Article 2 — Prohibited Signs, Permit Requirements, Exemptions, Reviewing Authorities…

The following signs are prohibited:

(a)

A sign which is unsafe, dilapidated or obsolete;

(b)

A sign located less than the legal distance from a communication or electric facility or placed in a manner that conflicts with a rule, regulation or order of the California Public Utilities Commission;

(c)

A sign on a tree, shrub or other natural object;

(d)

A sign placed across or in the public right-of-way, utility easement or on public or publicly maintained property without an encroachment permit approved by the city council other than notices of public hearing placed on utility poles and city-owned banner signs placed on city-owned lampposts in the redevelopment project area along Mount Diablo Boulevard;

(e)

A sign which violates a condition imposed as part of a sign permit;

(f)

A flashing, internally or externally illuminated, moving, rotating, animated or inflated sign except as permitted in this chapter;

(g)

A sign with flags, flyers, pennants, pinwheels or which utilizes two or more light bulbs on a wire string;

(h)

A sign which causes an unsafe condition by interfering with the vision of a motorist or which interferes with the safe and convenient passage of pedestrians;

(i)

A projecting sign, except for a shingle sign, under-marquee sign or projecting banner sign, which complies with Section 6-2552;

(j)

A sign which extends higher than the upper roof line, ridge line or parapet of a building to which it is attached;

(k)

A portable, mobile or A-board sign, except as permitted by Section 6-2568;

(l)

An off-site commercial sign except as permitted by this chapter (e.g., Sections 6-2521(k), 6-2521(n), 6- 2568, 6-2569, 6-2571);

(m)

A residential business sign (see Section 6-327) or home occupation sign (see Section 6-347);

(n)

A sign advertising tobacco products that is prohibited under Section 5-511.

(o)

A mural, except as permitted by Chapter 6-26.

(p)

All other signs not permitted in this chapter.

(Ord. 565 § 2 (Exh. A) (part), 2007; Ord. No. 687, § 2(Exh. A), 10-23-2023)

(a)

It is unlawful to install, place, move, alter, replace, suspend or attach a sign (except for maintenance purposes) without a sign permit unless the sign is exempt from permit requirements.

(b)

No building permit may be issued for a sign until a sign permit is issued.

(Ord. 565 § 2 (Exh. A) (part), 2007)

Each of the following signs is permitted without a sign permit if it otherwise complies with the applicable requirements and restrictions of this chapter. Unless otherwise provided, and with the exception of temporary light bulbs on a string (subsection (j)), exempt signs are included in calculating the aggregate sign area allowance (see Sections 6-2560 and 6-2565). Unless otherwise provided no exempt sign shall exceed six feet in height.

(a)

A flag not exceeding 20 square feet in area and attached to a pole not exceeding 25 feet in height;

(b)

Governmental sign not exceeding 15 square feet in area and six feet in height;

(c)

Information, safety, directional or convenience sign (see Section 6-2502(20)) not exceeding two square feet in area;

(d)

Mailbox or address identification sign not exceeding 60 square inches in area unless regulations;

(e)

One official state inspection sign for each type of inspection service offered on a site, located flat against a building and not exceeding four square feet in area;

(f)

A permanent noncommercial sign not exceeding three square feet in area;

(g)

Service club shield, two square feet in area or less when placed on a service club sign (see Section 6- 2502(54));

(h)

Service club sign (see Section 6-2502(55));

(i)

Service station price, information, safety, directional, convenience or island identification sign which complies with Section 6-2570;

(j)

Temporary light bulbs on a wire string;

(k)

Temporary construction sign which complies with Section 6-2571;

(l)

Temporary commercial sign which complies with Section 6-2563;

(m)

Temporary noncommercial sign less than six square feet in area or less than 12 square feet in area which complies with Section 6-2565;

(n)

Temporary realty sign which complies with Section 6-2568 or 6-2569;

(o)

Window sign (see Section 6-2502(64));

(p)

A commercial sign attached to a wall, or sign painted directly on an existing awning provided that:

(1)

The sign is on a principal business frontage, and

(2)

The sign is not internally or externally illuminated, and

(3)

The total area of this sign and any other permitted sign does not exceed 20 square feet;

(q)

City-owned banner signs placed on city-owned lampposts.

