Division VIII — ELECTRONIC MESSAGE CENTER SIGNS

Electronic message center signs (abbreviated EMCS) are permitted subject to the following standards. Any exception to these standards shall require application for a Standards Variance under the provisions of Chapter 21.25 (Specific Procedures).

(ORD-13-0014, § 19(Att. A), 2013)

The City recognizes that an electronic message center sign, if not carefully regulated and designed, has the potential to cause significant adverse effects upon its surrounding visual environment, and to negatively impact the perception of the environment and condition of its neighborhood. Therefore, to ensure that a process for adequate review is provided for these signs, each EMCS shall require an application for a Conditional Use Permit under the provisions of Chapter 21.25 (Specific Procedures), and additionally shall be subject to the findings specified in Section 21.52.229 - Electronic Message Center Signs (Conditional Uses). Additionally, to ensure a high-quality design, prior to a public hearing on the Conditional Use Permit the Site Plan Review Committee shall be authorized to review the design of the proposed EMCS under the provisions of Chapter 21.25 (Specific Procedures).

(ORD-13-0014, § 19(Att. A), 2013)

Electronic message center signs are subject to the following site restrictions:

A.

Lot or Building Minimum Size. Electronic message center signs are allowed only at a business or shopping center or institutional use that is located upon five (5) or more acres of land. The five (5) or more acres must consist of one (1) contiguous group of parcels or lots, and must be held by one (1) owner. Alternately, an EMCS may be permitted for a single building consisting of one hundred fifty thousand (150,000) square feet or more in gross floor area. Such building must be located on one contiguous parcel or group of lots and be held by one (1) owner.

B.

Same Site as Principal Use. An electronic message center sign shall be located on the same parcel as the principal land use of the business or institution for which the sign is established. The sign shall not be located on a site containing only a land use or uses secondary to the primary operation of the business or

institution. For example, an electronic message center sign shall not be located on a lot or parcel used for automobile storage by an automobile dealership whose primary sales operations are on a different site; nor shall an electronic message center sign be located on a lot or parcel used for parking for an institution if said institution is on a different parcel.

C.

Zones permitted. EMCS shall be allowed in certain zoning districts as provided in Table 44-5.

D.

Street types permitted. EMCS shall be allowed only on a street or highway classified as a Major Arterial, Regional Corridor, or Freeway.

(ORD-13-0014, § 19(Att. A), 2013)

The following requirements shall apply regarding the number, spacing, and form of electronic message center signs, as well as substitution for other sign types and removal of other sign types:

A.

Number. One (1) EMCS shall be allowed for each six hundred feet (600') of total street frontage on a qualifying site (the total may include street frontage more than one (1) street for sites bounded by multiple streets).

B.

Location.

Upon subject site. No electronic message center sign shall be located closer to any interior side property line than twenty-five feet (25'). Lots adjoining freeway or railroad right-of-way may locate an EMCS on the property line adjoining such right-of-way.

Distance from residential. All EMCS shall have a minimum separation of one hundred feet (100') from a residential district.

C.

Spacing.

Between EMCS on same frontage. A radius of three hundred feet (300') shall be required between each EMCS on the same property, on the same street frontage.

Between EMCS on different frontage. No EMCS shall be located less than one hundred feet (100') from another EMCS on a different street frontage (for example, an EMCS on each frontage of a corner lot) on the same property or site.

Between EMCS and freestanding/monument signs. The minimum distance required between a freestanding/monument sign and an electronic message center sign shall be one hundred feet (100').

Between EMCS on different properties. No EMCS shall be located less than three hundred feet (300') from another EMCS on a different property or site.

Freeway-oriented EMCS. A radius of six hundred sixty feet (660') shall be required between all freeway- oriented electronic message center signs. For freeway-oriented EMCS, and EMCS located adjacent to other State highways, if the requirements of the California Department of Transportation (Caltrans) are more restrictive, those requirements shall control.

D.

Sign form. An EMCS may take the form or style of a freestanding sign, monument sign, or wall sign only. Other forms are prohibited.

E.

Substitution for freestanding/monument signs and other sign removal. For each EMCS to be emplaced, two (2) freestanding or monument signs, if extant, shall be removed from the subject site, on the same street frontage as the EMCS. Additional removal of other on-premises sign(s) may be required by the Planning Commission as a condition of approval.

(ORD-13-0014, § 19(Att. A), 2013)

The following design standards shall apply to electronic message center signs:

A.

Bare metal structural supports are prohibited, and shall have an architectural covering instead.

B.

A freestanding EMCS shall have an architectural base and support(s) totaling at least half the width of the sign face.

C.

Use of flat, translucent plastic or acrylic sign faces for the fixed/permanent copy shall be prohibited. Channel letters are preferred, and push-through-type faces may be used on cabinets.

D.

High-quality materials shall be used in the sign overall. Use of metal backgrounds and cabinets is strongly encouraged.

E.

The overall design, form, and structure of the EMCS shall be architecturally interesting and creative, and shall be harmonious with itself and the surrounding land uses. The design should complement the building(s) of the site for which it is emplaced, and, where appropriate, bear a strong architectural relationship to those buildings.

(ORD-13-0014, § 19(Att. A), 2013)

A.

Height and area. The height and area of an EMCS shall not exceed the limits set forth in Table 44-5.

B.

Projection and clearance.

