La Mesa Municipal Code Ch. 15.10 Signs

(a) Title. This chapter shall be known as the "Sign Ordinance."

(b) Purpose. It is the purpose of this chapter is to establish a comprehensive system for the regulation of signs in the city of La Mesa.

(c) Intent. In adopting this sign ordinance, the city intends to balance the needs for signs as means of expressing persuasive messages and conveying functional information against the need to protect the visual environment from excessive or inappropriate signage.

(d) Importance. Signs are an important design element of the physical and visual environment. Regulations consistent with the goals and objectives of the community are necessary to ensure that the character and image for which the community is striving can be attained. It is the purpose of this chapter to make La Mesa visually attractive to residents, visitors, and commercial, industrial and professional concerns while maintaining economic stability through effective sign regulation.

(Ord. 2734 § 1 (part), August 26, 2003: Ord. 2744 § 1 (part), April 27, 2004)

(a) Regulatory scope. This chapter regulates signs, as defined herein, which are located on private land and land which is owned by a public entity other than the city of La Mesa and over which the city of La Mesa has zoning or other land use regulatory authority, which is located within the corporate limits of the city of La Mesa, California. Signs on land owned or controlled by the city are subject to a policy adopted by city council.

(b) Interests to be served; goals. The interests to be served by this chapter include, but are not necessarily limited to, community esthetics, traffic and pedestrian safety, the promotion of tourism and commerce, and the overall quality of life as affected by signs. Specifically, the goals of this chapter are to:

(1) Protect the general public health, safety, and welfare;

(2) Advance the goals, policies and strategies of the general plan;

(3) Reduce traffic and safety hazards;

(4) Provide directional and destination information to various activities and land uses, in order to serve the public convenience;

(5) Establish regulations which strive to express the community's pride, design standards, vitality, diversity, originality, culture, and sense of order, giving it a distinctive appearance and reinforcing the character of La Mesa.

(6) Encourage signs which are well designed and pleasing in appearance, and to provide incentive and latitude for the proper, good design relationship between signs, businesses, buildings, and other uses.

(7) Provide uniform standards which promote fair competition and unique identification within the business community.

(8) Provide clear regulations which provide fair notice, and provide review procedures for any individual action or program undertaken to enforce the requirements of this Chapter.

(9) Provide opportunities for residents to express their thoughts and sentiments on noncommercial topics, and to display real estate signs, at their residences.

(10) Comply with state and federal laws requiring the posting of signs and notices.

(Ord. 2734 § 1 (part), August 26, 2003: Ord. 2744 § 1 (part), April 27, 2004)

The provisions and policies stated in this section apply to all signs within the regulatory scope of this chapter, and override any more specific provisions to the contrary contained anywhere within this chapter.

(a) Message neutrality. It is the city's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs.

(b) Regulatory interpretations. All regulatory interpretations of this chapter are to be exercised in light of the city's message neutrality policy. Whenever any sign permit or other authorization is subject to a discretionary review, such review shall not consider the message content of the sign, other than whether any proposed commercial messages thereon are offsite or onsite. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the building code, then the director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this chapter.

(c) Substitution of messages. Subject to the land owner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel or land use, nor does it affect the requirement that a sign structure or mounting device be properly permitted. This provision does not allow for the substitution of an offsite commercial message in place of an onsite commercial message.

(d) Rules for non-communicative aspects of signs. All rules and regulations concerning the non-communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

(e) Billboard policy. The city completely prohibits the construction, erection or use of any billboards, as defined in this chapter, other than those which legally exist in the city, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. The city adopts this policy pursuant to California Government Code section 65850, California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). No permit shall be issued for any billboard which violates this policy, and the city will take immediate abatement action against any billboard constructed or maintained in violation of this policy. The city council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The city council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards, as encouraged by California Business and Professions Code section 5412.

(f) Multiple use zones. In any zone where both residential and non-residential uses are allowed, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in a residential zone, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.

(g) Owner's consent. No sign may be displayed on real or tangible personal property without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

(h) Sign rights and duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this chapter).

(i) Safety codes. In addition to the requirements of this chapter, all signs displayed in the city must comply with all applicable safety codes, such as building, plumbing, electrical, mechanical, grading, fire, etc.

(j) Other law. All signs displayed in La Mesa must comply with the requirements of this chapter and the requirements of all other applicable law.

(k) Permit requirement. It is illegal to display any sign within the limits of the city of La Mesa without a sign permit, unless the particular sign is expressly exempted from the permit requirement by a provision of this chapter.

(l) Severance. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the city council affirmatively declares that it would have approved and adopted the chapter even without any portion which may be held invalid or unenforceable.

(Ord. 2734 § 1 (part), August 26, 2003: Ord. 2744 § 1 (part), April 27, 2004)

As used in this chapter, the following terms have the meanings given in this section.

(a) "Advertise" means any notice to the public for the purpose of identifying a business or development, announcing the availability of a service or product, or making claims as to the value or quality of any service or product.

(b) "Advertising structure" means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary used for advertising purposes. However, advertising structure does not include.

(1) Official notices issued by any court or public body or officer;

(2) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice;

(3) Directional warning or information structures required by or authorized by law or by federal, state, or local authority;

(4) A structure erected near a city, county, or neighborhood boundary which contains information regarding the name of said jurisdiction or area, or civic, fraternal, or religious organizations located therein.

(c) "Alteration" means any change of copy, color, size, shape, illumination, position, location or modification to the sign structure other than routine maintenance.

(d) "Animated sign" means a sign with action or motion, flashing color changes, or optical illusion requiring electrical energy or movement.

(e) "Area (of a sign)" means the area of a sign shall include the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure, or character, together with any other material or color forming an integral part of the display or used to differentiate such sign from the background on which it is placed. The area of a sign having no such perimeter shall be computed by enclosing the entire area within parallelograms and triangles in a size sufficient to cover the entire area and computing the size of such area. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background or communicative aspects of the sign. In the case of any cylindrical sign, the total area shall be computed on the total area of the surface of the sign.

(f) "Awning sign" means a sign painted on or attached to an awning.

(g) "Banner, flag, pennant, or balloon" means any cloth, bunting, plastic, paper, or similar material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, or vehicle.

(h) "Billboard" means a permanent structure sign used for the display of offsite commercial messages, commonly called outdoor advertising.

(i) "Building face and/or frontage" means the horizontal distance of the front building elevation in which the business is located and which faces a public street. If more than one business is located in a single building, then such area shall be limited to that portion which is occupied by each individual business frontage.

(j) "Business center" means a development consisting of three or more businesses in which businesses and structures are designed as an architecturally integrated and interrelated development. Such design is independent of the number of structures, lots, or parcels making up the center.

(k) "Canopy" means a permanent roof-like structure extending from part or all of a building face and constructed as a permanent part of the building.

(l) "Canopy sign" means a wall sign attached to the face of a canopy but not projecting above the top of the canopy.

(m) "City" means the city of La Mesa, California.

(n) "Commercial mascot" means a person or animal dressed or decorated with commercial costuming or imagery and used for commercial promotion purposes. Includes sign spinners, sign clowns, sign twirlers, and persons or animals holding or personally attending commercial message signs.

(o) "Comprehensive sign program" means a unified sign program developed to integrate signs with building and landscaping design to achieve architectural unity.

(p) "Construction or contractor sign" means a temporary sign located within a construction site identifying the architect, engineer, designer, contractor, developer, lender or future occupant of the project.

(q) "Convenience sign" means a sign which conveys information such as "restrooms," "no parking," or "entrance/exit" without the business identification. It shall not contain brand, trade, or advertising and shall be designed to be viewed primarily on-site by pedestrians and/or motorists.

(r) "Copy" means any words, letters, numbers, figures, logos, designs or other symbolic representations incorporated into a sign.

(s) "Director" means the city's director of community development, or designee.

(t) "Directional sign" means a sign which contains words such as "entrance," "enter," "exit," "in," "out," or other direction commands, with or without business identification, or a sign containing arrows or characters indicating traffic directions and used either in conjunction with such words or separately. Directional signs shall not contain advertising.

