Article 7 — ENFORCEMENT

Sec. 9-3.701. - Notice of Violation.

(a)

The Planning Director may serve and record a notice of intention to record a notice of violation on the owners of the offending property by describing the violation and stating an opportunity will be given to the owners to present evidence.

(b)

The City shall mail a copy of such notice to the owner of the real property. The notice shall specify the time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded.

(c)

If the Commission determines there has been no violation, the City shall record a Release of the Notice of Intention to Record Notice of Violation with the County Recorder. If the Planning Commission determines the property has been illegally divided, or within 60 days after receipt of the notice of intention, the owner of the real property fails to inform the Planning Commission of objection to the recording of the Notice of Violation, the Planning Commission shall cause the recordation of the Notice of Violation.

(d)

The Notice of Intention to Record a Notice of Violation and the Notice of Violation when recorded shall be deemed constructive notice of violation to successors in interest.

Sec. 9-3.702. - Certificate of Compliance.

(a)

A person owning real property or the vendee of such person pursuant to a contract of sale, may request the City to determine whether the real property complies with the Map Act and this Chapter. The person

requesting the Certificate of Compliance shall pay the City the cost of issuing and recording the Certificate.

(b)

The City Engineer shall issue an unconditional Certificate of Compliance if the City Engineer determines:

(1)

The parcel was created by a land division which complies with the Map Act and this Chapter; or

(2)

The parcel was created by a land division prior to March 4, 1972, and the conditions of Government Code section 66412.6 is satisfied; or

(3)

The parcel was created by a land division occurring on or after March 4, 1972, and the City Engineer determines a person creating the parcel did so without intent to violate the provisions of the Map Act or this Chapter and the rights of third parties have since intervened.

(c)

If the City Engineer is unable to issue an unconditional Certificate of Compliance, the City Engineer shall issue a conditional Certificate of Compliance after a report to and recommendation by the Planning

Commission as to such conditions. Such conditions shall be limited to conditions applicable to the division of the property at the time the applicant acquired an interest therein unless the applicant was the owner of the property at the time of an illegal land division, in which event the conditions include those which can be imposed under current land division regulations.

(d)

A person applying for a certificate of compliance shall dedicate and improve a right-of-way to the City for public road purposes if such dedication is necessary for access to the affected property. The right-of-way shall be improved with curb, gutter, sidewalk, grading and paving in accordance with the City's standards for street construction. The right-of-way shall extend across the frontage of the property and shall be in accordance with the standards for street right-of-way as set forth in the Circulation Element of the General Plan.

(e)

When the area in the vicinity of the applicant's property is without existing improved streets, the Planning Director may defer the dedication or improvement of the applicant's easement. If the Planning Director defers the dedication or improvement, the applicant shall provide an offer of dedication for future public street purposes or surety bond to guarantee the improvements. The offer or surety bond will remain in effect and binding on the applicant and successors in interest until the City Council accepts the offer and requests the improvements or by resolution determines the dedication and improvements are no longer necessary for public use.

CHAPTER 4. - SIGNS ARTICLE 1. - TITLE AND PURPOSES

Sec. 9-4.101. - Title.

This chapter shall be known as the "Sign Regulations of the City."

Sec. 9-4.102. - Purposes.

This chapter constitutes the requirements applicable to the erection and maintenance of signs within the City. This Chapter supersedes other provisions in this Code regulating signs except Chapter 2 relating to nonconforming uses, conditional use permits, and variances.

ARTICLE 2. - DEFINITIONS

Sec. 9-4.201. - Scope.

Unless otherwise apparent from the context, the following words and phrases are defined for the purposes of this Chapter.

Sec. 9-4.202. - Monument Sign.

"Monument Sign" means a sign having the ground as the primary support or a sign having a ground foundation running the length of the sign.

Sec. 9-4.203. - Pole or Ground Sign.

