Chapter 17.82 — BILLBOARD OVERLAY ZONE

modified

The Billboard Overlay Zone is made up of nine (9) nonresidential sub-areas along the Interstate-10 San Bernardino Freeway and one nonresidential sub-area along Rosemead Boulevard (California State Route-164).

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

Billboards are recognized as a legitimate form of commercial advertising in the city. However, the size, number, location and illumination of billboards can have significant influence on the city's visual character, and can, without appropriate control, create or contribute to visual blight conditions. The purpose of this chapter is to establish an Overlay Zone where new billboards may be constructed and existing billboards may be removed and relocated or reconstructed subject to reasonable controls, while recognizing that community appearance is an important factor in ensuring the general community welfare.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

The requirements of this chapter shall apply to any project involving the installation or construction of a new billboard, or billboards, or relocated billboard, or billboards, or the expansion, modification, or digitization of an existing billboard, or billboards, within the Billboard Overlay Zone, or the addition of additional face(s) to an existing billboard within the Billboard Overlay Zone. Billboards shall be permitted in the Billboard Overlay Zone only after a development agreement has been negotiated and executed between the property owner and/or billboard operator and city, and any requisite permits have been issued in accordance with the terms of this chapter. An existing billboard or digital billboard in existence on the effective date of the ordinance from which this title is derived pursuant to a prior agreement (including any amendments or extensions thereof) or other lawful permit may be relocated and rebuilt only within the Billboard Overlay Zone. All billboards constructed within the Billboard Overlay Zone shall comply with this chapter and all applicable requirements of the California Business and Professions Code and the California Outdoor Advertising Act.

B.

In accordance with Section 5440 of the California Business and Professions Code, new billboards not associated with relocation as described in subdivision (C) shall be allowed only in those portions of the Billboard Overlay Zone not designated as "landscaped freeways" pursuant to Section 5216 of the California Business and Professions Code.

C.

In accordance with Section 5443.5 of the California Business and Professions Code, relocated billboards shall be allowed only in the Billboard Overlay Zone and shall not be permitted in any location which would result in violation of any applicable federal, state or local law. Billboards to be relocated in the Billboard Overlay Zone may originate in areas outside the Billboard Overlay Zone or outside the city's boundaries, provided the agreement required by this chapter documents their location and removal, and the benefits associated with such relocation. An owner or entity proposing an agreement for relocation shall establish that the relocated billboard meets one or more of the following eligibility requirements:

1.

The billboard proposed for complete demolition and relocation is the subject of any eminent domain action or threat of eminent domain action by a legally created public entity possessing eminent domain/condemnation authority and provides public benefits for such relocation; or

2.

The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location within the Billboard Overlay Zone so as not to conflict with the proposed development or redevelopment of the property and provides public benefits for such relocation as negotiated in the agreement; or

3.

The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location within the Billboard Overlay Zone that lessens the overall negative aesthetic impacts on the city and its residents and provides public benefits for such relocation; or

4.

The applicant has previously removed and completely demolished one or more billboards and maintains credits for such removal by the California Department of Transportation pursuant to Section 5443.5 of the California Business and Professions Code; or

The applicant proposes to enhance, improve and modify an existing billboard already established within the Billboard Overlay Zone for the purpose of modernizing and improving the aesthetic appearance of such billboard.

D.

In the event of any conflict between any provision contained in this chapter and any other provisions contained elsewhere in the EMMC, the provisions of this chapter shall govern.

E.

No billboard shall be approved and no existing billboard shall be modified without the applicant first providing proof of legal or equitable interest in the site proposed for relocation or modification, including, but not limited to, a lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents.

F.

No billboard shall be approved or modified, and no billboard may be maintained, unless a designated maintenance service is available "24/7," by telephone, to be contacted and to respond in the event a billboard becomes damaged or dilapidated.

G.

All billboard agreements shall include requirements that applicants obtain all additional federal and/or state permits for installation, including, but not limited to, any applicable California Department of Transportation (Caltrans) permit. Nothing contained in this chapter shall require the city to negotiate and/or approve an agreement on terms that are unacceptable to the City Council.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Physical Requirements.

1.

The maximum number of billboards within each sub-area shall not exceed what is prescribed in Table 17.82-1.

2.

The distance and separation between two (2) or more billboards placed within the Billboard Overlay Zone or between billboards and the freeway right-of-way shall meet the minimum requirements of the California Department of Transportation or as prescribed in Table 17.82-1, whichever is greater. All distances shall be measured from the vertical centerline of each billboard face.

Table 17.82-1 Maximum Number and Minimum Separation for Billboards

3.

Billboards in sub-areas 1 and 3 shall not be permitted on vacant properties.

4.

All utilities utilized for each billboard shall be underground.

5.

No billboard shall have more than one face (display surface) oriented in the same vertical plane.

6.

All billboards shall plainly display, and be visible from no less than one hundred (100) feet, the name of the person or company owning or maintaining such billboard, and the billboard's identification number.

7.

Billboards projecting over a driveway or driving aisle shall have a minimum clearance of sixteen (16) feet between the lowest point of the sign and the driveway grade. Billboards shall comply with any California Department of Transportation requirements for placement and operation. No part of any billboard shall cross onto an adjacent property.

8.