(u) "Directory sign" means a sign located in a multi-tenant complex which lists tenants within the building, complex or development and the address of the site.

(v) "Establishment" means a nonresidential use of land involving persons and structures. By way of example and not limitation, "establishment" includes stores, offices, churches, hospitals, manufacturing facilities, etc. Does not include home based occupations or hobbies.

(w) "Flag" means a piece of cloth or other flexible material which is used as a symbol, standard, signal or emblem.

(x) "Flashing sign" means any sign which contains or is illuminated by lights which are intermittently on and off, which change intensity or color, or which create the illusion of motion in any manner, including animated signs.

(y) "Freestanding sign" means a sign which is permanently supported by one or more uprights, braces, poles, or other similar structural components that is not attached to the building or buildings which it defines.

(z) "Frontage" means the length of the horizontal distance of a property parallel to and adjacent to a dedicated and improved public street.

(aa) "Future tenant identification sign" means a temporary sign which identifies a future use of a site or building.

(bb) "General advertising" means the business of renting or otherwise providing display space to commercial advertisers located other than the place where the advertising will be displayed.

(cc) "Grand opening signs" mean signs which may consist of banners, streamers, flags, and balloons which are affixed to the primary building wall containing a main entrance to a business or other establishment displayed within a two week period after it has opened or reopened following a shutdown. For purposes of this chapter, a new establishment shall be considered any business which has obtained a new business license for a business not previously located at this address or for a distinct change of name for a business.

(dd) "Governmental signs" mean signs by which a governmental entity provides notice to the public. Such signs typically indicate traffic rules, directions and distances, and notices of public hearings, etc.

(ee) "Hand held sign" means a sign that is held or otherwise mounted on a person or an animal, or a device attached to a person or animal.

(ff) "Height of a sign" means the vertical distance measured from (a) the finished grade of the sidewalk when located within the required setback area; or (b) the grade at which the sign supports intersect the ground when located beyond the required setback area, to the top of the uppermost feature of the sign.

(gg) "Illuminated sign" means any sign for which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs and reflectorized, glowing, or radiating signs.

(hh) "Illegal sign" means any sign placed without the proper government approval and/or permits required by the city of La Mesa Municipal Code at the time said sign was placed. Illegal signs shall also mean any nonconforming sign which has exceeded its authorized amortization period.

(ii) "Inflatable object sign" means any object which is inflated or activated by air or forced gas, and is used for advertising purposes.

(jj) "Inoperative establishment" means an establishment that has ceased operation, except for temporary closures for repairs, alterations or other similar situations at any given location for a period of thirty days or more.

(kk) "Interior sign" means a sign inside of a business that is not intended to be read or visible from outside the building in which the business is located.

(ll) "Legally required signs" mean those signs which are required to be placed or displayed, by a body of law other than this chapter. By way of example only, such signs typically includes notices of eviction or condemnation, notice of change of ownership, etc.

(mm) "Logo" means a trademark or symbol used to identify a business.

(nn) "Marquee sign" means a permanent roofed structure attached to and supported by the building and projecting beyond the building face of a motion picture theater or playhouse theater.

(oo) "Monument sign" means a low profile free standing sign, with its base resting on the ground, incorporating the design and building materials complementary to the architectural theme of the buildings on the same property, and limited to a maximum of two sign faces.

(pp) "Noncommercial message" means a message which does not qualify as commercial message. Noncommercial messages typically express opinions or viewpoints on topics such as religion, politics, social philosophy, and other matters of public debate.

(qq) "Nonconforming sign" means a sign which was legally installed under laws or ordinances in effect at the time of the installation, but which does not comply with the provisions of this chapter.

(rr) "Offsite sign (or off-premise sign)" means a sign which advertises or directs attention to products or activities that are not provided on the parcel upon which the sign is located. Bus benches with advertising are not included within this definition. For purposes of this chapter, the onsite/offsite distinction applies only to commercial messages; all signs with noncommercial messages shall be deemed to be onsite, regardless of location.

(ss) "Off-premises subdivision sign" means a sign in accordance with this chapter, which directs traffic to a residential subdivision or development within the city of La Mesa.

(tt) "Onsite sign (or on-premises sign)" means any commercial sign which directs attention to a commercial or industrial occupancy, establishment, commodity, good, product, service or other commercial or industrial activity conducted, sold or offered upon the site where the sign is maintained. The onsite/offsite distinction applies only to commercial message signs. For purposes of this chapter, all signs with noncommercial speech messages shall be deemed to be "onsite," regardless of location.

(uu) "Owner's consent" means the consent or permission of the owner of land or tangible personal property for the display of a sign thereon. For purposes of this definition, landowner means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. In the case of personal property to which a sign is attached, the landowner's consent means the permission of the owner of such personal property.

(vv) "Painted sign" means a building wall sign advertising a business, product or service by means of painting the copy and all related material directly upon the wall, marquee or other material attached to the building in a manner which gives the appearance of being part of a wall or marquee.

(ww) "Permanent sign" means a sign which by virtue of its construction materials and methods is intended to remain unchanged in character, construction, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall or building.

(xx) "Person" means a natural human being or any legally recognized entity which is capable of contracting or doing business, including partnerships of every legal variety, corporations, associations (whether incorporated or not), foundations, trusts, limited liability companies, etc.

(yy) "Pole sign" means a freestanding sign which is supported by a structure that is less than fifty percent of the width of its sign face, including one or more upright, poles or braces in or upon the ground and not attached to any part of a building, and limited to a maximum of two sign faces.

(zz) "Portable sign" means a sign not attached or not designed to be permanently attached to a structure or to the ground.

(aaa) "Principal use" means, in the context of this chapter, a sign is a principal, as opposed to an accessory, use on the parcel or lot where it is located, or proposed to be located.

(bbb) "Project entrance sign" mean an on-premise sign identifying the name of an apartment complex, mobile home park, condominium, subdivision or planned residential development.

(ccc) "Projecting sign" means a sign which projects from and is supported or attached to a wall or face of a building.

(ddd) "Public right-of-way" means a strip of land acquired by reservation, dedication, acquisition, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other public uses.

(eee) "Readerboard or changeable copy sign" means a sign intended for a periodically changing advertising message; a sign on which copy is electrically changeable or consists of track to hold manually changeable letters.

(fff) "Real estate sign" means a temporary sign providing information about the sale, lease or other proposed economic transaction of the property upon which it is located. Does not include signs displaying information about short term occupancy, such as hotel and motel signs.

(ggg) "Revolving sign" means a freestanding pole sign which all or a portion of may slowly rotate on a constant basis.

(hhh) "Roof" means the external covering of a building or structure above or covering any exterior or interior vertical wall height.

(iii) "Roofline" means the top edge of the roof or top of the parapet, whichever forms the top line of the building face or frontage.

(jjj) "Roof sign" means a sign erected, constructed, or placed upon or over a roof, or placed so as to extend over or above the roofline, which is wholly or partly supported by such buildings, not including a mansard roof or canopy if it is architecturally integrated with the roof.

(kkk) "Safety codes" mean those regulatory and administrative codes which have been duly adopted by the city, or which apply in the city, and which are currently in effect, which regulate matters of safe development and construction, such as, by way of example and not limitation, grading, mechanical, building, electrical and plumbing codes.

(lll) "Shopping center" means a group of three or more businesses located on the same development site.

(mmm) "Shopping center sign program" means a unified sign program established to identify a center and integrate signs for those businesses located within a shopping center.