"Pole" or "Ground Sign" means a sign, other than a monument sign, erected on one or more uprights supported from the ground and that is not part of or attached to a building or structure other than a structure erected solely for the purpose of supporting a sign.

Sec. 9-4.204. - Political Sign.

"Political sign" shall mean a sign designed to influence voters.

Sec. 9-4.205. - Sign.

"Sign" means a name, figure, character, outline, spectacle, display, delineation, announcement, advertising, billboard, signboard, device, appliance, or other thing of similar nature to attract attention outdoors, including parts comprising the same, and the background and support or anchorage.

Sec. 9-4.206. - Temporary Sign.

"Temporary Sign" means a sign intended for use during a limited period of time.

Sec. 9-4.207. - Billboard.

"Billboard" means a flat surface sign with an area between sixty-four (64) square feet and three hundred (300) square feet.

ARTICLE 3. - GENERAL PROVISIONS

Sec. 9-4.301. - Permits Required.

No permanent and temporary sign shall be erected or maintained without a sign permit.

Sec. 9-4.302. - Applications.

Applications for a sign permit shall be made to the Planning Director and shall include the following:

(a)

In the case of permanent signs, two (2) copies of a plan showing:

(1)

Position of sign and its relation to adjacent buildings or structures; and

(2)

The design and size, colors proposed, and proposed location on the premises of such signs or sign structures;

(b)

In the case of temporary signs, a statement detailing the size and dimensions of all temporary signs to be placed;

(c)

A statement showing the sizes and dimension of all signs existing on the premises at the time of making such application;

(d)

A fee, as established by resolution of the City Council; and

(e)

Such other information as the Director may require to show full compliance with this chapter and other ordinances of the City.

Sec. 9-4.303. - Exemptions.

The following signs are exempt from this chapter:

(a)

Signs prohibiting trespassing and hunting or fishing not exceeding two square feet in area;

(b)

Warning signs required by law or erected by public agencies, including railroad signal signs;

(c)

Utility company signs identifying public telephones, cables, conduits, or hazards;

(d)

Public notices and announcements authorized by courts or public officials, including highway directional signs.

(e)

Street location signs and other public directional signs and signs of an instructive nature of which information required by city, county, state or federal enforcement agencies including, but not limited to, the following: gas pump instructions, recreational vehicle dump station, restroom identification, smog station, air, water, cashier, hours of operation, etc. Each sign shall not exceed four (4) sq. ft. in area and thirty (30) in. in height.

(f)

Advertising signs on buses and taxis and signs attached to bus stops and shelters;

(g)

Signs painted on or are attached flat against vehicles which identify or advertise the associated business. The vehicle must be primarily used for business and parked on private property as a normal function;

(h)

Window display signs limited to painting signs on glazing, post paper signs and placards attached to the inside of glazing of store fronts; however, the store front glazing shall not be covered in excess of 50%;

(i)

Signs not visible outside the limits of the lot upon which the sign is located;

(j)

Residential name and address signs not exceeding two square feet in area;

(k)

Portable, temporary, off-site directional real estate signs located on private property used in conjunction with open house real estate sales activities provided that each portable directional sign does not exceed a height of two and one-half feet and an area of four square feet, and is not located within a road or street right-of-way. Signs shall be on display only when real estate is open for inspection.

(l)

The official flag of a government, government agency, public institution, religion, corporation or other similar entity. Only one (1) flat pole, with no more than three (3) flags, with a maximum height of thirty (30) ft. and with a maximum dimension on the flag(s) of eight feet in its largest dimension and which is not attached to the building shall be exempt;

(m)

Flags flown on a temporary basis for the purpose of honoring declared national or civic holidays that do not exceed eight (8) feet in the largest dimension;

(n)

Signs placed on public property pursuant to a signed lease or agreement;

(o)

Electronic time and temperature signs as part of an on-site advertising sign, as regulated by development standards;

(p)

Exit, entrance, or other on-site traffic control signs are permitted. The signs should not exceed six (6) ft. in height and shall contain no advertising;

(q)

Sign regulations may be waived if the signs are included as part of a project for which a Planned Unit Development (PUD) plan is required.