Billboards projecting over a pedestrian walkway shall have a minimum clearance of twelve (12) feet between the lowest point of the sign and the walkway grade.

9.

All billboards not projecting over drive areas or pedestrian walkways shall have a minimum clearance of twelve (12) feet between the lowest point of the billboard and ground level.

10.

All billboard structures shall be free of any visible bracing, angle iron, guy wires, cable, and/or similar supporting elements. All exposed portions of new billboards, including backs, sides, structural support members and support poles, shall be screened to the satisfaction of the Community Development Director.

11.

All billboards shall be placed at least two hundred fifty (250) feet from any residential zoning district, unless it can be demonstrated by the positioning of the digital panels that there is no significant additional light intrusion than if the digital panels are placed at least two hundred fifty (250) feet away. Billboard proposals requesting to be located within two hundred fifty (250) feet of any residential zoning district shall provide a site-specific light and glare study to be reviewed and approved by the Community Development Director. The measurement shall be from the closest edge of the billboard to the closest edge of the residential zoning district.

12.

No billboard, inclusive of supporting structures, shall exceed seventy-five (75) feet in height, measured from the finished grade of the freeway travel lane closest to the sign to the uppermost point of the sign, except as may be approved for good cause as demonstrated by the applicant and determined in the sole discretion of the city.

B.

Operational Requirements.

1.

No digital billboard shall display any statement or words of an "obscene, indecent, or immoral character," as that phrase is used in Section 5402 of the Business and Professions Code and judicial decisions interpreting the same.

2.

Each digital billboard shall be connected to the National Emergency Network and provide emergency information, including child abduction alerts (e.g., "Amber Alerts"), in accordance with local and regional first responder protocols.

3.

Digital Billboard Operating Criteria.

a.

Each static message shall not include flashing lights or the varying of light intensity.

b.

Minimum display time. Each message on the sign must be displayed for a minimum of four (4) seconds.

c.

Digital billboards shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter in accordance with the pre-set distances set forth below.

d.

Pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size sign and shall comply with the following ratios of face size dimensions to points of measurement distances:

•

Twelve (12) feet × twenty-five (25) feet; one hundred fifty (150) feet

•

Ten and one-half (10.5) feet × thirty-six (36) feet; two hundred (200) feet

•

Fourteen (14) feet × forty-eight (48) feet; two hundred fifty (250) feet

•

Twenty (20) feet × sixty (60) feet or twenty-five (25) feet × forty-eight (48) feet; three hundred fifty (350) feet

e.

Each digital billboard must have a light sensing device that will adjust the brightness as ambient light conditions change.

4.

Each digital billboard shall be designed and required to freeze the display in one static position, display a full black screen, or turn off, in the event of a malfunction.

5.

Walls or screens at the base of the billboard shall not create a hazard to public safety or provide an attractive nuisance and shall be continually maintained free from graffiti.

6.

Billboards shall not be operated in such a fashion as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways and shall comply with all applicable federal, state and local law. Digital billboards when operated in accordance with the operating criteria in subsections B.1. through 5. above and static billboards operated pursuant to federal, state and local law shall be deemed to be in compliance with this subsection and all requirement of the California Department of Transportation.

7.

No billboard shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic, by, for example, the use of the words "stop" or "slow down."

8.

No billboard shall involve any red or blinking or intermittent light likely to be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways. Digital billboards when operated in accordance with the operating criteria in subsection (4), above, shall be deemed to be in compliance with this subsection.

9.

No digital billboard shall be operated or maintained so as to constitute an "improper display," as defined or described in Section 5304 of the Business and Professions Code.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Application Requirements. A person or entity wishing to completely demolish and relocate an existing nonconforming billboard or modify an existing billboard within the Billboard Overlay Zone shall submit an application for the approval of a design review, in accordance with Chapter 17.122 (Design and Minor Design Review) of this title, and a Development Agreement, in accordance with Chapter 17.129 (Development Agreements) of this title, that includes the following:

The name, address phone number and other contact information of the person or entity proposing the development agreement;

2.

Identification of the location proposed for a new or relocated or modified billboard and the billboard(s) being permanently removed, where applicable;

3.

Information that establishes that the person or entity proposing the agreement has legal or equitable interest in the billboard being removed or modified and the site proposed for relocation or placement;

4.

Conceptual design drawings for the billboards that includes technical specifications to determine the billboard's compliance with this chapter;

5.

An explanation of the compensation to be paid or public benefits to be provided to the city; and

6.

The application must include photos of all existing signage or architectural renderings and elevations of proposed billboards as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed billboard.

B.

Review Process. All proposed agreements shall be reviewed in accordance with Chapter 17.122 (Design and Minor Design Review) and Chapter 17.129 (Development Agreements) of this title.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

In addition to the required findings set forth in Section 17.129.090 Development Agreements—Necessary Findings) of this title, the following findings shall also be made:

A.

The proposed installation site is compatible with the uses and structures on the site and in the surrounding area;

B.

The proposed billboard would not create a traffic or safety problem, including problems associated with onsite access circulation or visibility; and

C.

The proposed billboard would not interfere with onsite parking or landscaping required by this title.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

Violations in this chapter shall be subject to all civil, criminal, and administrative remedies available to the city.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)