(nnn) "Sign" means any mark on any card, cloth, paper, metal, or painted character visible from outside of a structure, mounted to the ground or any tree, wall, bush, rock, fence, or structure, either privately or publicly owned. The word "sign" also includes any graphic announcement, declaration, demonstration, display, illustration, or insignia used to promote the interest of any person when the same is placed out of doors in view of the general public. However, the following are excluded from the definition of "sign" for the regulatory purposes of this chapter:

(1) Official notices issued by any court or public body or officer;

(2) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice;

(3) Directional warning or information structures required by or authorized by law or by federal, state, or local authority;

(4) A structure erected near a city, county, or neighborhood boundary which contains information regarding (the name of said jurisdiction or area, or) civic, fraternal, or religious organizations located therein;

(5) Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal;

(6) Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);

(7) Symbols in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal;

(8) Personal appearance. Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots);

(9) Manufacturers' marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;

(10) Fireworks, etc.. the legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter;

(11) Mass transit signage. Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the city;

(12) Grave stones or grave markers;

(13) Memorial tablets, plaques and directional signs for community historical resources;

(14) Newsracks and newsstands;

(15) Seasonal and holiday decorations.

(ooo) "Sign face" means the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.

(ppp) "Sign structure" means any structure which supports or is designed to support any sign as defined in this chapter.

(qqq) "Sign value" means the current cost of construction of the sign, as reasonably estimated by the director, assuming the sign meets the standards established by International Conference of Building Officials and as adopted periodically by the city council.

(rrr) "Special event sign" means a temporary sign advertising special events and activities such as grand openings and charitable or community events.

(sss) "Statuary" means statues or sculptures that depict products, features, items, or logos of a business excluding those items that are considered design features or complements of the overall site.

(ttt) "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other material intended to be displayed for a limited period of time.

(uuu) "Temporary window sign" means a temporary sign painted on or displayed inside a window or glass door advertising special sales, events or products for a limited period of time.

(vvv) "Useful life" means the period of time in which a sign and all its parts, portions, and materials are maintained and kept in proper repair.

(www) "Vehicle sign" means a sign which is attached to or painted on a vehicle which is subject to state licensing before it can legally operate on public roads and highways.

(xxx) "Wall sign" means a sign attached to, or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of said wall. A parapet, mansard, or canopy wall sign shall be considered a wall sign, provided they are architecturally integrated with the building and do not project above the roofline.

(yyy) "Window sign" means a sign painted, attached, glued or otherwise affixed to a window for the purpose of being visible from the exterior of the building.

(Ord. 2734 § 1 (part), August 26, 2003: Ord. 2744 § 1 (part), April 27, 2004)

(a) Administrative authority. It is the responsibility of the director to enforce all provisions of this chapter.

(b) Sign related decisions. Sign related decisions include decisions on applications for sign permits, repair or removal orders, abatement orders, amortization schedules, requests for interpretations, and all other sign related matters requiring decision by the city.

(c) Levels of review. All matters of enforcement, interpretation, and application of this chapter, including all sign-related decisions, shall be made initially by the director as an administrative matter, with no public hearing required. The director's administrative decision may be appealed to the planning commission for public hearing and decision. The planning commission's decision may be appealed to the city council for public hearing. The city council's decision is final as to the city, but is subject to judicial review.

(d) Perfecting appeal; time limit for appeal. An appeal is effective when notice thereof is delivered to the city clerk within ten calendar days of when the appeal right arises (see following subsection), on a form prepared by the director, accompanied by any applicable appeal fee (in an amount set by resolution of the city council), signed by the appellant, identifying the matter or decision appealed from, and stating the grounds of appeal.

(e) When appeal right arises. The right to appeal a sign-related decision arises at the earliest of: when written notice of the director's administrative decision is personally delivered or mailed to the applicant, when an appellate decision is made by vote of the appellate body in a duly noticed public hearing on the matter, when written notice of the decision is delivered or mailed to the applicant or appellant, or at the expiration of the time in which the director or appellate body is required to make a decision (unless timeliness of decision is waived by the applicant or appellant).

(f) Timeliness of decision; waiver of time. At each stage of review, all sign-related decisions shall be made within thirty calendar days of when the permit application is complete, the request for interpretation has been received, or when the appeal has been timely and properly filed. When any such decision is not made within the required time, and the applicant or appellant does not waive time, then the application or appeal shall be deemed denied, and the applicant or appellant shall have the immediate right to appeal. The timeliness requirement may be waived by the applicant or appellant.

(g) Maintenance of status quo. While any sign related decision is pending, the status quo shall be maintained until the review or appeal has run its full course, unless the subject sign is in such physical condition that it presents a serious and immediate threat to the public health and safety, in which case it may be abated as a public nuisance.

(h) Appeals, hearing and decision by the planning commission or city council. When any sign related decision is timely appealed to the planning commission or city council, the appellate body shall hold a duly noticed public hearing on the matter, hear arguments and take evidence, and decide the matter within the required time period, unless the applicant or appellant waives time. The decision shall be in writing and shall state facts from the record which support any findings made.

(i) Judicial review. Following exhaustion of all available appellate procedures within the city, any applicant or appellant may seek judicial review of the city's final decision pursuant to California Code of Civil Procedure section 1094.8. This provision does not limit an appellant or applicant's ability to seek judicial review by other means.

(Ord. 2734 § 1 (part), August 26, 2003: Ord. 2744 § 1 (part), April 27, 2004)

(a) Permit required, unless specific exemption applies. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, or maintain any sign within the city, or cause or allow the same to be done, contrary to or in violation of any of the provisions of this chapter. Any violation of this chapter is a separate legal wrong for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

(b) Violations as public nuisance. Any sign maintained, used, displayed or permitted contrary to the provisions of this chapter shall constitute a public nuisance. Any sign located in a public right-of-way, except as provided in this chapter, or which poses an immediate peril to the public health and safety as determined by the director or the city engineer, without consideration of the message displayed on the sign, may be removed and destroyed by the city without notice.

(c) Application. An application for sign and building permits to comply with this chapter shall be made on forms prescribed by the director. The application shall include the following information.

(1) A drawing to scale showing the design of the sign, including dimensions, sign size, colors (applies to commercial message signs only), materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates.

(2) A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises.

(3) The number, size, type and location of all existing signs on the same building, site or premises.

(4) Any structural information and plans necessary to ensure compliance with the latest adopted building standards and safety codes.

(5) (Reserved).

(6) A statement by the applicant as to whether the sign will display onsite or offsite commercial messages, and/or noncommercial messages.

(7) The application shall be accompanied by any fees or bonds as specified by city council resolution.

(d) Permits issued in error. Whenever it is discovered that a sign permit was issued in error, that is, even though the application or terms of approval did not conform to all the requirements of this chapter, then the permit may be summarily revoked by the director at any time prior to substantial construction in reliance upon the permit, by simply giving notice of the reason for the revocation. In such event, the applicant may reapply within thirty calendar days after receiving notice of the revocation, without paying the application fee anew. Revocations under this subsection constitute sign related decisions which may be appealed.

(Ord. 2734 § 1 (part), August 26, 2003: Ord. 2744 § 1 (part), April 27, 2004)

(a) Construction. Every sign and all parts, portions, units and materials comprising the same, together with the frame, background, supports, or anchorage therefore, shall be manufactured, fabricated, assembled, constructed, and erected in compliance with all applicable state, federal and city laws and regulations, including but not limited to all applicable safety codes.

(b) Maintenance. Every sign and all parts, portions, units, and materials comprising the same, together with the frame, background, supports, or anchorage therefor, shall be maintained in proper repair and a proper state of preservation and repair. The display surface of all signs shall be kept neatly painted and/or posted.

(c) Notices to maintain, alter, or repair. Upon a written notice from the director, the necessary maintenance, alterations, or repairs shall be made within ten days after the date of such notice. Orders to maintain, alter or repair are appealable in the same manner as sign permit decisions.

(d) Removal. Except as otherwise provided in this chapter, signs pertaining to enterprises, occupants or activities which are no longer using the premises for which the sign relates, or which are inoperative, shall be painted out, obliterated or removed from the premises within sixty days after the enterprise or occupant has vacated the premises or the sign is found to be inoperative. Any nonconforming signs which exist at the time a business becomes inoperative, as defined in this chapter, shall be removed and may not be replaced, restored or revised unless brought into conformance with this chapter. Allowable temporary signs shall be removed no later than five days after the occurrence or completion of the event or election or other purposes served by the sign.