Sec. 9-4.304. - Prohibitions.

The wind activated signs and signs not specifically permitted by this chapter are prohibited in all zoning districts.

Sec. 9-4.305. - Duration of Permits.

Building permits for signs shall have a one-year duration commencing the date the permit is issued. If the applicant for a sign permit is required to obtain a business license, the duration of the sign permit shall be the same as the business license.

(Ord. No. 10-686, 3-16-2010)

(a)

The following signs are permitted upon the issuance of a special permit by the Planning Director: moving or rotating signs; signs with flashing, moving or animated illumination; roof signs and signs extending above roofs; signs projecting from buildings; and signs attached to a fence or wall.

(b)

Whenever a special permit is required or requested, property owner shall file an application with the Planning Director setting forth information concerning the proposal as required by the Director. The Planning Director shall review the application and present a written report with recommendations to the Planning Commission and to the applicant.

(c)

The Commission shall hold a public hearing on the proposed special permit. Notice of the hearing shall be given at least ten (10) days prior to the hearing by publication, once in a newspaper of general circulation within the City. Such notice may also be posted in three public places in the City, including one (1) public place in the area directly affected by the proceeding. The Commission shall consider the report of the Planning Director. Interested persons, including the applicant and the Planning Director, shall be allowed to testify and present evidence. At the conclusion of the hearing, the Commission shall render its decision by approving, conditionally approving, or disapproving the permit application. The Commission shall approve findings supporting the decision unless waived by all affected parties.

(d)

Any interested party may appeal the decision of the Commission to the Council by filing a written notice of appeal with the City Clerk within fifteen days after the Commission approves its findings, or if findings are waived, within fifteen days after the Commission renders its decision. The City Clerk shall cause a notice of the appeal and of a hearing to consider the appeal to be given in the same manner as the Secretary's notice for the Commission's hearing. In the event of appeal, the Council shall consider all evidence presented to the Commission and such added evidence the Council deems appropriate. At the conclusion of the hearing, the Council shall render its decision by affirming, conditionally affirming, or reversing the Commission's decision. The Council shall approve findings supporting the decision unless waived by all affected parties.

Sec. 9-4.307. - Political Signs on Property.

(a)

Political signs are permitted with the owner's permission on private property in any zone.

(b)

Political signs may be installed within rights of way adjacent to City streets, but not within medians of City streets, if the following requirements are met:

(1)

A refundable cleaning deposit in the amount of $50.00 for the first ten signs, and $100.00 for signs in excess of ten (10) if posted within the City. The deposit will be waived for a candidate who shows indigence.

(2)

Signs are removed within fifteen days after the election to which they relate or if the signs are not removed, the City shall remove the signs and deduct the actual costs of removal from the deposit set forth above.

(3)

A sign larger than thirty-two (32) sq. ft. in area shall not be erected until a building permit is secured from the City.

(4)

Political signs shall not be erected more than sixty (60) days prior to an election.

(c)

A political sign not posted in conformance with this Section shall be deemed a public nuisance and the City may order its removal upon five (5) days' notice to the candidate, property owner or person responsible for the sign.

Sec. 9-4.308. - Review of Applications.

Signs which meet the limitations of this chapter shall be reviewed by the Planning Director. The Planning Director may approve, approve with modification, or deny any application subject to the criteria of this section. Any staff decision may be appealed to the Planning Commission. Sign applications which do not meet the limitations of this chapter may be submitted to the Planning Commission. Any decision by the Planning Commission may be appealed to the City Council. Any appeal must be filed in writing, together with a fee as established by resolution of the City Council, within fifteen days after the decision is made. The Planning Director and/or Commission shall apply all the following criteria as the basis for action:

(a)

The sign is necessary for the applicant's substantial trade and property rights, does not infringe upon the rights of others, and the sign does not constitute needless repetition, redundancy, or proliferation of signing.

