

1. Motorcycle parking spaces shall be clearly marked with signage and/or bollards to prevent vehicle usage.2. Motorcycle parking areas shall be paved with concrete to prevent damage from motorcycle kick stands and

center stands.

Table 3-12Motorcycle Parking Requirements

Use Number of Off-Street Vehicle Spaces Provided

Minimum Number of Motorcycle Parking Spaces Required

1-25 spaces None required26-50 spaces 1 space

50-100 spaces 2 spacesCommercial

Greater than 100 spaces 2 spaces, plus 1 space for each 100 vehicle spaces

1-6 None requiredResidential

Greater than 6 spaces ½ space for every 6 vehicle spaces for more than two dwelling units.

18.38.200 – Off-Street Truck Parking Requirements

A. Agricultural Uses.


1. Trucks parked on agricultural zoned parcels shall be part of the on-site agricultural operation or agricultural business. Trucks not part of on-site operations are not permitted to park on-site.

2. Off-street truck parking areas shall be surfaced with a dust-minimizing treatment or other all-weather surface to reduce impacts from dust and air pollutants.

3. Access areas shall have cattle grates to ensure on-site debris (i.e., gravel, mud, rocks) is not carried off-site by truck tires.

B. Commercial Uses.1. One off-street parking space shall be provided for every commercial use with 3,000 square feet or more of gross

floor area.2. Designated off-street truck parking areas shall be surfaced with asphalt, concrete, or other all-weather surface.

For commercial uses on agricultural zoned parcels, designated off-site truck parking areas shall adhere to the requirements in Subsection A above.

C. Industrial Uses.1. One off-street parking space shall be provided for every industrial use with 3,000 to 20,000 square feet of gross

floor area.2. Two off-street parking spaces shall be provided for industrial uses greater than 20,000 square feet of gross floor

area.3. Designated off-street truck parking areas shall be surfaced with asphalt, concrete, or another all-weather

surface. For industrial uses on agricultural zoned parcels, designated off-site truck parking areas shall adhere to the requirements in Subsection A above.

D. Design Standards.1. Spaces shall be a minimum of 75 feet in length and 20 feet in width, and shall have a minimum height clearance

of 14 feet;2. Spaces shall be provided and maintained on the same parcel as the agricultural, commercial, or industrial use;3. Spaces shall not interfere with on-site vehicular circulation or parking, or with pedestrian circulation;4. Parking areas shall be screened from the public right(s)-of-way, subject to the approval of the Director;5. Parking areas shall be maintained in compliance with Section 18.38.170 (Parking Area Maintenance); and,6. Parking areas shall provide outdoor nighttime lighting for security and safety. The minimum requirement is one

foot-candle, maintained across the surface of the parking area. Lighting standards shall be in scale with the height and use of the on-site structure(s). Any illumination, including security lighting shall be directed downward and away from adjoining properties and public rights-of-way.

E. Truck Terminals.1. Driveway aisles between truck parking areas shall be a minimum of 35 feet wide.2. Parking is not permitted in the driveways, parking aisles, or maneuvering areas.

18.38.210 – Off-Street Loading Requirements

Commercial, mixed-use, and industrial facilities, including hospitals, hotels, and institutional uses shall provide sufficient on-site maneuvering and loading areas as provided in Table 3-14 (Off-Street Loading Requirements) subject to all the following conditions:

A. Loading Spaces Abutting an Alley.1. When the parcel upon which the loading spaces are located abuts upon an alley, the loading spaces shall adjoin

or have access directly from the alley.2. The length of the loading space may be measured perpendicular to or parallel with the alley.


3. Where the loading area is parallel with the alley and the parcel is 50 feet or less in width, the loading area shall extend across the full width of the parcel.

4. The length of a loading area need not exceed 90 feet for any two spaces.

B. Loading Allowed in a Setback. Where the loading is allowed in a setback, the setback may be used in calculating the area required for loading, providing that there be no more than one entry or exit to 60 feet of parcel frontage or fraction thereof.

C. Loading spaces shall be maintained. Loading space being maintained in connection with any main structure existing on the effective date of this Chapter shall thereafter be maintained so long as the structure remains, unless an equivalent number of spaces are provided on the same or a contiguous parcel in compliance with the requirements of this Section and as approved by the Director provided, however, that this regulation shall not require the maintenance of more loading space than is required for a new structure, or the maintenance of the space for any type of main structure other than those specified as allowed.

D. Loading space may occupy a required setback. Loading space required by this Chapter may occupy a required setback as provided in the subject zones, but in no case, shall any part of an alley or street be used for loading.

E. Loading space minimum dimensions. The loading spaces shall be not less than 12 feet in width, 40 feet in length, and with 14 feet of vertical clearance.

F. Number of loading spaces required. The number of loading spaces required for various uses shall comply with the number of spaces specified in Table 3-14 (Off-Street Loading Requirements), below.

G. Allowed hours of operation. Where a loading area abuts a residential zone, loading shall only occur between the hours of 8:00 a.m. and 6:00 p.m.; otherwise, the area shall be located not less than 50 feet from the zone or be completely enclosed.

H. Loading areas screening. Loading areas within 50 feet of a residential zone shall be screened by a solid masonry or concrete wall at least eight feet in height. Loading areas visible from a public street or highway shall be screened with planting of not less than six feet in height as required by Chapter 18.36 (Landscaping).

I. No loading allowed on streets. No loading shall be allowed on a public road, street, or highway.J. Additional loading spaces required. Where loading facilities do not conform to the provisions of this Section, or

where no facilities have been provided for structures constructed prior to the effective date of this Section, the structure shall not be expanded nor, may additional facilities be provided within the structure until after the requirements for loading space have been complied with for those facilities added or enlarged. Applicable loading requirements under this Section may be reviewed/modified, upon request, if determined appropriate by the Director as needed to encourage economic development.

Table 3-14Off-Street Loading Requirements

Use Gross Floor Area Loading Spaces RequiredLess than 3,500 03,500 – 15,000 1

15,001 – 40,000 240,001 – 80,000 3

80,001 – 100,000 4

Commercial and Mixed-Use Uses including hospitals and institutions

Greater than 100,000 5Less than 3,500 03,500 – 40,000 1

40,001 – 100,000 2Hotels and Offices

Greater than 100,000 3Less than 3,500 03,500 – 40,000 1

40,001 – 80,000 2Industrial Uses

80,001 – 100,000 3


Table 3-14Off-Street Loading Requirements

Use Gross Floor Area Loading Spaces Required100,001 – 160,000 4

Greater than 160,000 5

Chapter 18.40 - Performance Standards

Contents:18.40.010 – Purpose and Applicability18.40.020 – Compliance18.40.030 – Air Emissions18.40.040 – Hazardous Materials18.40.050 – Noise18.40.060 – Odor18.40.070 – Outdoor Lighting18.40.080 – Vibration, Heat, Electrical Disturbance, and Glare18.40.090 – Wastewater


A. Purpose. The purpose of these performance standards is to ensure compatibility between land uses by setting limits, whether generic or qualitative, for dust, heat, electrical disturbances, fumes, vapors, odor, noise, lighting, and so forth.

B. Applicability. The following provisions, standards, and specifications apply to all properties, structures, uses, and activities in all zones, unless an exception is specifically noted.

18.40.020 – Compliance

The Director may require evidence of ability to comply with the following performance standards as deemed necessary prior to approval or issuance of a Zoning Clearance.

18.40.030 – Air Emissions

A. Air Emissions, Fumes, Vapors, Gases, and other Forms of Pollutants. Any emissions shall comply with the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) standards, and designated burn days.

B. Dust. No urban land use shall create dust, dirt, or mud, which leaves the boundaries of the project site. Implementation of the following measures shall help to reduce generation of dust, dirt, or mud:1. Schedule all grading activities to ensure that repeated grading will not be necessary.2. If a construction site has been disturbed (cleared, graded, or excavated) and is to remain inactive for a period of

three or more months, it shall be seeded with an annual grass and watered until growth is evident. If after disturbing, the site is inactive for three or more months during the dry period (June-October), as an alternative to seeding, a soil binding dust palliative, such as Hemicellulose extract (wood molasses) solution, may be applied. If seeded, grass shall be mowed (not disked under) to a maximum height of four inches for fire control. Grasses do not need to be maintained in a green/growing condition. Mowing should occur before the grass dries out to avoid fires that may result from blades striking rocks.

3. During clearing, grading, earth moving, and other site preparation activities and all construction:


a. Exposed earth surfaces shall be watered as needed, whenever needed, in order to prevent dust from leaving the project site on that phase of the project presently under development.

b. Mud and dirt carried from the development onto adjacent roadways shall be cleaned up daily.c. Litter and debris shall be cleaned up daily to prevent it from leaving the project site and littering adjacent

properties.

18.40.040 – Hazardous Materials

A. Applicability. Any business that is involved in handling and/or storage of hazardous materials shall file a "Hazardous Materials Business Plan" (HMBP) with the County Division of Environmental Health for review and approval prior to operating the business.

B. Hazardous Materials. Hazardous materials shall include all substances on the comprehensive master list of hazardous materials compiled and maintained by the California Department of Health Services.

C. Storing, Handling, and Transportation. The use, handling, storage, and transportation of hazardous materials shall comply with all applicable requirements of Government Code Section 65850.2 California Code of Regulation, Title 23, Chapter 15, Articles One through Four and Health and Safety Code Section 25505, Article 80 - Uniform Fire Code, et,. al.

18.40.050 – Noise

A. Applicability. The following noise provisions, standards, and specifications apply to all properties, structures, uses, and activities in all zones, unless an exception is specifically noted. For additional noise standards see Chapter 10.60 (Noise Control) in the Merced County Code.

B. Definitions.

dBA. Decibel with “A” level weighting scale similar to the human ear.

Ldn. Day/night average sound level during a 24-hour day.

Lmax. The maximum noise level during a single event.

C. Noise Generated by Mechanical Equipment. Buzzers, bells, loud speakers, or other noise generating devices shall comply with the noise standards below at any boundary line of the parcel, except fire protection devices, burglar alarms, and church bells. Merced County Code Chapter 10.60 (Noise Control) and the 2030 General Plan Standards for unacceptable noise levels shall apply:

1. If the proposed use exceeds the background sound level by at least 10 dBA during daytime hours (7:00 a.m. to 10:00 p.m.) and by at least five dBA during nighttime hours (10:00 p.m. to 7:00 a.m.). The background sound level for purposes of this section shall be determined as set forth in MCC Section 10.60.060.

2. If the proposed use is adjacent to a residential land use or property that is zoned for residential use, the allowable noise level shall not exceed 65dBA Ldn or 75dBA Lmax at the property line.

3. If the proposed use is not adjacent to a residential use or a parcel zoned for residential land use, the allowable noise level at the property line shall not exceed 70dBA Ldn or 80dBA Lmax at the property line.

D. Consistency with General Plan. The maximum noise levels for all land uses shall be consistent with Table HS-1 (Noise Standards for New Uses Affected by Traffic, Railroad, and Airport Noise) and Table HS-2 (Non-Transportation Noise Standards) in the Health and Safety Element of the 2030 General Plan.

