Chapter 9.26 — OFF-STREET LOADING/UNLOADING STANDARDS

These provisions establish comprehensive standards to regulate the number, design, and location of offstreet freight and equipment loading/unloading areas, in a manner which ensures the following:

(a)

Accessible, attractive, secure and well-maintained loading/unloading and delivery facilities.

(b)

Reduced potential for traffic congestion and hazards.

(c)

Protection for adjacent parcels and surrounding neighborhoods from the effects of vehicular noise and traffic generated from the anticipated land use.

(d)

Loading/unloading and delivery services in proportion to the needs generated by the proposed use(s) which are clearly compatible with adjacent parcels and the surrounding neighborhood.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.26.010. - Applicability.

Every nonresidential use shall have permanently maintained off-street loading/unloading areas pursuant to the following provisions.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.26.015. - Number of loading/unloading spaces required.

(a)

Off-street freight and equipment loading/unloading spaces shall be provided for all offices, hospitals, institutions, hotels, senior group housing, schools, and other commercial and industrial land uses.

(b)

The following minimum number of loading/unloading spaces shall be provided for each use:

Requirements for uses not specifically listed shall be determined by the director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.26.020. - Development standards.

Off-street loading/unloading spaces shall be provided in the following manner:

(a)

Access. When the parcel upon which the loading/unloading space is located abuts an alley, the loading/unloading space shall have access from the alley.

(b)

Dimensions. Required freight and equipment loading/unloading spaces shall be not less than 15 feet in width, 50 feet in length, with 14 feet of vertical clearance.

(c)

Lighting. Loading/unloading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the structure(s). Any illumination, including security lighting, shall be directed away from adjoining parcels and public rights-of-way.

(d)

Location. Freight and equipment loading/unloading spaces shall be located and designed as follows:

(1)

Adjacent to, or as close as possible to, the main structure, and limited to the rear two-thirds of the parcel.

(2)

Situated to ensure that the loading/unloading facility shall not be visible from any major public right-of-way.

(3)

Situated to ensure that all loading/unloading and unloading/unloading takes place on-site, and in no case within adjacent public rights-of-way, or other traffic areas on-site.

(4)

Situated to ensure that all vehicular maneuvers occur on-site.

(e)

Screening. All loading/unloading areas abutting residentially zoned parcels shall have a six-foot high solid architecturally treated decorative masonry wall, approved by the director, to properly screen the loading/unloading area(s). All wall treatments shall occur on both sides. In addition, adequate area shall be provided adjacent to public rights-of-way to accommodate a required three-foot high permanently maintained and irrigated landscaped berm.

(f)

Security. All loading/unloading facilities shall be designed, constructed and maintained with security as a priority to protect the safety of the users.

(g)

Striping. Loading/unloading areas shall be striped indicating the loading/unloading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained in a clear and visible manner at all times.

(h)

Surfacing. Loading/unloading areas shall be surfaced with a minimum thickness of four inches of asphaltic concrete over a minimum thickness of six inches of an aggregate base material or an appropriate structural section to be approved by the city engineer.

(i)

Wheel stops/curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided for all loading/unloading spaces. Wheel stops shall not be used in lieu of curbing.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.26.025. - Passenger loading/unloading.

(a)

Passenger loading/unloading spaces shall be provided in addition to any required freight and equipment loading/unloading spaces whenever required by a planned development permit. Passenger loading/unloading spaces shall be not less than ten feet wide and 20 feet long, shall be located in close proximity to the structure entrance, and shall not require pedestrians to cross a driveway, parking aisle,

alley, or street in order to reach the structure entrance. Required loading/unloading spaces shall not count as required parking spaces.

(b)

Accessible passenger drop-off and loading/unloading zones shall be provided in the following manner:

(1)

General. Where provided, one passenger drop-off and loading zones shall provide an access aisle at least 60 inches wide and 20 feet long adjacent and parallel to the vehicle pull-up space. Such zones shall be located on a surface with a slope not exceeding one vertical in 50 horizontal. If there are curbs between the access aisle and the vehicle pull-up space, a curb ramp shall be provided.

(2)

Vertical clearance. Provide a minimum vertical clearance of 114 inches at accessible loading/unloading zones and along at least one vehicle access out to such areas from site entrances and exits.

(3)

Valet parking. Valet parking facilities shall provide a passenger loading/unloading zone complying with above and shall be located on an accessible route to the entrance of the facility. The parking space requirements for accessible parking space design apply to facilities with valet parking.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.27. - LANDSCAPING STANDARDS

Sec. 9.27.005. - Purpose.

The purpose of this chapter is to establish landscaping regulations that are intended to:

(a)

Enhance the aesthetic appearance of development in all areas of the city by providing standards relating to quality, quantity and functional aspects of landscaping and landscape screening.

(b)

Increase compatibility between residential and abutting commercial and industrial land uses.

(c)

Reduce the heat and glare generated by development.

(d)

Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A concept landscaping plan (which may be included on a detailed site plan) shall be submitted as part of a permit application, pursuant to chapter 9.55 (Applications and Fees).

The concept plan shall meet the intent of this chapter by exhibiting a generalized design layout which adequately demonstrates the desired landscaping program in terms of location, size/scale, function, theme and similar attributes. The concept plan shall provide the review authority with a clear understanding of the landscaping program prior to the preparation of a detailed, comprehensive landscaping plan.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.27.015. - General regulations.

The comprehensive landscaping plan shall be prepared only after approval of the permit application by the review authority. Submittal of the comprehensive plan shall be concurrent with the required grading plan(s) and other documents and reports.

This section and those that follow provide the regulations to be followed in the preparation of the comprehensive landscaping plan/program. In addition to the following regulations, the director may require further information to ensure effective implementation of a comprehensive landscape/irrigation plan.

(a)

Landscaping plans shall be prepared by a landscape architect registered to practice in the State of California.

(b)

Landscape designs shall be in harmony with the surrounding environment.

(c)

Landscape design and construction shall emphasize drought-tolerant landscaping whenever/wherever possible.

(d)

A fully dimensioned comprehensive landscape/irrigation plan shall include, but not be limited to, the following:

(1)

List of plants (common and Latin);

(2)

Size;

(3)

Location;

(4)

Irrigation plan;

(5)

Hardscape;

(6)

Water elements; and/or

(7)

Any other information deemed necessary by the director.

(e)

The planting of trees, shrubs and ground cover shall comply with the following installation requirements:

(1)

A minimum of 15 percent of the net site area shall be landscaped.

(2)

Landscape areas shall have plant material selected and plant methods used which are suitable for the soil and climatic conditions of the site. Sizes of the plant materials shall conform to the following minimum mix:

Trees:

20 percent, 24-inch box; 50 percent, 15-gallon; and 30 percent, 5-gallon

Shrubs:

60 percent, 5-gallon; and 40 percent, 1-gallon

Ground cover:

100 percent, within one year

In addition, mature specimen trees in 36 inch and 48 inch boxes shall be provided in sufficient quantity, subject to the approval of the director, to provide variety and emphasis of focal areas in the landscaping plan.

(3)

Trees shall be long-lived (minimum life expectancy of 60 years), clean, require little maintenance, be structurally strong, insect and disease resistant, and require little pruning.

(4)

Trees and shrubs shall be planted so that at maturity they do not interfere with utility service lines, traffic safety sight areas, and basic property rights of adjacent property owners, particularly the right of solar access pursuant to section 9.20.015 (Solar Energy Development Standards).

(5)

Trees planted near public curbs shall have a limited root structure and shall be installed so as to prevent physical damage to sidewalks, curbs, gutters and other public improvements. A deep root system shall be used.

(f)

Where trees are planted in paved areas, they shall have a protected tree gate. Tree gates shall be cast iron with a natural finish. A deep root system shall be used.

(g)

Concrete mow strips shall be required to separate all turf areas from other landscaped areas.

(h)

Buffer planting shall occur along all freeways and major arterials in order to visually screen uses and provide noise reduction. This landscaping shall be in addition to the screening requirements outlined in section 9.27.020.

(i)

Appropriate shrubbery and creeping vines shall be provided along all walls and fences adjoining public rights-of-way.

(j)

When inorganic ground cover is used, it shall be in combination with live plants and shall be limited to an accent feature.

(k)

All landscaped areas shall have an approved automatic irrigation system(s).

(l)

All residential developments shall be provided with trees, shrubs, ground cover, and automatic irrigation systems of a type and quality generally compatible with single-family dwellings in the front yard and that portion of the side yards visible from the public rights-of-way and shall be permanently maintained pursuant to section 9.27.040.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.27.020. - Screening requirements.

Each development shall be provided with sufficient screening so that neighboring properties are effectively shielded from any potential adverse impacts of that development or so that the new developing use shields itself from exiting potential impacts from uses already in operation.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.27.025. - Setback and parkway treatment standards.

Landscape plans for setback and parkway areas shall include, but not be limited to, the following:

(a)

Setback and parkway areas shall be properly designed and landscaped in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize uniform street tree plantings with complementary landscape materials.