(b)

The sign is consistent with the intent and purpose of this chapter.

(c)

The sign does not constitute a detriment to public health, safety or welfare.

(d)

Size, shape, color and placement of the sign shall be considered in order to determine if the sign is compatible with and bears a harmonious relationship to the building and/or site which it identifies.

(e)

Both the location of the proposed sign and the design of its visual elements: lettering, colors, decorative motifs, spacing, and proportions shall be considered in order to determine the sign is legible under normal viewing conditions prevailing where the sign is to be installed.

(f)

The location and design of the proposed sign shall be considered in order to determine the sign will not obscure from view or unduly detract from existing adjacent signs.

(g)

The location and design of the proposed sign, its size, shape and color shall be considered in light of the visual characteristics of the surrounding area in order to determine the sign will not detract from or cause depreciation of the value of adjacent developed properties.

(h)

The location and design of a proposed sign in commercial districts in close proximity to any residential district shall be considered in order to determine the sign shall not have any adverse effect on the value and character of the adjacent residential district.

Every sign shall be maintained in a safe, presentable and sound structural condition. The replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance shall be done in a timely manner but not to exceed thirty (30) days from date of notice. The Planning Director shall require compliance with this section.

Sec. 9-4.310. - Hazardous Signs.

(a)

No sign shall be erected in such a manner as to constitute a traffic or pedestrian hazard. Illuminating lights shall be shielded from the direct view of traffic. The words "stop," "look," "danger," or any other word of similar import, shall not be used if they would confuse or mislead traffic.

(b)

No sign shall be erected at the intersection of public streets within the triangular area formed by connecting two points twenty-five (25) ft. from the intersecting lines formed by projecting street property lines toward the intersection unless the faces of the sign are less than two and one half (2½) ft. or more than eight (8) ft. above the curb grade, and its means of support has a maximum horizontal dimension of not more than one (1) ft.

Sec. 9-4.311. - Minor Variance—Procedure.

The Planning Director may authorize minor variances from the requirements of this Chapter when the variance does not significantly affect adjacent property.

(a)

The Planning Director shall notify the property owner and the adjacent property owners of his intended decision and shall post a copy of his intended decision at least fifteen days prior to its effective date. An interested person may appeal the decision of the Planning Director concerning a minor variance. The

decision of the Planning Director is null and void if an appeal is filed and the Commission shall act upon the application. Appeals must be filed before the effective date.

(b)

An interested party may appeal the decision of the Commission to the Council by filing a written notice of appeal with the City Clerk within fifteen (15) days after the Commission renders its decision.

Sec. 9-4.312. - Abandoned Signs.

Onsite signs shall be removed within three months after a business is discontinued at a location at the expense of the property owner.

Sec. 9-4.313. - Area Calculations.

The following methods shall be used to compute the area of a sign:

(a)

The area of a monument or pole sign is to be computed by multiplying the total height by the total length of the sign or signs for one-sided signs, excluding framework. The base of the sign is not part of the sign when constructed on masonry.

(b)

Where a two-sided monument or pole sign contains identical copy on each side, the area of the sign shall be computed by multiplying the total height by the length of one side only.

(c)

The area of a freestanding sign which has three (3) or more faces shall be computed by adding the areas of each face of the sign.

(d)

The area of a freestanding sign that is an object or statuary shall be computed by the appropriate mathematical equation for determining total surface area of an object.

(e)

Where the copy differs on each side of a sign, the total area shall be computed by adding together the areas of each side.

(f)

A sign not in compliance with this Chapter, but existing is in violation of this section in 1998. Time extensions may be considered on the basis of amortization of initial cost of sign. Extensions may also be allowed for signs which possess features that make them a significant part of the historical heritage of the community.