Chapter 11.67 — SHOPPING CART CONTAINMENT AND MANAGEMENT — Montclair Zoning Code

11.67.010 - Purpose and intent. ¶

The accumulation of abandoned, lost, stolen, wrecked, or dismantled shopping carts on public or private property is found to create conditions that promote blight and deterioration; negatively impact community image and property values; are aesthetically detrimental; and constitute an attractive nuisance creating a hazard to the health, safety, and general welfare of residents. The accumulation of these shopping carts

has the potential to interfere with pedestrian and vehicular traffic; therefore, the presence of abandoned, lost, stolen, wrecked, or dismantled shopping carts, or parts thereof, on public or private property is declared to constitute a public nuisance, which may be abated in accordance with this chapter.

The purpose of this chapter is to eliminate the detrimental effects of abandoned, lost, stolen, wrecked, or dismantled shopping carts on public or private property by setting forth regulations for containing shopping carts on the premises to which they belong and minimizing the likelihood that they will be removed from retailers' premises and abandoned elsewhere in the community. Further, this chapter sets forth regulations encouraging the prompt retrieval of shopping carts by their owners and the impoundment and/or disposal of unclaimed shopping carts by the City.

(Ord. No. 14-943, § 1, 8-4-14)

11.67.020 - Definitions.

Abandoned shopping cart or lost, stolen, or abandoned shopping cart means a shopping cart that was: (1) removed from the premises of a retail establishment by any person without the prior written consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart; or (2) left unattended, discarded, or abandoned upon any public or private property other than the premises of the

retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with or without the permission of the owner. For purposes of this Chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed to be lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is either (a) the owner, or an employee or authorized agent of the owner entitled to possession of the shopping cart; (b) an officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; (c) enforcement personnel retrieving, storing, or disposing of said cart as provided herein and/or pursuant to the applicable provisions of the California Business and Professions Code; or (d) has written consent to be in possession of the shopping cart from the owner of said shopping cart.

Enforcement personnel, as used in this chapter, means any Police Officer, Code Enforcement Officer, or other person employed or contracted by the City of Montclair.

Laundry cart means a basket mounted on wheels and used in a coin-operated laundry or dry cleaning retail establishment by a customer or attendant for the purpose of transporting clothing and the supplies necessary to launder or otherwise process them.

Owner means any owner, manager, or operator of any retail establishment.

Parking area means a parking lot or other property provided by a retail establishment for use by customers for parking customer vehicles. The parking area of a retail establishment located in a multitenant complex or shopping center shall include the entire parking area used by the multitenant complex or shopping center.

Premises means any building, property, or other area upon which any retail establishment business is conducted or operated in the City including the parking area provided for customers.

Retail establishment means any legally established business engaged in the sale of any kind of merchandise that provides shopping carts for use by its customers regardless of whether such business is advertised or operated as a retail or wholesale business and regardless of whether the business is open to the general public, is a private club or business, or is a membership store.

Shopping cart or cart means a basket that is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. The terms "shopping cart" or "cart" shall include "laundry cart."

(Ord. No. 14-943, § 1, 8-4-14)

11.67.030 - Applicability. ¶

With respect to the cart containment provisions of this chapter, the following shall apply:

A.

Every new retail establishment providing shopping carts for use by its customers and commencing business on or after April 1, 2014, shall be subject to implementing a Mandatory Cart Containment Plan and Cart Retrieval Plan as described in this chapter prior to commencing business.

B.

Every existing retail establishment providing shopping carts for the use of its customers and that had not implemented a Mandatory Cart Containment Plan and Cart Retrieval Plan as described in this chapter as of January 1, 2014, shall have until January 1, 2016, to implement said plan.

(Ord. No. 14-943, § 1, 8-4-14)

11.67.040 - Responsibility of owner. ¶

Owners of every retail establishment that offers the use of shopping carts by its customers shall develop, implement, and comply with the provisions set forth in this chapter and a written plan approved by the Director of Community Development to prevent customers from removing shopping carts from the premises of such retail establishment without authorization of the owner ("Mandatory Cart Containment Plan"). Two or more retail establishments located within the same multitenant complex or shopping center may collaborate and submit a single Mandatory Cart Containment Plan.

(Ord. No. 14-943, § 1, 8-4-14)

11.67.050 - Mandatory cart containment plan. ¶

Every owner who provides shopping carts for customers to use on the premises of any retail establishment shall develop, implement, and comply with the provisions of this chapter and a written plan ("Cart Containment Plan") approved by the Director of Community Development to prevent the removal of shopping carts from the premises of such retail establishment without authorization of the owner. The Cart Containment Plan shall, at a minimum, include the following elements:

Signs Affixed to Carts. In accordance with the applicable provisions of the California Business and Professions Code, every shopping cart made available for use by customers shall have a sign permanently affixed to it that: (1) identifies the owner of the cart, retailer, or both; (2) notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; (3) notifies the public that the unauthorized removal of the cart from the premises of the business, or the unauthorized possession of the cart, is a violation of state law; and (4) lists a valid telephone number and/or address for returning a cart that has been removed from the premises to the owner or retailer.

B.

Notice to Customers. Written notice shall be provided to customers in English and Spanish that removal of shopping carts from the premises is prohibited by state law. Such notice may be provided in the form of fliers distributed on the premises, warnings printed on shopping bags, direct mail, website notices, or any other means demonstrated to be effective. In addition, conspicuous signs shall be placed and maintained on the premises near all customer entrances and exits and within the parking area warning customers that removal of shopping carts from the premises is prohibited by state law.

C.

Daily Cart Confinement. All shopping carts located on the premises of a retail establishment (other than an establishment open for business 24 hours per day) shall be collected at the end of each business day by employees of the retail establishment and stored in a secure manner within an approved cart corral or storage area on the premises as designated in the Cart Containment Plan until the commencement of the next business day. All shopping carts located on the premises of any retail establishment open for business 24 hours per day, other than carts in use by a customer or patron, shall be collected by employees of the retail establishment and returned to an approved cart corral or storage area on the premises as designated in the Cart Containment Plan at least once per calendar day between the hours of 9:00 p.m. and 12:00 a.m. on each day the retail establishment is open for business. The provisions of this Subsection shall not apply to any shopping carts located within an enclosed building.

D.

Physical Measures. Specific physical measures shall be implemented and maintained at all times by the owner to prevent, deter, or impede the removal of shopping carts from the premises. Such physical measures shall be specifically identified in the Cart Containment Plan and may include one or more of the following:

1.

Disabling devices on the wheels of all carts, which are activated when the cart crosses an electronic barrier at the perimeter of the premises.

2.

Physical barriers located at doors, around loading areas, or other defined perimeters that prevent the passage of carts beyond the barriers. The barrier may also be placed on the carts themselves so that the carts cannot pass through door openings or other defined perimeters.

3.

Maintaining one or more security guards assigned the responsibility of preventing customers from removing shopping carts from the premises.

E.

Employee Training. The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate employees concerning the requirements of this chapter and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.

(Ord. No. 14-943, § 1, 8-4-14)

11.67.060 - Mandatory cart retrieval plan. ¶

Every owner who provides shopping carts for customers to use on the premises of any retail establishment shall develop, implement, and comply with the provisions of this chapter and a written plan ("Cart Retrieval Plan") approved by the Director of Community Development for the retrieval of lost, stolen, or abandoned shopping carts that have been removed from the premises of the retail establishment. The Cart Retrieval Plan shall include the following elements:

A.

Retrieval Personnel. The owner shall provide personnel for purposes of retrieval of lost, stolen, or abandoned shopping carts. Such personnel may be either employees of the retail establishment or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both. The Cart Retrieval Plan shall either: (1) identify the number of employees who will be assigned such cart retrieval duties and provide the number of total hours per week that each assigned employee will perform such services (in addition to any on-premises retrieval duties to which such employee may be assigned); or (2) include a copy of each contract with a cart retrieval service (excluding confidential financial information which may be redacted or obscured from the contract). The owner shall provide written authorization of the right to retrieve the owner's shopping carts to all retrieval personnel, whether they are employees of the retail establishment or an independent contractor. Such authorization shall be carried by every such person while performing cart retrieval services off-site on behalf of the owner of the retail establishment and shall be presented to any enforcement personnel upon request.

B.

Prompt Retrieval of Carts. Retrieval personnel or services shall assure that all identified public streets, bus stops, and other public places are patrolled and each lost, stolen, or abandoned shopping cart owned or provided by the retail establishment that is found as a result of such patrols is immediately retrieved and removed from any public or private property, where accessible, upon which the cart is found. At the discretion of the Director of Community Development, the Cart Retrieval Plan shall: (1) identify the perimeter streets, bus stops, and public places to be patrolled as required by this Subsection; (2) the manner, frequency, and times of such patrols; and (3) such other information as reasonably required by the City to ensure that the owner is devoting sufficient resources to cart retrieval operations to comply with the provisions of this Section and the approved Cart Retrieval Plan.