(e) Public nuisance abatement. Any sign violating the provisions of this section shall constitute a public nuisance and shall be subject to abatement, using the following procedure.

(1) The director shall make an initial decision that a sign is in violation of this chapter, and shall give notice of that determination to the property owner, and business owner or sign owner. The notice shall specify the grounds for considering the sign a public nuisance and provide thirty calendar days in which the nuisance may be remedied, unless the sign qualifies as an immediate peril, in which case Section 15.10.038(e)(3) shall apply. A notice to abate a public nuisance sign is appealable in the same manner as a sign related decision.

(2) If the nuisance condition is not remedied within thirty days or such extension of time as the director may allow on the ground that remedy is not feasible within thirty days, the director may cause the sign to be removed, and the cost of removal shall be billed to the sign's owner, the property owner, business or establishment owner, or other responsible party. Said cost may be assessed as a lien against the property upon which the sign was displayed.

(3) Notwithstanding the foregoing, the director may cause any sign which is an immediate peril to persons or property to be removed summarily and without prior notice. If a sign is summarily removed pursuant to this section, the director shall give notice of the removal to the appropriate parties as soon as it is reasonably possible after the removal.

(4) Any sign directed to be so removed shall also require that the structure from which the sign is removed is left in good condition.

(Ord. 2734 § 1 (part), August 26, 2003: Ord. 2744 § 1 (part), April 27, 2004)

(a) Removal or alteration of nonconforming on-premise signs.

(1) Without compensation. Any sign which does not conform to the provisions of this chapter and which was constructed or displayed prior to the adoption of this chapter shall be considered nonconforming and removed or brought into conformance with this chapter without compensation when said sign meets any of the following requirements.

a. The sign did not comply with all ordinances and regulations in effect at the time of its construction and erection or use.

b. The sign was lawfully erected, but has become inoperative or abandoned, as those terms are defined in Section 15.10.020.

c. The sign was legal when initially constructed or erected, but has been relocated, or any nonconformity has been expanded.

d. The sign is the subject of an agreement between the sign owner and the city for its removal as of a given date.

e. The sign is temporary and relates to an event which is more than ninety days in the past.

f. The sign is located where building permit or sign permit is issued for a site located within a redevelopment project area created pursuant to California Community Redevelopment Law.

g. The sign has been damaged to the extent that the cost of repair, other than copy replacement, will exceed fifty percent of the sign value, as defined in Section 15.10.020. The sign value shall be reasonably determined by the director.

(2) Removal of nonconforming signs. After determining that a sign is nonconforming in accordance with the provisions of this section, the director planning shall issue a written notice of such nonconformance to the owner of the property upon which said sign is located and state.

a. The requirements to bring the sign into compliance with this chapter.

b. The date upon which said sign shall achieve conformance or be removed.

(3) Alterations. A sign permit shall be required for any alteration or relocation required to bring a sign(s) into compliance with the provisions of this chapter.

(4) Signs determined to be nonconforming pursuant to this chapter may be considered a public nuisance and required to be abated immediately.

(5) Time limit for conformance.

a. Unless otherwise required by this chapter or state law, a sign which exists at the time of adoption of this chapter and does not conform to all of the requirements of this chapter shall not be structurally or electrically altered, increased in area, or relocated unless it is made to comply with all of the provisions of this chapter. However, any nonconforming sign may be maintained, repaired, painted, or remain in existence for a period of fifteen years from the date on which Ordinance 2474 was enacted by the city.

b. For purposes of this section, every on-site sign is assumed to have a useful life of fifteen years as established in Section 5495 of the California Business and Professional Code.

c. Fair and just compensation shall be provided by the city for any signs required to be removed, except as otherwise required by this chapter, during the fifteen year amortization period. Any sign required to be so removed before the amortization period has lapsed shall be entitled to fair and just compensation which is equal to one fifteenth of the duplication cost of construction of the display being removed multiplied by the number of years of useful life remaining for the sign. At the end of the amortization period or at the time compensation is provided for nonconforming signs, the owner thereof shall cause the sign to be removed or so altered to conform fully with the requirements of this chapter. A sign permit shall be required for any such alteration or relocation.

(6) Removal of amortized signs. Any nonconforming sign required to comply with the provisions of this chapter shall be immediately abated pursuant to the procedures established in this chapter.

(7) Declaration of amortization; notice of removal.

a. All nonconforming signs required to comply with the provisions of this chapter because of expiration of the applicable time period or payment of fair and just compensation are deemed to be fully amortized and a public nuisance, and may be removed by any city employee or private contractor at the direction of the city manager or designee, upon the expiration of thirty days after written notice of such nonconformance and order of removal has been made. The actual cost for such removal shall be charged to the property owner.

b. Written notice for removal shall be mailed by certified mail to the property owner upon which said display is located. The notice shall state the date for removal.

(b) Removal of nonconforming billboards and off-premise advertising structures.

(1) Any off-premises advertising structure or billboard which was lawfully erected prior to the adoption of this chapter shall be deemed a nonconforming off-premises advertising structure.

(2) Maintenance. Any existing off-premises advertising structure or billboard which has been determined to be nonconforming may continue in its customary use and maintenance until such time that the city requires the removal of said structure in accordance with the provisions of this chapter and any state or federal provisions for removal and compensation for such required removal of nonconforming off-premises advertising structures.

(3) Removal without compensation; illegal structures and relocation agreements. Except as limited by state law, after proper written notice, the city may require the removal of any nonconforming outdoor advertising structure or billboard, without compensation, when said structure meets any of the following conditions.

a. The off-site advertising structure did not comply with all ordinances and regulation for such structures in effect at the time of its construction or use, without consideration of messages;

b. The offsite advertising structure was lawfully erected, but has not contained copy for public display for a consecutive period of eighteen months or longer;

c. The sign has been damaged to the extent that the cost of repair, other than copy replacement, will exceed fifty percent of the sign value, as defined in Section 15.10.020. The sign value shall be reasonably determined by the director.

d. The structure is the subject of an agreement between the owner and the city for its removal as of any given date;

(4) Removal without compensation; residential areas and agricultural areas. Except as limited by state law, the city may require the removal of a nonconforming off-premises advertising structure which was legally erected and maintained in existence on the effective date of this chapter but which has become nonconforming with the provisions of this section which meets all of the following requirements.

a. The display is located within an area shown as residential on the city's general plan.

b. The display is located in an area zoned for residential use either on the date on which the removal requirement is adopted or becomes applicable to the area.

c. The display is not located within six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way.

d. The display is allowed to remain in existence for a period of time as set forth in Section 5412.1 of the California Business and Professions Code or any subsequent amendments or adjustments thereof, which section is hereby incorporated by this reference.

e. The display is located within an incorporated area shown as agricultural on the city's general plan as of either the date this chapter is first enacted.

f. The display is located within an area zoned for agricultural use either on the date on which the removal requirement is adopted or becomes applicable to the area.

g. The display is not located within six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way.

h. The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs.

i. The display is allowed to remain in existence for the period of time set forth below after the enactment or amendment after January 1, 1983, of any ordinance or regulation necessary to bring the entity requiring removal into compliance with Business and Professions Code Section 5412, and after giving notice of the removal requirement.

(5) Removal with compensation.

a. Nothing in this section shall prohibit the city from requiring the abatement and removal of a nonconforming off-premises advertising structure in commercial or industrial areas with proper notification and payment of compensation in accordance with the provisions of Section 5412 of California Business and Professions Code.

(6) Notwithstanding any provisions to the contrary in this chapter, no nonconforming advertising structure is required to be removed solely by the passage of time if such action is prohibited by state or federal law.

(7) Notification for removal of nonconforming off-premises advertising structures. After determining that an off-premises advertising structure is nonconforming in accordance with the provisions of this section, the director shall cause a written notice of such nonconformance to be sent to the owner of the property upon which said structure is located and the owner of said structure which states the requirements to bring the sign into compliance with this chapter, and the date upon which said sign shall achieve conformance or be removed.