(b)

Provide a design which ensures the desired screening, shading, appearance and compatibility with established setback and parkway areas, including a sensitive transition between diverse landscape types and patterns.

(c)

Incorporate mounding within the overall design, with landscaped slopes not exceeding a 3:1 ratio, or three feet in height. A minimum depth of six feet of landscaping shall be placed on the exterior side of all perimeter walls and fences.

(d)

Incorporate walls and fences into the landscape design, including the special treatment of meandering walls, and wall breaks or openings where the design shall complement the interior landscaping of the adjacent development.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Landscape plans for any development involving corner parcels shall include additional special design requirements, including, but not limited to, the following:

(a)

A minimum landscape area of 500 square feet for each corner area adjacent to a "major/secondary arterial" street, and 300 square feet for each corner area adjacent to a "collector" street.

(b)

Incorporate significant landscape and water features, including specimen trees, coordination with wall breaks or openings, and special "city entry" image treatment, wherever appropriate.

(c)

Specimen trees shall be a minimum of 24-inch box size.

(d)

Ensure that any corner landscape plan within a "traffic safety sight area" shall be designed to protect public safety.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.27.035. - Installation of landscaping.

All required landscaping shall be properly installed, irrigated, inspected and maintained prior to use inauguration or the issuance of a certificate of occupancy, whichever first occurs.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.27.040. - Maintenance of landscaping.

(a)

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and timely replacement of dead plants, and the repair and timely replacement of irrigation systems and integrated architectural features.

(b)

Prior to the issuance of a certificate of occupancy, the landowner shall file, with the department, a maintenance agreement and easement subject to the approval of the city attorney. The agreement and easement shall ensure that if the landowner, or subsequent owner(s) fails to maintain the required/installed site improvements, the city may file an appropriate lien(s) against the property in order to accomplish the required maintenance.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Removal of healthy, shade providing, aesthetically valuable trees shall be discouraged.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.27.050. - Applicable regulations.

All landscape plans shall be subject to the applicable regulations of this code, including provisions located in the following chapters:

(a)

Chapter 9.48 Conditional Use Permits

(b)

Chapter 9.26 Off-Street Loading Standards

(c)

Chapter 9.25 Off-Street Parking Standards

(d)

Chapter 9.47 Planned Development Permits

(e)

Chapter 9.20 Property Development Standards

(f)

Chapter 9.29 Sign Standards

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.28. - NONCONFORMING STRUCTURES AND USES

Sec. 9.28.005. - Purpose.

These provisions provide for the regulation of legal nonconforming structures, uses, and property. Generally, nonconformities should be eliminated over time. Accordingly, nonconformities may be maintained, but not expanded. Further, nonconformities which substantially and adversely affect the orderly development and taxable value of other property in the district should be amortized. In these cases, the adoption of a reasonable amortization program permits the owner to realize an investment, thereby minimizing loss, while at the same time ensuring the public that the zoning district in which the nonconformity exists will eventually benefit from a substantial uniformity of permitted uses.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.010. - Land use permitted.

No property in the city shall be used for any purposes except those permitted in the zoning district in which the property has been classified.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.015. - Restriction on improvements of nonconformities.

Nonconformities may be continued subject to the following conditions:

(a)

A nonconforming structure or nonconforming use may not be reestablished after having been abandoned or discontinued for a period of 90 consecutive days or a total of six nonconsecutive calendar months. This discontinuance shall cause the structure or use to be deemed to have ceased and the structure or use shall not be reinstated or further continued unless specifically permitted by the commission after a hearing in compliance with this chapter. The discontinuance or abandonment of the active and continuous operation or occupation of the nonconforming structure or use, or a part or portion thereof, for these periods, is construed and considered to be an abandonment of the nonconforming structure or use, regardless of any reservation of an intent not to abandon the same or of an intent to resume active operations. If abandonment is evidenced by the actual removal of structures, machinery, equipment or other evidences of the nonconforming structure or use, the abandonment shall be construed and considered to be completed within a period of less than 90 days and all rights to reestablish or continue the nonconforming structure or use shall thereupon terminate.

(b)

A nonconforming structure may not be added to, structurally altered or enlarged in any manner, except as provided in subsection (e). No nonconforming structure may be added to, structurally altered or enlarged unless the modification makes the structure more conforming or is required by this code, city ordinance or by state law.

(c)

A nonconforming use occupying a conforming structure or portion thereof or occupying any parcel shall not be enlarged or extended into any other portion of the structure or land.

(d)

Any nonconformity which does not conform to these conditions shall be immediately abated subject to the Notice and Hearing procedures described in sections 9.28.025 through 9.28.055.

(e)

Where a structure is nonconforming only by reason of inadequate setbacks, yard size or open space, structural additions, alterations or enlargements of the existing structure shall be permitted, provided the additions, alterations, or enlargements shall observe all current setback and open space requirements for the parcel or site. In no case shall an addition, alteration or enlargement of a nonconforming structure extend the original termination date, if any, of a nonconformity without an exception granted by the commission or council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Commencing with the service of notice described in section 9.28.025 the following nonconformities shall be discontinued and brought into conformity within the following time periods:

(1)

Where the property is unimproved, one year.

(2)

Where the property is unimproved except for structures of a type for which the City Building Code does not require a building permit, three years.

(3)

Accessory structures, three years.

(4)

A nonconforming use conducted in a structure designed to serve a use permitted in the zoning district, five years.

(5)

Any nonconformity resulting from the addition of chapter 9.59 (Nuisance Abatement) to this code six months.

(6)

Type I and II buildings (fire resistive), 50 years.

(7)

Type III or type IV buildings (heavy timber construction and ordinary masonry), 40 years.

(8)

Type V building (light incombustible frame and wood frame), 30 years.

(9)

For all legal nonconforming signs existing on parcels within the city on the effective date of this chapter, the amortization period shall be as outlined in the following table:

For the purpose of this section, the value of a sign shall be the value of the sign on the effective date of this code, or any subsequent ordinance or regulation rendering the sign nonconforming. The director shall revise the replacement values annually based upon the increase in the local consumer price index.

(10)

A nonconforming sand and gravel use, ten years.

(11)

Roofing materials, the rated lifetime of the material, or 20 years where the rated lifetime of the material is not available, less the age of the roof, provided, that where the roofing material was installed in violation of the applicable covenants, conditions and restrictions, the otherwise applicable amortization period shall be reduced by two.

(12)

Any nonconforming structure or use which is not specifically enumerated, five years.

(b)

Any use which does not comply with this section shall be deemed a public nuisance and shall be abated accordingly unless an exception therefore shall have been granted by the commission or council.

(c)

As an exception to the contents of subsections (a) and (b) under this section, there are no amortization and termination provisions for dwellings, commercial buildings, and industrial buildings only nonconforming with regard to required yards and minimum lot size.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.025. - Notice.

(a)

Upon determination that the provisions of this chapter apply to a given parcel of land, the director shall send a notice thereof by United States certified mail, return receipt requested, to the owner thereof as shown on the last equalized assessment roll, shall cause the property to be posted with a similar notice, and shall publish the notice at least once in a newspaper of general circulation.

(b)

The notice provided for in this section shall state that the property in question is a nonconformity, state the date of abatement established in section 9.28.020, and state that the date of abatement may be appealed to the commission within 30 days of the date appearing on the notice.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.030. - Appeal.

The owner of any parcel upon which a nonconforming structure or use is being maintained may appeal the length and the classification of the amortization period described in the notice provided pursuant to section 9.28.025 by submitting an appeal on a form provided by the director and accompanied by any required fee pursuant to chapter 9.55 (Applications and Fees), within 30 days of the date indicated on the notice.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.035. - Hearing.

(a)

Within 60 days after receipt of an appeal, the commission shall hold a public hearing to determine whether the nonconformity should be abated as indicated in the notice, or whether a time extension should be granted as provided in section 9.28.060.

(b)

Notice of the hearing shall be provided in the same manner as the notice of abatement. In addition, notice shall be provided by mail to the owners and commercial tenants of all abutting parcels.

(c)

The commission shall receive written and oral testimony at the hearing in regard to the term of abatement. In conducting the hearing, the owner shall be permitted to call witnesses and be represented by counsel.

(d)

At the close of the hearing, the commission shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the parcel can amortize his or her investment in the term for abatement provided in section 9.28.020 and if not, what term for abatement should be provided as specified in section 9.28.060. The burden of proof shall be upon the owner to demonstrate by a preponderance of the evidence that the owner is entitled to a longer abatement period than provided for in section 9.28.020.

(e)

The commission shall also find and determine whether the structure encompassing the nonconforming use can economically be used in its present condition or can successfully be modified for a purpose permitted by the zoning district in which it is located.

(f)

The commission may require reasonable modifications or alterations to any nonconformity to improve the nonconformity's appearance or compliance with this code, Municipal Code, or state law, except that any modification or alteration which would extend the useful life of the nonconformity is expressly prohibited unless an exception has been granted by the commission or council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.040. - Decision and order.

The decision of the commission and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner personally or by United States certified mail, return receipt requested, within ten days after the decision is rendered. The order shall be binding upon the owners, and the owners' successors, heirs and assignees.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.045. - Right of further appeal.