E. Elevated Noise Level During Construction. During construction, the noise level may be temporarily elevated. To minimize the impact, all construction in or adjacent to urban areas shall comply with the following procedures for noise control:1. Construction hours shall be limited to the daytime hours between 7:00 a.m. and 6:00 p.m. daily;2. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving,

excavating, or demolition work between 6:00 p.m. and 7:00 a.m. on a weekday or at any time on a weekend


day, or legal holiday, except for emergency work, or when the sound level exceeds any applicable relative or absolute limit specified in MCC Section 10.60.030 is prohibited; and,

3. All construction equipment shall be properly muffled and maintained

F. Noise Barriers. Refer to Section 18.34.060 (Noise Barriers) of this Zoning Code for design requirements if a noise barrier structure is required to meet the noise standards.

18.40.060 – Odor

No use shall emit any offensive odor off-site based on typical human reaction except normal odor associated with certain uses that are allowed in agricultural areas (i.e., animal confinement facilities). The County Division of Environmental Health shall determine whether or not the off-site odor is offensive or causes a nuisance.

18.40.070 – Outdoor Lighting

A. Exterior Lighting. Exterior lighting shall be designed and maintained in a manner so that glare and reflections are contained within the boundaries of the subject parcel and shall be hooded and directed downward and away from adjoining properties and public rights-of-way.

B. Illumination. The use of blinking, flashing, or unusually high-intensity or bright lights are prohibited.C. Lighting Compatibility. All lighting fixtures shall be appropriate to the use they are serving, in scale, intensity, and

height.

18.40.080 – Vibration, Heat, Electrical Disturbance, and Glare

No use shall create any disturbing ground vibration, heat, glare, and electrical disturbances based on typical human reaction beyond the boundaries of the subject parcel. No use shall cause electromagnetic interference with normal radio or television reception or with the function of other electronic equipment beyond the property line of the parcel on which they are located.

18.40.090 – Wastewater

A. Purpose. No person or use shall discharge fluids of any kind into a public or private sewage system, water course, body of water, or the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter Three, and California Water Code, Division Seven).

B. Approval Required. Projects requiring discharge to a septic system shall obtain approval of the County Division of Environmental Health. Discharge to a community sewer system shall comply with the discharge requirements of the appropriate sanitary district.

Chapter 18.44 - Sign Regulations

Contents:18.44.010 – Purpose and Applicability18.44.020 – Effect of Chapter18.44.030 – Definitions18.44.040 – Sign Permit Required18.44.050 – Comprehensive Sign Program – When Required18.44.060 – Application and Review of Sign Permits18.44.070 – Exempt Signs18.44.080 – Prohibited Signs18.44.090 – Temporary Signs


18.44.100 – Standards for Signs Requiring a Sign Permit18.44.110 – Standards for Specific Sign Types18.44.120 – Iconic Signs18.44.130 – Electronic Digital Display Message Signs18.44.140 – Signs in Residential Zones18.44.150 – Signs in Commercial, Mixed-Use, and Industrial Zones18.44.160 – Signs in Agricultural Zones18.44.170 – Comprehensive Sign Program18.44.180 – Sign Construction and Maintenance18.44.190 – Removal of Unlawful, Unsafe, and Unauthorized Signs on Public Property18.44.200 – Nonconforming Signs18.44.210 – Revocation of Sign Permits


A. Purpose. The purpose of this Chapter is to promote the health, safety, and welfare of County residents and further to:1. Promote traffic safety and reduce visual obstructions and distractions.2. Protect highways from visual clutter.3. Enhance the appearance of unincorporated areas by regulating the design, character, type, number, size,

location, materials, color, and illumination of signs.4. Protect property values in residential and commercial areas.5. Promote sign compatibility with surrounding structures and land uses in terms of height and bulk without

dominating or obstructing architectural features.

B. Applicability. It is unlawful to post, erect, re-erect, construct, enlarge, alter, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new sign, in the County, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Chapter. Properties located within an area governed by a specific or community plan are subject to regulations of the plan. The provisions of this Chapter shall apply only to the extent the specific or community plan does not regulate a particular sign or provide a standard or regulation and is not in conflict with the provisions of the plan.

C. Maximum Allowed Sign Area. All signs allowed by this Chapter shall be countable toward the maximum allowed sign area unless stated otherwise in this Chapter.

18.44.020 – Effect of Chapter

A. Content Neutrality. It is the County’s policy and intent to regulate both commercial and noncommercial signs from a viewpoint-neutral and content-neutral manner. The message of the sign shall not be reviewed, except to determine the type and category of the sign.

B. Message Substitution. Signs authorized by this Chapter are permitted to display noncommercial messages in lieu of any other commercial or noncommercial messages. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech or favoring of any specific noncommercial message over any other noncommercial message.



A-Frame Sign. A freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable.

Animated Sign. A sign with motion, flashing lights, or color or intensity changes requiring electrical energy or electronic or manufactured sources of supply. Animated signs also include wind-activated elements, such as pennants, spinners, banners, and unofficial flags or other similar specialty items. Animated signs do not include a sign which tells only time and temperature in alternating sequence, or electronic digital displays as defined below. For electronic digital display development standards, see Section 18.44.130 (Electronic Digital Display Message Signs).

Awning, canopy, marquee sign. A nonelectric sign that is printed on, painted on, or attached to an awning, canopy, or marquee and is only permitted on the vertical surface or flap.

Billboard. An off-premise free standing sign.

Building frontage. The facade of a building facing and generally parallel to the street for a single tenant. On a corner parcel, either side may be considered for the building frontage. For a multi-tenant building, not facing a street, building frontage is the facade facing the interior parking lot.

Community Entry Sign. A monument sign identifying a community and located along a well-traveled highway. Said sign shall be made of attractive materials such as decorative masonry.

Directory Sign. A sign for listing the tenants or occupants of a building or center. This sign may be combined with a logo.

Directional Sign. A sign indicating where customers or clients need to be directed by means of arrows.

Eave. The projecting overhang at the lower edge of a roof.

Entry Sign. A monument sign at the entrance of a residential, commercial, or industrial subdivision or complex.

Foot-candle. A unit of illuminance or illumination, equivalent to the illumination produced by a source of one candle at a distance of one foot and equal to one lumen incident per square foot.

Freestanding Sign. A sign which is supported by one or more uprights, braces, poles, or other similar structural components that are not attached to a building or buildings.

Fuel Price Sign. A sign containing prices and grades of fuel for sale at a service station.

Graphics. Decoration of the exterior of a building or site with murals, artwork, or statuary and not containing a commercial message, trademark, or logo-type brand name.


Iconic Sign. A sign that is considered historically significant to the County, determined by set criteria and standards. See Section 18.44.120 (Iconic Signs).

Institutional Use. The premises of a church, school, hospital, rest home, or similar institutional facility.

Logo. A trademark or symbol of any business or organization. A logo may be combined with a directory sign and shall count toward the maximum allowable sign area.

Luminous Tube Signs. A sign that consist of or is illuminated by exposed electrically charged gas-filled tubing (e.g., neon and argon signs), or by fiber optics.

Menu Board. Menus displayed on the exterior premises of a restaurant, visible from the public right-of-way.

Monument Sign. An independent structure supported from grade to the bottom of the sign with the appearance of having a solid base.

Nameplate. A sign indicating the name and/or address of a structure or occupant.

Nonconforming Sign. A sign, outdoor advertising structure, or display that was originally lawfully erected and maintained, but which does not conform to the current standards of this Chapter or is now prohibited. See Section 18.44.200 (Nonconforming Signs).

Obsolete Sign. Sign with no relevant identification or message for a discontinued use, activity, or need as displayed on the sign.

Off-Site Sign. A sign which advertises a business, product, service, or entertainment primarily conducted, sold, or offered other than upon the parcel where the sign is located. Also, cited as off-premise sign.

On-Site Sign. A sign which advertises a business, product, services, or entertainment primarily conducted, sold, or offered on the premises where the sign is located. Also, cited as on-premise sign.

Painted Wall Sign. A sign that is applied with paint or similar substance on the surface of a wall, including fences.

Parapet. The portion of a wall that extends above a roof.

Portable Sign. A sign that is not permanently affixed to a structure or the ground.

Projecting Sign. A sign that projects from and is supported by a wall of a structure.


Real Estate Sign. A sign advertising real property for sale, exchange, lease, or rent, but not including signs advertising transient occupancy (e.g., hotel or motel accommodations).

Roof Sign. A sign erected, constructed, or placed upon or over a roof of a building, including a mansard roof and which is wholly or partially supported by such buildings.

Sign. A structure or visual device or representation designed and used for the purpose of communicating a message or identifying or attracting attention to a parcel, product, service, person, cause, or event.

Sign Area. An area which enclose all words, letters, figures, symbols, designs, and pictures, together with all framing, background material, colored or illuminated areas, and attention-attracting devices forming an integral part of an individual message. A free standing and monument sign shall be measured to the edge of the structural frame excluding support structure. See Figure 3-12.

Sign Height. Sign height is measured from the ground to the uppermost part of sign or sign structure.

Vehicle Sign. A sign which is attached to or painted on a stationary, operable, vehicle which is parked on or adjacent to a property with the principal purpose of attracting attention to a product sold, or activity or business located on such property.

Wall Sign. A sign painted on or fastened to a wall within the basic building form.

Window Sign. Any sign that is applied or attached to a window located in such a manner that it can be seen from the exterior of the structure.

18.44.040 – Sign Permit Required

A Sign Permit is required for all signs, except those specifically exempted in Section 18.44.070 (Exempt Signs), below. Signs that require a Sign Permit shall be subject to approval by the Director or Commission according to the standards specified in Section 18.44.100 (Standards for Signs Requiring a Sign Permit).

18.44.050 – Comprehensive Sign Program – When Required

A Comprehensive Sign Program is required for all new commercial, industrial, and mixed-use developments with five or more tenants and is voluntary for all new commercial, industrial, and mixed-use developments with four or less tenants. If a Comprehensive Sign Program is required for a project, no Sign Permit shall be approved for any sign until the Comprehensive Sign Program has been approved by the Director or Commission as conforming to the requirements of this Chapter.

18.44.060 – Application and Review of Sign Permits

A. Application Submittal. A Sign Permit application shall be submitted to the Department in compliance with all of the provisions of this Section.

B. Applications and Fees. All applications for Sign Permits shall be accompanied by sketches and diagrams of suitable scale and clarity to fully describe the design, dimensions, proposed placement, structural and electrical characteristics, and appearance of the sign(s). In proposing signs, applicants shall give explicit attention to designing and locating signs to ensure harmony with the existing or proposed architecture and landscape design of the property upon which the sign is to be situated. Fees for Sign Permits shall be in compliance with the County Fee Schedule.


C. Expiration. If the work as authorized under the properly approved Sign Permit has not been completed within six months after the date of its issuance, the permit shall become null and void. If after six months from the date of the issuance of a Sign Permit any portion of the sign has been erected and the construction work is not completed, the Director may cause the removal of the partially-completed sign.