No portion of an electronic message center sign shall project into any right-of-way.

The vertical clearance from grade to the lowest point of the sign is eight feet (8') for pedestrian use and fifteen feet (15') for vehicular use.

Table 44-5 Zoning, Height, and Area Standards for Electronic Message Center Signs

Zoning Districts Standards Permitted area (sq. ft.) Maximum area (sq. ft.) Maximum height (ft.)

(ORD-13-0014, § 19(Att. A), 2013)

The following requirements establish the standards for the display face and copy and messages to be displayed on an electronic message center sign:

A.

Brightness. The following brightness standards and limitations shall apply:

Dawn to dusk: unlimited;

Dusk to dawn: the display surface shall not produce luminance in excess of 0.3 foot-candles above ambient light conditions, or the level recommended by the Illuminating Engineering Society of North America (IESNA) for the specific size and location of the sign, whichever is less;

The display brightness shall be controlled by a photocell or light sensor that adjusts the brightness to the required dusk-to-dawn level based on ambient light conditions without the need for human input. Use of other brightness adjustment methods, such as timer- or calendar-based systems, shall only be used as a backup system;

The display shall be factory-certified as capable of complying with the above brightness standards. Such certification shall be provided to the satisfaction of the Director of Development Services; and

The sign owner shall provide to the City, upon request, certification by an independent contractor that the brightness levels of the sign are in compliance with the requirements of this section.

B.

Display message. The following standards and limitations shall apply to the message shown on the display surface:

The message shown on the EMCS display shall not flash, shimmer, glitter, or give the appearance of flashing, shimmering, or glittering.

The EMCS display shall have no message or illumination which moves, or is in continuous motion, or which appears to be in continuous motion. Display of full-motion video and video-like sequences is prohibited.

The display message shall not change at a rate faster than one (1) message every eight (8) seconds.

There shall be a direct change from each message to the next, with no transition effect, and no blank or dark interval in between, to avoid a flashing or blinking effect.

The intensity of illumination shall not change, except as required to comply with the dusk-to-dawn brightness standards.

All messages shall be limited to on-site advertising of goods or services, or noncommercial messages (i.e., time, temperature, or public service announcements). All off-site advertising messages are prohibited (see "Billboard" Section 21.15.370); this includes messages by or for sponsors, patrons, brands, and other similar off-site parties or entities.

C.

Fixed Copy. Fixed/permanent sign copy on each face of an electronic message center sign shall be limited to the identification of the business, shopping or convention center name or icon and two (2) major tenants or products or services. The fixed/permanent sign copy shall not flash, shimmer, glitter, or give the

appearance of flashing, shimmering, or glittering, and shall be included in the overall sign area as indicated on Table 44-5.

(ORD-13-0014, § 19(Att. A), 2013)

All electronic message center signs shall be adequately shielded and properly oriented and aimed so as to prevent the intrusion of light and glare upon residential land uses, including those in mixed-use districts.

(ORD-13-0014, § 19(Att. A), 2013)

A.

Electronic signs used solely to display prices for gasoline sales at gas stations shall not be required to obtain a conditional use permit. These signs shall be subject to all other applicable requirements of Chapter 21.44.

B.

Electronic message center signs and other similar electronic displays that are not visible from the public right-of-way and any other public or private property shall be exempt from the requirements of this division, except that such a sign or display shall be adequately covered or shielded, and properly oriented and aimed, so as to prevent the emission or generation of light and glare above the sign location. All building and electrical permits shall be obtained as required by the Municipal Code.

(ORD-13-0014, § 19(Att. A), 2013)

It is the intent of this section to recognize that the eventual elimination of existing electronic message center signs that do not conform to this chapter is as important to City-wide aesthetic and health, safety and welfare as is the prohibition of new signs that would violate the provisions of this chapter. It is also recognized that electronic message center signs typically require a much higher initial investment than other classes of signs, and do not recycle with the frequency of other classes of signs. Consequently, separate regulations for nonconforming EMCS are necessary to ensure that legal nonconforming EMCS are addressed as fairly as possible in a manner that avoids any unreasonable invasion of established property rights. Therefore, existing, legally-established electronic message center signs may be used and maintained as legal nonconforming signs, notwithstanding the provisions of Section 21.44.710 (Nonconforming signs), subject to the following restrictions:

A.

A nonconforming EMCS shall not be:

Enlarged or otherwise altered to increase its display area,

Increased in height,

Changed to another type of nonconforming sign,

Structurally altered to extend its useful life,

Converted to a billboard (electronic/digital or otherwise), or

Reestablished after damage or destruction of more than fifty percent (50%) of the value of the sign at the time of such damage or destruction.

B.

The display surface and fixed sign copy of a nonconforming EMCS may be altered and upgraded without affecting the nonconforming status of the sign, provided that such alterations comply with the requirements of Section 21.44.850 regarding brightness, display, copy, and message.

C.

Upon change of the primary land use for which the EMCS was constructed, the new owner or operator shall be required to obtain a new Conditional Use Permit in order to maintain the EMCS at the site. The Planning Commission may, at its discretion, require upgrades to the display surface, fixed copy, and other elements of the nonconforming EMCS to bring it into compliance with the requirements of Section 21.44.850. If a new Conditional Use Permit is not obtained, the EMCS shall be removed immediately.

(ORD-13-0014, § 19(Att. A), 2013)