(a)

Any interested person may appeal the decision of the commission to the council within 15 days of service of the order upon the owner. The appeal hearing shall be noticed in the same manner as the original hearing before the commission.

(b)

Each appeal shall be accompanied by other documents and information the director deems necessary to adequately explain and to provide proper notification for the appeal. Each appeal shall outline specifically and in detail the grounds for the appeal. The council may refuse to consider issues not raised in the written appeal.

(c)

When an appeal has been accepted, the director shall forward to the council all documents and information on file pertinent to the appeal, together with the minutes or official action of the commission, and a report on the basis of the decision and the appropriateness of the appeal.

(d)

The council shall consider the appeal at a public hearing, including all information and evidence submitted with the original application, and any additional information and evidence the appellant may submit which the council finds to be pertinent.

(e)

The action of the council shall be to sustain, deny, conditionally sustain, or refer the appeal back to the commission with direction(s), all in compliance with the same requirements and procedures that were applicable to the commission.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

After the conclusion of all appeals, the notice of the decision and order of the commission, or the council in the case of a further appeal, shall be recorded with the Orange County Recorder's Office.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The council may appoint a hearing officer to conduct the hearing described in section 9.28.035 and appoint the commission to conduct the appeal described in section 9.28.045. If the council appoints the commission to hear appeals, there shall be no right of further appeal to the council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.060. - Extension of time.

(a)

The commission shall grant an extension of the time for abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner.

(b)

The commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including, but not limited to, the following:

(1)

The nature of the use.

(2)

The amount of the owner's investment in improvements.

(3)

The convertibility of improvements to permitted uses.

(4)

The character of the neighborhood.

(5)

The detriment, if any, caused to the neighborhood by continuance of the nonconforming use.

(6)

The amount of time needed to amortize the investment.

(7)

The depreciation schedule attached to the owner's latest federal income tax return.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.065. - Conditional use permit.

Any owner of a nonconforming use resulting from the addition of chapter 9.48 to this code pertaining to conditional use permits shall apply for a conditional use permit within one year of receiving a notice from

the director. The notice shall state that the owner has 1 year to apply for the permit, and that if the owner does not apply, or if the permit is denied, an amortization period will be established in compliance with this chapter.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.070. - Repairs and alterations.

(a)

Ordinary maintenance, repairs and alterations may be made to a nonconforming structure, or a conforming structure occupied by a nonconforming use, provided that no structural alteration shall be made if the expense of the restoration exceeds 50 percent of the replacement cost of the structure at the time the construction is proposed. Any nonconforming structure, or structure occupied by a nonconforming use partially destroyed may be restored provided restoration is started within 90 days of the date of partial destruction and diligently pursued to completion. Whenever a nonconforming structure or structure occupied by a nonconforming use is damaged in excess of 50 percent of its replacement cost at the time of damage, the repair or reconstruction of the structure shall conform to all the regulations of the zoning district in which it is located and it shall be treated as a new structure, and any nonconformity shall be cured.

(b)

Where any part of a nonconforming structure is acquired for public use, the remainder of the structure may be repaired, reconstructed, or remodeled, with the same or similar materials as used in the existing structure.

(c)

Disagreements with the interpretation of the provisions of this section shall be heard and resolved by the commission, subject to appeal to the council. The burden of proof shall be on the owner to demonstrate by a preponderance of the evidence that the cost of repairs is less than 50 percent of the replacement cost of the structure.

(d)

Nothing in this section shall be construed to excuse any owner, occupant or contractor from rebuilding or repairing any damaged structure in compliance with the requirements of the uniform construction codes, or any other health or safety requirements imposed by local, state, or federal law or regulation in effect at the time of the repair or rebuilding.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.075. - Expansion of nonconforming structure or use.

An existing legal nonconforming structure or use may be minimally expanded or changed subject to the granting of a variance after a noticed public hearing as specified in chapter 9.56 (Hearing and Appeals), and if all of the following findings are made in addition to those listed in section 9.46.025 (Variance Findings):

(a)

That the expansion or change is minimal.

(b)

That the expansion or change will not adversely affect or be materially detrimental to adjoining properties.

(c)

That there is a need for relief of overcrowded conditions or for modernization in order to properly operate the use.

(d)

That the use is existing and has not been discontinued for a period of 90 consecutive days.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any nonconformity continuing beyond the date for abatement as established by this chapter or as extended by the commission or council is a public nuisance.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.085. - Substitution of a nonconforming use.

Subject to commission approval, a legal nonconforming use may be replaced by another nonconforming use, provided that the substitute use is less detrimental to the public welfare and to the property of persons located in the vicinity thereof than is the original nonconforming use. The change of use shall not extend the termination date established for the original nonconforming use.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.28.090. - Termination—Violation of laws.

Any one of the following violations of the Municipal Code shall immediately terminate the right to operate a nonconformity, except as otherwise provided in this chapter:

(a)

Changing a nonconforming use to a use not permitted in the zoning district;

(b)

Increasing or enlarging the area, space or volume occupied by or devoted to a nonconformity; or

(c)

Addition to a nonconforming use of another use not permitted in the zoning district.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.29. - SIGN STANDARDS DIVISION 1. - GENERAL PROVISIONS

The purpose of this chapter is to establish guidelines and standards for the uniform regulation of signs and sign structures so as to allow for expression by signs while assuring adequate identification of businesses and other activities, as well as maintaining or improving the quality of the visual environment within the city. The procedures and regulations of this chapter are enacted to:

(a)

Ensure that signs erected within the city are compatible with their surroundings and are in keeping with the goals and objectives of the general plan of the city.

(b)

Aid in the identification of properties, land uses and businesses.

(c)

Promote commerce, traffic safety, and community identity while also promoting and enhancing the quality of the visual environment of the city.

(d)

Protect and enhance property values.

(e)

Lessen the objectionable effects of competition in the placement and size of signs.

(f)

Reduce hazards to motorists and pedestrians.

(g)

Avoid visual clutter.

(h)

Provide procedures and standards to control the location, size, type, number, and all other matters pertaining to signs within the city.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, § 1, 4-2-07)

Sec. 9.29.110. - Definitions.

(a)

The following words, phrases, and terms as used in this chapter shall have the meaning as indicated below:

(1)

Activity. A business establishment with direct access to a parking lot or public right-of-way, and under separate management from any other business establishment within the same building.

(2)

Abandoned sign. Any sign which was lawfully erected, but whose use has ceased or whose structure has been abandoned by the owner thereof for a period of 90 or more consecutive days.

(3)

Advertising device. Any balloon, flag, pennant, banner, propeller, oscillating, rotating, pulsating or stationary light, or other contrivance (except lawfully permitted signs) used to attract attention.

(4)

Advertising display. Any device, contrivance, statue, or structure (other than a sign) used as a display, regardless of size and shape, for the purpose of attracting attention.

(5)

Alteration. Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.

(6)

Area of a sign. The measurement of a sign's surface according to section 9.29.155.

(7)

Attached sign. Any sign which is permanently affixed to a building, including wall signs.

(8)

Automotive service station. A retail place of business engaged primarily in the sale of motor fuels, and supplying only those incidental goods and services which are required in the day-to-day operation of automotive vehicles and the fulfilling of motorist's needs.

(9)

Banner sign. A sign made of nonrigid fabric, plastic, or other flexible material containing an affixed message and capable of being viewed from any public right-of-way, parking area, or neighboring property.

(10)

Billboard or outdoor advertising structure. A structure of any kind or character erected or maintained for the purpose of advertising a business, activity, service, or product not sold or produced on the premises upon which said structure is placed.

(11)

Building frontage. The lineal extent of a building or activity which has frontage on either a public right-ofway or parking area. The length of the building facing the public right-of-way or parking lot shall be used to determine the amount of signage permitted.

(12)

Canopy. A rooflike structure connected to and projecting from a building. The structure may be constructed of any material and at any length.

(13)

Canopy sign. Any sign attached, painted, or constructed upon a canopy.

(14)

Changeable copy sign. Any sign designed and intended to have an easily and readily changeable copy, such as an attraction board.

(15)

Channel letters. Individual letters or figures, illuminated or nonilluminated, affixed to a building or freestanding sign structure.

(16)

Civic activity signs. A bulletin board which customarily is incident to places of worship, libraries, museums, and other similar public and private institutions.

(17)

Colonial sign. A temporary residential real estate sign constructed of a single vertical post, not to exceed seven feet, with a horizontal crossbar from which a real estate identification sign is suspended. The real estate identification sign shall not exceed six square feet, in area and the length and the height shall not exceed three feet.

(18)

Commercial center. Any site containing two or more commercial activities.

(19)

Community service club sign. An identification sign of a community nonprofit service organization occupying the premises on which the sign is located.

(20)

Commercial sign. A sign intended or designed to advertise, promote, or draw attention to a commercial activity, including the sale, lease, or rental of any property.

(21)

Community identification sign. A ground or wall sign within the boundaries of a development or subdivision containing only the name (if desired) and the identifying symbol of the community, residential development or subdivision.