18.44.070 – Exempt Signs

A. Exceptions to Sign Permits. The following signs are allowed without a Sign Permit in any zone and shall not be included in the determination of type, area, or number, of signs allowed on each parcel. Exempted signs shall be required to adhere to the regulations established for each sign type as provided in this Section. 1. Signs required by Federal/State law;2. Signs, flags, banners, emblems, or notices issued or endorsed by a constituted governmental body, public

agency, court, person, or officer in performance of a public duty, including traffic or highway signs, railroad crossing signs, or similar regulatory or warning devices and legal notices;

3. Holiday displays and decorations may be up no longer than 60 days and be removed within 10 days following the applicable holiday, but only when not creating a traffic hazard or located within any visual setback area in the sight distance triangle;

4. Temporary signs including those advertising special and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All temporary signs shall be removed within five days following the event;

5. Commemorative plaques, tables, date of construction, and similar signs constructed of permanent material. Only one sign for each structure, not to exceed two square feet in area for each sign;

6. Signs located inside a structure, courtyard, mall, or other similar structure, provided these signs are not conspicuously visible and readable from a public street or adjacent properties not under the same ownership;

7. Murals or other artistic paintings on walls, provided no logos, emblems, or other similar devices, sign copy, or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting;

8. "No Trespassing" signs. Each sign limited to one square foot in area. Signs may be placed at each corner and each entrance to a parcel and at intervals of not less than 50 feet or in compliance with legal requirements;

9. Real estate signs.a. “For Rent,” “For Sale,” and “For Lease” signs shall be posted on the subject parcel that is being advertised

by an authorized agent;b. Real estate signs shall not exceed six square feet for single-family residential and 32 square feet in sign

area for multi-family or non-residential for each side of a double-sided sign;c. There shall be no more than one sign per parcel; and,d. Illuminated real estate signs are prohibited.

10. Signs placed by utilities or other publicly regulated service providers indicating location of underground facilities, danger, and aids to service or safety, including official advisory and signal flags;

11. Copy changes in approved changeable copy signs;12. Signs or notices incidental to a commercial, mixed-use, or industrial establishment (e.g., hours of operation,

credit card information, emergency contact information, help wanted, open-closed) provided the signs do not contain any commercial messages, the establishment logo, and in total do not exceed four square feet in area for all incidental signs; and,

13. Memorial tablets or signs and historic markers.

B. Routine Maintenance. Painting, repainting, or cleaning of a sign shall not be considered erecting or altering a sign. No Sign Permit shall be required unless structural changes are proposed to be made.

C. Building Permit may be required. Under certain circumstances, temporary signs and other exempt signs may require a Building or Electrical Permit, as required by the California Building Code adopted by the County.


18.44.080 – Prohibited Signs

Except as otherwise provided in this Chapter, the following signs shall be prohibited throughout the County:

A. Animated SignsB. Banners, flag, feather, pennants, statuary, streamers, whirligigs, displays, signs placed on architectural projections

and merchandise primarily designed and used for sign purposes located outside of structuresC. BillboardsD. Nonconforming sign structure(s) reconstructed beyond the scope and limitations of Chapter 18.44.200

(Nonconforming Signs) of this TitleE. Obsolete signs with identification, logo, or message displayed 30 days beyond the discontinuance of the activity or

need for the identification, logo, or messageF. No red, green, or amber lights or illuminated signs that could interfere with or be confused with any official traffic

control device or traffic signal or official directional guide signsG. Portable signs (excluding stationary vehicle signs)H. Signs emitting foreign material or soundI. Signs on a natural feature (i.e., rock, tree, mound, hill, or mountain)J. Signs on a roof or above the eavesK. Tethered balloon(s) or other inflatable(s) used to draw attention to a use or event

18.44.090 – Temporary Signs

A. Sign Permit Required. A Sign Permit shall be required for all temporary signs and is subject to Director review and approval.

B. Allowed Sign Area. Temporary sign areas are not counted under the maximum allowed sign area.C. Temporary On-site Signs. The following signs may be allowed as on-site temporary signs in all zones on a

temporary basis:1. On-site Subdivision Signs.

a. Sign Permits for on-site subdivision signs may be issued at any time after recordation of the final subdivision map and shall be removed following the sale of the final home. All signs, ornamental flags, and streamers shall then be removed upon expiration of the Sign Permit, unless renewal of the permit for a period of not more than one additional 12-month period is approved by the Director; and,

b. On-site subdivision signs shall be maintained and not adversely affect the use and appearance of existing structures or landscaping and shall not create hazardous traffic conditions. On-site subdivision signs are subject to the following standards:(1) The construction of any sign shall be in strict compliance with the provisions of this Chapter and all

other laws of the County.(2) All signs shall be removed from the property prior to the sale of the final parcel.(3) All signs shall be located on the subdivision site which they advertise.(4) Signs shall not exceed 10 feet in height.(5) No sign shall exceed 32 square feet in area.(6) Identification signs containing the subdivision name are allowed, provided there is no more than one

sign for every five parcels with a maximum of four signs. Signs shall not exceed six square feet in area.(7) If the on-site subdivision sign is within the sight distance triangle of any driveway or intersection, it shall

not exceed two feet, six inches in height.(8) Signs are allowed on parcels with a model home, provided they do not exceed four in number and six

square feet each in area. Signs shall be removed immediately after the sale of the final parcel or home.


(9) Ornamental flags or streamers, as determined by the Director, may be erected at each entrance to the subdivision or on the subdivision boundaries adjacent to public streets. The height of the poles or other support structures for ornamental flags or streamers shall not exceed 10 feet in height.

(10Illuminated signs are prohibited.

2. Construction Project Signs.

a. A Sign Permit shall be required for any temporary construction project sign. The permit may be issued at any time on or after issuance of a building permit for the structure in question. The sign permit shall expire six months following the date on which the permit was issued or upon the completion of construction, whichever occurs sooner. The sign shall be removed on expiration of the permit unless, prior to expiration, the permit is renewed on approval of the Director. The permit renewal shall not be for a period greater than six months. The permit may not be further renewed.

b. No more than one sign having an area not exceeding 16 square feet shall be permitted on the construction project site. Temporary construction signs are not allowed for residential subdivisions where temporary subdivision signs are allowed.

3. Holiday Decorations or Special Event Signs. Holiday decorations or special event signs or banners directly related to the holiday or special event during the holiday period or special event are permitted, as approved by the Director. All decorations and signs shall be removed no later than 10 days following the holiday or event.

4. Grand Opening Banner. One temporary on-site grand opening banner for a period not to exceed two weeks after the opening day of the newly established business. The grand opening banner shall not exceed 32 square feet in area and no higher than first story.

D. Temporary Off-site Signs. The following temporary off-site signs shall be allowed in all zones on a temporary basis:1. Off-site Subdivision Signs.

a. A permit for off-site subdivision signs may be issued, with approval by the Director, at any time after recordation of the final subdivision map and shall be for a term not exceeding 12 months. All signs shall then be removed upon expiration of the permit, unless renewal of the permit for a period of not more than one additional 12-month period is approved by the Director.

b. Off-site subdivision signs shall be maintained and not adversely affect the use or appearance of existing structures or landscaping and shall not create hazardous traffic conditions. Off-site subdivision signs shall be subject to the following standards:(1) Subdivisions are permitted only two off-site subdivision signs.(2) Signs shall not exceed 32 square feet each in area.(3) All signs shall be removed from the property prior to the sale of the final parcel.(4) Signs shall be set back a minimum of eight feet from the front property line.(5) Signs within the sight distance triangle of any driveway or intersection shall not exceed two feet, six

inches in height.(6) Illuminated signs are prohibited.

2. Open House Signs. Temporary off-site open house signs are allowed for a period of 48 hours, provided the sign is limited to a double-faced sign not more than two by three feet in size. Open house signs shall not be placed in the public right-of-way.

3. Political Signs. Temporary off-site political signs are allowed in any zone subject to the following limitations:

a. Signs shall be in compliance with County campaign handout materials.b. Signs shall be removed in compliance with County campaign handout materials.c. Signs shall have a maximum of eight square feet of sign area in residential zones and a maximum of 32

square feet of sign area in all non-residential zones.


d. Signs are prohibited within a street intersection, sight distance triangle, or at a location where the sign may interfere with, obstruct the view of, or be confused with an authorized traffic sign.

e. Signs shall not be nailed or affixed to trees, fences, or public utility poles and shall not be located in the public right-of-way, parkway, or on publicly-owned land.

18.44.100 – Standards for Signs Requiring a Sign Permit

A. Signs and advertising structures. Signs and advertising structures are permitted and shall be maintained in the zones where the sign is allowed after having secured approval of the location, number, size, and design of the sign or advertising structure subject to the conditions in each zone.

B. Quality of materials and workmanship. All signs shall be constructed in a workmanship manner of durable materials intended to provide long life, ease of maintenance, high-quality appearance, and clearly legible information for the sign user and public. The Director and/or the Commission shall retain the right to require that a licensed sign contractor(s) design, build, and/or erect the sign if the value, location, and/or visual impact of the sign warrants this requirement.

C. Sign Area Calculations.

1. Allowable Sign Square Footage. All signs are measured based on the structure linear frontage to determine the maximum allowable sign square footage, unless noted otherwise in Section 18.44.110 (Standards for Specific Sign Types).

2. Sign Area Calculations. Sign calculation is based on every linear foot of structure frontage, to a specified amount of sign square footage. For example, if a structure has 100 feet of linear frontage, and one foot of sign area is allowed for every foot of linear frontage the maximum allowable sign square footage would be 100 square feet.

3. Sign Area Measurement. The surface area of a sign shall be calculated by enclosing the extreme limits of framing, emblem, logo, representation, letters applied to the structure without a distinctive background (e.g., channel letter), or other display with a single continuous perimeter composed of the smallest square, circle, rectangle, triangle, or combination thereof. See Figure 3-12 (Sign Area Measurement).

D. Residential Uses. Table 3-13 (Sign Standards for Residential Uses) provides regulations for permanent signs for residential uses. In the case of inconsistency between regulations provided in the table and regulations provided for specific sign types, the regulations for specific sign types shall take precedence (Section 18.44.110 Standards for Specific Types of Signs Types).


Figure 3-12Sign Area Measurement

Table 3-13Sign Standards for Residential Uses

Allowed Sign Types Maximum Number Maximum Sign Area

MaximumSign Height Notes

Name Plate (Wall Sign) 1 per single-family use 2 sq ft Below eave of roof or parapet 18.44.110 (L)

Wall or Freestanding Sign 1 per subdivision or multi-family use with five to 19 units 12 sq ft

Wall signs shall be below the eave of the roof or

parapet.

Freestanding sign: 6 ft

18.44.110 (E)18.44.110 (L)

Cabinet signs are prohibited

Wall or Freestanding Sign

2 per primary entrance of a subdivision or multi-family complex with 20 or more

units.

40 sq ft 6 ft

18.44.110 (E)18.44.110 (L)

Cabinet signs are prohibited

E. Agricultural, Commercial, Mixed-Use, and Industrial Uses. Table 3-14 (Sign Standards for Commercial, Mixed-Use, and Industrial Uses) provides regulations for permanent signs for agricultural, commercial, mixed-use, and industrial zones. In the case of inconsistency between regulations provided in the table and regulations provided for specific sign types, the regulations for specific sign types shall take precedence.


Table 3-14Sign Standards for Agricultural, Commercial, Mixed-Use, and Industrial Uses

Allowed Sign Types Maximum Number Maximum Sign Area Maximum

Sign Height Notes

Freestanding Signs

Sites with up to 150 linear feet of street

frontage1 per primary street frontage

1 square foot for each linear foot of primary building

frontage

Monument Signs 6 ft

Pole Signs – 20 ft

18.44.110 (E)May be used in

combination with allowed structure

signs.

