Martinez Municipal Code Ch. 16.32 General Restrictions

Except as otherwise provided in this title the restrictions set out in this chapter shall apply to all signs in all zoning districts in the City.

(Prior code § 10,201.3; Ord. 822 C.S. § 2, 1975)

Except as otherwise provided herein, all occupancy signs shall be placed flat against the wall of the building, or placed on the roof parallel to the front wall of the building, or suspended from the eaves or from the ceiling of a covered walkway, or any combination thereof. No wall or roof sign shall extend, project or protrude laterally from the building or portion thereof occupied by the business identified by such sign other than as necessitated by the thickness of such sign or as may be necessary to comply otherwise with the sign placement regulation contained herein. Occupancy signs shall not contain moving parts.

(Prior code § 10,201.3(a); Ord. 822 C.S. § 2, 1975)

Roof signs shall only be permitted on a roof covering the ground floor of a building or covering a ground floor walkway, and shall be placed in such a manner that the difference in vertical distance between the highest point on the sign and the top edge of the roof is equal to or greater than the difference between the lowest point on the sign and the low edge of the roof in front of the sign. Roof signs shall be placed only above or in front of the business identified by such sign. No roof sign shall have a vertical dimension of more than 30 inches. Roof signs shall not contain moving parts.

(Prior code § 10,201.3(b); Ord. 822 C.S. § 2, 1975)

Free-standing signs shall not project into or over a public street or thoroughfare, or the right-of-way thereof. The maximum size of a free-standing sign shall be 20 square feet, or 200 square feet if a use permit is obtained under Chapter 22.40. Free-standing signs shall not contain moving parts. A free-standing sign not exceeding 20 feet in height from the finished grade of the ground at the base of the sign to the top of the sign structure may be permitted as part of the total allowable sign area by the Board of Adjustments only if the following findings can be made:

A. A free-standing sign is the only feasible means by which the business conducted on the premises can have the same degree of identification to the traveling and shopping public as that available to business on neighboring premises without free-standing signs; and

B. The free-standing sign will not give the business on the premises a greater degree of identification to the public than that available to business on neighboring premises without free-standing signs; and

C. The free-standing sign is consistent with the objectives of the zoning regulations prescribed in Section 22.02.010 of this Code; and

D. The free-standing sign, if granted, would not adversely affect the preservation of property values in the vicinity.

(Prior code § 10,201.3(c); Ord. 822 C.S. § 2, 1975; Ord. 1051 C.S. § I, 1985)

A. Notwithstanding anything to the contrary stated in this Chapter, City gateway signs ("gateway signs"), which identify the City and may be sponsored (paid for and maintained) by a single commercial enterprise in accordance with the provisions of this Section, shall be permitted at any or all of the following 6 gateway points to the City:

1. Within the City median on the north side of State Route 4 at the Morello Avenue exit;

2. On the south side of State Route 4 and on the west side of the Pine Street/Center Avenue exit (directly adjacent to the John Muir Inn);

3. On the east side of Alhambra Avenue directly north and adjacent to the freeway exit from westbound SR 4;

4. Within the landscaped median on Alhambra Avenue north of Devon Avenue (in the proximity of the existing City sign);

5. Within the landscaped median between Marina Vista and Escobar;

6. Within the City right of way on the north side of the Pacheco Boulevard /Bush Street intersection.

B. Gateway signs shall feature and identify the words, "City of Martinez", and may identify the business sponsoring the sign. The manner in which the City is identified shall be equally as noticeable as the sponsoring business, including colors, size and character of letters and lighting.

C. Gateway signs shall be designed as a monument style sign not to exceed 8 feet in overall height (measured from the finished grade of the ground at the base of the sign to the top of the sign structure) and 200 square feet in area size. An exception may be granted to allow a sign up to 60 feet tall at any of the above identified gateways if the following finding can be made:

That surrounding site constraints prevent or substantially interfere with views of the gateway sign from major arterial roads and/or freeways if the gateway sign is no taller than 8 feet in height.

For purposes of this subsection, "site constraints" shall include but not be limited to the following: limited visibility from the freeway or major arterials, Caltrans improvements, roadway alignment or existing topographic conditions.

In the event a sign taller than 8 feet is requested, it shall not exceed 60 feet in overall height (measured from the finished grade of the ground at the base of the sign to the top of the sign structure).