(Ord. No. 14-943, § 1, 8-4-14)

11.67.070 - Plan submission and approval. ¶

A.

New or Relocated Retail Establishments. Every new retail establishment and any existing retail establishment relocating to a different location within the City shall submit Cart Containment and Cart Retrieval Plans, pursuant to Sections 11.67.050 and 11.67.060 herein, to the Director of Community Development and obtain approval of said plans from the City prior to providing any shopping carts for use by customers of the retail establishment. Each proposed plan shall be accompanied by an application fee in an amount set forth by Resolution of the City Council. No proposed plan(s) shall be accepted for filing and processing by the Director of Community Development unless accompanied by the adopted application fee.

B.

Existing Retail Establishments. Each existing retail establishment providing shopping carts for use by its customers shall submit Cart Containment and Cart Retrieval Plans, pursuant to Sections 11.67.050 and 11.67.060 herein, to the Director of Community Development no later than September 30, 2015. No such retail establishment existing on March 31, 2014, shall provide or continue to provide shopping carts for use by its customers commencing on January 1, 2016, without approved plans conforming to the requirements set forth in Sections 11.67.050 and 11.67.060 herein, provided, however, said deadline shall be extended for the period, if any, during which a plan is pending, or where an appeal of the denial of such plan is pending pursuant to the provisions of this Chapter. Each proposed plan shall be accompanied by an application fee in an amount set forth by resolution of the City Council. No proposed plan(s) shall be accepted for filing and processing by the Director of Community Development unless accompanied by the adopted application fee.

C.

Plan Review and Approval. Upon the filing of any proposed plan pursuant to Sections 11.67.050 and 11.67.060 herein, the Director of Community Development shall review the proposed plan for compliance with the guidelines set forth in this Chapter. The Director shall approve or deny the proposed plan within 30 calendar days following receipt thereof. If the proposed plans comply with each of the applicable requirements of this chapter, the Director shall approve the plan; otherwise, the plan shall be denied. If the proposed plan is denied, the notice of decision provided to the owner shall state the grounds upon which the proposed plan was denied. The decision of the Director may be appealed pursuant to subsection E of this section.

D.

Amendments by Owner. The owner of any retail establishment that has an approved plan conforming to the requirements of this chapter may, at any time, submit a proposed amendment to the approved plan to the Director of Community Development. Such amendment shall be processed in accordance with the procedure for a proposed plan as set forth in subsection C of this section.

Appeals. Pursuant to the timeframes and procedures set forth in Section 1.08.010 of the Montclair Municipal Code, any owner aggrieved by a decision of the Director of Community Development pursuant to this chapter may appeal such decision to the City Manager. No appeal shall be accepted for filing and processing unless accompanied by the appeal fee set forth by resolution of the City Council.

(Ord. No. 14-943, § 1, 8-4-14)

11.67.080 - Cart corrals and storage areas. ¶

A.

Every new retail establishment commencing business on or after April 1, 2014, and providing shopping carts for use by its customers that can be transported outside the retail establishment's building shall provide/construct cart corrals and/or cart storage areas on the premises in which the retail establishment is located in a number and design satisfactory to the Director of Community Development and meeting the following minimum criteria:

1.

For retail establishments providing 30 or fewer shopping carts for use by its customers, the owner shall provide a minimum of two portable cart corral(s) within the parking area. Said corrals shall be secured to the pavement for stability and to avoid obstruction of parking stalls.

2.

For retail establishments providing more than 30 shopping carts for use by its customers, the owner shall construct permanent cart corrals and/or storage areas within the parking area and adjacent to the building utilizing materials complementary to the main building. Parking area cart corrals shall be enclosed on each side by a decorative masonry base between 12 and 18 inches in height, topped with a decorative iron or tubular steel fence providing an overall corral height (masonry plus fencing) of 42 inches.

B.

Every existing retail establishment providing shopping carts for use by its customers that undergoes an expansion resulting in an increase in gross floor area of 25 percent or more shall be required to provide/construct cart corrals and/or cart storage areas on the premises in which the retail establishment is located in a number and design consistent with the guidelines set forth in this Section.

11.68.020 - Permitted uses. ¶

A.

The Director of Community Development may grant a seasonal outdoor use permit for the following uses:

1.

Pumpkin sales lots;

2.

Christmas tree sales lots;

Crops grown and sold on the same lot; and

4.

Temporary special events limited to no more than three consecutive days.

B.

The Director of Community Development may grant a promotional outdoor sales event permit as defined in Chapter 11.02 of this title to a bona fide business established having a permanent location within the City for the sale of goods, wares and merchandise on a developed site occupied by an establishment business licensed by the City and either:

1.

The business conducting the sale is legally operating elsewhere in the City at a permanent location; or

2.

The legally operating business conducting the sale does not currently exist in the City, in such case, it must be demonstrated that the goods, wares or merchandise to be sold are not sold by another business legally operating in the City.

(Ord. 01-816 § 1; prior code § 9-6.501)

(Ord. No. 18-978-U, § 4, 12-17-18)

11.68.030 - Authorization. ¶

The Director of Community Development is authorized to grant seasonal outdoor use permits and promotional outdoor sales event permits for uses pursuant to the provisions of this chapter. In granting the permits, the Director may stipulate conditions in addition to those required by the provisions of this chapter.

(Prior code § 9-6.502)

11.68.040 - Appeals. ¶

Any appeals shall be in accordance with Section 11.04.070.

(Prior code § 9-6.503)

11.68.050 - Application requirements. ¶

Prior to the issuance of a seasonal outdoor use permit and a promotional outdoor sales event permit, the applicant shall pay the applicable fees and/or deposit with an application, and also specify and include the following:

A.

A site plan of the property to be used and the surrounding properties. Site plan shall indicate the location, size, height, and type of all structures, including signs, walls, fences, and all parking spaces;

B.

The location, size, and dimensions of all yards and setbacks and all spaces between structures;

C.

The elevations of all structures proposed for construction, showing the general design, architectural features and building materials;

D.

The location of all lighting within the proposed development area, except that which is within any building.

(Prior code § 9-6.504)

11.68.060 - Time limits. ¶

A.

The following time limits shall apply to seasonal outdoor sales as defined in Chapter 11.02 of this title:

1.

Only crops grown and sold on the same lot may be permitted for a period not to exceed one year and if the permit is not utilized within such time, this authorization shall become void.

2.

Christmas tree and pumpkin sales lots may be permitted for a period not to exceed 75 days to include setup and cleanup under the time limitation, and if the permit is not utilized within such time, this authorization shall become void.

B.

The following time limits shall apply to promotional outdoor sales as defined in Chapter 11.02 of this title:

1.

A permit shall be for a period not to exceed 10 days and shall be permitted for not more than four times per calendar year per business address.

2.

One additional special promotional outdoor sale permit may be granted by the Community Development Director within one calendar year for a center-wide participation basis if such center has five or more participating tenants. Such special center-wide permit, however, shall be limited to 72 hours. One

temporary banner may be permitted to advertise such center-wide outdoor sales event coinciding within the 72-hour period.

The permits may not be granted consecutively but shall be separated by a time period of at least 30 days.

C.

Once any portion of a seasonal outdoor use permit or a promotional outdoor sales event permit is utilized, the conditions thereof shall become immediately operative and shall be strictly complied with.

(Ord. 99-791 Exh. A (part); prior code § 9-6.505)

11.68.070 - Revoking. ¶

The Director of Community Development is authorized to revoke any seasonal and promotional outdoor permit or special event permit when it is determined that requirements of this chapter or conditions of approval are not being met, or the permit was obtained by fraud or issued in error, or the use is creating a nuisance or safety hazard.

(Prior code § 9-6.506)

11.68.080 - Amortization. ¶

Promotional outdoor sales event permits, as defined in Chapter 11.02 of this title, shall apply to the following provisions: Any commercial or retail business that has previously utilized its privileges by having promotional outdoor sales events, prior to the adoption of the ordinance codified in this chapter, shall be considered legal nonconforming and shall be allowed to exercise the above-said privileges so long as the business retains the same majority ownership interest as existed on October 1, 1988. At such time when there is a change of majority ownership interest, all commercial or retail businesses shall conform in accordance with the provisions of this title and all sections of this Code.

(Ord. 06-871 § 8: prior code § 9-6.507)

11.68.090 - Temporary structure and display area. ¶

A.

Temporary structures may be permitted for seasonal outdoor use permits in accordance with the following provisions:

1.

All structures shall not exceed a total of 10 percent of the entire lot or 400 square feet, whichever is less.

2.

Any structure used for storage shall be used for equipment or supplies which are accessory to the crops being grown and sold. Such equipment or supplies shall be adequately screened from public view.

3.

All structures shall conform to all Building Division procedures and regulations.

No structure or outdoor display shall be allowed within the public right-of-way.