(Ord. 565 § 2 (Exh. A) (part), 2007)

The planning services manager may approve a permit for each of the following signs without design review commission approval and without a public hearing:

(a)

Externally illuminated attached wall sign for a single land use which complies with other applicable size limitations in this chapter, provided that the combined total area of all signs, excluding exempt signs, does not exceed 20 square feet in area;

(b)

Carved wooden wall sign with a nominal thickness of two inches or greater which meets the following specifications:

(1)

The sign is constructed entirely of wood which is at least two inches in thickness,

(2)

The letters and design features are carved or sandblasted and each design addition is doweled and glued,

(3)

The size of the sign complies with other applicable limitations in this chapter, e.g., Section 6-2560,

(4)

Colors are not iridescent or fluorescent (gold lettering is permissible),

(5)

If external illumination is used, the source of light is shielded from public view;

(c)

Sign for a building conforming to an approved master sign plan;

(d)

With the exception of a temporary noncommercial sign which complies with Section 6-2565, a temporary noncommercial sign more than six square feet in area, which conforms to Section 6-2526, Criteria for design review;

(e)

Subdivision sign, which conforms to Section 6-2568(e);

(f)

Apartment and rooming house sign, which complies with Section 6-2564;

(g)

Projecting banner or under-marquee signs seven and one-half square feet or less in area and which conform to Section 6-2526, Criteria for design review, and Section 6-2552, Projecting signs.

(Ord. 565 § 2 (Exh. A) (part), 2007)

Except as provided in Sections 6-2521 (signs exempt from permit requirements) and 6-2522 (signs which the planning services manager may approve) and 6-2519 (signs which are unconditionally prohibited), each of the following signs requires design review commission approval for a permit:

(a)

Banner (see Section 6-2502(4));

(b)

Business sign which does not comply with Section 6-2521 or 6-2522;

(c)

Freestanding or monument (see Sections 6-2502(15) and (29) and 6-2554);

(d)

Hotel and motel (see Section 6-2502(17));

(e)

Institution (see Section 6-2502(21));

(f)

Neighborhood identification (see Section 6-2502(31));

(g)

Painted sign (i.e., painted directly on a wall, fence or awning) (see Section 6-2502(41));

(h)

Projecting — shingle and under-marquee, and projecting banner (see Sections 6-2502(49) and 6-2552, except as may be permitted under Section 6-2522 above);

(i)

Roof (see Section 6-2502(53));

(j)

Service station sign which complies with Section 6-2570.

(Ord. 565 § 2 (Exh. A) (part), 2007)

(a)

The application for a sign permit shall be on a form provided by the city and shall contain the following information:

(1)

An accurate plan with complete dimensions and a map or plot plan to scale showing the location, size, colors, shape, materials, type of illumination, size and style of lettering, copy design and the proposed manner of installation;

(2)

The size and location of every existing sign on the premises;

(3)

Whether a variance is requested and the factual basis to support the granting of a variance under Section 6-2527;

(4)

The signature of the property owner, his agent or the property tenant where the sign will be placed;

(5)

If a master sign plan was approved by the city, an applicant whose sign conforms to that plan may refer to it in his application and may omit detailed drawings unless specifically requested to provide them; and

(6)

Other information reasonably requested by the city.

(b)

An application may relate to only one property but may include more than one sign.

(Ord. 565 § 2 (Exh. A) (part), 2007)

(a)

The applicant shall file a sign application with the planning services division.

(b)

Staff shall review the application for completeness within 14 working days of filing. Unless the applicant is notified that the application is incomplete, an application is considered complete 14 working days after it is filed.

(c)

The planning services manager shall grant or deny a permit for those signs described in Section 6-2522 within 30 calendar days after the application is considered complete.