D. The following design requirements shall apply to gateway signs:

1. Sign colors shall be compatible with surrounding structures.

2. The signs shall contain raised block letters and if the letters are lighted, they shall be back lit and shall have no moving parts. The sign and raised letters shall reflect natural materials, i.e. wood. The materials and style of the sign shall be compatible with the architectural style of the surrounding structures wherever possible. Neon tubing and individual steel poles or uprights are not permitted for gateway signs. The sign shall be placed on two supports finished in the same material as the sign face.

3. All interior illuminated signs shall have an opaque background.

E. Prior to and as a condition precedent to the issuance of a sign permit for the construction and installation of a gateway sign permitted hereunder, the applicant must enter into an agreement with the City, prepare and execute an easement in favor of the City or enter into some other legally binding arrangement with the City which shall include, at a minimum, the following terms and conditions:

1. The applicant shall maintain and repair the gateway sign as long as the sign is standing or as long as the agreement/easement/arrangement is in effect, whichever is longer;

2. The nature and frequency of maintenance shall be determined by the City, in the exercise of its reasonable discretion, and should the applicant fail to maintain the gateway sign at the times and in the fashion specified by the City, the City shall have the right to go upon the property on which the sign is erected and effect the maintenance or repair, all at the sole cost of the applicant;

3. Once approved by the City, the sign cannot be changed and the approval to allow an applicant's business identification to appear on the sign cannot be assigned or transferred (collectively "transfer") without the written approval of the City; provided, that any such approval must be sought and obtained by utilizing the procedures set forth in subsection F, of this Section, provided, further, that as long as the modification and/or transfer has as its sole purpose the changing of the name of the business identification without a change in the nature of the business, the City may not withhold its consent unreasonably; otherwise, the City may withhold its consent for any or no reason;

4. The applicant shall provide security or other evidence that it possesses the resources to perform the terms and conditions of the arrangement;

5. The applicant shall indemnify, defend and hold the City harmless from any and all liability, damages, expenses, attorney's fees and costs arising out of the approval, installation, maintenance and repair of the sign; and

6. The applicant shall comply with the provisions of subsection (F)(5) or (6) of this Section, whichever is applicable.

All other terms and conditions shall be subject to the approval of the City Attorney.

F.

1. Any person desiring to install a sign described in this section must submit an application for design review approval of same with the Community Development Department on forms approved by the Department, pursuant to Chapter 16.28.

2. Any person desiring to invoke the exception specified in subsection C of this Section shall also submit an application for a use permit with the Community Development Department as required by the Department, pursuant to Chapter 22.40. Not withstanding Chapter 22.40 to the contrary, the application for the use permit shall be made to and decided by the Planning Commission; the hearing and notice thereof shall be held and given pursuant to Sections 22.40.040 and 22.40.050; the Planning Commission shall have the powers and make the findings specified in Section 22.40.070; and any appeal of the Planning Commission or Design Review decision shall be taken pursuant to Section 22.40.100.

3. The applications shall be considered and acted upon by the Planning Commission whose decision shall be final unless appealed to the City Council within 10 days after the Planning Commission makes its decision. Notice of hearing for design review before the Planning Commission and, if appealed, before the City Council, shall conform to the noticing requirements of the City Code.

4. As to gateway signs which are proposed to be installed and/or constructed on a gateway point owned by the City, the City shall have the right to deny the application therefor for any or no reason.

5. As to gateway signs which are proposed to be installed and/or constructed on a gateway point owned by the City, the City shall have the right to terminate such use of its property and to compel the applicant to remove the sign, all at the applicant's sole cost, upon reasonable notice (not to exceed 90 days), which said notice and the City's rights described in this subsection shall be specified in the arrangement described in subsection E of this Section.

6. As to gateway signs which are proposed to be installed and/or constructed on a gateway point owned by the City, the City shall have the right to terminate such use and to compel the applicant to remove the sign, all at the applicant's sole cost, in the event that the applicant has (a) violated this Section; (b) with respect to the sign, violated any other provision of this Code, State or federal law and/or the regulations promulgated thereunder; and/or (c) breached the arrangement described in subsection E of this Section. Said rights to terminate the use and compel the removal of the gateway sign shall be exercisable by the City only after it has given the applicant reasonable notice to cure the violation/breach, and if such cure has not occurred within the time specified by the City, then the City may exercise its rights hereunder after (i) providing the applicant notice of hearing, (ii) conducting a hearing to revoke the applicant's privilege to use its property in the fashion permitted under this Section and (iii) making written findings specifying the reasons for any decision made by the City after the conclusion of said hearing. Provisions substantially similar to those specified in this subsection shall be included in the arrangement described in subsection E of this Section.