(22)

Community model home directional signs. An off-site directional ladder sign consisting of panels listing the names of model home complexes and located prior to an intersection.

(23)

Construction sign. A sign which states the name of the future site occupant and/or the name, address, and phone number of related construction, architectural, and financial firms.

(24)

Design standards. A detailed description of prescribed sign type, size, illumination, location, construction, materials, text, font, and colors for a commercial center or specific site.

(25)

Directional safety sign. A sign necessary for public safety which is designed to be viewed from on-site or adjacent to the site by pedestrians or motorists.

(26)

Director. The director of community development for the City of Mission Viejo, or his or her duly authorized representative.

(27)

Electronic reader board sign. A sign that displays a fixed or changing communication that is conveyed through a series of lights. Time and temperature displays are excluded from this definition.

(28)

Elevation. A scale drawing of the side, front, or rear of a given structure.

(29)

Freestanding sign. Any sign that is permanently or temporarily attached to the ground and which does not have a building as its primary structural support.

(30)

Ground level. The highest elevation of the existing ground surface under a sign.

(31)

Government official sign. A sign displaying information pertaining to services offered by city, county, state, or other official government agencies.

(32)

Height of a sign. The vertical distance measured from average ground level along the base of the sign structure, excluding any berming, to the highest point of the structure.

(33)

Identification sign. A sign limited to the identifying name, symbol or insignia, or any combination thereof, of a building, use, or person occupying the premises on which the sign is located.

(34)

Illegal sign. A sign constructed or erected without compliance with all applicable laws and/or regulations.

(35)

Illuminated sign. A sign which has characters, letters, figures, designs, or outline backlighted or internally illuminated by electric lights or luminous tubes as a part of the sign proper.

(36)

Logo. A name, symbol, or trademark of a company, business or organization.

(37)

Major tenant. A tenant of a commercial center with a gross lease space equal to or greater than 15,000 square feet. Examples of major tenants are supermarkets, combined drug variety/garden stores, and hardware/home improvement centers.

(38)

Minor tenant. A tenant of a commercial center with a gross lease space less than 15,000 square feet.

(39)

Mixed use building. Building that is occupied, arranged, designed, or intended for combinations of land uses; including but not limited to residential, commercial, office, business park, civic, cultural, educational, or recreational uses.

(40)

Model home complex. Residential dwelling units and a sales office located in a residential development which are being used to illustrate the design of the units to potential home buyers during initial sale of units.

(41)

Model home directional sign. Sign located within the subject subdivision designed to direct motorists to a model home complex, sales office, or leasing office.

(42)

Model home identification sign. Sign that serves to identify a model home complex and located on the premises.

(43)

Monument sign. A low profile freestanding sign that may be internally or externally illuminated, erected with its base on the ground, and designed to incorporate design and building materials which complement the architectural theme of the buildings on the premises. A monument sign shall not exceed six feet in height from finished grade, including the base and ten feet in width unless approved differently in a planned sign program. The base of a monument sign shall not be counted as sign area.

(44)

Multitenant directory sign. A sign identifying more than one tenant at a facility.

(45)

Nameplate sign. An attached sign which designates the name and/or address of a business or organization, and/or the words "entrance" or "exit."

(46)

Neighborhood watch sign. A sign indicating the establishment of a neighborhood watch program in a residential neighborhood, placed at the area entrance.

(47)

Noncommercial sign. A sign intended or designed to promote or draw attention to the noncommercial interests, beliefs, or concerns of any person or persons.

(48)

Nonconforming sign. A sign which complied with all applicable regulations at the time it was installed, but which is now in conflict with the provisions of this chapter.

(49)

Off-site open house directional sign. A temporary sign which serves to identify the direction to a property that is for sale, lease, or exchange and is open for viewing.

(50)

Outdoor advertising sign. A sign, or the sign structure on which it is to be placed, the purpose of which is to advertise products or services that are not produced, stored, or sold on the property upon which the sign or structure is located.

(51)

Owner. Any person, corporation, or agency having a legal or equitable interest in the property, including any successor or assignee or agent of any of the aforesaid.

(52)

Painted-on-the-wall sign. Any sign painted directly onto the wall surface of a building.

(53)

Permanent sign. A sign intended to exist for the duration of time that the use or occupant is located on the premises. The sign shall be constructed entirely of durable materials.

(54)

Planned development permit. A precise plan of development which is reviewed and acted upon administratively by the director or the commission.

(55)

Pole sign. A freestanding sign directly supported by a pole or poles with air space between the grade level and the sign face.

(56)

Portable sign. A sign not securely attached or fixed to the ground or to a permanent structure, or a sign attached to or placed upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base, platform, or support for the sign.

(57)

Price sign. A sign that names or identifies the items or products for sale on the premises, and the price of said items or products.

(58)

Projecting sign. A sign that projects more than 12 inches from the wall of a building and has a display surface that is perpendicular to such wall.

(59)

Real estate sign. A temporary sign indicating that the premises on which the sign is located is for sale, lease, or rent.

(60)

Roof sign. An attached sign constructed upon or over a roof, or placed so as to extend above the visible roof-line; or a freestanding sign which is greater in height than the building it serves to identify.

(61)

Sign. Any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame, and background thereof.

"Sign" and "advertising device" shall not include the following for purposes of this chapter:

a.

Official notices issued by any court, public body or officer.

b.

Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice.

c.

Intra-community directional signs, warning or informational signs or structures required or authorized by federal, state, or county authority.

d.

The flag of the City of Mission Viejo, the State of California, the United States of America, or any official flag of any other state, county, or country provided they comply with the provisions of section 9.29.320(f).

e.

Grave markers.

f.

Foundation stones, architectural features, church bells, stained glass windows, manufacturers' marks which remain on an item after sale, or similar decorative feature or mark on any building or structure.

(62)

Sign copy. Any word, letter, number, figure, design, or other symbolic representation incorporated into or depicted upon a sign.

(63)

Sign face. The surface, or that portion of a sign that is visible from a single point as a flat surface or a plane, together with the frame and the background.

(64)

Sign structure. Any structure which supports any sign.

(65)

Site. One or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or identified as a part of the development application. An integrated building development shall include all parcels served by common access ways, driveways, parking, and landscaping.

(66)

Site (street) frontage. The length of a lot or parcel of land along or fronting a street.

(67)

Subdivision sales and model home directional sign. A sign providing direction to a residential land development project.

(68)

Temporary sign. Any sign displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area, or neighboring property.

(69)

Trespassing sign. A sign which contains the following copy only: "No Trespassing."

(70)

Under-canopy sign. Any sign attached to the underside of a projecting canopy protruding over a private sidewalk or right-of-way.

(71)

Vehicle sign. Any sign with a sign area greater than or equal to nine square feet and which is attached to, erected on, or supported by a vehicle, boat, vessel, trailer, or other portable structure, with or without a mode of power, which can be towed, hauled, sailed, or driven.

(72)

Wall sign. Any sign which is attached or erected on the exterior wall of a building including the parapet, with the display surface of the sign parallel to the building wall, and which does not project more than 12 inches from the building, or project above the apparent roof or the height of the wall or parapet.

(73)

Window sign. Any sign posted, painted, placed, or affixed in or on any window visible from any public rightof-way, parking lot, or neighboring property. Any interior sign which faces any window, visible from any public right-of-way, parking lot or neighboring property, and is located within four feet of the window.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, §§ 2, 3, 4-2-07)

Sec. 9.29.115. - Authority to enforce.

The director is hereby authorized and directed to enforce all provisions of this chapter in accordance with the severity of the problem and staff personnel available for enforcement.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.29.120. - Inventory of illegal and abandoned signs.

Within six months after the adoption of any substantial amendments to this chapter, the director shall cause an inventory and identification of all illegal or abandoned signs within the city to be made and shall establish an appropriate abatement period for each illegal or abandoned sign identified.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, § 4, 4-2-07)

Sec. 9.29.125. - Abatement of illegal and abandoned signs.

Every illegal or abandoned sign identified in the inventory required by section 9.29.120, and every illegal or abandoned sign hereafter identified shall be deemed to constitute a public nuisance.

The director is authorized to abate all illegal or abandoned signs pursuant to the procedures set forth in chapter 9.59 of this code. Abatement of illegal or abandoned signs identified by the inventory required by section 9.29.120, shall commence within eight months of the adoption of this chapter.

Illegal signs posted in the public right-of-way or upon public property may be removed by the director or a city code enforcement officer without first complying with chapter 9.59 of this code. Said signs shall be retained at city hall for a period of not less than three working days. Thereafter, any unclaimed signs may be discarded.

Should the city be required to remove any illegal or abandoned sign pursuant to this chapter, the reasonable cost of such removal shall be assessed against the owner of such sign. The cost of removal shall be determined by resolution of the city council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.29.130. - Penalty for violation.

(a)

Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Notwithstanding the foregoing, a violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of the Mission Viejo Municipal Code.

