Fremont Municipal Code Art. I General Provisions

This chapter may be known as the “signs on city property ordinance.” The purpose of this chapter is to regulate signs placed by private parties on properties and facilities owned by the city. For purposes of this chapter, “owned” means having the present right of possession and control. (Ord. 3-2014 § 1, 1-14-14.)

In adopting this chapter, the city acts in its proprietary capacity as to city property, as defined in Section 18.25.2600. Private parties may post or display signs on city property only in accordance with this chapter or some other authorization duly adopted by the city council. Nothing in this chapter limits the city’s ability to use its property or facilities to convey its own messages to the public, whether by way of signs or any other communication device. (Ord. 3-2014 § 1, 1-14-14.)

No city property shall function as a designated public forum for purposes of sign display unless specifically designated in this chapter or by an act of the city council. The declaration as to public forum type shall apply strictly and only to the specified area and the specified time period. (Ord. 3-2014 § 1, 1-14-14.)

See Section 18.25.2600 for definitions relating to signs in Chapter 18.193 and this chapter. (Ord. 3-2014 § 1, 1-14-14.)

Unless otherwise provided in this chapter, a sign permit is required for each and every sign placed on city property. No private party may post, mount, install, maintain or display a sign on city property without a valid sign permit unless the sign is expressly exempt from the permit requirement by this chapter or otherwise approved by the city council. An application for a sign permit shall be made in writing on a form prescribed by the zoning administrator and shall be accompanied by the required fee, in an amount established by city council resolution. The applicant shall submit plans, drawings and other supporting data as determined necessary by the zoning administrator. The zoning administrator shall establish and maintain a submittal requirement checklist for sign permit applications. (Ord. 3-2014 § 1, 1-14-14.)

(a) Zoning administrator approval is required in connection with the issuance of all sign permits pursuant to Articles I and II of this chapter. The zoning administrator may refer sign permit applications to the planning commission for review and approval.

(b) Conditional Approval. A sign permit application may be approved subject to conditions, so long as the purpose of the conditions is to satisfy requirements of this chapter or some other applicable law, rule, regulation or general plan policy.

(c) Inspections. All signs subject to a building permit require final inspection and approval by the building division.

(d) Permit Denials. All sign permit denials shall be in writing, state the grounds for denial, and be sent or delivered to the address shown on the application.

(e) Time Limits. Signs subject to approval at the staff level shall be reviewed and acted upon within 30 calendar days of the application being deemed complete. For applications referred to the planning commission, the application will be scheduled for the next available agenda that provides adequate time for report preparation and noticing, but in any event within 60 calendar days of the application being deemed complete. Upon conclusion of the final hearing, the application shall be acted upon within 30 days. The timely decision requirement may be waived by the applicant. If a written decision is not rendered within the required time, then the application shall be deemed denied. (Ord. 3-2014 § 1, 1-14-14.)

(a) Completeness. Within 30 calendar days of initial submission, the zoning administrator shall determine whether the application contains all the information and items required by this chapter and other applicable law. If the application is incomplete, the applicant shall be so notified in writing, stating the reasons therefor and specifically listing any and all additional information necessary to render the application complete. The applicant shall then have one opportunity, within 30 calendar days, to submit the necessary information to render the application complete; failure to do so within the 30-day period shall render the application void. Submission of information to render the application complete does not require that the application fee be paid again.

(b) Disqualification. Sign permit applications will not be approved under any of the following circumstances:

(1) Uncured Violation of Sign Rules. No sign permit will be approved if a sign has been installed in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or a cure included in the application.

(2) Other Code Violations. No sign permit will be approved if there is any other existing zoning code violation(s) located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the proposed new sign.

(3) Previous Denial. No sign permit will be approved if the sign approval application is substantially the same as an application previously denied, unless either 12 months have elapsed since the date of the last application, or the applicant provides new evidence or proof of materially changed conditions, or the reasons for the earlier denial have been cured or will be cured as part of the new application.

(4) Failure to Obtain Other Permits. No sign permit will be approved if the applicant has not obtained any other applicable required city permit.

(5) Outstanding Unpaid Balance. No sign permit will be approved if the applicant or property owner has an outstanding unpaid balance for prior city development review services, unpaid taxes, fees or other charges.

(c) Multiple Signs Application. When an applicant proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the decision maker’s written notice of decision shall specify the grounds for such denial. (Ord. 3-2014 § 1, 1-14-14.)

(a) Noncompliance. The zoning administrator shall revoke any approval or sign permit upon refusal of the holder thereof to comply with the provisions of the permit or this chapter, after written notice of noncompliance and an opportunity of at least 15 calendar days duration to cure. The time delay and opportunity to cure does not apply when the sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

(b) Permits Issued in Error. Any approval or sign permit issued in error may be summarily revoked by the zoning administrator upon written notice to the holder of the reason for the revocation. Upon such revocation, the applicant must submit a new sign permit application or remove the sign. (Ord. 3-2014 § 1, 1-14-14.)

(a) Sign permit applicants whose application is denied in whole or in part, is subject to conditions they consider to be improper or whose sign permit has been revoked or cancelled may appeal the decision. The appeal right arises at the earlier of: (1) the date of delivery to the applicant of a written notice of decision; or (2) the time for decision has run without a written decision and without a waiver of the time requirement. In this context, “delivered” means personally delivered or placed in the U.S. mail, whichever occurs first. Written notice of appeal shall be delivered to the secretary of the planning commission, stating in plain terms the matter appealed from and the grounds for appeal.

(b) The applicant may appeal any sign permit decision or appeal to the next level of review, pursuant to the procedures set forth in Chapter 18.300.

(c) During the review and/or appeal process, the present condition(s) of the subject sign(s) shall be maintained, except when a sign, by virtue of its physical condition, constitutes a significant and immediate threat to public safety.

(d) Time Limits for Decision upon Appeal. At each level of appeal, the decision of the appellate body shall be rendered in writing. Appeals will be scheduled for the next available agenda that provides adequate time for report preparation and noticing, but in any event within 60 calendar days of receipt of the notice of appeal. Time for decision may be waived by the appellant. (Ord. 3-2014 § 1, 1-14-14; amended during 4/14 supplement.)

Following final decision by the city council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to Cal. Civ. Code § 1094.5, 1094.6 or 1094.8, as applicable. Judicial review must be filed within the time limits specified by the applicable provisions of California law. (Ord. 3-2014 § 1, 1-14-14.)

Any private party sign posted, displayed or installed on city property without a valid sign permit may be summarily removed as a trespass and a nuisance by the city. Sign owners whose unauthorized signs are removed by the city may be charged for all costs associated with the removal. The sign owner, if known, will be notified that the sign(s) have been removed and will be given 30 days to retrieve the sign(s). The city may destroy or dispose of the sign(s) after 30 days if there is no response to the notification. (Ord. 3-2014 § 1, 1-14-14.)