Fontana Municipal Code Div. 8 General Advertising Signs (billboards) and General Advertising Sign…

The purpose of a general advertising sign (billboard) relocation agreement is to reduce the number of general advertising signs (billboards) in the City by removing existing general advertising signs in exchange for allowing relocation of general advertising signs to more suitable locations, and to provide more attractive, aesthetically pleasing general advertising sign (billboard) designs and/or electronic message displays. This purpose realizes a goal which is consistent with a 2004 study supported and adopted by the City Council in 2006, and prepared by the County of San Bernardino in collaboration with the cities of Colton, Fontana, Ontario, and Rialto together with the California Department of Transportation and San Bernardino County Transportation Authority, entitled "I-10 Corridor Analysis." The study identified the desire to appropriately manage the signage found in the corridor, with a particular emphasis on off-site advertising signs.

A further purpose is to reduce or eliminate the City's obligation to expend public funds for the removal of legal nonconforming general advertising signs. General advertising sign relocation agreements are part of the demonstrated commitment of the City to improve the aesthetic appearance of the City.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Notwithstanding any other provision of this article, and consistent with the California Business and Professions Code Outdoor Advertising provisions, existing general advertising signs may be removed, relocated, replaced and/or reconstructed as part of a general advertising sign relocation agreement between the City and a general advertising sign owner and/or property owner. A permit application shall be submitted on the appropriate forms provided by the Community Development Department accompanied by the processing fee established by resolution of the City Council. In all cases, the City Council shall retain the sole and exclusive right to determine whether to execute such an agreement. Nothing in this article shall be construed as allowing construction of a new general advertising sign which is not part of the relocation and/or consolidation of existing general advertising signs.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Any legal, nonconforming general advertising sign located within the City may be considered a candidate for removal and relocation pursuant to an agreement as provided in this division. In order to be eligible to relocate an existing general advertising sign structure, the general advertising sign owner must commit to at least one of the following:

(1) The permanent removal of three general advertising sign structures, located in the City of Fontana, each containing the same or greater number of advertising displays, and each of which are the same size or larger (in square feet) than those proposed for the relocated general advertising sign; or

(2) The permanent removal of any number or size of existing static general advertising sign structures, totaling at least 4,032 square feet. However, the general advertising sign structures to be removed shall be those within the discretion of the City Council, of which first priority shall be existing general advertising sign structures located on the I-10 Freeway and second priority shall be general advertising sign structures located on the non-freeway arterial streets within the City.

This net reduction requirement applies where the relocated general advertising sign incorporates either static or electronic message advertising displays. In addition, a general advertising sign relocation agreement may include provisions for the sharing of revenue, as such sharing may be negotiated in the agreement.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Where removal of an existing general advertising sign is required to accommodate a public improvement or acquisition of public right-of-way, the City may enter into a general advertising sign (billboard)relocation agreement with the general advertising sign owner to facilitate relocation of that general advertising sign to alleviate the expenditure of public funds. General advertising signs relocated pursuant to this section do not need to be accompanied by a net reduction in existing general advertising sign area. The relocated general advertising sign shall have the same method of advertising and sign display dimensions. Electronic message advertising display(s) are not permitted unless the general advertising sign being relocated has electronic message advertising display(s), or the general advertising sign relocation agreement otherwise complies with the requirements of Section 30-755.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Except as provided in Section 30-758 below, only general advertising signs that are legal nonconforming general advertising signs as of the date of adoption of this article are eligible to be relocated pursuant to a general advertising sign relocation agreement.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

General advertising sign structures permanently removed within 12 months prior to the effective date of this article can be considered toward fulfillment of the net reduction requirements included in Section 30-755 where the applicant provides, at the City's request, additional consideration in the general advertising sign relocation agreement. The additional consideration is in addition to the required net reduction and may include, but shall not be limited to, providing the City advertising space on the relocated general advertising sign or additional general advertising sign removals. The exact type of additional consideration shall be open to negotiation on a case-by-case basis.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Property owned by the City shall be given preference in such relocation agreements.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Each general advertising sign relocation agreement shall contain, at a minimum, the following information:

(1) The existing location, height, sign face square footage, construction style, and remaining unamortized term of the general advertising sign structure(s) to be relocated and proof satisfactory to the City that it was legally erected (e.g., permits);

(2) The proposed (new) location and size of the general advertising sign structure(s) to be relocated;

(3) The date that the existing general advertising sign structure(s) are to be permanently removed;

(4) Design drawings for the relocated general advertising sign(s);

(5) Requirements for maintenance and repair;

(6) Operational and content requirements, including any restrictions on sign content and compliance with the Outdoor Advertising Association of America's Code of Industry Principles;

(7) Lease terms if the general advertising sign structure is to be relocated to a City-owned property; and

(8) Provisions requiring indemnification of the City, its officials, and employees.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

(a) All general advertising sign relocation agreements shall be reviewed and approved by the City Council.

(b) An application for a design review and conditional use permit shall be reviewed and approved by the Planning Commission.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Typical general advertising sign design with a large sign area mounted on a pole is not permitted. Pylon signs which are structural elements with decorative features are required. Suitable design shall be based on the following considerations:

(1) The design and size shall be integrated into the design scheme of the surrounding area and/or building;

(2) The design shall provide architectural interest for the structure;

(3) The design shall incorporate decorative features around the general advertising sign structure in proportion to the sign;

(4) The height of the structure shall be determined by a flag test mutually acceptable to the City and applicant; and

(5) The applicant shall provide information to the City regarding luminosity or brightness of the proposed electronic message signs.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

The following findings must be made by the City Council in order to approve a general advertising sign relocation agreement:

(1) The proposed relocation agreement is consistent with the goals, objectives, purposes, and provisions of the general plan, zoning and development code, and/or any applicable specific plan(s), and the County of San Bernardino I-10 Corridor Analysis (2004);

(2) The proposed relocation agreement contributes to the reduction of visual clutter in the City, or for relocations to accommodate a public project, and the proposed relocation agreement serves the public interest by eliminating the need for public fund expenditures;

(3) The area does not have excessive visual clutter and the design and size of the proposed general advertising sign will be compatible with the surrounding area;

(4) The proposed general advertising sign would not create traffic or safety hazards with regard to on-site access circulation or visibility;

(5) The proposed general advertising sign would not interfere with on-site parking or landscaping required by City ordinance or permit;

(6) The proposed relocation agreement proposes a net decrease in existing general advertising signs, resulting in a reduction in advertising square footage within the City; and

(7) The proposed general advertising sign would not otherwise result in a threat to the general health, safety, and welfare of City residents.

These findings are to also serve as general guidelines for use by applicants and the City in the identification of potential suitable relocation sites. Specific sites within suitable areas will be negotiated through the relocation agreement process.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Subsequent to the approval of a relocation agreement by the City Council, the general advertising sign and/or property owner shall file a design review sign application to relocate or reconstruct the general advertising sign (billboard) structures as authorized by the general advertising sign (billboard) relocation agreement, pursuant to the provisions of Division 4. A design review sign application shall be submitted on the appropriate forms provided by the Community Development Department accompanied by the processing fee established by resolution of the City Council. The Director of Community Development shall approve the design review general advertising sign applications if the design and the location of the proposed relocated general advertising sign is consistent with the relocated general advertising sign design and location approved as part of the relocation agreement and the design review and conditional use permit approved by the Planning Commission.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Any nonconforming general advertising sign relocated or reconstructed pursuant to an approved relocation agreement shall no longer be considered nonconforming for purposes of this article.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)