(b)

In accordance with California Government Code § 36901, any person who violates subsection 9.29.230(a) (2) or subsection 9.29.325(a)(1) governing commercial and noncommercial signs on public property or in the public right-of-way shall be punished by a fine of not less than $100.00, and not more than $1,000.00, for each separate offense. For purposes of this subsection, each commercial or noncommercial sign placed in the public right-of-way shall constitute a separate offense.

(c)

Each day a violation of this chapter is committed or continues is a separate offense.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.29.135. - Maintenance requirements.

All signs permitted pursuant to this chapter shall be maintained in good repair and functioning properly, to the satisfaction of the director, and free from all defects, including, but not limited to, cracking, spalling, rusting, and peeling. Signs not so maintained shall be deemed a public nuisance, and may be abated pursuant to chapter 9.04 of this code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.29.140. - Planned sign program.

The purpose of the planned sign program is to encourage coordinated and quality sign design as well as permit more flexible sign standards for commercial, office, industrial, and business park centers. The provisions of this division shall be used as a guide in the design of a planned sign program which complies with the minimum standard of this chapter. The property owner shall designate a person or firm as the primary liaison with the city for the purpose of submitting sign permit requests in conformance with the approved planned sign program.

(a)

The director shall review and approve each planned sign program subject to the following requirements:

(1)

Signs shall reflect a common theme, incorporating similar design elements in terms of materials, letter style, colors, illumination, sign type, and sign shape.

(2)

Signs shall utilize materials, colors, and a design motif which is compatible with the architecture of the buildings.

(3)

Signs shall be consistent with surrounding developments in terms of design, materials, and colors.

(4)

Signs shall not be approved which exceed the permitted square footage set forth in this chapter.

(5)

For developments with existing signs, a schedule or phasing plan for bringing such signs into conformance with the new sign program shall be submitted and become part of the approval. A cash bond may be required to guarantee the removal of nonconforming signs.

(b)

The following signs are exempt from the planned sign program requirements set forth in this chapter:

(1)

Signs located within the interior of buildings or the interior of malls, when such signs are incapable of being viewed from the outside of said building or mall.

(2)

Noncommercial signs located outside of a commercial center.

(3)

Signs permitted under planned sign programs previously approved by the City of Mission Viejo.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, § 5, 4-2-07)

Sec. 9.29.145. - Special sign permit.

The commission may grant a special sign permit when relief from the strict application of this division is sought. A special sign permit may not be processed for any sign expressly prohibited by this chapter. The following findings shall be made by the commission prior to approving any special sign permit:

(a)

Strict compliance with this division will result in a substantial hardship to the applicant.

(b)

The proposed sign will not adversely affect other signs in the area.

(c)

The proposed signs will not be detrimental to properties located in the vicinity.

(d)

The proposed sign will not obscure fire hydrants, traffic signs or traffic signals, block motorists' line of sight, or otherwise inhibit or interfere with vehicular or pedestrian traffic.

(e)

Approval of the proposed sign will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity having similar circumstances.

Special sign permits shall become effective 15 days after approval by the commission; however, if an appeal is filed, a sign permit shall not become effective until the final decision of the council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A nonconforming sign is any permanent or temporary sign which was legally established and maintained in conformance with the provisions of all applicable laws in effect at the time of original installation but which does not comply with the provisions of this chapter. The provisions of this section shall apply to all nonconforming signs. In addition to the provisions of chapter 9.28 of this code, a nonconforming sign shall not be:

(a)

Changed to another nonconforming sign or replaced by the same nonconforming sign.

(b)

Structurally or electrically expanded or altered unless such alteration is designed to and does bring the sign into full conformance with all current provisions of this division.

(c)

Relocated to another site on the same property or any other property.

(d)

Reestablished after discontinuance of use for 90 days or more.

(e)

Reestablished after damage or destruction of more than 50 percent of the value or structure of the sign prior to said damage or destruction.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.29.155. - Computation of sign area.

Sign area shall be determined as follows:

(a)

Distinct border or boundary: For signs with a distinct border or boundary, the sign area shall be computed as the entire surface within the border, boundary, sign board, or sign face.

(b)

No distinct border or boundary: For signs with no distinct border or boundary, the sign area shall be calculated by a simple rectilinear figure which contains all of the lettering or illustration on such sign.

(c)

Double sided sign: The sign area of signs which have two identical faces, arranged back to back in parallel planes, shall be computed for one side only.

(d)

Multiple sided sign: Signs which have more than one side and are not double sided signs, have a sign area as computed for all sides.

(e)

Including sign structure or support: Where a sign structure or support is designed in such a manner to make the sign more noticeable or appear larger, as determined by the director or commission, the area of the structure or support shall be included in the sign area.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 17-324, § 4, 9-12-17)

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 and was duly permitted or allowed pursuant to the provisions of this chapter. 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, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

(Ord. No. 07-248, § 7, 4-2-07)

Sec. 9.29.165. - Application of sign standards to city.

Notwithstanding any other provision of this code, no provision of this chapter shall apply to, direct, or restrict the city unless the provision specifically indicates that it is intended to apply to, direct, or restrict the city.

(Ord. No. 07-248, § 8, 4-2-07)

Sec. 9.29.170. - Appeal.

(a)

A decision made by the director may be appealed to the commission by filing a written notice of appeal with the secretary of the commission within 15 days of the date of the decision of the director and by paying any appeal fee set by resolution of the council.

(b)

Appeal of any decision of the commission may be made to the council pursuant to chapter 9.56 (Hearing and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, § 6, 4-2-07)

DIVISION 2. - COMMERCIAL SIGNS

Sec. 9.29.200. - Permit required.

A sign permit shall be required prior to the placement, movement, erection, reconstruction, alteration, or new display of any commercial sign unless expressly exempt by this division. All signs, except where expressly exempt, shall conform to the current Uniform Building and Electrical Codes as adopted by the City of Mission Viejo.

The approval of a planned sign program shall be required prior to application for a sign permit for the following requests:

(a)

A request for a new freestanding sign, a change in character or number of wall signs, or the replacement of any sign in any existing development.

(b)

A request for any signs for new commercial, industrial, business park, shopping center, or any other new development for which a planned development permit is required.

(c)

A request for any freestanding sign, except where expressly exempt.

(d)

A request for any community identification sign.

(e)

A request for any automobile service station sign.

(f)

A request for exposed neon tubing signs, raceways, canopies, or lit fascia panels with or without copy.

(g)

A request for a logo or special graphic depicting a pictorial representation of thought or idea.

(h)

A request for any sign copy in a language other than English.

(i)

A request for a sign which does not conform to all specific regulations of this division.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.29.210. - Permit application requirements.

A complete sign permit application and planned sign program application shall include fully dimensional plans drawn to scale. Application packages shall be submitted on 8½ × 11 inch paper and shall include:

(a)

A letter from the property owner and property management or homeowners association approving the permit and/or planned sign program and authorizing the applicant, if the applicant is not the owner, to submit the sign application on behalf of the owner.

(b)

Sign elevations indicating overall square footage and letter/figure dimensions, letter style, color pallet or chips (indicate standard color chip number), materials, and proposed copy.

(c)

Building elevations with height dimensions, depicting accurately dimensioned signs.

(d)

The method of attachment for wall signs, and a foundation plan, sign support, and method of attachment for freestanding signs.

(e)

The type and method of illumination (interior/exterior), intensity in lumens and watts, and electrical installation and insulation devices, where applicable.

(f)

A site plan showing the footprint of all buildings. The site plan shall include a vicinity map, the location of adjacent streets, the location of all proposed signs, and the location of existing signs on the site and their dimensions and square footages.

(g)

Photographs and/or elevation drawings shall be submitted of all elevations of buildings upon which proposed signs will be installed.

(h)

A refundable cash bond, deposit or equivalent acceptable to the director of administrative services, in an amount established by resolution of the city council, to insure that construction is completed according to approved plans. Final inspection approval shall include installed landscaping where required.

(i)

A method or procedure which guarantees the continued maintenance of the sign or signs and removal of such sign or signs upon expiration or revocation of the sign permit.

(j)

Planned sign program applications shall also include a written set of design standards approved by the property owner and property management or property owner association.

(k)

Freestanding sign applications shall include landscaping plans and architectural criteria, as well as traffic line of sight triangulation approved by the city traffic engineer to assure safe view of drivers and pedestrians.

(1)

Such other information as the director reasonably deems necessary to determine compliance with the provisions of this chapter.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, § 9, 4-2-07)

Sec. 9.29.215. - Permanent signs.

Permanent signs may be permitted pursuant to the permit procedures set forth in this division and shall be governed by the standards enumerated for each category of sign. In addition to such standards, consideration shall be given to building setbacks, landscaping, visibility of the sign on the site, and the proposed sign's relationship to the overall appearance of the property and to the surrounding neighborhood. Compatible design, simplicity, and sign effectiveness shall also be used as guidelines for sign approval; however, the graphic design of the sign copy of message displayed shall not be considered in reviewing a sign application.

(a)

[Electrical signs.] All electrical signs shall be listed by Underwriters Laboratories (U.L.) and shall be installed in accordance with the installation instructions and with article 600 of the National Electrical Code.