5.

No dwelling units, including those for caretakers or employees, are permitted in conjunction with seasonal outdoor uses or promotional outdoor sales events. Trailers, campers, and the like may be permitted for seasonal outdoor sales, such as Christmas tree lots, upon approval by the Director of Community Development.

B.

For promotional outdoor sale events, no temporary structures shall be permitted during the sale period specified on the permit with the following exceptions:

1.

A small canopy or umbrella with at least 50 percent of its sides opened, and the size of its roof covering not to exceed 1000 square feet in area or 30 percent of the defined outdoor sale area, whichever is less;

2.

Outdoor sales display area shall not exceed 30 percent of the required total parking area for the business based upon building square footage;

3.

Temporary structure per subsection (B)(1) of this section shall be located a minimum of 15 feet from street side property lines, if it does not obstruct visibility of the adjoining property. No part of any structure shall encroach onto the landscape area, walkway, fire lane, fire exit, or handicapped parking area;

4.

Temporary structure shall meet all fire and building safety standards as required under Section 10.52.090 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 9-6.508)

11.68.100 - Fees. ¶

1.

Pump islands shall be located not less than 20 feet from the street right-of-way (property line).

2.

There shall be a maximum of four pump islands with not more than four meter cabinets per island. Two fuel-outlet hoses for each cabinet shall be permitted.

(Ord. 99-791 Exh. A (part); prior code § 9-6.102)

11.70.030 - Walls and fences. ¶

Masonry (brick, block, slumpstone, and the like) walls shall be required on interior property lines if the property lines are adjacent to or across an alley from any residential or professional zone. The height and color of the wall shall be determined by the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-6.103)

11.70.040 - Restrooms. ¶

A.

Requirement. A restroom for women and a restroom for men for use by customers and employees shall be provided in all service stations.

B.

Screening. All restroom entrances shall be screened from view from adjacent properties and street rightsof-way by decorative structural screening.

(Prior code §§ 9-6.104, 9-6.104.1)

11.70.050 - Lighting. ¶

Top-mounted pole lights, generally mushroomed in character, shall be required and shall be so situated and shielded as not to direct or reflect lighting on adjacent properties or public rights-of-way.

(Prior code § 9-6.105)

11.70.060 - Parking.

A.

For full-service service stations there shall be provided a minimum of one parking space for each employee, plus two for each service bay. All off-street parking spaces shall be striped and shall consist of one approved handicapped parking space, and the remainder shall be a minimum of 9 feet by 20 feet.

B.

For dispensing-only service stations there shall be provided a minimum of one parking space for each employee, plus two for air and water servicing. All off-street parking spaces shall be striped and shall be a minimum of 12 feet by 20 feet including one approved handicapped parking space.

C.

For mixed-use service stations there shall be provided for the basic service station use a minimum of one parking space for each employee, plus two for air and water servicing. All off-street parking spaces shall be striped and shall be a minimum of 12 feet by 20 feet and include one approved handicapped parking

space. Parking for other uses on the same site shall be in conformance with the minimum standards provided for in this Code or as required by the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-6.106)

11.70.070 - Utilities. ¶

All electrical, telephone, C.A.T.V., and similar service wires or cables which provide direct service to the property being developed shall, within the exterior boundary lines of such property, be installed underground. The developer or owner shall be responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies for the installation of such facilities.

For the purposes of this section, appurtenances and associated equipment, such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground but in all cases shall be concealed from public view in a manner approved by the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-6.107)

11.70.080 - Architecture. ¶

Service stations shall be so designed that the architectural theme will reflect the most recent thinking in good service station design. "Ranch" or "neighborhood" types shall be acceptable, and other innovative designs may be permitted provided the same can be shown to be an asset to the area under consideration and will not cause other structures and property in the local environment to materially depreciate in appearance or value. To accomplish the desired architecture, the use of ornamental brick, stone, and the like on the exterior of the building shall be encouraged.

(Ord. 99-791 Exh. A (part); prior code § 9-6.108)

11.70.090 - Service bays. ¶

A.

For full-service service stations, the following shall apply:

1.

There shall be provided and used a minimum of three service bays in all cases.

2.

The entrance to the service bays shall not be open to the street but shall be so designed to face the rear or interior side property line.

3.

A masonry facade or raised planter (brick, stone, rock, or the like) shall be installed from the grade 36 inches high along the outside of that portion of the service station structure which constitutes a vertical wall

at the opposite end of the service bay entrance. A pedestrian entrance may be permitted in such wall.

4.

Windows in the exterior service bay wall constituting in excess of 10 percent of the total wall area shall not be permitted. The Planning Commission, without the benefit of a public hearing, may reduce the amount of permitted window area when in can be shown that such action will further the objectives of this title.

B.

For dispensing-only service stations, no service bay shall be permitted.

C.

For mixed-use service stations, the standards of a full-service service station shall be required if automotive service is provided other than fueling.

(Ord. 99-791 Exh. A (part); prior code § 9-6.109)

11.70.100 - Trash areas. ¶

A fully enclosed (all sides) trash area shall be provided and constructed of a material which shall be in harmony with the architecture of the building. The height of all such enclosures shall be determined by the Planning Commission.

(Prior code § 9-6.110)

11.70.110 - Access.

Each frontage may be permitted two drive approaches. However, on a frontage where no pump islands are proposed, access shall be limited to one location. No drive approach may encroach into a curb return.

(Ord. 99-791 Exh. A (part); prior code § 9-6.111)

11.70.120 - Required services. ¶

All service stations shall provide air, water, and window cleaning equipment available for automotive safety.

(Prior code § 9-6.111.1)

11.70.130 - Truck services.

A.

For full-service or dispensing-only service stations, no truck service shall be provided.

B.

For mixed-use service stations, truck services may be provided if allowed in the zone and if approved by the Planning Commission and the subject site is so approved for the use.

(Ord. 99-791 Exh. A (part); prior code § 9-6.111.2)

11.70.140 - Signs. ¶

No outdoor advertising sign or structure shall be permitted except as provided in subsections A and B of this section as follows:

A.

Identification/price signs or structures shall be permitted as follows:

1.

Identification signs or trademark symbols and price signs may be incorporated within freestanding walls or structures constructed of masonry, wood, or other suitable building material. Such signs and associated structures shall not exceed the following:

a.

For full-service service stations, 60 square feet,

b.

For dispensing-only service stations, 42 square feet,

c.

For mixed-use service stations, 60 square feet. Such signs shall not exceed 10 feet in height, and in no case shall such signs or structures be permitted to project beyond the property line. Such signs shall be limited to one for each street frontage; or

2.

Identifications signs or trademarks symbols may be located on or incorporated within the pump island canopy structure or on the building walls. Such signs shall not project above the top of the canopy structure, shall not exceed a maximum area of 20 square feet for each sign face, and each sign shall be limited in length to a maximum of 50 percent of the long dimension of the canopy on which the sign is located.

B.

Flags, banners, spinners, and similar advertising devices shall not be permitted, except as provided in Section 11.72.270 of this title (temporary sign).

C.

Hot or cold air balloons, portable or movable, revolving, flashing, and animated signs in addition to those listed under Section 11.72.120 of this title (prohibited signs), shall not be permitted.

D.

The signs and structures permitted by the provisions of this section shall be subject to compliance with other provisions of this Code relating to sight distance, building, construction, nonconform-ance, and all other regulations of this Code, except variance proceedings.

E.

Signs for mixed-use service stations shall be incorporated into the signs set forth in subsection (A)(1) or (2) of this section. An additional sign may be permitted by the Planning Commission for mixed-use service stations if the application of these standards is found to be a hardship and/or the area of the site is larger than the minimum required by this Code.

F.

For full-service or mixed-use service stations, one poster sign not exceeding 18 square feet and not more than 6 feet in height may be permitted per street frontage for the listing of available services related to the service station operation, such as tire sales, mechanical services, repairs, and testing. The poster signs shall be located within a landscaped planter or next to the pump islands or main building. In lieu of the freestanding poster signs, the station may be permitted a similar sign mounted on the exterior building wall. The location, design and color of such sign shall be subject to the review and approval of the Community Development Director upon submittal of detailed plans.

(Ord. 99-791 Exh. A (part); prior code § 9-6.112)

11.70.150 - Landscaping. ¶

Landscaped areas, a minimum of 15 feet in width, shall be required along all street frontages (except at drive locations), and all such planted areas shall be either bermed at a slope of 1:3 or contained within a planter backed up by an ornamental masonry wall (brick, stone, or the like) of not less than 18 inches, nor more than 24 inches in height. The material used for the construction of such raised planters shall be the same as that used on the exterior of the building, or other related material as approved by the Planning Commission.

One specimen (24-inch box minimum size) on-site tree shall be provided per street frontage within the general area of the main structure in approved planters. All other trees shall be a minimum size of 15 gallons. A ground cover and such other plants as deemed necessary shall also be provided within such planter.