(8) A demolition permit shall be required for removal required to bring a structure into compliance with the provisions of this chapter.

(9) Structures determined to be nonconforming pursuant to this chapter and determined to be a public nuisance due to unsafe structural conditions as determined by the building official are required to be abated immediately.

(10) Written notice for removal shall be mailed by certified mail to the property owner upon which said structure is located and the owner of the structure. The notice shall state the date for removal.

(11) All nonconforming structures required to comply with the provisions of this chapter because of expiration of an applicable time period or payment of fair and just compensation shall be deemed a public nuisance, and may be removed by any city employee or private contractor at the direction of the city manager or his designee, upon the expiration of sixty days after written notice of such nonconformance and order of removal has been made. The actual cost for such removal may be charged to the property owner.

(Ord. 2734 § 1 (part), August 26, 2003: Ord. 2744 § 1 (part), April 27, 2004)

(a) Exempt signs. The following signs are exempt from the application and sign permit requirements of this chapter; although a building permit and/or encroachment permit may be required. Unless otherwise provided, signs listed as exempt from the permitting requirement do not count toward the total signage area which is otherwise permitted. Any signage in excess of the specific exemptions listed herein is prohibited.

(1) Construction signs. For residential projects greater than four dwelling units, commercial and industrial projects, two construction signs may be displayed on the construction site during the period of time which begins with the issuance of a building permit and ends the later of final inspection or issuance of a certificate of occupancy. Such signs shall not exceed thirty-two square feet each unless required by government contract or regulation to be larger, in which case the signs shall not exceed the minimum acceptable size under such other law. For all other projects, a total of two signs per development site, each not exceeding eight square feet per side, may be displayed during the time period beginning with the issuance of a building permit and ending with the issuance of a certificate of occupancy or a notice of completion, whichever is earlier.

(2) Developing property signs. Where a lot or parcel has been approved for development, and the construction thereof is not yet complete, the owner of the approved development may display one sign, limited to one per street frontage of the development site, a maximum of thirty-two square feet of sign area, and a maximum height of eight feet. Any sign displayed under this provision must be removed upon approval of final occupancy or completion of the development.

(3) Copy applied to fuel pumps or dispensers. Copy applied to fuel pumps or dispensers by the manufacturer, such as fuel identification, station logo, and other signs required by law.

(4) Copy change. A change of copy conforming to an approved comprehensive sign program is allowed; however, if the sign message is commercial in nature, then the message must qualify as onsite, as defined in Section 15.10.020.

(5) Convenience and directional signs. Convenience signs and directional signs not exceeding a cumulative area of four square feet per parcel, lot or legal use of land.

(6) Flags; residential uses.

a. Maximum height of pole: fifty feet above grade, unless the planning commission approves a special permit allowing a higher pole;

b. Maximum number of poles: one per parcel.

(7) Flags; all non-residential uses.

a. Maximum height of pole: fifty feet above grade, unless the planning commission approves a special permit allowing a higher pole;

b. Message types: noncommercial and onsite commercial.

(8) Incidental signs; automotive and short term lodging uses. Incidental signs for legal automobile and short term lodging uses (such as, by way of example and not limitation, auto repair stores, gasoline service stations, automobile dealers with service repairs, motels, and hotels) may display functional information such as notices of services provided or required by law, trade affiliations, credit cards accepted, and the like, attached to a free-standing sign, structure, or building, subject to:

a. Maximum number: four;

b. Projection: No such sign shall project beyond any property line;

c. Maximum size: four square feet per display face.

(9) Occupant identification signs; single family residential and agricultural uses.

a. Maximum number: one name plate per parcel.

b. Maximum size: not exceeding four square feet in area for single family residential uses and agricultural uses.

c. Scope: this provision does not override provisions in private leases or mutual covenants (such as covenants conditions and restrictions) regarding sign display.

(10) Identification signs; multiple unit residential uses. In multiple unit residential structures, each residential dwelling unit may display identification signs, subject to:

a. Maximum number: one;

b. Maximum size: four square feet in area (measured one side);

c. Scope: this provision does not override provisions in private leases or mutual covenants regarding tenants' display of signs.

(11) Neighborhood watch signs. Police sponsored neighborhood watch or similar crime prevention signs not exceeding twelve inches by eighteen inches in sign area, and located in residential neighborhoods.

(12) Real estate signs; residential property. On legal residential land uses, one real estate sign per street frontage,

a. Maximum size: four square feet per display face;

b. Maximum height: five feet in height;

c. Display time: the sign must be removed not later than fifteen days after the close of escrow or the rental or lease of the property;

d. Illumination: not allowed;

e. Scope: This provision does not allow real estate signs on publicly owned land.

(13) Real estate signs; commercial or industrial property. On legal non-residential land uses:

a. Maximum number: one per street frontage;

b. Maximum size: thirty-two square feet per display face;

c. Height: the sign shall not project above the roofline of the building or structure to which it is attached, or eight feet in height if it is a freestanding sign;

d. Scope: This provision does not allow real estate signs on publicly owned land.

(14) Safety signs. Safety signs may be displayed on construction sites.

(15) Signs on licensed private motor vehicles which are not for hire. Privately owned motor vehicles which are not for hire and which have current and valid registration may display signs of a noncommercial nature, or pertaining to the proposed sale of the vehicle, or commercial messages relating solely to the business of which the vehicle is an operating unit. However, vehicles displaying commercial messages, other than offering the vehicle for sale, may not be parked on city streets in such a manner as to constitute a portable sign. This provision does not apply to publicly owned vehicles or vehicles which are used as part of a mass transit system.

(16) Vehicle signs; mass transit etc. Signs on public transportation vehicles regulated by a political body, including but not limited to trolleys, buses and taxicabs, and signs on licensed commercial vehicles, are allowed, provided such vehicles are not used or intended for use as portable signs or for general advertising.

(17) Utility company signs. Signs of public utility companies, indicating danger or warning messages, or which serve as an aid to public safety, or which show locations of underground facilities or public telephones.

(18) Warning signs. "No Trespassing," "No Parking," "Danger High Voltage" and similar warning signs, not exceeding four square feet.

(19) Signs identifying a business, service or use, which are four square feet or less in display area, which are not visible from a public right of way, attached to a main building or structure, oriented to pedestrians, and do not otherwise require a building permit.

(b) Prohibited signs. All signs not expressly permitted by this chapter or by another provision of applicable law are prohibited in all zones. The following sign types and features are prohibited in all zones, unless otherwise provided.

(1) Billboards and all new off-premise commercial signs using permanent structures;

(2) Animated signs;

(3) Revolving signs;

(4) Roof signs;

(5) Portable signs;

(6) Signs located within or projecting into the public right-of-way, not including governmental or public service signage or as otherwise permitted in this chapter or by a policy, adopted by city council, regarding private party display of signs on city-owned property;

(7) Signs located in the public right-of-way or on public property except those required by a governmental agency;

(8) Signs placed, erected, or constructed on a utility pole, traffic control device, traffic sign, warning sign, public sign, public structure or in any manner which impedes access to any public improvement, or obstructs the vision of any such sign, except as otherwise provided by this chapter or by a policy adopted by the city council regarding private party display of signs on city-owned property.