(b)

Business wall signs. Wall signs may be permitted with a planned sign program in commercial, office, industrial and business park land use categories except where expressly prohibited. A planned sign program is to be approved by the director or commission. A planned sign program must be approved prior to the installation/placement of any business wall sign. Wall signs shall be subject to the following:

(1)

Wall signs shall not exceed one square foot of sign area for each linear foot of building frontage or portion thereof. Total aggregate sign area for such signs shall not exceed 100 square feet for each business use. If the building frontage of any such use is less than 25 square feet, only one sign, having a maximum area of 25 square feet, shall be permitted.

(2)

Sign copy shall be limited to the business name, logo, or generic description of the activity, service, or business, such as "barber shop" and "hardware," unless the trade name, product, or service is an integral part of the fictitious name of the business or service.

(3)

Multistory office or multistory mixed-use buildings with three stories or more may have up to a maximum of two identification signs per building unless otherwise approved as part of a special sign permit. All other multistory office or multistory mixed-use buildings with less than three full stories shall have only one identification sign per building unless otherwise approved as part of a special sign permit.

(4)

Only channel letter signs shall be permitted unless approved differently in a planned sign program. Channel letters for minor tenants shall not be more than 18 inches in height and logos for minor tenants shall not be more than 24 inches in height. Major tenant signs shall be approved by a planned sign program.

(c)

Business freestanding monument identification signs. Business freestanding monument identification signs may be permitted in commercial, office, industrial and business park land use categories except where expressly prohibited. A planned sign program must be approved prior to the installation/placement of any business freestanding monument identification sign. Freestanding monument signs shall be subject to the following:

(1)

Freestanding monument signs shall not exceed six feet in height including the base, ten feet in width, and 36 square feet in area, unless approved by a planned sign program.

(2)

One identification freestanding monument sign may be permitted for each site with a street frontage in excess of 99 feet. Where a site abuts more than one street, one additional identification freestanding monument sign may be permitted on each additional street frontage that is in excess of 99 feet in length. In no case shall there be more than one sign on each street frontage for each site.

(3)

For a single-tenant site, the sign copy shall be limited to the name of the business. Unless otherwise approved as part of a special sign permit, for multitenant sites, the sign copy shall be limited to the name of the commercial center and the name(s) up to a maximum of three tenants unless otherwise approved as part of a special sign permit.

(4)

Each freestanding monument sign shall contain the street address of the premises, in letters and/or numbers not less than four inches nor more than six inches high unless approved in a planned sign program.

(5)

No freestanding monument sign shall be placed or located closer than five feet to the ultimate right-of-way.

(6)

Each freestanding monument sign shall be architecturally compatible with the architecture of the commercial center on the site, including, but not limited to, scale, materials, and architectural style.

(7)

A uniform background color shall be used for each tenant panel on the monument sign.

(d)

Automobile service station sign. Automobile service station signs may be permitted in service station designated areas. A planned sign program must be approved prior to the installation/placement of any automobile service station sign. Automobile service station signs shall be subject to the following:

(1)

One freestanding monument identification sign not to exceed six feet in height including the base from finished grade and 36 square feet in area may be located along each street frontage abutting the site.

(2)

Permanently affixed price signs shall be constructed with and integrated in the monument sign.

(3)

Freestanding monument signs shall be located no closer than 100 feet from the point of intersection of abutting streets.

(4)

Wall signs may be permitted but shall be limited to the major service station name only. No canopy facia signs shall be permitted.

(5)

The total area of all freestanding, wall, and price signs shall not exceed an aggregate of 100 square feet in area on the premise.

(6)

No freestanding monument sign shall be placed or located closer than five feet to the ultimate right-of-way.

(e)

Multitenant directional signs. Multitenant directional signs may be permitted in commercial, office, industrial and business park land-use categories except where expressly prohibited. A planned sign program must

be approved prior to the installation/placement of any multitenant directional sign. Multitenant directional signs shall be subject to the following:

(1)

Multitenant directional signs shall be located in the interior of commercial centers.

(2)

No multitenant directional sign shall be located in the front or street side setback area for the site.

(3)

Multitenant directional signs shall have a maximum sign area of ten square feet per sign.

(4)

The number of multitenant directional signs permitted for each site shall be established by a planned sign program and shall give consideration to the unique characteristics of the commercial center, as well as the number and location of tenants within the center, while avoiding visual clutter.

(5)

All multitenant directional signs on a site shall have a uniform background color.

(f)

Window signs. Window signs may be permitted in commercial, office, industrial and business park land-use categories except where expressly prohibited. Window signs shall be subject to the following:

(1)

Window signs shall cover no more than 25 percent of the storefront window area for any individual business. In calculating the maximum allowable coverage, exempt signs placed on the window, temporary window signs, and permanent window signs set back from the storefront but facing outward and intended to be read from outside the window shall count against the 25-percent cap.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, §§ 10—15, 4-2-07; Ord. No. 17-324, § 6, 9-12-17)

Temporary signs may be permitted pursuant to the permit procedures set forth in this division. Temporary signs shall not be located within any public right-of-way nor in any area which may constitute a safety hazard. All temporary signs shall display the name, address, and phone number of the person responsible for the sign on the rear lower right hand corner of the sign. All temporary signs shall be removed promptly and the site restored upon expiration of the permit.

(a)

Commercial real estate signs: Temporary signs advertising the sale, lease, or rental of nonresidential property or spaces located on the site upon which the sign is located may be permitted for new

construction pursuant to the permit procedure of this division, subject to the following:

(1)

Such signs shall be unlighted and nonilluminated.

(2)

Such signs shall be four feet by four feet, or a total of 16 square feet.

(3)

The total aggregate sign area for all such signs shall not exceed 16 square feet for each building site.

(4)

Only one on-site commercial real estate sign shall be permitted for each street frontage on a site.

(5)

Commercial real estate sign permits shall expire one year from the date of issuance.

(b)

Construction signs: One temporary sign denoting the architect, engineer and/or general contractor placed on the premises where construction, repair, or renovation is proposed or is in progress may be permitted pursuant to the permit procedures of this division subject to the following:

(1)

Such signs shall be unlighted and nonilluminated.

(2)

Such signs shall be four feet by four feet.

(3)

Only one construction sign shall be permitted per site.

(4)

Construction sign permits shall expire one year from the date of issuance or on the date that the first certificate of occupancy is issued for the project for which the permit was acquired, whichever occurs first.

(c)

Subdivision sales and model home directional signs: Subdivision sales and model home directional signs on-site and off-site in connection with the first sale of lots or units may be permitted subject to the following:

(1)

Model home identification signs:

a.

Such signs shall be reviewed for compliance with the provisions of this division in conjunction with the model home planned development permit review by the commission.

b.

The total aggregate sign area for all such signs shall not exceed 16 square feet for each building site.

(2)

Model home directional signs:

a.

Such signs shall be reviewed for compliance with the provisions of this division in conjunction with the model home planned development permit review by the commission.

b.

Sign requirements.

1.

Maximum size of sign face: 32 square feet.

2.

Maximum height of sign face above grade: six feet.

3.

Building permit(s) are required to ensure life safety issues are mitigated.

4.

These signs shall not be placed or located outside of the subdivision in which the model home complex is located.

c.

Reserved.

(3)

Community model home directional signs:

a.

Sign shall not exceed 13 feet in height, a width of ten feet and shall be designed in conformance with the drawing Exhibit A, appended to the sign ordinance. The sign shall be constructed of wood, painted white with forest green lettering.

b.

The precise placement of the sign shall be subject to approval by the city engineer and the director of community development.

c.

The owners of the signs shall obtain appropriate approval of the associations upon whose property the signs will be placed.

d.

The owners of the signs shall permit all developers within the neighboring area who have model homes to add their identification for a reasonable fee.

e.

Such signs shall contain only the names of the model home complexes.

(4)

Such signs shall contain only the name of the development, the developer, and directional information.

(5)

Such signs shall be unlighted and nonilluminated.

(6)

Model home flags.

a.

Maximum number: two per model homes, for a maximum of ten.

b.

Maximum size: 12 square feet.

c.

Maximum height: 20 feet.

Flags may be permitted with a permit not to exceed six months from the date of issuance. A total of four consecutive permits may be granted to advertise new for-sale residential tracts and new condominium complexes. All flags shall be removed from the premises once all for-sale units have been sold, regardless of time remaining on the permit.

(7)

Subdivision sales and model home directional sign permits shall expire one year from the date of issuance unless approved differently in a planned sign program.

(d)

Temporary promotional signs: Temporary promotional signs on site in connection with the opening of a business, major remodeling under an active building permit, new owner of a business, closure of a business, or sale or special events at a business may be permitted with approval of the director subject to the following:

(1)

Such signs shall be limited to three events and an aggregate maximum of 42 days per calendar year.

(2)

Such signs shall be designed as banners or promotional posters.

(3)

Such signs shall have a maximum total sign area of 24 square feet.

(4)

No flags or balloons shall be displayed.