1 per primary street frontage1 square foot for each linear

foot of primary building frontage

Sites with over 150 linear feet of street

frontage1 per secondary street frontage Max 50 percent of area of

primary sign

Monument Signs 6 ft

Pole Signs – 20 ft

18.44.110 (E)May be used in

combination with allowed structure

signs.Structure Signs

Canopy Two per canopy if both are not visible at the same time. N/A

Minimum of one foot below the top of the parapet; the sill of a

second-floor window; or the lowest point of any cornice or roof

overhang, whichever is applicable.

18.44.110 (A)

May be used in combination with allowed structure

signs.

Primary FrontageOne sign per awning

Awning/Canopy Two per canopy if both are not visible at the same time.

N/A




18.44.110 (A)


signs.

Marquee One marquee sign per establishment 50 sq ft N/A

18.44.110 (J)


signs.

One painted sign per primary frontage

32 sq ft; or one square foot per linear foot of structure

frontage, whichever is greater, up to a maximum

sign area of 100 sq ft

Painted SignsOne accessory painted sign per

establishment for a structure with a gross leasable area of

over 10,000 sq ft

Area of all accessory painted signs not to exceed area of

primary painted signs

18.44.110 (H)


signs.

Total area of all primary and

accessory wall signs not to exceed 100 sq

ft

Projecting Signs One projecting sign per establishment 4 sq ft

18.44.110 (K)


signs.Wall Signs One wall sign per primary 32 sq ft; or one square foot Total area of all 18.44.110 (L)




Sign Height Notes

frontage per lineal foot of structure frontage, whichever is

greater, up to a maximum sign area of 150 sq ft

One accessory wall sign per establishment for a structure with a gross leasable area of

over 10,000 sq ft

Area of all accessory wall signs not to exceed area of

primary wall signs

primary and accessory wall signs not to exceed 150 sq ft


signs.



ftSecondary Frontage

One sign per awning

Awning/Canopy Signs Two per canopy if both are not

visible at the same time.N/A




18.44.110 (A)

One additional painted sign per establishment

with a gross leasable area of 10,000 sq feet or greater with a

public side street



sign are of 100 sq ftPainted SignsOne painted sign per secondary frontage for structures with less

than 10,00 sq ft of gross leasable area

50 percent of sign area allowed for primary frontage total for any combination of

structure signs.

18.44.110 (H)



ft

Projecting Signs One projecting sign per establishment 4 sq ft 18.44.110 (K)

One additional wall sign per establishment

with a gross leasable area of 10,000 sq feet or greater with a

public side street



sign area of 150 sq ftWall SignsOne wall sign per secondary

frontage for structures with less than 10,00 sq ft of gross

leasable area

50 percent of sign area allowed for primary frontage total for any combination of

structure signs.

18.44.110 (L)



ft

Other SignsCommunity Entry

Signs See Section 18.44.110 (B) (Standards for Specific Sign Types: Community Entry Signs)

Directional and Directory Signs See Section 18.44.110 (C) (Standards for Specific Sign Types: Directional and Directory Signs)

Electronic Digital Display Message

SignsSee Section 18.44.130 (Electronic Digital Display Message Signs)

Freeway-Oriented Signs See Section 18.44.110 (F) (Standards for Specific Sign Types: Freeway-Oriented Signs)

Iconic Signs See Section 18.44.120 (Iconic Signs)Luminous Tube

Signs (neon) See Section 18.44.110 (G) (Standards for Specific Sign Types: Luminous Tube Signs (neon))

Price and Menu See Section 18.44.110 (I) (Standards for Specific Sign Types: Price and Menu Boards)




Sign Height Notes

BoardsTemporary Signs See Section 18.44.090 (Temporary Signs)

Window Signs See Section 18.44.110 (M) (Standards for Specific Sign Types: Window Signs)

F. Location Restrictions.1. All signs shall meet the setback requirements of the zone in which the subject parcel is located, unless

otherwise noted in Section 18.44.140 (Signs in Residential Zones), Section 18.44.150 (Signs in Commercial, Mixed-Use, Industrial, and Institutional Zones), and Section 18.44.160 (Signs in Agricultural Zones), or approved by the Director or Commission.

2. Signs shall not extend over a public right-of-way.

G. Lighting, Sound and Movement. 1. Lights used to illuminate signs shall be installed so as to concentrate the illumination on the sign and to minimize

glare upon a public street or abutting property. Unless otherwise noted, all sign acrylic panels shall be opaque, to only allow the text or logo to shine through, minimizing nighttime light pollution.

2. Illuminated signs shall require the approval of a Building Permit.

H. Sign Modifications. The Director may grant modifications up to 15 percent of the requirements of this Chapter. See Section 18.126.020 (Variances and Minor Deviations: Minor Deviations).

18.44.110 – Standards for Specific Sign Types

A. Awning and Canopy Signs. The following standards shall apply to all signs placed on an awning or canopy attached to a structure. See Figure 3-13 (Awning and Canopy Sign).1. Lettering, logos, symbols, and graphics are allowed on up to 50 percent of the area of a shed (slope) portion of

the awning and valance portion of the awning. Signs shall be applied flat against the awning surface. In the case of a barrel shaped (curved) awning, signs shall not occupy more than 60 percent of the bottom 12 inches of the awning.

2. Only permanent signs that are an integral part of the awning are allowed. Temporary signs shall not be placed on awnings or canopies.

3. Awning signs are allowed for first- and second-story commercial and mixed-use occupancies only. No awning signs shall be allowed above the second floor.

4. Awnings shall conform to the size and shape of the window or door they are located above. Overly large awnings and awnings with unusual shapes designed for the purpose of providing additional sign area are not allowed. The uppermost part of an awning shall not be located more than one foot above a window or door.

5. A minimum of eight feet of clearance shall be provided between the lowest part of an awning or canopy and the grade below.

6. External illumination with a hooded floodlight is permitted.7. Awnings and canopies shall not be lighted from under the awning/canopy (back-lit awning) so that the

awning/canopy appears internally illuminated.


Figure 3-13Awning and Canopy Sign

B. Community Entry Signs.1. Community entry signs shall not exceed 75 square feet of sign area (37.5 square feet for each side of a double-

sided sign). See Figure 3-14 (Community Entry Sign).2. Community entry signs shall not exceed a height of six feet.3. A minimum of 50 percent of the sign area shall be devoted to community identification.4. Up to 30 percent of the sign area may be devoted to individual business or organization logos.5. External illumination is permitted.


Figure 3-14Community Entry Sign

C. Directional and Directory Signs.1. Directional Signs. See Figure 3-15 (Directional Sign).

a. Directional signs shall not be counted against allowable sign area, unless the signs include a business logo. If a business logo is a component of a directional sign, then the area of the sign devoted to the logo will be counted toward the allowable sign square footage.

b. If the directional sign is located within the sight distance triangle of any driveway or intersection, it shall not exceed two feet, six inches in height.

c. Directional signs shall not exceed six square feet of sign area.d. Illumination is prohibited.

Figure 3-15Directional Sign

2. Directory Signs. See Figure 3-16 (Directory Sign).a. Directory signs shall not be counted in the allowable sign area based on frontage, unless the

establishment's logo is used. If a logo is a component of a directory sign, then the square footage of the portion of the sign that is advertising the specific establishment will be counted toward the total allowable square footage of sign area.

b. Directory signs shall not exceed 16 square feet of sign area.c. Directory signs shall not exceed five feet in height.


d. If the directory sign is located within the sight distance triangle of any driveway or intersection, it shall not exceed two feet, six inches in height.

e. Directory signs shall be placed in a landscaped bed and shall have a minimum of two square feet of landscaping for every square foot of sign area measured at the base of the sign.

f. External or internal illumination is permitted. External illumination by downward lighting is prohibited.

Figure 3-16Directory Sign

D. Electronic Digital Display Message Signs. See Section 18.44.130 (Electronic Digital Display Message Signs) for development standards and permit requirements.

E. Freestanding Monument Sign. See Figure 3-17 (Freestanding Monument Sign).

1. A freestanding monument sign is allowed by the provisions of this Chapter or an applicable specific or community plan, provided the monument sign complies with the provisions of this Chapter.

2. Freestanding monument signs may not exceed 100 square feet of sign area per individual sign (a double-sided freestanding monument sign would equal 50 square feet per sign face ).

3. Freestanding monument signs shall not exceed a height of six feet, as measured from natural grade.4. If the freestanding monument sign is within the sight distance triangle of any driveway or intersection, it shall not

exceed two feet, six inches in height, as measured from natural grade.5. To ensure readability, the minimum letter size allowed on all freestanding monument signs shall be six inches.

Sign copy shall not be located closer than one half-letter height to the sign edge or other line of copy.6. Freestanding monument signs shall not block the view of another freestanding sign from a distance of 200 feet

in either direction of the frontages.7. External illumination with a hooded floodlight is permitted.8. Freestanding monument signs shall be placed in a landscaped bed and shall have a minimum of two square feet

of landscaping for every square foot of sign area measured at the base of the sign.


Figure 3-17Freestanding Monument Sign

F. Freeway-Oriented Signs. See Figure 3-18 (Freeway Oriented Sign).1. Freeway-oriented signs shall be located on the same parcel to which the structure or use is being

advertised.2. Freeway-oriented signs shall not exceed 60 feet in height.3. Freeway-oriented signs may only be located on parcels located no more than 500 feet from the outside

edge of a freeway right-of-way.4. Freeway-oriented signs shall not be placed within 750 feet of another freeway-oriented sign.5. Freeway-oriented signs shall not exceed 200 square feet in sign area.6. The height of a freeway-oriented sign may be measured from the center line of an overpass if the sign is

within 500 feet of the overpass.7. Freeway-oriented signs shall require the approval of a Conditional Use Permit in compliance with Chapter

18.116 (Conditional Use Permits).8. External illumination is prohibited.


Figure 3-18Freeway-Oriented Sign

G. Luminous Tube Signs (neon). See Figure 3-19 (Luminous Tube Sign).

1. Tubing shall not exceed one-half inch in diameter.2. Luminous tube lighting adjacent to residential uses shall not exceed one half foot-candle measured at the

property line where the sign is located.3. No electric or luminous signs containing red or green colors shall be erected within 150 feet of an intersection

containing traffic lights.4. Luminous tubes shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly glazed

tiles, or other similar materials).5. Luminous tube lighting shall not be used to surround a window, door, or similar element except as part of an

allowed sign.


Figure 3-19Luminous Tube Sign

H. Painted Signs. See Figure 3-20 (Painted Sign).1. Painted signs shall not exceed 100 square feet per individual sign. The signs shall count toward the maximum

allowable sign area.2. Painted signs shall be centered on structures unless otherwise determined by the Director due to existing

architectural features of the structure.3. If a structure is located on a corner parcel with two street frontages, both frontages may be used when

calculating allowable sign area.4. To ensure readability, the minimum sign letter size shall be six inches.5. External illumination with a hooded floodlight is permitted.