(9) Signs posted on trees, rocks, or other natural features;

(10) Electronically flashing, alternating or rotating signs (excepting barber poles using the traditional rotating red and white symbol, or displays of time, temperature, weather, and similar factual information);

(11) Pennants, balloons, banners, streamers, whirligigs, or other similar devices, when used for advertising purposes;

(12) Privately owned vehicles, not including licensed taxicabs, displaying general advertising messages, or parked or stored in such a manner as to function primarily as a portable sign;

(13) The use of decals, stick-on or transfer letters or tape attached to the exterior of walls, parapets, fences, or other areas visible from any public right-of-way;

(14) Projecting signs;

(15) Signs made of paper or cardboard displayed on the outside of windows or exterior walls;

(16) Temporary signs except as provided in this chapter;

(17) Signs blocking or impeding access to doors, emergency exits or fire escapes;

(18) Readerboard, changeable copy, and portable signs, either electric or nonelectric;

(19) Signs which purport to be, or are an imitation of, or resemble official traffic control devices or signs, that by color, location, or lighting may confuse or disorient vehicular or pedestrian traffic, or directional signs installed on private property to control off-site traffic;

(20) Statuary or other advertising products, in the form of logos, or intended to identify a business location, attached to or located on the structure or site of the business;

(21) Signs pertaining to activities or businesses which are no longer in operation, not including temporary closures due to repairs, alteration, or similar situations. Such signs shall be removed from the premises, or the sign copy shall be removed within thirty days after the premises have been vacated, including copy from the business directory. Any such sign not removed within the specified time shall constitute a nuisance and be subject to removal as provided in this chapter.

(c) Special sign regulations.

(1) (Reserved).

(2) Emergency medical facility signage requirements. All freestanding and wall signs advertising emergency medical care shall conspicuously contain the days and hours of operation. The days and hours of operation shall be changed or removed from the sign within twenty-four hours of such change or close of operation.

(3) Comprehensive sign program for commercial and industrial zones. A comprehensive sign program shall be developed for commercial, office, or industrial centers consisting of four or more tenant spaces. The purpose of the program shall be to integrate signs with building and landscaping design into a unified architectural unit. A comprehensive sign program may permit any combination of sign types, sizes or styles when it is found that such signs will comply with the Sections 15.10.010 and 15.10.011, be consistent with the guidelines of this section, and are compatible with the development's architecture, site plan and surrounding uses. A comprehensive sign program may also be permitted for commercial uses which are determined by the director to be large-scale although operated by only one owner or tenant, upon finding that such business contains four or more uses on the site or is generally similar to a business center in its appearance, operation and scale, and otherwise meets the guidelines for a comprehensive sign program. All comprehensive sign programs automatically incorporate all provisions of Section 15.10.015, General Provisions and Policies, even if the documentation of the comprehensive sign program do not so state. Comprehensive sign programs are "sign related decisions" and may be appealed by the process described in Section 15.10.030. Comprehensive sign program procedures are as follows.

a. At the time of site development plan review, an application as prescribed by the director, along with a filing fee prescribed by city council, shall be submitted to the director who shall review it and then refer it, with or without recommendation, in the same manner as an appeal, to the planning commission. The director shall keep on file all approved comprehensive sign programs and review all sign permits for compliance with the approved sign program prior to issuance of a building permit.

b. An approved comprehensive sign program may be modified from time to time upon application and fee, in the same manner as initial approval of a comprehensive sign program.

c. Comprehensive sign programs shall be reviewed with consideration given to the following: using the same background color system on all signs; using colors which are compatible with the design and architecture of the development, and generally limited to three colors; using the same type of cabinet supports, or method of mounting for signs of the same type, or by using the same type of construction material for components, such as sign copy, cabinets and supports; using the same form of illumination for all signs, or by using varied forms of illumination determined to be compatible with the development and the provisions of this chapter; allowing limited use of different colors for logos or other decorative elements; identification of a comprehensive plan for the location, placement and number of all signs to be permitted for all existing or planned development in the center or complex.

d. No comprehensive sign program shall require the alteration or modification, other than size, of any trademark or service mark with is registered under state or federal law.

e. Previously approved sign programs. All previously adopted comprehensive sign programs may remain in effect as approved. However, all proposals to modify a sign program shall be processed in the same manner as a proposal for a new sign program.

(4) Temporary noncommercial message signs.

a. On legal residential uses. On legal residential uses, temporary noncommercial message signs may be displayed at any time, subject to:

(i) Single family residential uses;

i. Maximum area of all signs (measured one side only): four square feet,

ii. Maximum height, if freestanding: five feet,

iii. Minimum setback from all property lines, if freestanding: one foot,

iv. Illumination: not allowed.

(ii) Multi unit residential uses. On each dwelling unit;

i. Maximum area of all signs: two square feet,

ii. Allowable physical types: wall or window signs,

iii. Illumination: not allowed.

(iii) Increase in allowable displays during certain periods. During the time period beginning forty-five days before any general or special election and ending five days after any such election, each legal residential use may display an unlimited number of temporary signs with noncommercial messages; subject to:

i. Maximum size (per sign): thirty-two square feet in area (measured one side only);

ii. Message type: this provision does not authorize the display of commercial message signs on legal residential uses;

iii. Scope: this provision does not override provisions in private leases or mutual covenants regarding sign display.

b. On legal nonresidential uses.

(i) Increase in allowable displays during certain periods. In addition to the signage otherwise allowed, legal non-residential uses may post temporary signs displaying noncommercial messages during the time period beginning forty-five days before any special or general election, and ending five days after such election, subject to:

i. Maximum size (per sign): thirty-two square feet in area (measured one side only).

c. Location. Noncommercial signs must be posted at least one foot inside any front property line; however, in the case of corner lots, such signs must be placed at least one foot from property lines of intersecting streets, and said signs shall be located at least one foot from side property lines. The total number of such signs is not limited.

d. Registration required. Prior to the posting of any noncommercial signs during the time period beginning forty-five days before any general or special election and ending five days after such an election, the persons who wish to post such signs shall file a registration with the director, indicating the number and size of such signs, and the name and address of the person(s) who are responsible for removing the signs at the end of the allowable display period, and that in the event the responsible party does not remove the signs in a timely manner, then the city may remove them and charge the actual cost of removal to the responsible party. No fee will be charged for such registration. This provision does not override the requirement that all signs on private property be posted only with the landowner's consent.

e. Removal. When any signs permitted under this provision remain on display after the permissible display period, the director shall give notice to the responsible party, as listed on the registration, that the signs must be removed within five calendar days. If such removal is not effected by the responsible party, then the city may remove the signs and charge the actual cost of removal to the responsible party.

(5) Special event signs on nonresidential uses. Special event signs to be displayed on nonresidential uses may be approved by application for a sign permit for a limited period of time as a means to publicize special events such as a grand opening, new management, inventory reduction, special sales events, seasonal events, seasonal sales and community events. Applications for special event signage shall be submitted to the director, on a prescribed form, describing the proposed sign(s) in terms of size, material, location to be displayed, purpose of the sign, and dates it will be displayed. The director shall review the request within three days after receipt and determine whether the proposed special event sign(s) comply with the requirements of this chapter. Such special event signs shall also be limited to the following standards.

a. Maximum size: forty square feet;

b. Maximum number, per establishment: one per street frontage;

c. Location and physical type: wall signs, attached to an approved freestanding sign, or banners; however, in no case shall special event signs be located above a roofline or exceed the height limitation for a permitted freestanding sign on the site;

d. Maintenance: all special event signs shall be constructed of materials which are durable and capable of withstanding outdoor displays without excessive fading, wear, or other deterioration during their intended period of display. Such signs shall be kept in a clean and well-maintained state of good repair during all periods of display;

e. Time limit: except as further limited in paragraph (6) below (inflatable signs), special event signs may be displayed for a cumulative maximum of ninety days in any one calendar year; any signs which are intended to be displayed for a longer time period must comply with the provisions of this chapter for permanent signs.

f. Balloons, etc.: in addition to the above, nonresidential uses which otherwise are permitted to have outdoor display and sale of merchandise may use pennants, balloons, banners, streamers, or other similar devices to identify special events in accordance with the time limitations and maintenance requirements listed above.

(6) Special promotional signs; inflatable signs. One or more inflatable signs used in conjunction with special events may be permitted, provided they do not exceed seventy-five feet in height from the ground level. Any one parcel or land use may use inflatable signs for a maximum of fourteen days per calendar year. When any inflatable sign exceeds fifty square feet in area (maximum area viewable from any single angle), then a cash deposit of five hundred dollars shall be required for each such sign in use at any one time. The cash deposit will be returned to the applicant when in use at any one time the special promotional sign is removed, or shall be forfeited by the applicant for failure to comply with the time and height limits specified in this provision.