(5)

Such signs shall be flush mounted to the building, facing the street frontage or on-site parking area. If a temporary promotional sign is placed in a window or storefront, the temporary promotional sign, together with all other window signs in said window or storefront, shall not cover more than 25 percent of the window area within which they are placed. In calculating the maximum allowable coverage, exempt signs placed on the window and permanent window signs shall count against the 25-percent cap.

(6)

The use of fluorescent, day-glo, and neon colors is prohibited unless such colors are part of a registered trademark.

(7)

No employment opportunity signs shall be displayed except as otherwise permitted by subsection 9.29.225(h).

(e)

Temporary seasonal banners: Temporary seasonal banners hung from parking lot light standards of nonresidential property may be permitted upon prior review and approval by the director of community

development, in consultation with the planning commission's design review committee, subject to the following:

(1)

The size of seasonal banners shall not exceed 22 feet in width and six feet in length, length being perpendicular to the ground.

(2)

Such review shall include banner design, color, text, location, number, and materials. There shall be no reflective material or the like on the banner. Banner text and graphics shall be simple and free of clutter.

(3)

Seasonal banner text shall not refer to a specific business, product, or sale. Text and graphics shall exclude political and religious symbolism.

(4)

Seasonal banners shall be extended only from parking lot light standards on private property and they shall not be attached to street signals whether or not such signals also contain street lights. There shall be a minimum vertical clearance of 14 feet from the ground to the bottom of the banner.

(5)

A specific seasonal banner program shall not be displayed for more than 45 days a year. This shall be a continuous period.

(6)

No more than two specific seasonal banner programs (events) per site shall be displayed during any 365day period.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, §§ 16—20, 4-2-07; Ord. No. 11-290, §§ 3A, 3B, 6- 20-11; Ord. No. 17-324, § 5, 9-12-17)

Sec. 9.29.225. - Exempt signs.

The following signs are exempt from the sign permit requirements set forth in this division:

(a)

On-site residential real estate signs, including window signs, advertising the sale, lease, or rent of the property shall be permitted subject to the following:

(1)

Signs shall not exceed four square feet in area, and a height of four feet, with the exception of single-family detached residences where colonial signs shall be permitted.

(2)

Signs shall be removed within 24 hours after close of escrow, lease, or rent.

(3)

No flags or balloons shall be displayed.

(4)

A rider not exceeding six inches in height by 24 inches in length or eight inches in height by 18 inches in length may be attached to the top of the sign.

(5)

Signs shall be placed so that they do not obscure fire hydrants, traffic signs or traffic signals, block motorists' line of sight, or otherwise inhibit or interfere with vehicular or pedestrian traffic.

(6)

No part of any sign shall be within three feet of the sidewalk, or six feet of the curb, whichever is greater.

(7)

Sign shall be placed at the immediate entrance of the subject residential unit, with the exception of singlefamily detached residence where the sign shall be placed only in the front yard of the subject property. Only one sign per available lease space or residential unit shall be permitted.

(b)

Off-site open house directional signs shall be permitted subject to the following:

(1)

Signs shall not be permitted on public property. An owner of real property or his/her agent may display the sign on real property owned by another with that person's prior consent.

(2)

Signs shall not exceed four square feet in area, and a height of four feet including the vertical post.

(3)

Signs are only permitted to be posted during the time an owner or owner's agent is on the premises and the premises are open for inspection.

(4)

The signs shall be installed no earlier than 8:00 a.m. and removed no later than sunset.

(5)

The signs shall not be installed in a manner which creates a hazard to traffic or pedestrians.

(6)

No flags, pennants, balloons, or other attention-attracting devices shall be displayed.

(c)

On-site commercial real estate signs not otherwise governed by subsection 9.29.220(a), including window signs, advertising the sale, lease, or rent of the property or any commercial space located on the property shall be permitted subject to the following:

(1)

Only one freestanding commercial real estate sign not exceeding 16 square feet in area, and a height of six feet including the vertical post, shall be permitted per building site.

(2)

Signs shall be removed within 24 hours of the close of escrow or execution of lease.

(3)

No flags or balloons shall be displayed.

(4)

No rider may be attached to the sign.

(5)

Signs shall be placed so that they do not obscure fire hydrants, traffic signs or traffic signals, block motorists' line of sight, or otherwise inhibit or interfere with vehicular or pedestrian traffic.

(6)

No part of any sign shall be within three feet of the sidewalk, or six feet of the curb, whichever is greater.

(7)

The ground floor of single-story or multistory buildings shall be permitted one window sign per available lease space or unit.

(d)

Nameplate signs not exceeding one square foot in area shall be permitted in locations approved by the director of community development.

(e)

One sign, nor more than one foot by one foot, listing the hours during which the premises are open, and emergency numbers, may be displayed in the window of each business establishment.

(f)

Signs located within the interior of buildings or the interior of malls, when such signs are incapable of being viewed from the outside of said building or mall. The city requires permits for electrical signs and may require a permit for the structure's installation.

(g)

Directional safety sign where required by law or in compliance with a planned sign program approved by the city, or in the interest of the city for public safety sign.

(h)

One employment opportunity window sign per business not to exceed four square feet in area. The sign copy shall be limited to information relating to employment.

(i)

Credit card, club, and association affiliation stickers not to exceed one square foot per entrance.

(j)

One lighted or nonlighted open/closed sign that complies with the restrictions set forth in subsection 9.29.230(a)(3) not to exceed two and one-quarter square feet in area may be displayed in the window of each business establishment. Notwithstanding any other provision of this chapter, exposed neon conduit or tubing may be utilized for open/closed signs permitted pursuant to this section.

(k)

Temporary holiday murals, scenes, or decorations painted on windows of a business may be displayed for an aggregate period not to exceed 45 days per year. The holiday mural shall not include references to particular products, services, sales, or events. The use of fluorescent, day-glo, and neon colors is prohibited.

(1)

Temporary seasonal lighting may be displayed on commercial property provided such lighting is steady burning. Temporary seasonal lighting shall be noncommercial in nature and shall not include references to particular products, services, sales, or events. Temporary seasonal lighting shall be limited to a maximum of two specific seasonal programs per year, each for a period not more than 45 days.

(m)

Warning or information signs as required by or authorized by federal, state, county, or city authority or in compliance with a planned sign program approved by the city, may be permitted upon prior review and approval by the director of community development. Examples of such signs include, but are not limited to,

accessible parking signs, fire lane signs, private property/tow away signs, no parking signs, and no skateboarding signs. Such signs shall be subject to the following:

(1)

The property owner shall be responsible for providing, installing, and maintaining the signs.

(2)

Signs required to be posted at an entrance to a property shall be placed no closer than 20 feet to the back of the sidewalk or ultimate right-of-way. Said signs shall be securely mounted facing the direction of travel and clearly visible to vehicular traffic entering the parking areas.

(3)

Each sign shall be no larger than 18 inches by 24 inches.

(4)

Where two signs are required to be placed at a particular location, such signs shall be combined into one sign with the total height of the sign not exceeding seven feet. No more than two signs shall be placed on a sign post.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, §§ 21—25, 4-2-07; Ord. No. 12-293, § 1, 8-20-12)

(a)

Unless expressly permitted elsewhere in this chapter, the following signs are prohibited:

(1)

Any off-site or outdoor advertising sign or structures placed for the purpose of advertising a business not on the property upon which the sign is placed.

(2)

No commercial sign shall be erected within or encroach upon any public property or within any public rightof-way.

(3)

Flashing, moving, pulsating, or intermittently lighted signs, electronic reader boards, time and temperature signs, laser lighting, and searchlights.

(4)

Signs which conflict with or imitate any traffic control device due to color, wording, design, location or illumination, or which interfere with the safe and efficient flow of vehicular and/or pedestrian traffic.

(5)

Animals, or human beings, live or simulated, designed or used so as to attract attention to the premises.

(6)

Loudspeakers, or signs which emit sound, odor, or visible matter.

(7)

Signs with mechanical movement.

(8)

Roof signs.

(9)

Projecting signs.

(10)

Pole signs.

(11)

Signs on the rear of buildings or oriented toward a freeway unless approved by the commission.

(12)

Changeable copy signs, including electronic reader boards, except theater marquees specifically approved by the director.

(13)

Flags, kites, pennants, balloons, or other such advertising devices or displays.

(14)

Signs which constitute a nuisance or hazard due to their intensity of light.

(15)

Signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the owner of the sign within 60 days of the business' closing date.

(16)

Vehicle signs, trailer signs, signs affixed to automobiles, trucks, trailers, or other vehicles parked on any property within the city for the principal purpose of advertising or display. The following shall constitute a prima facia violation of this section:

a.

The advertising medium utilized on the vehicle is a sign, device, or structure separate from the vehicle.

b.

The copy is readily changeable, including but not limited to repainting such sign, device, or structure.

c.

The sign, devise, or structure exceeds nine square feet in area and the vehicle is parked on the street or on the business premises to which the advertising relates or in reasonable proximity thereto and the location of the advertising is reasonably calculated to direct an observer towards the business. It shall be considered that advertising was the principal purpose of the parking of the vehicle, notwithstanding the fact that the vehicle is driven to and from the business premises on a daily basis.