Additional planters, a minimum 5 feet in width, are required along both the interior side and rear property lines. A minimum 15-gallon, 6-foot tree for every 75 square feet of said planter areas, plus ground cover and shrubs, shall be provided within each such planter.

An automatic sprinkler system providing 100 percent irrigation to all planted areas shall be installed; hose bibs shall be provided at convenient locations.

For mixed uses, the Planning Commission may require additional landscaping to meet general commercial standards.

(Ord. 99-791 Exh. A (part); prior code § 9-6.113)

11.70.160 - Activities controlled in full-service service stations. ¶

The following activities shall be controlled in full-service service stations:

A.

Heavy duty engine overhauling normally requiring more than one work day for completion;

B.

Sales, displays, dispensing and servicing of nonautomotive-related services shall be prohibited, except that snack shops are permitted for the sale of candy, soft drinks, cigarettes and snack products, subject to the following requirements:

1.

The snack shop shall not exceed a floor area of 300 square feet and shall be located entirely within the enclosed service station building,

2.

The snack shop shall be located in such a manner so as to safely separate patrons from auto service functions of the facility, and is subject to review under required building permit or snack shop improvements,

3.

The snack shop may only operate as an accessory use to the service station, with operating hours limited to those of the station,

4.

The snack shop shall not include the sale of alcoholic beverages unless approved by conditional use permit under the provisions of this title,

5.

A decorative trash receptacle shall be provided near the snack shop entry and/or at pump islands,

6.

Snack shops having an area or other factors in excess of these requirements may be approved, subject to a conditional use permit; and

C.

The service station shall be allowed one display for accessories, wipers, tires, shocks or brakes to be located outside the main building. Such display shall be limited to a maximum area dimension of 3 feet by 4 feet. The intent is to permit one of the following:

A wiper storage case,

2.

A shock absorber storage or additives case, or

3.

Four single tires located at the discretion of the operator. In lieu of the maximum area dimension of 3 feet by 4 feet established for accessories, permitted tire displays shall be limited to a maximum of four outside the main structure;

D.

Candy, soft drink, or food dispensers may be located outside the building if such displays are located in a specifically constructed area, such as an alcove, which is attached and located to the side of the service structure. Any such structure shall be architecturally compatible with other structures.

(Ord. 99-791 Exh. A (part); prior code § 9-6.114)

11.70.170 - Prohibited uses in full-service service stations. ¶

The following uses shall be prohibited in full-service service stations:

A.

Automobile body repair and painting shall not be permitted in any case;

B.

Outdoor storage of products or parking, other than customer parking;

C.

Outdoor storage of dismantled vehicles;

D.

Vehicle impounding; and

E.

All uses not listed as permitted.

(Prior code § 9-6.114.1)

11.70.180 - Activities controlled in dispensing-only service stations. ¶

No use shall be permitted outside of sales of gasoline except the sales of candy, soft drink, cigarette and snack products subject to the requirements for snack shops per Section 11.70.160(B) or when dispensed by an automatic machine per the requirements of Section 11.70.160(D).

(Ord. 99-791 Exh. A (part); prior code § 9-6.114.2)

11.70.190 - Prohibited uses in dispensing-only service stations.

The following uses shall be prohibited in dispensing-only service stations:

A.

Outdoor storage of products or parking, other than customer parking;

B.

Outdoor storage of dismantled vehicles;

C.

Vehicle impounding;

Tow services; and

E.

All uses not listed as permitted.

(Prior code § 9-6.114.3)

11.70.200 - Activities controlled in mixed-use service stations.

The following activities shall be controlled in mixed-use service stations:

A.

The service station shall be allowed one display for accessories, wipers, tires, shocks, or the like to be located outside the main building. Such display shall be limited to a maximum area dimension of 3 feet by 4 feet. The intent is to permit one of the following:

1.

A wiper storage case;

2.

A shock absorber storage or additive case;

3.

B.

Candy, soft drink, or food dispensers may be located outside the building if such displays are located in a specifically constructed area, such as an alcove, which is attached to the outside of the service structure. Any such structure shall be architecturally compatible with other structures on the site.

C.

Outdoor sales, displays, dispensing and servicing of nonautomotive-related services shall be prohibited, except candy, soft drink, cigarette and snack products dispensed by an automatic dispensing machine as provided in this chapter, or within a snack shop subject to the requirements provided in this chapter.

D.

Retail off sale of alcoholic beverages shall be subject to conditional use permit requirements in accordance with provisions of Chapter 11.78 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 9-6.114.4)

11.70.210 - Uses permitted in mixed-use service stations. ¶

The following mixed uses may be permitted by the Planning Commission if approved in the basic zone:

A.

One additional business or business owner of the same parcel;

B.

Heavy duty automotive engine overhauling requiring generally more than one work day;

C.

Truck servicing not to exceed two axles;

D.

Heavy duty engine overhauling normally requiring more than one work day for completion; and

E.

Other uses the Planning Commission finds compatible to those permitted uses and to the general area.

(Ord. 99-791 Exh. A (part); prior code § 9-6.114.5)

11.70.220 - Prohibited uses in mixed-use service stations. ¶

The following uses shall be prohibited for all service stations:

A.

Any use limited to or prohibited in the M-l and M-2 Zones;

B.

Any use requiring outdoor storage or parking other than customer parking;

C.

Outdoor storage of dismantled vehicles; and

D.

Automobile body repair and painting shall not be permitted tn any case.

(Ord. 99-791 Exh. A (part); prior code § 9-6.114.6)

11.70.230 - All activities in structures.

All activities, including the servicing of automobiles, shall be conducted within the service station building.

(Prior code § 9-6.114.7)

11.70.240 - Locational criteria. ¶

A conditional use permit shall not be granted for a gasoline service station at any location unless:

A.

The parcel under construction is located along a major street as defined in the adopted Development Plan for Circulation and Transportation;

B.

The maximum number of service stations per intersection does not exceed two. This provision shall not prohibit existing service stations, which are located at intersections where a greater service station density exists, from redeveloping so long as the minimum service station development standards are met;

C.

The mixed uses are compatible to the area;

D.

Such mixed uses have compatible traffic flow.

(Ord. 99-791 Exh. A (part); prior code § 9-6.115)

11.70.250 - Zoning criteria.

A.

Full-service service stations may be located in the C-1, C-2, C-3, MIP, M-1, and M-2 Zones.

B.

Dispensing-only service stations may be located in the C-3 Zone only.

C.

Mixed-use service stations may be located in the C-3, MIP, M-1 and M-2 Zones only.

(Prior code § 9-6.116)

Chapter 11.72 - SIGNS

Sections:

Article I. - General Provisions

11.72.010 - Purpose and intent. ¶

The regulation and control of the location, size, type and number of signs permitted shall be governed by the provisions of this chapter. The purpose of this chapter shall be to safeguard and enhance property values; to protect public and private investments in building and open spaces; to preserve and improve the appearance of the City as a place in which to live and to work, and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business and for the information of the public, but to prevent excessive and confusing sign displays; to reduce hazards to motorists and pedestrians; and to promote the public health, safety and general welfare by regulating and controlling all matters relating to signs.

It is the intent of this chapter to provide sound and appropriate development standards and review process to ensure that all signage conforms to the Community Design Element of the adopted General Plan. It is further recognized that the City's policy for signs is one which advocates simple identification of the business name or center, rather than the advertising of business products or activities.

(Prior code § 9-7.101)

11.72.020 - Interpretation of provisions. ¶

A.

The provisions of this chapter are not intended to abrogate any easements, covenants, government regulations or codes, court rulings, or other existing agreements which are more restrictive than the provisions of this chapter.

B.

Whenever the application of this chapter is uncertain, the question shall be referred to the Planning Commission for determination. The Planning Commission shall then authorize signing which best fulfills the intent of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-7.305)

11.72.030 - Administration and enforcement. ¶

It shall be the duty of the City Manager to enforce all the provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-7.301)

11.72.040 - Building permits required. ¶

Permits shall be required prior to the placement, installation, relocation, modification of the copy, or reconstruction of any sign in the City, unless expressly exempt by this chapter. A sign requiring a permit shall comply with all the provisions of this chapter and all other applicable laws and ordinances.

(Ord. 99-791 Exh. A (part); prior code § 9-7.302)

11.72.050 - Design, construction and maintenance.

A.

All signs, sign structures and materials will be designed, manufactured, assembled and constructed in compliance with all minimum State, federal and City regulations.

B.

All signs and sign structures shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked or broken surfaces, malfunctioning lights, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced within 30 days following notification by the City. (Amended during 1999 codification; Ord. 99-791 Exh. A (part); prior code § 9-7.303)

11.72.060 - Application for Precise Plan of Design (PPD) approval. ¶

A.