(7) Grand opening signs; pennants, balloons and similar attention getting devices may be used by a new establishment during its grand opening. The use of these devices is restricted to a maximum period of two weeks after a sign permit is obtained and may only be displayed on the primary building wall containing a main entrance to the establishment.

(8) Temporary signs in the CD (Commercial Downtown) zone. Establishments located within the CD zone may display the following temporary signs.

a. One banner, attached to a building wall and not exceeding forty square feet, per street frontage.

b. One sandwich board sign, not exceeding twenty square feet per sign face or five feet in height, per street frontage. Sandwich board signs are only permitted directly in front of the business. If such signs are located on city owned land or on public rights-of-way, they must also be allowed by a policy, approved by the city council, concerning private party signs on city-owned land.

c. Two flags, each limited to fifteen square feet with a minimum eight foot clearance above the sidewalk, per street frontage.

d. Balloons (less than twelve inches in diameter).

e. All temporary signs shall be maintained in good condition.

(d) Signs permitted for commercial and industrial uses in C, CN, CD, CM, M and RB Zones.

(1) Freestanding pole signs.

a. Maximum number: one per street frontage, not to exceed two per site;

b. Maximum size: one square foot per linear foot of street frontage, not to exceed one hundred square feet; however, motels and hotels may utilize an additional maximum area of twelve square feet;

c. Maximum height:

(i) Twenty feet, unless the sign is for a freeway-oriented establishment and located within five hundred feet of a designated freeway, in which case the overall sign height may be increased to achieve a maximum of twenty feet above the elevation of the centerline of the freeway or fifty feet above the centerline of the nearest street, whichever is less, and in no case shall the height exceed fifty feet above the base of the sign.

d. Exceptions. The otherwise applicable limits for size and height of freestanding freeway-oriented pole signs may be authorized by a special permit approved by the planning commission upon finding that such exceptions are needed to achieve visibility which is consistent with other freeway-oriented business in the vicinity and that such exceptions are consistent with other goals and policies of the city; such findings must be made without consideration of the message content of any such sign, other than the distinction between onsite and offsite commercial messages.

e. Freestanding pole signs; other standards.

(i) Compatibility: a freestanding signs shall be architecturally compatible with the building design of the building(s) and site upon which it is located;

(ii) Visibility: freestanding pole signs shall not be located so as to obstruct the view of pedestrian or vehicle traffic;

(iii) Density: freestanding pole signs may be used in combination with monument signs for a nonresidential site, but shall not be located on the same street frontage on which a monument sign for the site is located;

(iv) Address info: freestanding pole signs for a business center must incorporate the street address into the face or structure of the sign in a manner which is clearly visible from the street right-of-way;

(v) Physical types: freestanding pole signs shall not employ rotation or incorporate features change the message, or any part thereof, more frequently than one every two minutes;

(vi) Illumination: no flashing lights;

(vii) Maximum display faces: two.

(2) Freestanding monument signs.

a. Maximum number: one per street frontage, not to exceed three per site;

b. Maximum sign area: one square foot of sign area per linear foot of street frontage, not to exceed fifty square feet per sign face; however, motels and hotels may utilize an additional maximum area of twelve square feet;

c. Maximum height: eight feet;

d. Other standards.

(i) Display faces: the sign must be double-faced when located at right angles to street, and in no case shall include more than two sign faces;

(ii) Compatibility: the sign shall be compatible with architecture of commercial building or center on the site;

(iii) Visibility: monument signs shall not be located so as to obstruct the view of pedestrian or vehicle traffic;

(iv) Density: monument signs may be used in combination with freestanding pole signs for a nonresidential site, but shall not be located on the same street frontage on which a freestanding pole sign for the site is located;

(v) Address: freestanding monument signs for a business center must incorporate the street address number into the face or structure of the sign in a manner which is clearly visible from the street right-of-way;

(vi) Physical types: freestanding pole signs shall not employ rotation or incorporate features which include electronic message centers or automatic changing images, or any flashing or blinking lights;

(vii) Illumination: monument signs may incorporate features which include an electric message center or automatic changing letters, but not including flashing lights.

(3) Wall or painted wall sign, primary.

a. Maximum number: one per building elevation directly facing a public street upon which the business is located, not to exceed three per establishment.

b. Maximum sign area: two square feet per linear foot of building frontage, not to exceed one hundred fifty square feet.

c. Maximum height: not to project above the roofline of the building upon which the sign is located.

d. Other standards.

(i) Compatibility: wall signs shall be architecturally integrated into the design of the business or center in which it is located;

(ii) Projection: a wall sign shall not extend more than eight inches from the surface of the wall upon which it is located.

(4) Wall or painted sign, secondary.

a. Maximum number: one per building elevation facing an alley or main parking lot not adjacent to a public street, not to exceed three secondary wall signs per establishment;

b. Maximum sign area: one square foot per linear foot of building face upon which the secondary wall sign is to be located not to exceed one hundred square feet of sign area;

c. Maximum height: the sign may not project above the roofline or parapet of the building;

d. Other standards.

(i) Compatibility: a wall sign shall be architecturally integrated into the design of the building and center in which it is located;

(ii) Projection: wall signs shall not extend more than eight inches from the surface of the wall upon which they are located.

(5) Projecting signs.

a. Maximum number: one per street frontage on a dedicated public street or alley of a establishment located in the CD zone;

b. Maximum area: a projecting sign located on a building with frontage on a public street shall be limited to thirty square feet of sign area (fifteen square feet per face). A projecting sign located on a building with frontage on an alley shall be limited to sixteen square feet of sign area (eight square feet per face);

c. Maximum height: no higher than the cornice line of the building or twenty feet above grade, whichever is lower;

d. Other standards.

(i) Separation: all projecting signs shall have at least six inches between the sign and the building surface on which it is mounted;

(ii) Clearance: the base of a projecting sign shall be no less than eight feet from grade.

(iii) Projection: a projecting sign shall project no more than four feet from the building wall;

(iv) Setback: no projecting sign shall be located less than five feet from an interior or property line, nor less than five feet from any common wall or other point common to two separate businesses on the same property, nor shall any projecting sign be located less than fifteen feet from any other projecting sign or freestanding sign, whether on the same property or not;

(v) Density: no projecting sign shall be used on the same property upon which a freestanding pole or monument sign is used;

(vi) Maximum display faces: two, which shall be mounted at right angles to the building facade to which the sign is attached.

(6) Awning signs.

a. Maximum number: one sign per awning;

b. Maximum sign area: twenty-five percent of the total awning area upon which the sign is located;

c. Maximum height: not applicable;

d. Other standards.

(i) Density: no painted wall sign may be used on the same building elevation containing awning signs;

(ii) Area: awning signs located on the valance shall be included in the total permitted awning sign area.

(7) Under canopy signs.

a. Maximum number: one per establishment frontage;

b. Maximum sign area: six square feet;

c. Clearance: the bottom of under canopy signs shall be located a minimum of eight feet above grade;

d. Other standards.

(i) Illumination: not allowed.

(ii) Mounting: under canopy signs shall be located at right angles to the building frontage oriented to the pedestrian walkway.

(8) Window signs, permanent.

a. Maximum number: one per establishment frontage.

b. Maximum sign area: twelve square feet per establishment frontage on a dedicated street, alley, or pedestrian walkway;

c. Maximum height: window signs shall be located only on the first and second floor of nonresidential buildings and uses;

d. Illumination: with the exception of exposed neon tubing, permanent window signs shall not be internally lighted, nor include the use of flashing or blinking lights.

(9) Window signs, temporary.

a. Maximum sign area: forty percent of the total window area for each window or glass door located on the business frontage; an additional window sign area of up to seventy-five percent coverage is allowable for purposes of seasonal or holiday window decorations, not to exceed forty five days in any calendar year;

b. Maximum height: temporary window signs shall only be located in the ground floor windows of multi-story buildings and only permitted for use by establishments located on the ground floor;

c. Other standards.

