Fremont Municipal Code Art. III Permit Procedures, Appeals, and Related Matters

This article applies to all signs for which a permit is required. The internal review and appeal procedures apply to all sign-related decisions made by the zoning administrator or city, including, but not limited to, removal orders, revocation of permits, orders to abate, etc. (Ord. 2-2014 § 1, 1-14-14.)

A separate sign permit is required for each and every sign, except as otherwise provided in this chapter. No person shall locate, mount, erect, install, display or maintain any sign unless a permit is issued for the location and maintenance of such sign. A tag issued by the city indicating the sign permit number shall be affixed to the sign so as to be readily visible to inspectors of the city. (Ord. 2-2014 § 1, 1-14-14.)

A building permit is required for all freestanding signs and flag poles qualifying as structures under the building code and any signs permanently mounted or fastened to a building and any sign that requires an electrical connection for illumination. (Ord. 2-2014 § 1, 1-14-14.)

A sign initially approved and for which a permit tag is issued shall not thereafter be modified, altered or replaced, nor shall any design elements of any building or lot upon which such sign is maintained be modified, altered or replaced if the physical design elements constituted a basis for the sign approval, without an amended or new permit first being obtained pursuant to this chapter. If the original permit did not contain physical design elements, and only the copy or graphic design on the display face is changed, a new or amended permit is not required. If the physical structure of a permitted sign is changed, whether by repair, alteration, expansion, change in electrical supply, change in physical method of image presentation, change in dimension or weight, or similar factors, then a new permit or amendment to the existing permit is required. (Ord. 2-2014 § 1, 1-14-14.)

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 from time to time. 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. 2-2014 § 1, 1-14-14.)

(a) Zoning administrator approval is required in connection with the issuance of all sign permits and master sign programs, pursuant to the provisions of this chapter, except for signs subject to review and approval of the city council, planning commission or historical architectural review board (HARB). The zoning administrator may refer signs or master sign programs to the HARB or 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 projects requiring HARB, planning commission or city council review, 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. 2-2014 § 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 Zoning Permits. No sign permit will be approved if the applicant has not obtained any other applicable required zoning permits.

(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.

(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. 2-2014 § 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 to cure of not more than 30 calendar days. 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 apply anew for a sign permit or remove the sign. (Ord. 2-2014 § 1, 1-14-14.)

(a) Sign permit applicants whose application is denied in whole or in part, subject to conditions they consider to be improper, revoked or cancelled, may appeal the decision. A determination of “no action” of the approval authority at a duly noticed public meeting, including a failure of the approval authority to take action or to approve a motion either for or against the item, shall be considered a denial and would be eligible for the same appeal process as a denial. 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. 2-2014 § 1, 1-14-14; amended during 4/14 supplement; Ord. 05-2021 § 51, 4-20-21.)

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. Proc. 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. 2-2014 § 1, 1-14-14.)