(Ord. 1278 C.S. § 1, 2000)

Portable free-standing A-frame type signs shall be permitted in all commercial zone districts subject to the exceptions and conditions following:

A. A business shall be allowed a maximum of one A-frame sign to be placed in front of the business or in front of a nearby business, a maximum of 100 feet from and on the same side of the street as the advertising business, with the written approval of the property owner of the neighboring business and the approval of the Community Development Department.

B. A business which conducts any part of its operation above the ground floor shall be permitted to install an A-frame sign pursuant to this Title with the written approval of the property owner and the approval of the Community Development Department. A maximum of one A-frame sign may be placed in front of each business.

C. Portable A-frame signs shall be placed so that the free flow of pedestrian traffic is not obstructed. Specifically, signage shall be placed adjacent to curbs, at least 14 feet from the street corner (see sketch B, below) or as approved by the Community Development Department.

D. A business in a shopping center may place a maximum of one A-frame sign behind or on the sidewalk in front of the shopping center or in other locations on the shopping center property, with the written consent of the property owner. The location of these signs shall be subject to review by the Community Development Department to ensure that visibility and/or pedestrian use of the sidewalk are not impeded by the sign.

E. The maximum size of a portable freestanding A-frame sign shall be three feet in height by two feet in width.

F. Lights, moving parts, removable flyers and/or flexible materials shall be prohibited on portable A-frame signs.

G. Prior to installation or use, the location, the design and materials of portable free-standing A-frame signs must receive the Administrative Design Review approval of the Community Development. Department which is authorized to impose conditions on the approval.

H. Administrative variances to the restrictions on the number of signs and the distance of signs from the advertising business may be approved by the Community Development Director.

I. Portable Free-standing A-frame signs shall be properly maintained and removed when the establishment is not open for business. If there exists a safety hazard due to the lack of lighting after dark an A-frame sign shall be removed from the exterior of the business prior to dark.

J. All A-frame signs existing on May 16, 1994 may be grandfathered in, but administrative design review approval by the Community Development Department shall be required. If the existing sign does not meet the location standards of this section, an administrative variance must be applied for. There shall be no fee for the design review. The fee for the variance shall be that as set by City Council Resolution.

K. The business owner and the property owner of new and existing A-frame signs shall sign an agreement holding the City harmless for damages caused by their signs located in the City right-of-way.

(Ord. 979 C.S. § 2, 1982; Ord. 1215 C.S. § I, 1994)

No part of any sign attached to a building shall be higher than 25 feet from the finished grade of the ground below the sign to the highest elevation of the sign structure, except that the Board of Adjustments may allow a sign to be higher than otherwise permitted herein providing the following findings are made:

A. Good design criteria requires a higher sign; and

B. The business identified by the sign occupies all floor space adjacent to the wall upon which the sign is to be placed, from the ground to the top of the sign; and

C. That the higher sign improves the architectural appearance of the building.

(Prior code § 10,201.3(d); Ord. 822 C.S. § 2, 1975)

A. No individual sign face, or elements related in such a manner as to comprise one sign, shall exceed 200 square feet of surface area. The maximum total sign surface area permitted for a business shall not exceed one square foot of sign area for each front foot of principal building frontage occupied by such business, plus one square foot of sign area for each 200 square feet of gross floor area occupied by such business. Notwithstanding the above limitations, no ground floor business shall be restricted to less than 20 square feet of sign area, and the total sign area for any one ground floor business shall not exceed 200 square feet, except as otherwise provided herein.

B. Any business occupying a building or portion of a building which is set back more than 100 feet from a street may increase the wall sign area otherwise permitted to face such street by twenty-five percent (25%).

C. Any business which has customer entrances on other than the major street frontage may have additional wall sign area on each building face which contains a customer entrance. The sign area on each such other building faces for any building occupying less than 50,000 square feet of floor area shall not exceed sixty percent (60%) of the sign area permitted on the primary building face. The Board of Adjustments may allow additional sign area not to exceed 200 square feet of signing on each of such other building faces for any business occupying in excess of 50,000 square feet of gross floor area.

D. "Frontage," as used in this chapter, means the length of the principal frontage of a building or portion thereof occupied by one business and exposed to a public street or parking lot. If the building frontage does not consist of any straight line, the frontage of any offset portion shall be projected for computation purposes to the extension of the line of the major portion of the frontage.

E. Any business which is not on the ground floor shall not be allowed any sign on the exterior of the building except where the principal access to the business is by a stairway opening to the outside, in which case such business shall be permitted 3 square feet of sign area.

