Article VII — Signs within Industrial Land Use Designations

This article applies to signs within industrial land use designations as defined by the general plan. (Ord. 2-2014 § 1, 1-14-14.)

The basic permittable area (BPA) is calculated by the street frontage multiplied by a factor stated in Table 18.193.610. Each street frontage creates its own BPA. Alleys and private driveways do not count as street frontage. BPA may not be transferred from one frontage to another. (Ord. 2-2014 § 1, 1- 14-14.)

Table 18.193.610 lists the permissible types of permanent signs within industrial land use designations as defined by the general plan and the type of permit process which applies. All area allowances apply separately to each street frontage. Permanent signs in a planned district should also adhere to any city approved design guidelines.

Table 18.193.610

Permissible Sign Types and Corresponding Permit Type within Industrial Land Use Designations

(Ord. 2-2014 § 1, 1-14-14; Ord. 28-2014 § 6, 9-9-14.)

A multi-story building may be authorized building signage within the allowances provided by Table 18.193.610. Such signs may be located on the ground floor or top floor but shall not be located on intervening floors. If the building contains multiple tenants, signage for tenants shall be provided via ground floor directories and freestanding/monument signs. (Ord. 2-2014 § 1, 1-14-14.)

A master sign program is required to address sign placement among tenants and prospective tenants. Master sign programs must address prospective changes in tenancy over time, including the potential for additional tenants and tenant space divisions. (Ord. 2-2014 § 1, 1-14-14.)

(a) Notwithstanding any other provision in this article, within the industrial area portion of the Fremont merged redevelopment project area, one freestanding sign may be installed and operated as a “slide show” type electronically changeable image sign adjacent to a freeway; such sign may be installed between 130 and 220 feet of freeway centerline and may be used for advertising only those establishments located within the boundaries of the industrial area or the display of noncommercial messages.

(b) As used in this section, “electronically changeable image sign” means a sign on which the displayed image may be changed by an electronic control system, so as to present to the viewing public a series of still images, similar to a traditional “slide show.” Such signs are sometimes called digital signs or electronic reader boards. This definition does not include display methods for a constantly moving image, such as television or a motion picture.

(c) Any sign allowed by this section shall be subject to the approval of a conditional use permit as set forth in Chapter 18.230, except that the city council shall be the approving body. The city council shall review the proposed sign for conformity with the following standards:

• (1) Sign height (including projections): 72 feet maximum.

• (2) Sign width (perpendicular to freeway): 50 feet maximum.

• (3) Sign width (parallel to freeway): 20 feet maximum.

• (4) Sign illumination: LED (light emitting diode) or functionally equivalent low energy usage.

(5) Sign image duration and display criteria for main screens:

(A) Image hold time shall be a minimum of eight seconds per still image or Caltrans standard, whichever is greater.

(B) Transitions shall be gradual (e.g., images shall fade in and out). There shall be no abrupt changes in images or lighting levels.

(C) Screens shall be turned off between 1:30 a.m. and 5:30 a.m. daily. Remainder of the sign may remain lit.

(6) Aesthetic and other considerations:

(A) Any sign allowed by this section shall be compatible with the surrounding area, namely the form, proportion, architectural scale in proportion to other nearby buildings and structures, materials, surface treatment, and overall sign size.

(B) The location and placement of the sign shall not endanger motorists.

(C) The sign’s lighting shall not cause hazardous or unsafe driving conditions for motorists, such as by glare or reflection.

(D) The sign shall not cover or blanket any prominent view of a structure or facade of historical or architectural significance. (Ord. 2-2014 § 1, 1-1414.)

Article VIII. Signs within Open Space Land Use Designations

This article applies to signs for legal uses on land designated open space as defined by the general plan. (Ord. 2-2014 § 1, 1-14-14.)

Signs for legal residential uses on land designated open space are subject to the rules applicable to residential buildings with less than 10 units set forth in Table 18.193.700. (Ord. 2-2014 § 1, 1-14-14.)

The following sign types and regulations are permitted for nonresidential uses within open space land use designations:

(a) Wall Signs. One square foot of sign area per foot of building frontage up to a maximum of 130 square feet.

(b) Freestanding Monument Signs. Freestanding monument signs may not exceed five feet in height or seven feet with decorative base with a maximum of 30 square feet of sign area per side and a maximum of two sides of sign copy.