Figure 3-20Painted Sign

I. Price and Menu Boards.1. Menu Boards (Excluding Drive-thru menu boards). See Figure 3-21 (Menu Board Sign).

a. Menu boards are not counted against the maximum allowable sign area.b. Menu boards shall not exceed six square feet of sign area.c. Menu boards shall be located at the front entrance to the establishment and mounted flat against the wall.d. Internal or external illumination is permitted.

Figure 3-21Menu Board Sign

2. Drive-thru Menu Boards. See Figure 3-22 (Drive-thru menu Board).a. Drive-thru menu and price boards are not counted against the maximum allowable sign area.b. Menu boards shall not exceed 50 square feet of sign area.


c. No more than two menu boards are permitted per establishment.d. Drive-thru Menu boards shall be located along the drive-thru lane a minimum of eight feet from the entrance

of the lane.e. External illumination is prohibited.f. Drive-thru menu boards shall be placed within a landscaped bed and shall have two square feet of

landscaping for every square foot of sign area measured at the base of the menu board.

Figure 3-22Drive-thru Menu Board Sign

3. Service Station Gas Price Sign. See Figure 3-23 (Service Station Gas Price Sign).a. Service station gas price sign shall not exceed 25 square feet of sign area for each side of a double-sided

sign.b. A service station gas price sign is not allowed to be located within the sight distance triangle of any

driveway or intersection.c. No more than two service station gas price signs are permitted per service station.d. External illumination is prohibited.e. LED prices figures are permitted.


Figure 3-23Service Station Gas Price Sign

J. Marquee Signs. See Figure 3-24 (Marquee Sign).

1. Marquee signs may not exceed 50 square feet per individual sign. The signs shall count toward the maximum allowable sign area.

2. Signs may be placed on the outer faces of the marquee if they are part of the marquee.a. To ensure readability, the minimum letter size allowed shall be six inches. Sign copy shall not be located

closer than one half-letter height to the sign edge or other line of copy.b. No sign shall be hung from the underside of a marquee unless it meets the minimum height limitations

applicable to the marquee which is an 8-foot clearance measured from the sidewalk. No signs shall be placed on the roof of a marquee.

c. All wall or projecting signs placed above a marquee shall comply with the requirements for the signs as if no marquee existed.

d. External illumination with a hooded floodlight is permitted.


Figure 3-24Marquee Sign

K. Projecting Signs. See Figure 3-25 (Projecting Sign).

1. Projecting signs shall not exceed the height of the structure to which it is attached.2. Projecting signs are not counted against the maximum allowable sign area.3. No more than one projecting sign is permitted per establishment.4. Projecting signs shall not project more than five feet from the supporting wall.5. Projecting signs shall not exceed four square feet of sign area.6. Projecting signs shall be centered above the front entrance to the establishment, unless otherwise determined

by the Director due to existing architectural features of the structure.7. Projecting signs shall be no less than eight feet from grade or any underlying walkway or thoroughfare.8. Projecting signs shall not be internally illuminated but may be floodlighted.


Figure 3-25Projecting Sign

L. Wall Signs. See Figure 3-26 (Wall Sign).1. If a structure is situated on a corner parcel with two street frontages, both frontages may to be used when

calculating sign area.2. Wall signs shall be attached flat against a structure and parallel to the face of the structure wall.3. Wall signs shall not project more than 18 inches from the wall and shall not project above the roof line or extend

over a public sidewalk or right-of-way.4. Wall signs shall be centered on the structure, unless otherwise determined by the Director due to existing

architectural features of the structure.5. To ensure readability, the minimum letter size allowed shall be six inches. Sign copy shall not be located closer

than one half-letter height to the sign edge or other line of copy.6. Wall signs shall be designed and installed using only individualized channel lettering mounted on a raceway.

Wall signs may be internally illuminated.7. Cabinet signs are prohibited, with the exception of logos, which may be comprised of a cabinet sign and shall

count toward the maximum allowable sign area.


Figure 3-26Wall Sign

M. Window Signs (permanent and temporary). See Figure 3-27 (Window Sign).1. Window signs shall be allowed only on windows located on the ground floor and second story of a structure.

Window signs are not allowed above the second story.2. Window signs shall not count toward the maximum allowable sign area.3. The placement of window signs shall allow for the bottom 24” of each window to be left clear for the

unobstructed observation by safety personnel (e.g., County Sheriff, private security, etc.).4. Interior signs located within five feet of a window shall be counted as window signs for calculating total sign area

and number of signs.5. Window signs shall not cover more than 25 percent of each individual window on either a primary or secondary

building frontage. A window is considered to be any glazed area, including glass curtain walls.6. Window advertisements using specialized window chalk and/or window markers are prohibited.7. Illumination of window signs is prohibited.


Figure 3-27Window Sign


18.44.120 – Iconic Signs

A. Applicability.1. Approved iconic signs shall be an allowed nonconforming sign and any alterations would be approved through a

Sign Permit.2. This Section applies to legally-established existing signs in the County that can be characterized as follows,

determined by the Director:

B. Sign requirements. Iconic signs shall meet all of the sign requirements:1. The sign uses materials and technology representative of its period of construction.2. The sign is structurally safe or can be made safe without substantially altering its historical appearance.

C. Iconic Sign Criteria. Iconic signs shall meet all of the following criteria:1. The sign exemplifies the cultural, economic, and historic heritage of the County.2. The sign is unique; the sign has obsolete sign copy that is originally associated with a business only found in the

County, Central Valley, or the State; or there is historical documentation to support its preservation.3. The sign retains a majority of its character-defining features. If the character-defining features have been altered

or removed, the majority are potentially restorable to their historic function and appearance.4. The sign is at least 50 years old.

18.44.130 – Electronic Digital Display Message Signs

A. Applicability. This Section applies to all electronic digital display message signs and is intended to implement and be in compliance with the California Outdoor Advertising Act of 2014, California Business and Professions Code as related to outdoor advertising displays, and Section 131 of Title 23 of the United States Code, including any amendments thereto as may be adopted from time to time.

B. Permit requirements. No electronic digital display message sign shall be erected or maintained until a Conditional Use Permit has first been approved in compliance with Chapter 18.116 (Conditional Use Permits) and any other applicable Federal and State statutes including the California Department of Transportation, Outdoor Advertising Permit Requirements.

C. Conditions of approval. Approval of a Conditional Use Permit to allow an electronic digital display message sign shall consider/include language addressing all of the following:1. Fees and/or other public benefits to be conveyed to the County. The County’s intent and objective in requiring

the payment of fees is to compensate for the aesthetic impact on the community associated with the presence of off-site signs.

2. Any allowed deviations from the development standards established in Subsection E (Development Standards), below.

3. The amount of time each day dedicated to public service announcements that will be displayed, at no cost to the County.

4. Terms requiring periodic review to ensure compliance with the development standards and conditions of approval.

D. Required findings. Approval of a Conditional Use Permit to allow an electronic digital display message sign shall be based on all the following findings and any additional findings as may be required by the Department or the Commission:1. The proposed electronic digital display message sign is to be located in an appropriate area as defined by

Subsection E (Development standards), below;2. The proposed electronic digital display message sign is placed in the least visually impacting manner;


3. The Conditional Use Permit contains appropriate language addressing revenue and/or other public benefits for the County;

4. The proposed electronic digital display message sign complies with all of the applicable operational standards specified in Subsection F, below, unless modified by the Commission, as well as all applicable Federal and State laws;

5. The placement of the proposed electronic digital display message sign will not adversely affect residential use of property; and,

6. The placement of the proposed electronic digital display message sign will not pose a traffic hazard.

E. Development Standards.1. Sign face dimensions. The electronic digital display message sign display area shall not exceed 1,200 square

feet, including border and trim, and excluding base or apron supports and other structural members. The overall length shall not exceed 60 feet.

2. Height. Unless modified by the terms of the Conditional Use Permit, the maximum overall height of an electronic digital display message sign shall not exceed 25 feet, measured from the finished grade at the structure base to the top of the message sign structure.

3. Separation. No electronic digital display message sign shall be located closer than 1,500 linear feet of another electronic display message sign, as measured from the centerline of each support structure.

4. Support structure. All proposed electronic digital display message signs shall be designed to have a single cylindrical column support.

5. Cutouts and attachments. No cutouts or attachments shall be allowed, unless allowed in compliance with the conditions of the Conditional Use Permit.

6. Double-faced signs. Double-faced electronic digital display message signs shall be located on the same cylindrical column structure and shall be positioned back-to-back. At no point shall the distance between the two sign faces exceed eight feet.

7. Mechanical screening. Each sign structure shall include a facing of proper dimensions to conceal back bracing, framework, and structural members and/or any electrical equipment.

8. Owner identification. An owner identification sign shall be provided on all electronic digital display message signs. The area of the owner identification sign shall not be counted towards the maximum allowable sign face dimensions.

9. Undergrounding of utilities. All utilities installed in connection with the electronic digital display message sign shall be underground.

F. Operational standards.1. Brightness. Light produced by an electronic/digital message sign shall not exceed a maximum illumination of

5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face.

2. Dimmer control. Signs shall have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one-half hour after sunrise.

3. Brightness review. Each electronic display message sign shall be subject to a 30-day review period during which time the Director may determine that a reduction in illumination or turning off of the sign for certain evening hours, is necessary due to negative impacts on surrounding property or the community in general. The Director’s determination shall be made without regard to the message content of the sign.

4. Change of message. Messages displayed on an electronic digital display message sign shall be a static display without change for a minimum duration eight seconds except for those messages where the hour-and-minute, date, or temperature/weather information is updated. Messages shall be complete within each message/display and without continuation in content to the next message or to any other sign. The message/display shall change instantaneously without any fading in/out, scrolling, dissolve, or similar animation.


5. No animation. Any form of moving, animated, oscillating, or rotating images, or any other design intended to attract attention through movement or the semblance of movement on any part of the sign is prohibited at all times.

6. Maintenance. Signs shall be properly maintained in good working order at all times. Signs shall be designed and equipped to freeze the changeable message in one position or to go dark if a malfunction occurs. The sign owner shall immediately stop the electronic/digital display when notified by the County that it is malfunctioning or not complying with regulations of this Section.

7. Nonconforming sign structure. An existing sign or sign structure that is nonconforming as to location, size, height, or other regulation shall not be changed to a new electronic display message sign until all nonconformities have been eliminated.

8. Public service announcements. All electronic display message signs shall be required to provide for public service announcements, including Amber Alerts, and other community service announcements in compliance with the terms of the Conditional Use Permit.

18.44.140 – Signs in Residential Zones

A. Applicability. Only signs meeting the following standards will be permitted in residential zones, provided that all other applicable provisions of this Chapter are complied with.