The following procedure shall be followed for new signs which exceed 50 square feet in sign area or for the remodeling of an existing sign which results in over 50 square feet in sign area or in the case of a new sign program for a multi-tenant complex:

1.

Application for PPD approval shall be made on forms as prescribed by the Planning Division along with the necessary drawings, sample material board, and fees;

2.

Upon receipt of a complete application, the Planning Division shall submit the sign proposal to the Development Review Committee for conformance with the intent and provisions of this chapter within 15 working days and shall then forward a written report and recommendation to the Planning Commission to approve, approve with modifications, or deny the sign request at the next regularly scheduled meeting.

B.

The following categories of signs shall be reviewed administratively for conformance with the intent and provisions of this chapter by the Director of Community Development, unless otherwise specified:

1.

Monument signs not exceeding 50 square feet per single sign face and less than 8 feet in height;

2.

New wall signs not exceeding 50 square feet in sign area; and

3.

Temporary and special event signs under Section 11.72.270, on-site real estate or construction signs under Section 11.72.300, and certain off-site directional signs under Section 11.72.310 of this chapter, except those specifically exempt under Section 11.72.110 of this chapter.

A decision to approve, approve with modification, or deny such sign requests shall be rendered and forwarded to the applicant within 15 working days from the date such application is deemed completed and fees paid. The decision of the Director of Community Development may be appealed to the Planning Commission in accordance with Section 11.72.090 of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-7.304)

11.72.070 - Fees.

Application for sign approval, whether it is for Planning Commission review or for administrative review by the Planning Division, shall be accompanied by the appropriate filing fees in accordance with the fee schedule adopted by resolution of the City Council. Separate fees for building and electrical permits shall also be paid prior to issuance of such permits.

(Ord. 99-791 Exh. A (part); prior code § 9-7.306)

11.72.080 - Variances. ¶

If practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter would occur from its strict literal interpretation and enforcement, the Planning Commission may grant a variance therefrom upon such terms and conditions as it deems necessary. Such variances shall be in harmony with the general purposes and intent of this chapter so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

Any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties.

To grant a variance, the provisions of Section 11.82.010 through and including Section 11.82.050 of this title shall be complied with.

(Ord. 99-791 Exh. A (part); prior code § 9-7.307)

11.72.090 - Appeal. ¶

A decision of the Director of Community Development may be appealed to the Planning Commission within ten days of the Director's decision. The appeal shall be made on forms prescribed by the Planning Division and fees paid in accordance with the fee resolution. The submission of the application and fees shall constitute the filing of the appeal. The Planning Commission shall review the appeal at a regularly scheduled meeting according to the schedule of meetings and deadlines for submission of applications. The Commission shall either uphold, reverse or modify the Director's decision. If anyone is aggrieved or affected by the decision of the Planning Commission, they may appeal the decision to the City Council within 10 days from the decision of the Planning Commission. The appeal shall be submitted in accordance with the above appeal provisions. The City Council shall review the appeal and either uphold, reverse or modify the Commission's decision. The Council's decision shall be final.

(Ord. 99-791 Exh. A (part); prior code § 9-7.308)

11.72.100 - Enforcement, penalties and abatement.

A.

Any person or entity violating or failing to comply with any of the requirements of this chapter shall be guilty of a violation pursuant to Chapter 1.12 of this Code.

B.

The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to the provisions of this chapter shall be liable to the City for the cost of the removal, storage and/or destruction of such sign and for the City's court costs and reasonable attorney's fees. The City may recover the same through an action commenced in a court of competent jurisdiction.

C.

Any unauthorized or illegal sign within the public right-of-way or on private property that is found and declared to be a public nuisance or constitutes a hazard to pedestrian or vehicular traffic may be removed immediately, stored and/or destroyed by the City at the expense of the owner or other person entitled to possession of such sign or any person, business or entity who benefits from such sign. The cost of removal, storage and/or destruction of such illegal signs shall be the actual costs or the standard cost pursuant to a fee schedule set by resolution of the City Council.

D.

After removal of any such illegal sign pursuant to this section, the person, business, company or entity that owns the sign, placed it or who benefited from it shall be served with a statement of costs from the City. The notice of sign abatement from City right-of-way and the statement of costs shall be mailed by certified letter or hand delivered to the charged party. Notice shall be given that the determination verified in the statement of costs can be appealed by filing a written appeal with the City Manager as specified in Section 1.08.010.

Any person desiring to retrieve a sign removed by the City may do so upon payment of an administrative fine plus such storage fees as determined by a fee resolution of the City Council that may be adopted from time to time. In lieu of paying such administrative fine, such person may retrieve a sign upon signing a promise to appear upon a citation issued to him or her for violations of this section or other provisions of this chapter. If a person wishes to contest the fact that the sign was placed in violation of this section or other provisions of this chapter prior to paying the fine or signing the citation, he or she shall have the right to an administrative hearing before the City Manager, upon receipt of a written appeal by the City as specified in subsection D of this section. If the City Manager finds that the sign was lawfully placed, he or she shall return the sign without an administrative penalty or the issuance of a citation.

F.

Any sign removed by the City shall be considered abandoned if it is not retrieved and no written appeal is filed with the City within 15 calendar days after the date of such notification by the City following the sign removal and may be disposed of by the City without liability therefor to any person.

(Ord. 06-889 § 15; Ord. 01-812 § 1; Ord. 99-791 Exh. A (part): prior code § 9-7.309)

Article II. - Special Categories of Signs

11.72.110 - Exempt signs.

The following categories of signs shall be exempt from Precise Plan of Design review and the permit requirements of this chapter. An electrical or building permit may, however, be required.

These exceptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance and its compliance with this chapter or any other law regulating the same and any fee pertaining thereto:

A.

The changing of advertising copy or messages on announcement or bulletin boards, electronic message board signs, and similar signs specifically designed for the use of replaceable or changeable copy, unless electrical alterations are made;

B.

Painting, repainting, cleaning, minor repairing and routine maintenance of existing sign structure without enlarging or increasing the size or height, or the design of the sign graphics and of the structure itself;

C.

Nameplates, traffic control signs, window signs, directional signs and public information and regulatory signs required by law or by federal, State, County or City authority, as defined in this chapter and in accordance with all provisions of this chapter;

D.

Permanent window or entryway signs not exceeding 4 square feet and limited to business identification, hours of operation, address, and emergency information only;

E.

Service and delivery identification signs, not exceeding 2 square feet each and limited to one sign per delivery point, placed on the rear of the building;

F.

Contractor or construction signs listing major contractors, financial institutions, developers and/or owners of property for the project, not exceeding 40 square feet in area and 8 feet in height, unless legally required by government contracts to be larger. All signs shall be located at least 10 feet from the property line. Such signs shall be promptly removed upon the completion of the project;

G.

Future tenant identification or announcement signs may be placed on vacant or developing property, upon receiving Precise Plan of Design approval for such development, to advertise the future use of the property and related information. For parcels containing 10 acres or less, such signs shall be limited to one per street frontage, with a maximum of 40 square feet in area per sign face and a maximum of 8 feet in height. For parcels greater than 10 acres, one sign is permitted for every 600 feet of street frontage and is limited to 64 square feet in area per sign face and 15 feet in overall height. All such signs shall be located at least 10 feet from the property line. Any such sign shall be removed from the property upon completion of such project;

H.

Real estate signs for the selling or leasing of industrial, office or commercial property at the ratio of one per street frontage not to exceed 24 square feet in area and 6 feet in overall height, provided that it is unlighted and is removed within 10 days after the close of escrow or the rental or lease has been accomplished;

I.

Real estate signs for the selling, renting or leasing of residential property not exceeding 4 square feet in area or 6 feet in height, provided that it is unlighted and is removed within 10 days after the close of escrow or the rental or lease has been accomplished;

J.

Interior signs within a structure not visible from the street or from outside of building;

K.

Memorials, tablets, plaques, or directional signs for community historical resources, installed by a recognized historical society or civic organization;

Official and legal notices issued by the court, public body, person, or officer in performance of their official duties;

M.

Official flags of the United States of America, the State of California, and other states of the United States, counties, municipalities and official flags for nations, and flags of internationally and nationally recognized organizations;

N.

Signs of public utility companies providing warning or public information signs as required by law;

Safety signs on construction sites;

P.

Convenience signs not exceeding 4 square feet in area.

(Ord. 99-791 Exh. A (part); prior code § 9-7.401)

11.72.120 - Prohibited signs.

All signs not expressly permitted are prohibited, including but not limited to the following:

A.

Roof signs, including those attached to a mansard roof;

B.

Flashing signs, except in time and temperature or electronic message board signs;

C.

Animated signs, including human signs and air puppets;

D.

Revolving or rotating signs;

E.

Vehicle or mobile signs, including signs and banners affixed to vehicles;

F.

Portable signs, including A-frames;

Painted-on wall signs, except as specifically permitted in this chapter and approved under a Precise Plan of Design;

H.