(c) Temporary Signs. Temporary signs are allowed for nonresidential uses within open space land use designations, subject to the following regulations:

(1) Size: The total display area for temporary signs allowed at any one time is up to a maximum of 64 square feet.

(2) Number: maximum one per street frontage.

(3) Height: maximum eight feet above grade.

(4) Display time: Temporary signs are allowed in increments of 15 days but in no case may the number of days per calendar year that temporary signs may be displayed exceed a cumulative total of 45 days. Temporary real estate signs may be displayed during the sale period but must be removed within 15 days of the close of escrow.

(5) Location: Temporary signs may be affixed to a door, window or building wall below the roof eve or parapet wall, but not to trees or other landscape structures. Real estate signs may also be freestanding.

(6) Illumination: not allowed.

(e) Temporary Signs Displayed During the Election Period. In addition to the noncommercial signs allowed under the message substitution policy, temporary signs displaying any variety of noncommercial constitutionally protected speech may be displayed without a sign permit during the election period defined in Section 18.25.2600 and may be freestanding or mounted on a building wall. On vacant sites, such signs may only be placed with an approved sign permit that incorporates the owner’s consent. Since no buildings are located on the property, such signs may be either freestanding or fence-mounted. The maximum cumulative display area for temporary signs during the election period is 100 square feet of the area allowed for wall signs. Except as specifically provided in this subsection, all other structural and locational rules apply. This subsection does not authorize private parties to place temporary signs on city property or the public right-of-way. Such signs are regulated by Chapter 18.194.

(f) Flags. Nonresidential uses in open space land use designations may display flags at any time. Flags do not count toward basic permittable area. Only establishments with more than 30 feet of street frontage may erect flag poles, subject to the following provisions:

(1) Maximum number of flag poles: three per street frontage.

• (2) Maximum number of flags: not limited (see “maximum display area”).

• (3) Maximum height of flag poles: the same as the allowable building height within the applicable zoning district.

• (4) Maximum display area for all flags (measured on one side only):

• (A) Lots under one acre: 45 square feet.

• (B) Lots between one and 10 acres: 72 square feet.

• (C) Lots over 10 acres: 150 square feet.

(5) Other requirements: Flags may not be used to display off-site commercial images, or used for general advertising for hire. Flags may be mounted on poles or attached to walls via a projecting arm that holds the flag wherein the top of the projecting arm does not exceed the roof eave. (Ord. 2-2014 § 1, 1-14-14.)

• (a) Illuminated signs.

• (b) Freestanding pole signs.

• (c) Off-site commercial and general advertising for hire message types. (Ord. 2-2014 § 1, 1-14-14.)

Article IX. Signs for Residential Land Uses within All Land Use Designations

This article applies to all legal residential land uses, regardless of land use designation. However, it does not apply to “hospitality” type uses, such as hotels, motels, and “bed and breakfast” establishments, which are regulated as commercial uses. Nor does it apply to unsold housing units in tract housing developments. The rules stated in this article do not override private party contracts, such as rental agreements or leases. Accessory dwelling facilities, such as detached guest houses, junior accessory dwelling units and accessory dwelling units, separate studios or workshops, and similar uses, do not have separate sign rights; rather, they share the sign rights of the principal unit, as determined by the private owner. Regulations for legal nonresidential land uses in residential land use designations are set forth in the commercial and mixed-use rules.

Subject to owner’s consent, state law, and the following rules, signs may be mounted and displayed on all legal dwelling units at all times and in all zones. These rules are adopted to balance the interests in free speech and expression by sign display against the interests in maintaining quiet, peaceful and visually uncluttered residential neighborhoods. (Ord. 2-2014 § 1, 1-14-14; Ord. 01-2017 § 17, 1-3-17; Ord. 09-2020 § 11, 10-6-20.)

Table 18.193.700 lists the permissible types of signs and standards for residential buildings within residential land use designations as defined by the general plan. All area allowances apply separately to each dwelling unit, building or building complex, but do not apply to accessory buildings except a management office. Additionally, illuminated or nonilluminated address indicators and warning signs are exempt from these standards. Signs that contain maps that identify unit locations within multi-unit developments are also exempt from these standards.

Table 18.193.700

Table of Permissible Sign Types and Standards for Residential Buildings

• (Ord. 2-2014 § 1, 1-14-14; Ord. 23-2018 § 37, 10-2-18.)