B. Development Standards.1. Signs shall be located and erected only upon the premises occupied by the person or business to be identified

or advertised by the signs.2. The location of all signs shall comply with the building, electrical, and fire prevention codes of the County as

amended.3. Signs shall be in compliance with Section 18.44.110 (Standards for Specific Sign Types), Table 3-13 (Sign

Standards for Residential Uses), Table 3-14 (Sign Standards for Agricultural, Commercial, Mixed-Use, and Industrial Uses)

C. Table 3-15 Allowed Residential Sign Types and Permit Requirements.

Residential ZonesAllowed Sign Types

Table 3-15Residential Zones Allowed Sign Types and

Permit Requirements

E

SP

A

CUP

-

Exempt

Allowed by Sign Permit

Administrative Permit (Chapter 18.114)

Conditional Use Permit (Chapter 18.116)

Not allowed

Sign Type(see 18.44.030 for sign

definitions)R-R R-1 R-1-5000 R-2 R-3 R-4 M-H Additional

Regulations

Agricultural - - - - - - -Audio Signs - - - - - - -Awning/Canopy - - - - - - -Banners - - - - - - -Billboards - - - - - - -

Community Entry Sign A A A A A A A 18.44.140 (D)18.44.140 (E)

Comprehensive Sign Program - - - - - - -

Directory Sign - - - - SP SP SP


Residential ZonesAllowed Sign Types

Table 3-15Residential Zones Allowed Sign Types and

Permit Requirements

E

SP

A

CUP

-

Exempt




Not allowed

Sign Type(see 18.44.030 for sign

definitions)R-R R-1 R-1-5000 R-2 R-3 R-4 M-H Additional

Regulations

Directional Sign - - - - SP SP SPElectronic Digital Display Message Sign - - - - - - -

Flag E E E E E E E 18.44.140 (D)18.44.140 (E)

Freestanding Monument (Entry) SP SP SP SP SP SP SP

18.44.100 (D)18.44.140 (D)18.44.140 (E)

Freestanding Pole - - - - - - -Freeway-Oriented Sign - - - - - - -Historic/Memorial Markers and Tablets E E E E E E E

Luminous Tube Sign (neon) - - - - - - -Marquee - - - - - - -Name Plate SP SP SP SP SP SP SP 18.44.100 (D)Name Plate (house number) E E E E E E E

Painted - - - - - - -Political E E E E E E EPrice/Menu Boards (Drive-thru) - - - - - - -

Price/Menu Boards (Walk-in) - - - - - - -

Projecting - - - - - - -Real Estate Sign E E E E E E ERoof Signs - - - - - - -Service Station Price Signs - - - - - - -Subdivision Sign SP SP SP SP SP SP - 18.44.140 (E)Temporary SP SP SP SP SP SP SP 18.44.090Time/Temperature Sign - - - - - - -Vehicle Sign (stationary) - - - - - - -Wall - - - - - - -Window - - - - - - -

D. General Residential Sign Regulations. Signs shall be placed a minimum of five feet from a front property line and in compliance with the sight distance triangle.

E. Specific Residential Zone Sign Regulations.


1. Community Entry Sign. Signs exceeding the allowable sign area shall require the approval of a Conditional Use Permit.

2. Flag Poles. A flag pole shall not exceed 30 feet in height. The flag shall be no larger than five feet by eight feet in size.

3. Freestanding Monument Signs.a. Adjacent Uses One freestanding monument sign for each single tenant, parcel, or multi-tenant complex for

institutional uses in residential zones.b. Subdivision Entry Sign. One freestanding monument sign for each subdivision.c. Multi-family Complex Entry Sign. One freestanding monument sign for each multi-family complex

containing five to 19 units. Two freestanding signs are permitted for multi-family complexes containing more than 20 units.

18.44.150 – Signs in Commercial, Mixed-Use, and Industrial Zones

A. Applicability. Only signs meeting the following standards will be permitted in commercial, mixed-use, and industrial zones, provided that all other applicable provisions of this Chapter are complied with.

B. Development Standards.

1. Signs shall be located and erected only upon the premises occupied by the person or business to be identified or advertised by the signs. The location of all signs shall comply with the building, electrical, and fire prevention codes of the County as amended.

2. Signs shall be in compliance with Section 18.44.110 (Standards for Specific Sign Types), Table 3-13 (Sign Standards for Residential Uses), Table 3-14 (Sign Standards for Agricultural, Commercial, Mixed-Use, and Industrial Uses)

C. Table 3-16 Allowed Commercial, Mixed-Use, and Industrial Sign Types and Permit Requirements.

Commercial, Mixed-Use, and Industrial ZonesAllowed Sign Types

Table 3-16Commercial, Mixed-Use, and Industrial Zone Allowed Sign Types and Permit

Requirements

E

SP

A

CUP

-

Exempt




Not allowed

Sign Type(see 18.44.030 for sign definitions)

C-P C-1 C-2 C-3 H-I-C MU B-P M-1 M-2 Additional

Regulations

Agricultural - - - - - - - SP SPAudio Signs - - - - - - - - -Awning/Canopy SP SP SP SP SP SP SP SP SPBanners - - - - - - - - -Billboards - - - - - - - - -

Community Entry Sign A A A A A A A A A 18.44.150 (D)18.44.150 (E)

Comprehensive Sign Program

A/ CUP A/ CUP A/ CUP A/ CUP A/ CUP A/

CUP A/ CUP A/ CUP A/ CUP

Directory Sign SP SP SP SP SP SP SP SP SPDirectional Sign SP SP SP SP SP SP SP SP SP


Commercial, Mixed-Use, and Industrial ZonesAllowed Sign Types

Table 3-16Commercial, Mixed-Use, and Industrial Zone Allowed Sign Types and Permit

Requirements

E

SP

A

CUP

-

Exempt




Not allowed


C-P C-1 C-2 C-3 H-I-C MU B-P M-1 M-2 Additional

Regulations

Electronic Digital Display Message Sign - - CUP CUP CUP - - - - 18.44.130

Flag E E E E E E E E E 18.44.150( D)18.44.150 (E)

Freestanding Monument SP SP SP SP SP SP SP SP SP 18.44.150 (D)18.44.150 (E)

Freestanding Pole - SP SP SP SP - SP SP SP 18.44.150 (D)18.44.150 (E)

Freeway-Oriented Sign - - CUP CUP CUP - - CUP CUPHistoric/Memorial Markers and Tablets E E E E E E E E E

Iconic Sign SP SP SP SP SP SP SP SP SP 18.44.120Luminous Tube Sign (neon) - SP SP SP SP SP - - -

Marquee SP SP SP SP SP SP SP SP SPName Plate SP SP SP SP SP SP SP SP SPName Plate (address) E E E E E E E E EPainted SP SP SP SP SP SP SP SP SPPolitical E E E E E E E E EPrice/Menu Boards (Drive-thru) - SP SP SP SP - - - -

Price/Menu Boards (Walk-in) E E E E E E E E E

Projecting - SP SP - - - - - -Real Estate Sign E E E E E E E E ERoof Signs - - - - - - - - -Service Station Price Signs - SP SP SP SP - - - -

Subdivision Sign SP SP SP SP - - - - -Temporary SP SP SP SP SP SP SP SP SP 18.44.090Time/Temperature Sign - SP SP SP SP - SP SP SPWall SP SP SP SP SP SP SP SP SPWindow SP SP SP SP SP SP SP SP SP

D. General Commercial, Mixed-Use, and Industrial Sign Regulations. Sign shall be placed a minimum of five feet from the front property line.

E. Specific Commercial, Mixed-Use, and Industrial Zones Sign Regulations.


1. Community Entry Sign. Signs that exceed the allowable sign area shall require the approval of a Conditional Use Permit.

2. Flag Poles. Flag poles shall not exceed 30 feet in height. The flag shall be no larger than five feet by eight feet in size.

3. Freestanding Pole Signs. One freestanding pole sign for each single tenant, parcel, or multi-tenant complex, except in the C-P zone.

4. Freestanding Monument Sign. Freestanding monument signs shall provide landscaping at the sign base, with a minimum of two square feet per square foot of sign, except in the C-P zone.

5. Freeway-Oriented Sign. Freeway-oriented signs shall meet the setback requirements of the zone in which they are located. Conditions of approval may increase the required setbacks from the freeway.

18.44.160 – Signs in Agricultural Zones

A. Applicability. Only signs meeting the following standards will be permitted in agricultural zones, provided that all other applicable provisions of this Chapter are complied with.

B. Development Standards. 1. Signs shall be located and erected only upon the premises occupied by the person or business to be identified

or advertised by the signs. The location of all signs shall comply with the building, electrical, and fire prevention codes of the County as amended.

2. Signs shall be in compliance with Section 18.44.110 (Standards for Specific Sign Types), Table 3-13 (Sign Standards for Residential Uses), Table 3-14 (Sign Standards for Agricultural, Commercial, Mixed-Use, and Industrial Uses)

C. Table 3-17 Allowed Agricultural Sign Types and Permit Requirements.

Agricultural ZonesAllowed Sign Types

Table 3-17Agricultural Zones Allowed Sign Types and Permit

Requirements

E

SP

A

CUP

-

Exempt




Not allowed


All Agricultural Zones Additional Regulations

Agricultural SPAudio Signs -Awning/Canopy SPBanners -Billboards -

Community Entry Sign A 18.44.160 (D)18.44.160 (E)

Comprehensive Sign Program -Directory Sign SPDirectional Sign SPElectronic Digital Display Message Sign -

Flag E 18.44.160 (D)18.44.160 (E)

Freestanding Monument (Entry) SP 18.44.160 (D)


Agricultural ZonesAllowed Sign Types

Table 3-17Agricultural Zones Allowed Sign Types and Permit

Requirements

E

SP

A

CUP

-

Exempt




Not allowed


All Agricultural Zones Additional Regulations

18.44.160 (E)

Freestanding Pole - 18.44.160 (D)18.44.160 (E)

Freeway-Oriented Sign CUP 18.44.160 (E)Historic/Memorial Markers and Tablets EHistorical Sign SPHome Occupation Sign SPLuminous Tube Sign (neon) -Marquee SPName Plate SPName Plate (house number) EPainted SPPolitical EPrice/Menu Boards (Drive-thru) -Price/Menu Boards (Walk-in) SPProjecting -Real Estate Sign ERoof Signs -Service Station Price Signs -Subdivision Sign SPTemporary SPTime/Temperature Sign -Vehicle Sign (stationary) -Wall SPWindow SP

D. General Agricultural Sign Regulations. All signs shall be placed a minimum of five feet from a front property line.E. Specific Agricultural Zones Sign Regulations.

1. Community Entry Sign. Signs that exceed the allowable sign area shall require the approval of a Conditional Use Permit.

2. Flag Poles. A flag pole shall not exceed 30 feet in height. The flag shall be no larger than five feet by eight feet in size.

3. Freestanding Monument Sign. a. Freestanding monument sign shall pertain to a County permit approved agricultural business.b. One freestanding monument sign for each single tenant, parcel, or multi-tenant complex for non-agricultural

uses in agricultural zones.


4. Freeway-Oriented Signs. At a minimum, the sign shall meet the setback requirements of the zone. The conditions of approval can increase the required setbacks from the highway or freeway.

18.44.170 – Comprehensive Sign Program

A Comprehensive Sign Program application shall be submitted to the Department in compliance with all of the provisions of this Section.

A. Application contents. For any parcel on which one or more signs are proposed that require a Sign Permit the owner(s) shall submit a Comprehensive Sign Program containing all the following:1. An accurate plot plan of the subject property, of a quality and at a scale as the Director may reasonably require;2. Location of structures, parking lots, driveways, curb cuts, and landscaped areas on the subject parcel and

names of adjacent streets and other applicable uses;3. Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the

number of freestanding signs allowed on the parcel included in the proposed plan in compliance with this Section;

4. Drawing(s) depicting the lettering or graphic style, lighting associated with, materials, and sign proportions (scaled) of each proposed sign; and,

5. An accurate indication on the plot plan of each present and proposed future sign of any type, as well as scaled elevations depicting the size, height, and location of each present and proposed future sign.