(Prior code § 10,201.3(e); Ord. 822 C.S. § 2, 1975)

Shingle signs and suspended signs shall be subject to review by the Board of Adjustments. In approving a shingle or suspended sign, the Board of Adjustments shall make the following findings in addition to the findings required of all signs:

A. The sign, if nonilluminated, is constructed of painted or stained wood, or material simulating wood;

B. The message on the sign is limited to the name of the business and the principal classification of goods or services rendered on the property;

C. The sign will not be attached to any structure other than a building;

D. No portion of the sign will exceed the elevation of the eaves of the building to which it is attached, and in no case will it exceed 11 feet from the finished grade of the ground below the sign;

E. The sign will be not more than 3 inches thick nor less than ½ inch thick except as reasonably required in connection with some graphic element of the sign;

F. The sign will be not less than 7 ½ feet above any pedestrian walkway, and not above any vehicular passageway;

G. The installation of the sign will not exceed the permitted sign surface area;

H. There is no on-site free-standing sign accessory to the same business;

I. The sign is reasonably required for and assists in the identification of the premises by pedestrians approaching along public passageways or open space;

J. The sign will have no garish or obtrusive qualities and will embody strong elements of quality graphic design;

K. Neither the supporting structure nor the proposed external lighting will materially detract from the design quality of the sign or building.

(Prior code § 10,201.3(f); Ord. 822 C.S. § 2, 1975)

One temporary real estate sign not exceeding 12 square feet of sign surface area may be displayed during any period a parcel of real property is for sale, rent or lease; and such a sign may be continued for not more than fifteen (15) days thereafter. The sign shall state the name of the seller, telephone and address, and whether for sale, rent or lease.

(Prior code § 10,201.3(g); Ord. 822 C.S. § 2, 1975)

One temporary sign not exceeding 12 square feet in surface area announcing a future use is permitted providing such sign shall not be erected until there is a valid permit for such use and/or construction, and shall be removed not later than fifteen (15) days after the completion of the main building. Such sign may be combined with a real estate sign as permitted by Section 16.32.070, but shall not be in addition thereto. In addition to the future use sign, a temporary sign not exceeding 12 square feet in surface area denoting the architect, engineer, contractor, financier or persons of similar capacity, may be placed upon real property upon which a building is being constructed. The signs permitted by this section and Section 16.32.070 may be combined into one sign not exceeding a surface area of 24 square feet.

(Prior code § 10,201.3(h); Ord. 822 C.S. § 2, 1975)

Temporary signs attached to or painted on windows are exempt from these regulations.

(Prior code § 10,201.3(i); Ord. 822 C.S. § 2, 1975)

No sign shall contain flashing lights, lights in any manner that are excessively bright, lights that depict moving arrows or animation, or lights that could result in confusion with traffic lights.

(Prior code § 10,201.3(j); Ord. 822 C.S. § 2, 1975)

No pennants, banners or other paraphernalia composed of paper, cloth, plastic or other flexible material shall be permitted except as authorized by the City Council for city-wide promotional events or celebrations, except that permits may be issued for pennants, banners and similar advertising devices placed over private property to advertise business openings, providing such pennants, banners or similar devices are permanently removed within fifteen (15) calendar days after the first day of such opening, or within twenty (20) calendar days of installation whichever occurs first. The term "business opening" shall not be construed to include openings of sales or rentals of subdivisions or real estate development projects.

(Prior code § 10,201.3(k); Ord. 822 C.S. § 2, 1975)

Notwithstanding any other provision of this title, non-commercial signs may be placed in lieu of the identification, occupancy and commercial advertising signs which are allowed by the provisions of this title, provided such non-commercial signs do not exceed the number, location, height and other applicable requirements or restrictions for such identification, occupancy and commercial advertising signs on the particular property on which they are placed, and provided that such non-commercial signs meet the other requirements of this title.

(Ord. 1059 C.S. § 6, 1986)

On office buildings four or more stories tall, a maximum of one tenant identification sign in addition to the master identification sign may be permitted with a Use Permit subject to the following conditions:

A. The tenant must occupy a minimum of 25,000 gross square feet of the building area;

B. The sign copy shall be limited to the company name and logo;

C. The sign shall be compatible with the architecture of the building;

D. The signing and logo shall consist only of individual letters mounted on an architectural surface, and shall be indirectly lighted (no cabinet signs or floodlights);

E. Letter size shall be appropriate to the size of the building but in no case higher than 48 inches;

F. The maximum total sign surface area permitted shall be one square foot of sign for each 200 square feet of gross area occupied by such business. The total area of the sign shall not exceed 200 square feet.

(Ord. No. 1134 C.S. § I, 1989)