Two signs may be allowed for a church, school, community center, or other public or institutional use. One sign may be up to 18 square feet and mounted on a building wall and the other may be up to 36 square feet and freestanding; provided, that the top of the sign does not exceed a height of six feet from the finished grade of the lot. (Ord. 28-2014 § 6, 9-9-2014.)

In addition to the noncommercial signs allowed under the message substitution policy, temporary signs displaying any variety of constitutionally protected noncommercial speech may be displayed without a sign permit during the election time period defined in Section 18.25.2600 and may be freestanding or mounted on a building wall. On vacant sites, such signs may only be placed with an approved sign permit that incorporates the owner’s consent. Since no buildings are located on the property, such signs may be either freestanding or fence-mounted. The maximum cumulative display area for temporary signs during the election period is 15 square feet per residential unit. So long as the total cumulative area limit is not exceeded, there is no limit on the number of temporary signs displayed on legal residential uses during the election period. This subsection does not authorize private parties to place temporary signs on city property or the public right-of-way. Such signs are regulated by Chapter 18.194. (Ord. 2-2014 § 1, 1-1414.)

This section applies to housing projects for four or more dwelling units that are under construction or for sale during their initial sales campaign, or have units for rent.

(a) On-site Construction or Sales Office Signage. The following standards apply to on-site construction or sales office signage:

• (1) Size: maximum of 32 square feet per sign face.

• (2) Number: maximum one per street frontage.

• (3) Height: maximum eight feet above grade.

(4) Display time: Signs authorized by this article may be installed and displayed only during a time which begins when final building permits have been issued and ends when the project receives final inspection approval, certifcate of occupancy, accepted notice of completion, or the functional equivalent of any of them.

• (5) Illumination: not allowed.

• (6) Message types: General advertising for hire is prohibited.

• (7) Physical type and location: freestanding or attached to wall or fence.

• (8) Flags: maximum of five flags per housing project wherein the total area of all flags does not exceed 45 square feet (measured on one side only).

(9) Additional signage: In addition to the BPA, certain other signs may be displayed as necessary. These include warning signs, construction hour limitations, directional signs, and identification of locations and facilities.

(b) Individual Dwelling Units. For dwelling units where the sale has not yet closed, address indicators and one sign per dwelling unit, not exceeding six square feet, shall be allowed.

(c) Off-Site Signs. A total of four off-site signs promoting sales at the development may be installed and displayed during the initial sales campaign for the project. The area of each sign shall be limited to 32 square feet (measured one side) when located on property not used or developed with residential uses and four square feet when located on property used for residential purposes. The maximum height of each sign shall be no greater than eight feet from grade. The maximum number of signs located on an off-site parcel shall not exceed one per street frontage. Such signs may not be displayed after the sale of the last available unit has closed.

(d) Apartments for Rent. On-premises signs advertising an apartment or apartments for lease or rent are permitted subject to the following regulations; provided, that signs designated temporary in this subsection shall only be displayed while an apartment is available:

(1) Where a permanent freestanding identification sign exists that can accommodate the advertising for lease or rent: Advertising copy shall be placed on that sign;

(2) Where a permanent freestanding identification sign exists that cannot accommodate advertising for lease or rent within the existing sign area: One temporary sign is permitted advertising an apartment for lease or rent attached to the permanent sign and projecting above or below it;

(3) Where no permanent freestanding identification sign exists: One temporary sign advertising an apartment or apartments for lease or rent per street frontage is permitted. Such sign may be freestanding, with a maximum height of three feet, or may be integral with a building. The maximum sign area shall be three square feet. (Ord. 2-2014 § 1, 1-14-14; Ord. 23-2018 § 38, 10-2-18.)

Permanent signs identifying a neighborhood or development project may be installed on land owned by the developer or the homeowners’ association, or other private land with owner’s consent subject to approval of a master sign program. The following standards apply to permanent neighborhood identification signs:

• (a) Maximum number: one or (one pair) per major street entrance.

• (b) Maximum height: six feet.

(c) Maximum size: 18 square feet of total sign area. Low architectural walls or monument bases are not included in the sign area.

• (d) Illumination is permitted, excepting therefrom exposed lighting sources.

(e) Location: Entry signs and monuments should generally be installed outside of the public right-of-way and any utility easements.