Off-site signs, except temporary subdivision or directional signs as provided for in this chapter;

Hot or cold air balloons;

J.

Inflatable signs, characters, animal or other figures, whether tethered or not;

K.

Balloons, flags, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays, unless specifically permitted by this chapter;

L.

Signs placed within or over public right-of-way on public land or on utility poles, except as specifically permitted by this chapter;

M.

Any temporary signs or banners unless specifically permitted by this chapter;

N.

Signs resembling traffic signs or that constitute traffic hazards;

O.

Signs constituting obscene material; and

P.

Flags containing a business name, product or advertising copy.

(Ord. 06-871 § 9 (part): Ord. 99-791 Exh. A (part); prior code § 9-7.402)

11.72.130 - Signs relating to inoperative activities. ¶

Signs pertaining to activities or businesses which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 60 days after the premises have been vacated. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this chapter.

(Prior code § 9-7.403)

11.72.140 - Nonconforming signs.

A.

Intent. It is the intent of this section to recognize that the eventual removal or elimination of existing signs that are illegal or not in conformity with the provisions of this chapter is as important as is the prohibition of new signs that would violate these regulations. The removal of such nonconforming sign is in keeping with the objectives of the Community Design Element of the adopted General Plan.

B.

General Requirements.

1.

All signs illegally erected or reconstructed and all signs deemed to be unsafe and posting a danger to the public or which could create a potential hazard, in the opinion of the Director of Community Development, shall be removed immediately by the sign company and/or property owner upon written notice issued by the City.

2.

A nonconforming sign may not be:

a.

Changed to another nonconforming sign except in the case of face change to the sign copy, subject to City approval;

b.

Structurally altered to extend its useful life;

c.

Expanded;

d.

Reestablished after a business discontinues for 60 days; and

e.

Reestablished after damage or destruction of more than 50 percent of its value, as determined by the Building Official.

3.

No new sign shall be approved for a site, structure, building or use that contains nonconforming signs unless such nonconforming signs are removed or modified to conform with the provisions of this chapter.

C. Amortization Requirements.

1.

Every sign or advertising structure which was legally erected but does not comply with the provisions of this chapter shall be amortized in accordance with the following schedule:

Fair Market Value	Time Period
Under $500	6 months
$ 501—$1000	1 year
$1001—$2000	2 years
$2001—$3000	3 years
$3001—$4000	4 years
$4001—$5000	5 years
$5001 and over	6 years

2.

The value of nonconforming signs shall be determined by the Director of Community Development and the Building Official with the assistance of an independent sign appraiser in accordance with the latest material valuation schedules. The City shall conduct an inventory of existing illegal and nonconforming signs within 12 months after the adoption of the ordinance codified in this chapter to determine such fair market value of signs.

3.

Time period for amortization of nonconforming signs shall commence 12 months from the effective date of the ordinance codified in this chapter. Any sign which becomes nonconforming, either by reason of amendment to this chapter or by annexation to the City, shall also be subject to the provisions of this chapter. The period of time within which such sign must be abated shall commence upon the effective date of such amendment or annexation.

4. Hardship Cases.

a.

Under cases of extreme hardship and unusual circumstances, the Planning Commission, upon receipt of a petition from the sign/property owner, shall have the authority to allow the retention of a nonconforming sign if the Planning Commission specifically finds that extreme hardship and unusual circumstances exist.

b.

The proponent of the request shall have the burden of clearly demonstrating that an extreme hardship and unusual circumstance does exist and warrants the retention of the sign. The Planning Commission shall conduct a public hearing to determine the hardship case. The procedures for conducting the public hearing and application fees shall be regulated by the variance procedures and fees established by the provisions of this title.

c.

The Planning Commission shall use the following findings for determining that an extreme and unusual circumstance exists:

i.

The site has a unique character or feature that causes visibility problems;

ii.

The sign does not create a traffic hazard;

iii.

The sign does not create a visual blight to the community;

iv.

The sign does not adversely affect adjacent properties;

v.

The sign is properly maintained and structurally sound; and

vi.

No other signing alternative or design would be feasible or be able to provide reasonable signing in accordance with this chapter.

d.

If the Planning Commission finds that an extreme and unusual circumstance exists, but that the design or condition of the sign creates a visual blight, then the Planning Commission may grant a relief from the amortization of the nonconforming sign with the condition that the sign be remodeled to a more aesthetic design. If a business or shopping center, found to have the above hardship and which contains nonconforming signs, is remodeled, then the Planning Commission shall have the authority to request that the nonconforming signs be upgraded to match the design and architectural style of the remodeled buildings. The Planning Commission may establish other conditions of approval, including but not limited to time limit for use of such signs.

(Ord. 99-791 Exh. A (part); prior code §§ 9-7.501, 9-7.502)

Article III. - Design Standards

11.72.150 - Adherence required. ¶

The design standards set forth in this chapter shall be adhered to for all signs, unless otherwise indicated.

(Prior code § 9-7.601)

11.72.160 - Sign dimensions. ¶

The dimensions and height of the sign cabinet, if any, or other configuration of the dimensions of the sign area of each sign on the property shall be proportional to and visually balanced with the size and scale of the building.

(Prior code § 9-7.602)

11.72.170 - Sign location.

A.

All signs shall be located on the same premises as the land use or activity identified by the sign, unless specifically permitted to be off-premises in this chapter.

B.

Signs shall be located in accordance with the provisions set forth for each zoning or land use district in this chapter.

C.

No sign shall be located closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the State or by the applicable public utility.

D.

No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic. The required corner cut-off area as specified under Section 11.38.050(M) of this title shall apply.

E.

No sign shall be located within, project, or protrude into any public right-of-way unless specifically permitted in this chapter.

F.

No sign shall be installed in such a manner that visibility to signs on adjacent property is unreasonably obscured.

(Prior code § 9-7.603)

11.72.180 - Sign copy. ¶

Sign copy shall include minimal information identifying the business or primary land use of the property only. The name of the business or brief description of the use shall be the dominant message on the sign. Extraneous advertising such as phone numbers and website addresses shall be prohibited unless part of the registered trademark of the business. The use of a logo that does not exceed 20 percent of the total sign area may be permitted. Freestanding and monument signs shall include the address or address range of the property upon which it is located.

(Ord. 06-871 § 9 (part): prior code § 9-7.604)

11.72.190 - Sign color. ¶

Sign colors shall be compatible with the building architecture. Within shopping centers, sign color should compliment the color scheme for the center. The use of garish or fluorescent colors is considered inappropriate.

(Prior code § 9-7.605)

11.72.200 - Copy and background ratio.

In the case of cabinet signs or monument or freestanding signs, the amount of sign copy, inclusive of logo and other graphics, shall not exceed 40 percent of the total sign face area, leaving a minimum 60 percent background.

(Prior code § 9-7.606)

11.72.210 - Illumination and motion. ¶

Internal illumination is preferred; if external illumination is used, concealed or decorative fixtures shall be subject to approval by the Director of Community Development. Monument signs shall be nonmoving, stationary structures (in all components) and illumination, if any, shall be maintained by artificial light that is stationary and constant in intensity and color at all times (nonflashing).

(Prior code § 9-7.607)

11.72.220 - Electrical components. ¶

Electrical components such as raceways, conduits, wiring, junction boxes, transformers and the like shall be concealed from public view by appropriate means so as not to distract the architectural design of the building or sign structure.

(Prior code § 9-7.608)

11.72.230 - Architectural style. ¶

Each sign should be designed to relate to the architectural style of the main building or buildings on the site and be compatible with the style or character of existing improvements upon the lot adjacent to the site. Incorporation of one or more of the predominantly visual design elements of such building(s), such as building materials, colors, or other design details shall be required. Sign panels on monument signs shall be constructed of an opaque material, color and/or finish consistent with that on the main building(s). Acrylic

or Plexiglas sign panels shall be expressly prohibited. Sign copy on monument signs shall be individual, internally or halo-illuminated channel letters attached to, or routed into, the sign panel background.

(Ord. 06-871 § 9 (part): Ord. 99-791 Exh. A (part); prior code § 9-7.609)

11.72.240 - Relationship to other signs. ¶

If there is more than one monument sign located on a lot, all such signs shall have designs that are well related to each other by the similar treatment or incorporation of not less than four of the following six design elements:

A.

Type of construction materials as used in the several sign components (such as cabinet, sign copy, supports);

B.

Letter style of sign copy;

Illumination;

D.

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

E.

Sign cabinet or other configuration of sign area;

F.

Shape of entire sign and its several components.

(Ord. 99-791 Exh. A (part); prior code § 9-7.610)

11.72.250 - Landscaping. ¶

Each freestanding or monument sign shall be located in a fully landscaped area equal in size to at least that of the sign area so as to provide a compatible setting and ground definition to the sign. The landscaped area shall be maintained on a regular basis.