(17)

Except for open/closed signs permitted pursuant to subsection 9.29.225(j), exposed neon conduit or tubing, interior or exterior neon window signs, interior or exterior LED signs, or lighting displays inside or outside the building so as to be visible from streets, parking areas or site boundaries, unless approved as part of a planned sign program.

(18)

Signs projecting in or on any public property or public right-of-way except as otherwise authorized by this chapter.

(19)

Window signs, except as expressly permitted by this division, or as required by law.

(20)

Price signs, except as required by law and approved by the director of community development.

(21)

Off-site garage sale signs, circular, poster or other such sign or displays unless exempted by a special event permit.

(22)

Any other sign not expressly permitted by this division unless approved by a planned sign program.

(23)

Any sign continuously outlined with individual light bulbs or string of lights.

(24)

Canopy signs unless approved by the director.

(25)

Portable signs.

(26)

Signs which have less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the State of California.

(27)

Signs installed, relocated, or maintained in a manner which prevents free ingress to or egress from any door, including signs attached to a stand pipe except those signs as required by City Code or ordinance.

(28)

Signs located in the public right-of-way except governmental or traffic signs.

(29)

Painted-on-the-wall signs, signs constructed of cloth, canvas, fabric, cardboard, wallboard, or other light flimsy material with or without frames.

(30)

Multitenant directory sign unless approved by the city in a planned sign program.

(31)

Banners advertising the lease or rent of units in any residential apartment complex.

(b)

Any person who erects or causes to be erect any prohibited sign without express approval by the city is subject to penalties as set forth in section 9.29.130.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, §§ 26—28, 4-2-07)

DIVISION 3. - NONCOMMERCIAL SIGNS

Sec. 9.29.305. - Permit required.

A sign permit shall be required prior to the placement, movement, erection, reconstruction, alteration, or new display of any noncommercial sign unless expressly exempt by this division. All signs, except where expressly exempt shall conform to the current Uniform Building and Electrical Codes as adopted by the City of Mission Viejo.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Permanent signs may be permitted pursuant to the permit procedures set forth in division 2 of this chapter and shall be governed by the standards enumerated for each category of sign. In addition to such standards, consideration shall be given to building setbacks, landscaping, visibility of the sign on the site, and the proposed sign's relationship to the overall appearance of the property and to the surrounding neighborhood. Compatible design, simplicity and sign effectiveness shall also be used as guidelines for sign approval.

(a)

The owner or occupant of any commercial establishment may use the signage permitted pursuant to division 2 of this chapter for the display of noncommercial messages. However in no event shall the height, length, character, or total square footage of signage existing at any commercial establishment exceed that permitted by division 2 hereof. In calculating the total number and square footage of signs permitted, both commercial and noncommercial signs shall be counted.

(b)

The owner or occupant of any site dedicated to noncommercial purposes, other than residential, may erect the following permanent noncommercial signs:

(1)

Civic activity sign. One freestanding monument sign shall be permitted for each building site used for or incidental to places of worship, nonprofit service clubs, libraries, museums, social clubs, sponsor organizations, societies, or other such uses. Such signs shall not exceed six feet in height, eight feet in horizontal length, or a total of 24 square feet.

(2)

Community service club sign. Signs depicting community nonprofit service organizations shall be permitted, subject to the following:

a.

That such signs shall be placed in areas authorized by the city.

b.

That such signs shall be nonilluminated.

c.

That such signs shall not exceed a vertical height of six feet, a horizontal length of eight feet, or a total of 24 square feet unless approved otherwise by the city.

d.

That individual sign panels shall be uniform in size and materials, and compatible in color.

(3)

Government official sign. Signs displaying information pertaining to services offered by city, county, state, or other official governmental shall be permitted, subject to the following:

a.

That the text, design, and location of such signs shall be subject to the approval of the director.

b.

That such signs shall be placed in areas authorized by the city.

c.

That such signs shall not exceed a total of 24 square feet unless approved otherwise by the city.

(c)

No person shall erect or cause to be erected any noncommercial sign upon the property of another without the express written approval of the property owner. A copy of said written consent shall be filed with the director within seven days of the erection of the sign. All such signs shall comply with the size and square footage limitations contained within this chapter, and shall be removed promptly upon the request of the property owner or occupant.

(d)

Community identification sign: Community identification signs may be permitted in residential land use categories except where expressly prohibited. Such signs shall be subject to the following:

(1)

Identification signs shall not exceed a vertical height of six feet or a total area of 100 square feet.

(2)

Such signs shall not be permitted at major arterial intersections nor be placed so as to obscure fire hydrants, traffic signs or traffic signals, block motorists' line of sight, or otherwise inhibit or interfere with vehicular or pedestrian traffic.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.29.315. - Temporary signs.

Temporary noncommercial signs shall be permitted subject to the following:

(a)

Temporary signs shall be permitted only to advertise an upcoming civic, patriotic, nonprofit, charitable, or special event of general public interest taking place within the boundaries of the city, when it is determined

that the same will not be detrimental to the public welfare, interest or safety, or injurious to adjacent property or improvements. The text, design, and location shall be approved by the director.

(b)

Temporary signs shall not be posted more than 30 days before the event to which they relate, except for political signs expressing a message relating to an election, and shall be removed within three days after said event or election.

(c)

Temporary signs shall not exceed a total area of 15 square feet unless otherwise approved for the event by the director.

(d)

Temporary signs shall be unlighted and nonilluminated.

(e)

No temporary signs shall be placed upon the property of another without the express written approval of the owner or occupant of said property and the director. A copy of said written consent shall be filed with the director within seven days of the placement of the sign. All such signs shall be removed promptly upon the request of the property owner or occupant.

(f)

All temporary signs shall display the name, address, and telephone number of the person or organization responsible for the sign on the rear lower right hand corner of the sign. Said individual or organization shall remove all signs posted within the time limits prescribed by this section.

(g)

Should any person or organization fail to remove any sign for which said person or organization is responsible, the city may remove and dispose of such sign and assess the entire cost of said removal and disposal against the responsible person or organization.

(h)

No temporary sign shall be placed so as to obstruct any fire hydrant, traffic sign or traffic signal, or interfere with any motorists' line of sight, or otherwise impede or interfere with vehicular or pedestrian traffic.

(i)

No temporary sign shall be posted or otherwise affixed in any public right-of-way, or upon any public property, including, but not limited to any building, wall, bridge, railroad trestle, hydrant, tree, shrub, tree stake or guard, street sign, or traffic sign, or upon any utility pole, wire, box, or appurtenance thereof.

(j)

Reserved.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, § 29, 4-2-07)

Sec. 9.29.320. - Exempt signs.

The following signs are exempt from the sign permit requirements set forth in this division:

(a)

Directional safety sign.

(b)

Trespassing or no solicitation signs less than two square feet in area.

(c)

Neighborhood watch signs placed at the entrance to a residential neighborhood with the approval of the public works director and the Orange County Sheriff's Department.

(d)

The owner or occupant of any site dedicated to residential purposes may erect noncommercial signage on property under his or her ownership or control provided that no sign shall exceed a maximum width of four feet, a maximum height of four feet, or a total of four square feet, including the post or other stand, if any.

(e)

City-owned signs indicating the boundaries or otherwise identifying the City of Mission Viejo.

(f)

National and state flags may be flown and displayed such that they are not construed as an attraction device for the advertisement of a product or use or in a manner to otherwise draw attention of the traveling public to an establishment or sales office. Such displays shall be limited to one national and state flag per parcel. The flagpole structure shall not exceed 20 feet in height from finished grade unless a greater height is approved by the director of community development. In addition, such displays shall not be located within the required setback area for the specific zoning district in which it is located.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, § 31, 4-2-07)

Sec. 9.29.325. - Prohibited signs.

(a)

Unless expressly permitted elsewhere in this chapter, the following signs are prohibited:

(1)

No noncommercial sign shall be erected within or encroach upon any public property or within any public right-of-way.

(2)

Flashing, moving, pulsating, or intermittently lighted signs.

(3)

Signs which conflict with or imitate any traffic control device due to color, wording, design, location or illumination, or which interfere with the safe and efficient flow of vehicular and/or pedestrian traffic.

(4)

Loudspeakers, or signs which emit sound, odor, or visible matter.

(5)

Roof signs.

(6)

Signs with mechanical movement.

(7)

Banners, flags, kites, pennants, balloons, or other such items or displays.

(8)

Animals, or human beings, live or simulated, designed or used so as to attract attention to the premises.

(9)

Signs which constitute a nuisance or hazard due to their intensity of light.

(10)

Multitenant directory sign unless approved by the city in a planned sign program.

(11)

Any other sign not expressly permitted by this division.

(12)

Temporary street banners: Privately-owned temporary street banners may not be erected in the public right-of-way for any purpose.

(b)

Any person who erects or causes to be erect any prohibited sign without express approval by the city is subject to penalties as set forth in section 9.29.130.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 07-248, § 30, 4-2-07)

EXHIBIT A