(f) Type: monument or wall-mounted. (Ord. 2-2014 § 1, 1-14-14.)

The following are prohibited within residential land use designations or on property used exclusively for residential purposes:

• (a) General advertising for hire.

• (b) Messages outside First Amendment protection and those prohibited by law.

• (c) Illumination, except as otherwise allowed by this chapter.

• (d) Animated signs.

• (f) Signs containing commercial messages except for real estate signs (as described in Cal. Civ. Code § 713) and garage sale signs.

(g) Signs advertising home-based occupations unless the unit is designated as a live-work unit in a mixed-use project. (Ord. 2-2014 § 1, 1-14-14.)

Article X. Master Sign Program

General. In accordance with the provisions herein, signs may be allowed in commercial, industrial and residential designations and for quasi-public and public uses in any land use designation as part of a comprehensive master sign program, notwithstanding that such signs do not conform to all the specific regulations applicable in general to freestanding signs, building signs, and other signs allowed pursuant to this chapter. Master sign programs are required to ensure that adequate signage is provided to all prospective tenants within multi-tenant buildings. Exceptions to the general sign regulations may include, but are not necessarily limited to, the number of signs, height, location, sign area and illumination; provided, however, that notwithstanding the authority of the zoning administrator to approve such specific exceptions, a master sign program shall be in substantial compliance with the general sign regulations, and the zoning administrator or other approval authority shall find that each and all such exceptions will accomplish the general objectives of these regulations. A master sign program may not be used to display sign types that are prohibited. Master sign programs are applicable to multiple establishments within a single development only. (Ord. 2-2014 § 1, 1-14-14.)

In addition to basic sign application requirements, an application for a master sign program shall be accompanied by the following documents:

(a) Coverage area: a map, drawn to scale, delineating the site proposed to be included within the master sign program.

(b) Building elevations: drawings and/or sketches indicating the exterior surface design details of the buildings upon the site.

(c) Signing: drawings, drawn to scale, indicating the size, materials, method and intensity of illumination, height, color, sign area and general location of all signs both existing and proposed. (Ord. 2-2014 § 1, 1-14-14.)

The zoning administrator shall, prior to the approval of a master sign program, make the following findings in regard to the design of the signs to be maintained upon the site:

(a) Architectural design: that each sign will visually relate the sign to the architectural style of the main building or buildings upon the site, and to the extent not inconsistent with such style, that the sign(s) will be compatible with the style or character of existing improvements upon lots adjacent to the site; provided, that signs maintained upon any isolated commercial site located within and integral with a predominantly residential area are designed to be compatible with the residential character of such area.

(b) Relationship to buildings: that consistent with such architectural design, each sign is designed to incorporate at least one of the predominant visual elements, such as type of construction material, color or other design details; that any signs maintained upon a building have dimensions which are proportional to and visually balanced with the building facade of the side of the building upon which such sign is maintained.

(c) Relationship to other signs: that each sign is well related to all other signs maintained on the site that is the subject of the master sign program by the incorporation of not less than four of the following seven identical elements:

(1) Materials;

(2) Letter style of sign copy;

(3) Color;

(4) Illumination;

(5) Method used for structural support or attachment;

(6) Technical details of sign construction;

(7) Shape of entire sign and its several components.

(d) Sign copy: that the sign copy for each sign is either:

(1) Composed entirely of individual letters, a logo or symbol; or

(2) The sign copy, exclusive of decorative color or other background material, does not exceed 40 percent of the sign area.

(e) Sign area for signs affixed to buildings: that the sign area of all sign(s) affixed to a building does not exceed 10 percent of the building facade upon which such sign(s) are maintained.

(f) Signs affixed to buildings above the eave line: that any sign which is maintained above the eave line is designed to be an integral feature of the building architecture.

(g) Signs affixed to buildings below a canopy, arcade, marquee or other similar building projection: that the sign does not contain more than three square feet of sign area and is maintained on a building frontage proximate to an entrance to the building. (Ord. 2-2014 § 1, 1-14-14.)

The zoning administrator may attach appropriate and reasonable conditions to any approval of the master sign program, including, but not limited to, conditions which alter sign configurations, reduce the sign area, relocate signs upon the lot or buildings, or require other design modifications. (Ord. 2- 2014 § 1, 1-14-14.)