(Ord. 99-791 Exh. A (part): prior code § 9-7.611)

Article IV. - Sign Regulations

11.72.260 - Permitted signs generally. ¶

Sign permits may be issued for signs included under this section provided that the signs are in compliance with all other applicable laws and ordinances. Signs and advertising devices not expressly permitted under the provisions of this chapter are generally prohibited.

(Prior code § 9-7.701)

11.72.270 - Temporary and special event sign permits. ¶

A.

A temporary sign permit may be issued by the Director of Community Development for a temporary period of time, as specified in this section, for various special and promotional events. The signs may be used to promote the sale of new products, a special promotion or event, new management, new hours of operation, a service, or to promote a special sale. In addition, grand openings; carnivals; festivals; special educational, cultural, civic, charitable, and religious programs; seasonal crops or tree sales; and other similar special events may be specifically granted the use of such temporary signs in accordance with the provisions of this chapter. The time periods granted under temporary sign permits shall refer to calendar days unless otherwise indicated.

B.

To apply for a temporary sign permit, the applicant shall submit to the Planning Division for review and approval a completed application along with the necessary drawings and filing fees as set forth by resolution of the City Council. The use of each sign shall be subject to the following limitations:

1.

Each business shall be allowed one 45-day temporary sign permit for the sole purpose of announcing the grand opening of a new business or significantly new use as defined in Chapter 11.02 of this Title, provided that the privilege of utilizing such sign permit shall occur no later than 60 days from the initial occupancy of such business location.

2.

Each business, nonprofit, or civic organization shall be allowed to display a temporary promotional banner for a maximum of 90 days per calendar year. Businesses and organizations may obtain a single permit for 90 consecutive days, or multiple permits for display periods of less than 90 days, except that permits shall not be issued for periods of less than 10 consecutive days. Should a business choose to display temporary promotional banners during multiple periods, the display periods shall be separated by a minimum of 21 calendar days. This "separation period" shall also apply between the display period for a grand opening banner as described in (1) above and any subsequent display period for a temporary promotional banner.

3.

Temporary banners shall be made of durable materials and attached only to a building on the property upon which the advertised activity is located. The Director of Community Development may allow alternative placement of temporary banners in cases where their placement on a building would not be

plainly visible to passersby. In no case shall a banner be placed higher than the roofline of the building to which it is attached.

4.

No more than one temporary banner shall be permitted per street frontage on any property, up to a maximum of three signs. If a business with multiple street frontages is entitled to, and chooses to display multiple banners, they shall not be combined on the same building elevation, but displayed one per eligible frontage. The Director of Community Development may allow a temporary banner to be placed on a building elevation with no street frontage provided that the elevation faces an internal customer parking lot with a capacity of 100 vehicles or more.

5.

The maximum allowable size of each banner shall be 50 square feet, except that businesses occupying a gross leasable area (GLA) of 50,000 to 100,000 square feet shall be allowed a banner up to 100 square feet in size; and businesses occupying in excess of 100,000 square feet of GLA shall be allowed a banner up to 200 square feet in size.

6.

Provisions for special sign permits and advertising devices for new and used automobile, motorcycle, and watercraft dealerships shall be in accordance with Section 11.72.280 of this chapter.

(Ord. No. 11-924, § 1, 7-18-11)

Editor's note— Ord. No. 11-924, § 1, adopted July 18, 2011, repealed the former § 11.72.270, and enacted a new § 11.72.270 as set out herein. The former § 11.72.272 pertained to similar subject matter and derived from prior code § 9-7.702 and Ord. No. 99-791.

11.72.275 - Temporary promotional banners and/or graphics at 5200 Montclair Plaza Lane.

Notwithstanding the criteria for temporary promotional banners set forth in Section 11.72.270 of this chapter, temporary banners and graphics shall be permitted to be displayed on the former Broadway/Macy's building at 5200 Montclair Plaza Lane subject to the criteria set forth below. The purpose of this Section is to provide the owner and leasing agent at Montclair Plaza flexibility in promoting the completed interior renovations and the planned major expansion on the property.

A.

Location. A temporary banner permit may be issued by the Director of Community Development for temporary banners and graphics on the "basketweave" architectural portions of the north, east, and south elevations of the building. Banners and graphics may cover all or part of each elevation. In no event shall banners and/or graphics be installed below or above the "basketweave" architectural portion of the building.

B.

Application. The property owner or leasing agent shall submit to the Planning Division for review and approval a completed application along with the necessary drawings and filing fees as set forth by resolution of the City Council. The temporary banners/graphics shall be subject to the following:

1.

One permit shall be required for the location, whether the applicant chooses to install one or multiple banners/graphics on the building.

2.

Temporary banners/graphics shall be made of durable materials and attached securely to the building. Worn or deteriorated banners/graphics, as determined by the Director of Community Development, shall be removed or replaced within 72 hours of notification to the applicant.

C.

Content. The copy and graphic content of the banner(s) shall be limited to promoting existing and future retailers and activity within Montclair Plaza and the area commonly known as "North Plaza," located on the north side of Moreno Street between Fremont Avenue and the property currently occupied by Target.

D.

Duration. A permit for temporary banners/graphics issued pursuant to this Section shall not be a subject to a time limit; however, all temporary banners and graphics shall be removed no later than April 30, 2013, or the commencement of demolition of the subject building, whichever occurs first.

E.

Sunset Date. This section shall sunset on June 30, 2013, unless extended prior to that date.

(Ord. No. 12-929, § 1, 5-7-12)

11.72.280 - Special sign permits for automobile dealerships.

The Planning Commission may grant special sign permits to new or used automobile dealerships, as defined in this title, upon consideration of the uniqueness and the regional characteristic of the use and their contribution to the community.

For the purpose of this section, a "new automobile dealership" means a factory-authorized agency with exclusive franchise agreement to market, display, sell or lease certain new automobiles and related products to the general public and is licensed by the California Department of Motor Vehicles and approved by the City under a conditional use permit to conduct such business activities. Such dealership typically encompasses at least 2 acres of outdoor display area, permanent showrooms, offices, auto parts store, and auto service area.

A used automobile dealership typically refers to an auto agency licensed by the California Department of Motor Vehicles, and approved by the City under a conditional use permit, to market, display, sell, auction or

lease pre-owned or used vehicles to the general public upon a certain physical location having an outdoor display area and/or showroom.

A.

Permitted Signs for New Auto Dealerships. Other provisions of sign regulations pertaining to commercial uses notwithstanding, each new auto dealership may be allowed one freestanding sign to identify one or more lines of automobiles in accordance with the limitations as to size and height as specified in this section. The Planning Commission shall have the discretion of approving an auto-center identification sign for multiple users in lieu of the individual dealership signs.

1.

Freestanding Signs. For new auto dealerships with a minimum lot area of 2 acres, a freestanding sign up to a maximum of 25 feet in height and 80 square feet in sign area may be permitted with approval of a PPD by the Planning Commission. For new automobile dealerships with frontage along the I-10 Freeway which are designed with primary freeway-orientation, consideration may be given for a freestanding sign with maximum height up to 45 feet and sign area up to 200 square feet for identification of the auto complex and product lines. Freeway-oriented freestanding signs shall be located at least 600 linear feet apart unless

mission. For new automobile dealerships with frontage along the I-10 Freeway which are designed with primary freeway-orientation, consideration may be given for a freestanding sign with maximum height up to 45 feet and sign area up to 200 square feet for identification of the auto complex and product lines. Freeway-oriented freestanding signs shall be located at least 600 linear feet apart unless

the applicant can demonstrate that a lesser distance would not adversely impair visibility or create hazardous conditions to freeway motorists.

For new auto dealerships with less than 2 acres in lot area, the provisions of Section 11.72.440 of this chapter (Permitted signs in commercial zones) shall apply.

2.

Building Signs. Building signage shall be limited to individual channel letters and logos of appropriate proportion and scale to the building mass and setbacks from the public street or freeway. One wall sign per street elevation will be allowed.

3.

Temporary Sign Permits. Notwithstanding other provisions regulating temporary signs and advertising devices listed under subsection (A)(4) of this section, new auto dealerships may be allowed the option of displaying one temporary banner attached to the light poles on the same lot if the building is set back at least 75 feet from the street frontage and further provided that the banner is no higher than 20 feet from finished grade. For a dealership that abuts the freeway frontage, no banner shall be displayed closer than 50 feet from the freeway right-of-way.

Dealerships may also be permitted to utilize temporary promotional signage devices affixed to exterior light poles. Such devices may include "snow cone" or fan-type banners, festoons, bunting, "Olympic" style banners, and pole-mounted flags. Such pole-mounted advertising devices must be of an attractive design and meet the following criteria:

a.

A temporary sign permit must be obtained from the Planning Division prior to installation. A site plan and graphic representation of the proposed advertising devices is required for approval.

b.

Pole-mounted advertising must be of a durable material and utilize a consistent design and color.

c.