B. Limit on number of freestanding signs. The Comprehensive Sign Program for all parcels with multiple uses or multiple users shall limit the number of freestanding signs to a total of one for each street on which the parcels included in the plan have frontage and shall provide for shared or common usage of the freestanding signs.

C. Consent. The Comprehensive Sign Program shall be signed by all property owners or their authorized agents in a form required by the Director.

D. Procedures. A Comprehensive Sign Program shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the County for the proposed development or Conditional Use Permit, and shall be processed simultaneously with other plans or permit applications.

E. Amendment. A Comprehensive Sign Program may be amended by filing a new Comprehensive Sign Program that conforms to all requirements in effect at the time.

F. Nonconforming existing signs. If a new or amended Comprehensive Sign Program is filed for a parcel(s) on which existing signs are located, it shall include a schedule for bringing into conformance, within three years, all signs not conforming to the proposed amended plan or the requirements of this Chapter in effect on the date of submission.

G. Binding effect. After approval of a Comprehensive Sign Program, no sign shall be erected, placed, painted, or maintained, except in compliance with the plan, and the plan may be enforced the same way as any provision of this Chapter. In the event of a conflict between the provisions of the plan and any other provision of this Chapter, the provisions of this Chapter shall control.

H. Time for Review.1. Director approval. For signs subject to review by the Director, the Director shall review the application within

the time frames of the Permit Streamlining Act. The Director may impose only those conditions deemed reasonable and necessary to ensure compliance with the provisions of this Chapter.

2. Commission approval. For those signs subject to review by the Commission, the Commission shall review the application within the time frames of the Permit Streamlining Act.

3. Other discretionary approval. For any sign approval application submitted in conjunction with another discretionary application, the time period for action for the Sign Permit application shall be the same as that associated with the other discretionary application.

I. Required Findings. The Director or Commission, as applicable, shall approve a Comprehensive Sign Program if all the following findings can be made:1. The sign plan meets the standards and sign design criteria specified in this Chapter; and,


2. The sign plan is compatible with development on the subject property and developments in the immediate vicinity of the subject property and does not detract from the character or quality of surrounding properties.

J. Appeals. A decision by the Director or the Commission may be appealed in compliance with the applicable provisions of Chapter 18.144 (Appeals).

18.44.180 – Sign Construction and Maintenance

Signs and their components shall be regularly maintained and kept in good repair and appearance at all times. If a sign is not properly maintained, it shall be removed or repaired within 30 days, following written notice of insufficient maintenance by an authorized County official.

18.44.190 – Removal of Unlawful, Unsafe, and Unauthorized Signs on Public Property

A. Abandoned Signs.1. Removal of Abandon Signs.

a. An abandoned sign shall be removed by the owner or lessee of the premises upon which the sign is located immediately upon closure of the business or the passing of the event.

b. A sign frame or structure that supported an abandoned sign and that conforms to all applicable regulations shall be allowed to remain in place, however, the sign’s printed content shall be removed, and a blank panel should be put in its place. However, in the event a sign frame or structure is inconsistent with the regulations of this Chapter, the sign structure and/or frame shall be either altered to comply with the regulations of this Chapter or removed by the owner or lessee of the property.

c. Signs considered by the County to have historic value or cultural significance shall be exempt from the provisions of this Subsection.

d. If the owner or lessee fails to remove the sign, the County, following proper notice, may have the sign removed.

2. Recovery of costs. When the County is required to remove an abandoned sign, the reasonable cost of the removal and storage may be assessed against the owner of the sign(s) and/or the property owner. If not paid, the applicable costs may be imposed as a tax lien against the property.

B. Dangerous and/or Defective Signs. It is unlawful for any business or residential property owner or lessee to maintain or permit to be maintained on any business or residential property any sign that is in a dangerous or defective condition. A sign shall be removed by the owner of the sign, owner, or lessee of the property, or the Director, at the expense of the owner of the sign or property. Alternatively, the sign shall be repaired by the owner or lessee at the expense of the owner or lessee.

18.44.200 – Nonconforming Signs

A. Amortization of nonconforming signs. Nonconforming signs shall be removed or altered to be conforming as provided below. See Table 3-18 (Fair Market Value and Amortization Period).1. Legal nonconforming on-site signs that are in an agricultural or residential zone shall be removed from the site

without any compensation (i.e., financial or otherwise) after the expiration of 15 years from the date the sign became nonconforming. Upon the expiration of the amortization period, the sign shall be an illegal use subject to immediate removal. Nonconforming on-site signs that are also illegal signs (i.e., never obtained the required permits) shall be removed immediately from the site without any compensation.

2. Legal nonconforming commercial or mixed-use signs and billboards existing at the time this Zoning Code became effective may be continued, although the use does not conform with these provisions, provided these nonconforming signs and billboards and their supporting structures shall be completely removed by their owners/lessees, unless made to fully conform to the provisions of this Chapter, no later than 10 years following the effective date of this Zoning Code.

3. Legal nonconforming off-site sign displays located in an area designated on the General Plan and designated as either agricultural or residential and located more than 660 feet from the edge of the right-of-way of a freeway or


primary highway, that have copy not visible or intended to be read from the freeway or primary highway, shall be removed from the site without compensation in compliance with the following schedule. This amortization period shall commence upon receipt of a written notice of nonconformance.

Table 3-18Fair Market Value and Amortization Period

Fair Market Value on Date of Notice Maximum Years AllowedUnder $1,999 2.0

$2,000 to $3,999 4.5$4,000 to $5,999 6.0$6,000 to $7,999 7.5$8,000 to $9,999 9.0$10,000 and over 10.5

4. The Building Official shall determine the fair market value in compliance with the latest material valuation schedules and send notice of the determined value to the owner/lessee. Disagreement over the value shall be resolved under the appeal procedures identified in Chapter 18.144 (Appeals). Upon the expiration of the appeal period, the sign shall be an illegal use, subject to immediate removal.

B. Continuance of nonconforming signs. A nonconforming sign may be continued and shall be maintained in good condition as required by these regulations, but it shall not be:1. Structurally changed to another nonconforming sign, but its pictorial content may be changed; 2. Structurally altered to prolong the life of the sign, except to meet safety requirements;3. Expanded or altered in a manner that increases the degree of nonconformity; or,4. Reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50 percent of the

replacement cost as determined by the Building Official.

C. New signs on sites with nonconforming signs. No new sign shall be approved for a site, structure, or use that contains a nonconforming sign, unless the nonconforming sign is first removed or modified to fully comply to the provisions of this Chapter. No discretionary land use permits shall be issued for any structures, expansions, or new construction on a site that contains nonconforming signs, unless all signs on the site are brought into compliance with this Chapter. This does not include interior alterations that do not substantially change the character or intensity of the site.

D. Ordinary maintenance, painting, and/or repair. Nonconforming signs may only be maintained, painted, and/or repaired (i.e., repairs shall be limited to cosmetic enhancements/refinements but no structural alterations, unless required by the Building Official) in place and may not be removed from their existing location, except for temporary remodeling of the structure to which the sign is attached or termination of the sign. See Subparagraph F. (Structure remodeling), below.

E. Change of business ownership. Upon a change of ownership, the new owner/lessee of a nonconforming sign may change a name(s) on the sign so long as there is no change in the structure or configuration of the sign.

F. Structure remodeling. Nonconforming signs may be removed for remodeling the structure to which the sign is attached and shall be replaced immediately after the remodeling is completed. No alteration of the sign channel letters, cabinet or sign structure is allowed.

G. Hardship cases.1. Under cases of extreme hardship and unusual circumstances, the Commission shall have the authority to allow

the retention of a legal nonconforming sign if the Commission specifically finds that extreme hardship and unusual circumstances exist through the approval of a Conditional Use Permit. The proponent of the request shall have the burden of clearly demonstrating that an extreme hardship and unusual circumstance exists and warrants the retention of the nonconforming sign.

2. The Commission shall conduct a public hearing and shall find the following to be true before allowing retention of a legal nonconforming sign:a. The site has a unique character or features that do not cause visibility problems;


b. The sign does not create a traffic hazard;c. The sign does not create a visual blight to the community;d. The sign does not adversely affect abutting properties;e. The sign is properly maintained and structurally sound;f. Other sign alternatives or designs would not be feasible or be able to provide reasonable signing in

compliance with this Chapter; and,g. If the Commission finds that an extreme and unusual circumstance exists, but that the design or condition of

the sign creates a visual blight, then the Commission may grant relief from the amortization of the nonconforming sign with the condition that the sign be remodeled to improve the condition of the sign and/or to create a more aesthetic design.

18.44.210 – Revocation of Sign Permits

See ARTICLE 7 (Zoning Code Administration) Chapter 18.152 (Permit Modifications and Revocations).

Chapter 18.46 - Solid Waste and Recycling Materials Storage

Contents:

18.46.010 – Purpose and Applicability18.46.020 – When Required18.46.030 – Number and Location18.46.040 – Development and Design Standards


A. Purpose. The purpose of the Solid Waste and Recycling Materials Storage Chapter is to ensure adequate solid waste and recycling collection, storage, and distribution locations to serve the residents of the County.

B. Applicability.

1. The standards in this Chapter apply to all zones.2. All structures and uses shall conform to the standards of this Chapter as determined applicable by the Director.

18.46.020 – When Required

Solid waste and recycling storage enclosures shall be provided for all Urban Community areas and designated on the plot plan.

18.46.030 – Number and Location

A. Solid waste/recycling storage areas shall be adequate in number, distribution, and capacity to serve the development where the project occurs.

B. Area for collecting and loading solid waste/recycling materials except for public recycling areas, shall be placed in one location.

C. The locations of solid waste/recycling storage areas shall be chosen to prevent the intrusion of noise, odor, insects, and dust into living areas.

D. Each solid waste/recycling storage area within a multi-family residential development shall be no greater than 250 feet from each living unit.


E. Solid waste/recycling storage areas, except for public recycling areas, shall be located to the rear of structures and/or they shall be screened from public street view.

F. Solid waste/recycling storage areas shall be located where service vehicles have easy access without having to back up.

G. A sign clearly identifying all solid waste/recycling collection, storage, and loading areas and the materials accepted therein shall be posted adjacent to all points of access.

18.46.040 – Development and Design Standards

A. Solid waste/recycling storage areas shall be designed to accommodate all receptacles.B. Solid waste/recycling containers shall be enclosed by a solid wood fence or a wall of a minimum six feet in height on

three sides and with a solid gate, a minimum of five feet in height, subject to approval of the Director.C. The design of the solid waste/recycling storage enclosures shall be architecturally compatible with the rest of the

development.D. Solid waste/recycling storage enclosures shall be constructed to allow walk-in access.E. Solid waste/recycling storage areas or the containers shall provide protection against adverse environmental

conditions which might spread the collected materials or otherwise render it unmarketable, unsightly, or offensive.F. Solid waste/recycling storage areas shall always be maintained in a neat and orderly manner.