(d)

If design review commission approval is required, the matter shall be set for a public hearing before it. The meeting shall be scheduled for the next available regular meeting after the application is considered complete and for which adequate notice can be given unless the applicant agrees to an extension of time. The public hearing shall be held after giving notice to the applicant and to each person requesting notice of

the hearing by mailing written notice of the time and place of the hearing at least ten days before the date set for the hearing.

(e)

In approving a sign permit, the design review commission may impose conditions related to the design criteria described in Section 6-2526.

(f)

If an application is approved, conditionally approved or denied, the planning services manager or design review commission shall inform the applicant in writing and make written findings setting forth the reasons.

(Ord. 565 § 2 (Exh. A) (part), 2007)

The design review commission shall apply the following design criteria in reviewing each sign application:

(a)

Architectural Compatibility. The sign shall be compatible in size, character and quality of design with the exterior architecture of the premises and other structures in the immediate area.

(b)

Simplicity. To the extent feasible, the sign should be graphic and with limited use of words, with the design emphasis on simplicity of style. A simple design or abstract graphic design is preferred. Similarly, a simple sign frame and supporting structure is preferred.

(c)

Identification. A commercial sign should be designed for the primary purpose of identifying a business or office.

(d)

Fewer Signs. In the use of the total sign allowance at a particular premises, the use of a minimum number of signs is preferred to the use of many signs so that a cluttered effect is avoided.

(e)

Shape, Size and Orientation. The shape of a sign should not conflict with the architectural lines of its setting. Signs should be directed toward the passing motorist and the pedestrian. No sign should be designed to be readable from the freeway or to attract motorists from a great distance.

(f)

Illumination and Colors. A sign must not overpower its surroundings through hue, saturation and brilliance or close combination of incompatible colors. Sources of illumination should be screened from public view and should be designed to avoid glare onto a street or adjacent property.

(g)

Landscaping. A sign should be placed with consideration for existing and future growth of trees and other landscaping. A freestanding sign must be placed in a landscaped area or planter, with landscaping maintained in a thriving manner.

(h)

Compatibility with Adjacent Uses. The design and location of a sign should not impair the visibility or the design quality of existing conforming signs.

(Ord. 565 § 2 (Exh. A) (part), 2007)

(a)

When practical difficulty, unnecessary hardship or a result which is inconsistent with the purpose and intent of this chapter occurs from the strict application of this chapter, the design review commission may grant a variance with respect to the regulations in this chapter relating to the height, area, location or number of signs allowed if it finds that all of the following conditions exist:

(1)

Because of special circumstances concerning the subject property, including size, shape, topography, location or surroundings, the strict application of this chapter would deprive the applicant of privileges enjoyed at other properties in the vicinity and in the same land use district;

(2)

The variance would not constitute a grant of special privilege which is not generally available to other property in the vicinity and in the same land use district;

(3)

The special conditions or unique characteristics of the property were not created by the applicant, property owner, tenant, lessee or any party otherwise in control of the property.

(b)

The procedure for the application, notice and hearing, grant, conditional grant or denial and for administration of a variance after it is granted, is that prescribed in Section 6-201 et seq. of the municipal code.

(Ord. 565 § 2 (Exh. A) (part), 2007)

(a)

A person aggrieved by an action of the planning services manager or the design review commission may appeal the action to the city council.

(b)

The city council shall set the fee for an appeal by resolution.

(c)

The procedure for taking an appeal, giving notice to interested parties, holding the hearing, and making the decision is that prescribed in Section 6-233 of the municipal code.

(Ord. 565 § 2 (Exh. A) (part), 2007)

(a)

The fee for a sign permit shall be established by the city council by resolution.

(b)

The applicant shall pay the fee at the time of filing the application. The fee is nonrefundable.

(c)

If installation work begins or a sign is installed, moved, altered, replaced, repaired, suspended or attached without a permit, staff shall conduct an inspection and the applicant shall pay a fee equivalent to double the usual fee whether or not a permit is subsequently issued.

(Ord. 565 § 2 (Exh. A) (part), 2007)