(i) Construction: temporary window signs shall be limited to signs, placards, or other advertising constructed of paper, cloth, paint, or expendable material affixed to the interior of a window or glass doorway;

(ii) Display time: temporary window signs shall be displayed for no longer than sixty consecutive calendar days without replacement or removal.

(10) Directional signs.

a. Maximum number: one per entrance from a public street or alley, and a maximum of two additional directional signs for freestanding establishments located within a business center which is not clearly visible from a public street;

b. Maximum sign area: six square feet per sign face.

c. Maximum height: four feet, unless otherwise required to be higher due to topography of the site or other obstructions, but in no case higher than six feet.

(11) Directory signs.

a. Maximum number: one per building face or primary entrance to a business center;

b. Maximum height: eight feet;

c. Maximum sign area: thirty-two square feet;

d. Other standards.

(i) Placement: directory signs may be placed on the wall at the primary entrance(s) to a business or business center, or free-standing when located on the interior of a parking area;

(ii) Directory signs shall be limited to identification of the name of an office or business complex, the street address, a listing of tenant names and suite number, and a map of the building or complex, or noncommercial messages;

(12) Service station signs. In addition to any signs permitted for a nonresidential establishment, establishments selling fuel for motor vehicles shall be permitted service station price sign(s) advertising the price of fuel sold on the premises. Such signs must conform to state law.

a. Maximum number: one per street frontage, not to exceed two per service station;

b. Maximum sign area: twelve square feet if attached to a freestanding sign or sixteen square feet if incorporated into a monument sign is permitted for service station fuel price information;

c. Maximum height: not to be located above a roof line when attached to a building, or incorporated into, or otherwise permitted freestanding pole or monument sign on the site;

d. Other standards: service station price signs shall display only the minimum information required by Article 12 of Chapter 14, Division 5 of the State Business and Professional Code commencing with Section 13530;

e. Illumination: all other special service signs such as self-serve, full-serve, water/air, cashier, or other services or products identified by permanent signs shall be non-illuminated.

(13) Theater signs. In addition to all signs otherwise permitted for nonresidential uses, motion picture or playhouse theaters may provide a marquee sign, subject to:

a. Maximum number: one marquee per theater building, which may utilize up to three faces;

b. Maximum height: the sign may not project above the roof line to which the marquee is attached, and in no case shall the marquee be higher than twenty feet;

c. Maximum sign area: fifteen percent of building face upon which the marquee is attached, not to exceed one hundred fifty square feet per face;

d. Other standards.

(i) Location: marquee signs shall be located directly above the main entrance to the theater;

(ii) Illumination: marquee signs may include electric or internally lighted changeable copy.

(e) Non residential signs in residential zones and residential uses in commercial zones.

(1) Signs for schools, churches, day nurseries, residential care facilities, other similar institutional uses, and uses subject to conditional use permit, are allowed subject to:

a. Maximum number.

(i) One monument sign per street frontage with a maximum of two per institution;

(ii) One wall sign per street frontage with a maximum of two per institution.

b. Maximum sign area.

(i) Freestanding signs shall not exceed twenty-four square feet for identification;

(ii) Changeable copy: churches and other noncommercial uses may have up to an additional eighteen square feet of changeable copy, provided that such copy is incorporated into the sign area;

(iii) Wall signs shall not exceed twenty square feet.

c. Maximum height.

(i) Freestanding pole signs shall not exceed fifteen feet and monument signs eight feet in height;

(ii) Wall signs shall not extend above the roof line and in no case be higher than twenty feet.

d. Display faces: all monument or pole signs shall be limited to a maximum of two sign faces.

(2) Neighborhood entrance and community identity signs. In addition to all other permitted residential signs, property within the boundaries of a planned community, specific plan or planned unit development may have a sign program that provides for entrance, exit, directional and community identity signs; provided the sign program is approved as part of either the master plan for the planned community, specific plan, planned unit development or any amendments thereto. Such plan will automatically incorporate the provisions of Section 15.10.015, General Provisions and Basic Policies.

(3) Multiple family projects and mobile home parks.

a. Maximum number: one freestanding monument sign or one wall sign per street frontage;

b. Maximum sign area: twelve square feet for twelve units or less and twenty-four square feet for more than twelve units within the development site;

c. Maximum height.

(i) Freestanding monument signs shall not exceed eight feet in height;

(ii) A wall sign may not extend above the roof line of the building to which it is attached, and in no case exceed twenty feet in height.

d. Other standards.

(i) Compatibility: signs shall be designed to be architecturally in scale with and compatible with the multiple family project;

(ii) Setback: freestanding monument signs shall be located no closer than five feet to the property line;

(iii) Painting: wall signs shall not be painted directly on the face of a building;

(iv) Address: signs must incorporate the street address into the face or structure of the sign;

(v) Maximum display faces: all monument or pole signs shall be limited to a maximum of two sign faces.

(4) Signs permitted for single family residential uses. No signs, except those permitted in Section 15.10.040, Exempt Signs, or otherwise expressly allowed by this chapter, shall be permitted for single family residential uses.

(f) Design standards.

(1) Relationship to buildings.

a. Each sign shall be so designed to complement the architectural style of the main building or buildings or type of business upon the site, and to the extent possible, signs located on commercial sites but in a predominantly residential area, shall take into consideration compatibility with the residential area.

b. Signs located upon a lot with only one main building housing the use which the sign identifies, shall be designed to be compatible with the predominant visual elements of the building, such as construction materials, color, or other design details. Each sign located upon a lot with more than one main building, such as a shopping center or other commercial or industrial area developed in accordance with a common development plan, shall be designed to be compatible with predominant visual design elements common or similar to all such buildings or the buildings occupied by the "main tenants" or principal uses. The director may condition his recommendation or approval of a sign to require such visual elements to be incorporated into the design of the sign where such element(s) would be necessary to achieve a significant visual relationship between the sign and building or buildings.

(2) Relationship to other signs. Where there is more than one freestanding sign located upon a lot, all such signs shall have designs which are complementary to each other by either similar treatment or incorporation of one or more of the following six design elements.

a. Type of construction materials (such as cabinet, sign copy, supports);

b. Letter style of sign copy;

c. Type or method used for supports, uprights, or structure on which sign is supported;

d. Sign cabinet or other configuration of sign area; and

e. Shape of entire sign and its several components.

(3) Illumination and motion. Signs shall be nonmoving stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (nonflashing).

(4) Relationship to streets. Signs shall be designed so as not to obstruct any pedestrian, bicyclist, or driver's view of right-of-way.

(5) Glare. Advertising displays shall not be placed which are so illuminated that they interfere with the effectiveness of, or obscure any official traffic sign, device or signal; nor shall any advertising display include or be illuminated by flashing, intermittent or moving lights time (except that part necessary to give public service information such as time, date, temperature, weather or similar factual information); nor shall any advertising display cause beams or rays of light to be directed at the traveled ways if the light is of such intensity or brilliance as to cause glare or to impair the vision of any driver, or to interfere with any driver's generation of a motor vehicle.

(6) Sight distance protection. Advertising displays shall not be placed in such a manner as to obstruct, or otherwise physically interfere with an official traffic sign, signal, or device or to obstruct, or physically interfere with the vision of drivers approaching, merging or intersecting traffic.

(Ord. 2734 § 1 (part), August 26, 2003: Ord. 2744 § 1 (part), April 27, 2004: Ord. 2004-2748 § 1; July 27, 2004)

(a) Conflict. If any portion of this code is found to be in conflict with any other provision of any zoning, building, fire, safety, or health ordinance of the city code, the provision which establishes the higher standard shall prevail.

(b) Effective date. This chapter shall take effect and be in force on November 12, 1987; amendments hereto shall take effect as of the date specified in the adopting or amending ordinance or resolution.

(Ord. 2734 § 1 (part), August 26, 2003: Ord. 2744 § 1 (part), April 27, 2004)