Chapter 18.48 - Surface Mining and Reclamation

Contents:18.48.010 – Purpose and Applicability18.48.020 – Definitions18.48.030 – General Provisions18.48.040 – Reclamation Plan Requirements18.48.050 – Application Process18.48.060 – Monitoring18.48.070 – Enforcement


A. Purpose. The purpose of this Chapter is to regulate surface mining and reclamation operations consistent with the County General Plan and State Surface Mining and Reclamation Act of 1975 (and all subsequent amendments) and with the State Mining and Reclamation Policy specified in Chapter Eight of Title 14 of the California Code of Regulations. The provisions of SMARA (PRC Section 2710 et. seq.), PRC Section 2207, and State regulations CCR 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this Chapter by reference with the same force and effect as if the provisions were specifically and fully set out, excepting that when the provisions of this Chapter are more restrictive than correlative State provisions, this Chapter shall prevail.

B. Applicability. The requirements of this Chapter are applicable to any surface mining operation in unincorporated Merced County, except those operations specifically exempted by Sections 2714 or 2776 of the California Public Resources Code.


The purpose of this Section is to provide definitions for the most commonly used terms in this Chapter without affecting the meaning of the same terms used in other Chapters of this Zoning Code. Definitions for less commonly used terms in this Chapter are found in State law affecting mining and reclamation, specifically, State Public Resources Code Section 2725 et seq. and Title 14 of the California Code of Regulations Section 3501 and 3701.


Administrative Penalty. A fine imposed by the County or the State Geologist for violation of this Chapter or of SMARA.

Angle of Repose. The maximum angle of slope (measured from horizontal plane) at which loose, cohesionless material will come to rest on a pile of similar material.

Board. Merced County Board of Supervisors.

Critical Gradient. The maximum stable inclination of an unsupported slope under the most adverse conditions that it will likely experience, as determined by current engineering technology.

Department of Conservation (DC). State agency responsible for overseeing SMARA.

Engineering Data. Data consisting of maps, profiles, calculations, and analysis as provided by a qualified professional.

Financial Assurance. Monetary guarantee in the form of a surety bond, irrevocable letter of credit, trust fund, certificate of deposit, or other form used primarily to perform the mine's reclamation plan.

Inactive Mine. A surface mining operation discontinued for a period of one year or more.

Idle Mine. A mine having reduced its operation for a period of one year or more by more than 90 percent from the previous maximum annual mineral production, with the intent to resume full-scale mining in the future.

Interim Management Plan (IMP). An amendment to a Conditional Use Permit for a surface mining operation or an idle mine.

Mine (Mined Lands). Includes the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

Mineral. Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

Mining Exemptions. Exemptions for mineral removal from this Chapter and SMARA.

Mining Waste. Residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

Operator. The person engaged in or contracting with others to conduct surface mining operations.

Overburden. Soil, rock, or other materials that lie above a natural mineral deposit or in-between mineral deposits, before or after the removal by surface mining operations.

Qualified Professional. State registered geologist, State registered engineering geologist, State registered civil engineer, State licensed landscape architect, or State registered forester experienced in land reclamation.

SMARA. The State Surface Mining and Reclamation Act of 1975 and all subsequent amendments.

State Board. California Mining and Geology Board.

Surface Mining Operations. Processes involved in the mining of minerals by removing overburden and mining directly from the mineral deposit, borrow pitting, dredging, mining by the auger method, streambed skimming or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to:

In place distillation or leaching.

The production and disposal of mining waste.

Prospecting and exploratory activities.

18.48.030 – General Provisions

A. Mining Exemptions.


1. Excavation or grading conducted for farming or for restoring land following a flood or natural disaster where the soil removed is used for agriculture and no other commercial activity. Occurrence of a flood or natural disaster must first be validated by County Fire/CDF or another disaster assessment agency.

2. On-site excavation and on-site earthmoving activities which are an integral and necessary part of a permitted construction project that are undertaken to prepare a site for construction of structures, landscaping, or other improvements.

3. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards on one acre or less in a contiguous quantity of land under the same ownership.

4. Surface mining operations that are required by Federal law to protect a mining claim, if those operations are conducted solely for that purpose.

5. Any other surface mining operations that the State Board determines to be of infrequent nature and which will involve minor surface disturbances.

6. A solar evaporation of inland water to produce salt and related minerals.7. Emergency excavations conducted by the State Department of Water Resources or Reclamation Board based

on protection from disasters or emergencies.

B. Conditional Use Permit Required. A Conditional Use Permit in compliance with Chapter 18.116 (Conditional Use Permits) is necessary for all surface mining operations, excluding mining exemptions and mining operations on County-owned property.

C. County-Owned Property. For County-owned property, the County department proposing the project is the lead department in compliance with SMARA, including, but not limited to, mining/reclamation plans, board hearings, annual reports, and financial assurances.

D. CEQA and SMARA. The Department shall be responsible for CEQA and SMARA review as to adequacy prior to processing the application by the lead department.

E. Environmental Impact Report. An Environmental Impact Report is required for any open pit mining operation subject to SMARA and using a cyanide heap leaching process for producing gold or other precious metals.

F. Inactive Mines. If an inactive mine is reactivated, it shall first require a new Conditional Use Permit.

18.48.040 – Reclamation Plan Requirements

Applications for surface mining and reclamation projects shall require documentation, engineering data, narrative, and site maps as a reclamation plan in compliance with the most current Commission-adopted resolution.

18.48.050 – Application Process

A. The applicant shall submit a complete Conditional Use Permit application consisting of Environmental Information Form, mining plan and operational statement documentation, engineering data, narrative, site maps, and reclamation plan, and any other information required by the Director to ensure compliance.

B. Upon acceptance of a complete application, the Director shall notify the State agencies in compliance with SMARA Sections 2770.5 and 2774(c).

C. Upon receipt of Department of Conservation comments, the Director will prepare a response with a copy forwarded to the operator. The response may be incorporated in the staff report to the Commission.

D. The Commission, at the public hearing of the Conditional Use Permit, shall consider the Department of Conservation's comments and the Director’s response. Prior to approving the project, the Commission shall, in addition to other necessary findings, make a finding that the project complies with SMARA and this Chapter.

E. Prior to mining, the operator shall post a financial assurance consistent with the Commission-approved Financial Assurance Estimate (FAE) and reclamation plan and implement all permit conditions and pertinent mitigation measures if not included as part of the permit conditions (unless the Conditional Use Permit specifies a later date).

18.48.060 – Monitoring


A. Annual Reports. Annual reports shall be provided by the operator to the Director in compliance with State Public Resources Code Section 2207. In addition, the annual report transmitted to the Director shall include all of the following:1. A Plot Plan and two transverse profiles showing:

a. Land newly disturbed by the mining operation during the previous calendar year.b. Total disturbed area reclaimed during the previous calendar year.c. Total unreclaimed disturbed area at the end of the calendar year.d. Total disturbed and reclaimed area anticipated at the end of the year following the annual report.

2. Updated FAE prepared by a qualified professional in compliance with the approved reclamation plan.

B. Financial Assurance. Within two months of approval of the FAE by the Director, the operator shall submit the updated financial assurance instrument.

C. Annual inspections:1. The Director shall conduct or contract to conduct annual inspections of mines.2. The Director shall notify operators of annual inspections prior to conducting the inspections.3. The Director or selected contractors shall complete and report the annual inspection to the State geologist

according to SMARA timetable.4. The Director may charge the mining operators a reasonable cost of inspections and FAE review.

D. Interim Management Plans (IMPs). IMPs are required for idle mines.1. Application Data.

a. A site plot plan showing disturbed and reclaimed areas. The plot plan shall show all roads.b. Narrative shall describe erosion control, dust control, water quality control, weed abatement, hazardous

material containment, security of stored equipment, and financial assurances. The narrative shall also explain:(1) Reason for idleness.(2) Circumstances necessary to fully reactivate the operation.(3) Whether the plan will meet all permit conditions.(4) Reasons for not meeting any permit conditions in case of noncompliance.

2. Application Process.

a. Within 90 days of a surface mining operation becoming idle, the operator shall submit an IMP to the Director.

b. In case of a deficient IMP, the operator shall have 30 days or a longer mutually-agreed timeline to resubmit a revised plan.

c. The Director shall specify the effective length of the IMP for a period not to exceed five years.d. Prior to the expiration of the IMP, the operator may request to extend the IMP for a period not to exceed five

years.e. Prior to expiration of the IMP, the Director shall either extend the IMP based on an extension request or

require the surface mining operator to commence reclamation in compliance with the approved reclamation plan. Extension of the IMP requires findings that the operator has complied fully with the IMP.

f. Idle mines without an IMP shall by the end of one year of being idle be reclaimed as practicable according in compliance with the approved reclamation plan.

18.48.070 – Enforcement


SMARA has designated the County as being responsible for enforcing violations of SMARA and Chapter 18.48 (Surface Mining and Reclamation). The Department may use this Chapter to enforce mining and reclamation violations. The Director may also apply administrative penalties as described in SMARA and in this Subsection.

A. Financial Assurance Forfeiture. SMARA has designated the County with the primary responsibility to seek forfeiture of financial assurances and to reclaim mines in the County. The procedure for financial assurance forfeiture is as follows:

1. The Commission shall hold a public hearing resulting in a determination that the operator: a. Is financially incapable of performing the reclamation in compliance with the reclamation plan; or,b. Has abandoned the surface mining operation without completing the reclamation.

2. The Department shall notify the operator by certified mail of appropriate action to forfeit the financial assurance and specify reasons for so doing.

3. The Department shall allow the operator 60 days to commence or cause the commencement of reclamation in compliance with the approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time mutually agreed upon by the County or the State geologist and the operator.

4. The Department shall proceed to take appropriate action to require forfeiture of the financial assurances if the operator does not substantially comply with Subsection 3, above.

5. The Department shall use the proceeds from the forfeited financial assurances to conduct and complete reclamation as practicable in compliance with the approved reclamation plan.

B. Administrative Penalties. The County is primarily responsible for assessing administrative penalties on mining operations out of compliance with SMARA consistent with the following procedure:1. If a violation extends beyond 30 days of the first written notice to the operator, the Department may issue an

order for administrative penalty by certified mail for an administrative hearing scheduled 30 days or more after the date of the order. The order will state all violations and require the operator to comply with SMARA and this Chapter but may only take effect after the hearing. The hearing notice is limited to the project site.

2. The Director shall also consider and may impose an administrative penalty not exceeding $5,000 per day assessed from the original date of noncompliance. Penalties shall be used for no purpose other than to cover the reasonable costs of enforcement. The Director shall take into consideration the nature, circumstances, extent, and gravity of the violation, any prior history of violations, degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require.

3. A subsequent order issued by the Department and sent by certified mail is necessary to notify the operator of administrative penalties for repeated violations. Payment of any administrative penalty shall be made within 30)days of issuance of the order, unless the operator petitions the Board to review the order of administrative penalty.

4. In case of a petitioned order, the Board shall notify the operator by certified mail whether or not the Board will review the order setting the administrative penalty. If the Board reviews the order, the Board shall establish the complete record of evidence to implement the policies of SMARA. If the Board upholds or issues an order, the Board shall notify the operator by personal service or certified mail of the order.

5. Any petitioned order or Board order shall become effective unless the operator petitions the Superior Court within 30 days following either the Board order or Board denial to review the petitioned order.

article 3: regulations applicable to all zones

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