Advertising copy may be included, but must also include copy which identifies "Montclair," in an effort to strengthen the City's auto sales identity.

d.

Pole-mounted advertising may be utilized on an ongoing basis so long as continuously maintained and/or replaced as necessary. Such advertising devices must be removed within 10 calendar days of City notification that said devices have become unmaintained, by reason of damage, discoloration, fading, improper attachment, deterioration, or are determined to be out of compliance with applicable City standards.

e.

Pole-mounted advertising devices shall be limited to a maximum of 50 percent of the dealership's light poles, notwithstanding that each dealership shall be permitted at least two such devices.

f.

Pole-mounted advertising devices may not project into or over the public right-of-way and may not be located so as to block reasonable vehicular or pedestrian visibility.

g.

Pole-mounted advertising devices may not exceed a maximum area of 80 square feet each and a maximum height of 30 feet as measured from grade.

4.

Special Weekend and Public Holiday Promotions. Auto dealerships may be permitted to display certain advertising signs and devices commencing at 12:00 noon Friday through 12:00 noon the following Monday, and from 8:00 a.m. through 9:00 p.m. on public holidays officially observed by the City, including the following:

a.

Banners of up to a maximum size of 50 square feet each and of no more than one per street frontage, except that larger banners may be approved on a case-by-case basis by the Planning Division if it can be demonstrated that the building size/length justifies a larger banner;

Balloons of no more than 36 inches in diameter, provided that no helium-filled balloons shall be displayed in such manner that is higher than 50 feet, measured from finished grade;

c.

Small antenna flags attached to the vehicles within the display lot.

5.

All signs not expressly permitted shall be prohibited in accordance with Section 11.72.120 of this chapter.

B.

Permitted Signs for Used Auto Dealerships.

1.

Freestanding Signs. Other provisions of sign regulation pertaining to commercial uses notwithstanding, each used auto dealership with a minimum 200-foot primary street frontage may be allowed one freestanding sign per parcel with a maximum height of 10 feet and a sign area not to exceed 60 square feet. For dealerships with less than 200 feet of primary street frontage, one freestanding sign not to exceed 8 feet in height and 50 square feet in area may be allowed per parcel or development.

2.

Building Signs. Building signs shall be permitted in accordance with Section 11.72.440 of this chapter.

3.

Temporary Sign Permits. Used auto dealerships may be permitted to display temporary signs and advertising devices in accordance with subsection (A)(3) of this section.

4.

Special Weekend and Public Holiday Promotions. Special weekend and public holiday promotions may be permitted in accordance with provisions under subsection (A)(4) of this section.

5.

All signs not expressly permitted shall be prohibited in accordance with Section 11.72.120 of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-7.703)

11.72.290 - Freeway-oriented signs.

For commercial or office developments with frontage abutting the I-10 Freeway within the City,

consideration may be given for additional freestanding and/or building signage in the following manner, subject to PPD approval by the Planning Commission, and provided that no sign shall be placed in such a manner that is inconsistent with any federal, State or local laws regulating freeway advertising.

Freestanding Sign.

1.

For commercial or office developments having a minimum of 5 acres in lot area and a minimum of 600 feet of freeway frontage, one freeway-oriented freestanding sign up to 250 square feet in sign area and 45 feet in height may be permitted if the development is regional in nature and if such sign is located at least 600 feet from another freeway-oriented freestanding sign on the same side of the Freeway. The Planning Commission may reduce the distance separation requirement if the applicant can demonstrate that a lesser distance would not adversely impair visibility or create hazardous conditions to freeway motorists.

2.

Sign panels shall be limited to identification of the center or complex and a maximum of six major tenants occupying a minimum floor area of 30,000 square feet each. Tenants with lesser floor area but which are nationally recognized may be allowed, subject to City approval.

3.

For development located within an adopted specific plan area, other design criteria, requirements and limitations for freeway-oriented signs shall also be complied with.

B.

Wall Signs. Individual channel letter wall signs and/or corporate logos may be permitted on the freewayoriented building elevation in the commercial or office zones, subject to the following limitations:

1.

Letter heights (maximum):

a.

Tenants with 20,000 square feet or more—36 inches,

b.

Tenants with 15,000 to 19,999 square feet—30 inches.

c.

Tenants with 12,000 to 14,999 square feet—24 inches;

d.

Tenants with 11,999 square feet or less—18 inches;

2.

Length of sign shall not exceed 60 percent of leasehold width;

3.

Only one freeway-oriented wall sign shall be permitted per tenant, regardless of size or exposure;

4.

Freeway-oriented wall signs shall not be permitted for tenants in buildings which do not back up to freeway frontage except as otherwise herein provided;

5.

Freeway-oriented wall signs may be permitted for tenants who have over 30,000 square feet in floor area in the same development or building which does not otherwise qualify for freeway signage, subject to the approval of the building owner and the City;

6.

For developments located within an adopted specific plan area, other design criteria, requirements and limitations for freeway-oriented signs shall also be complied with.

(Ord. 99-791 Exh. A (part); prior code § 9-7.704)

11.72.300 - Temporary on-site subdivision signs. ¶

Temporary on-site subdivision directional signs and flags, except those specifically exempt under Section 11.72.110(I) of this chapter, advertising residentially zoned real property which has been subdivided for the purpose of sale may be permitted, subject to the following limitations (nonresidential real estate signs shall be subjected to Section 11.72.110 and other provisions of this chapter):

A.

The property owner and developer involved shall first obtain a sign permit from the Community Development Department prior to installation.

B.

The construction of any such sign shall be in strict compliance with the provisions of this chapter and all other laws of the City.

C.

The signs shall be located on the premises which they advertise.

D.

One sign shall be permitted on each main street frontage of the property being subdivided for all phases of any residential subdivision, up to a maximum of three such signs.

E.

No sign shall exceed 96 square feet in area and 12 feet in height.

F.

Such signs shall be for the identification of a subdivision, price information, and the developer's name, address, and telephone number.

G.

A maximum of four flags up to 20 feet in height announcing the availability of tract homes for sale may be permitted for each major street entrance up to a maximum of 12 flags per subdivision. The flags shall not contain any advertising messages.

H.

Such signs shall be removed within 10 days from the date of the final sale of the land and/or residences or within 24 months, whichever comes first. Extensions of the 24-month time limit may be approved by the Director of Community Development in case of hardship, upon submittal of a written request prior to the expiration date.

I.

All signs and flags shall be maintained in good repair at all times.

J.

A refundable cash deposit pursuant to the fee schedule adopted by the City Council shall be made for each sign application. Such deposit shall be made at time of permit issuance, to ensure compliance with the provisions of this chapter and timely removal of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, the cost of such removal shall be deducted from the deposit.

(Ord. 99-791 Exh. A (part); prior code § 9-7.705)

11.72.310 - Temporary off-site subdivision signs. ¶

Temporary off-site subdivision directional signs, subject to a CUP, directing prospective purchasers to a subdivision having lots, houses or units for sale may be erected and maintained provided such signs do not create hazardous traffic conditions. Such sign shall be subject to the following limitations:

A.

The proposed subdivision or property for sale shall be located within the City or within the City's sphere of influence area.

B.

The property owner and developer involved shall first obtain a sign permit from the Community Development Department prior to installation.

C.

A sign may be placed on private property only with written consent of the property owner; such consent shall be filed with the Community Development Department prior to issuance of permit.

D.

The construction of any such sign shall be in strict compliance with the provisions of this chapter and all other laws of the City.

E.

No more than two off-site signs shall be permitted. A minimum distance of 600 feet shall be maintained from other on- or off-site signs advertising the same project.

F.

No sign shall exceed 120 square feet in area and 16 feet in height.

G.

Such signs shall be for the identification of a subdivision or project for sale, price information, the developer's name, address, and telephone number and directions to the project site.

H.

Such signs shall be removed within 10 days from the date of the final sale of the land and/or residence or within 24 months, whichever comes first. Extension of the 24-month time limit may be approved by the Director of Community Development in case of hardship upon submittal of a written request prior to the permit expiration date.

I.

All signs shall be maintained in good repair at all times.

J.

A refundable cash deposit pursuant to the fee schedule adopted by the City Council shall be made for each sign application. Such deposit sign shall be made at time of permit issuance to ensure compliance with this chapter and timely removal of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, the cost of such removal shall be deducted from the deposit.

(Ord. 99-791 Exh. A (part); prior code § 9-7.706)

11.72.315 - Temporary off-site subdivision directional kiosks. ¶

Temporary off-site subdivision directional kiosks (real estate directories) directing prospective purchasers to a housing subdivision or subdivisions having lots, houses, or units for sale may be erected and maintained on private property or in the public right-of-way by an association of builders or developers, provided such kiosks do not create hazardous traffic conditions as determined by the Public Works Director or City Engineer. Such kiosks shall be subject to the following limitations:

A.

The subdivision(s) identified for sale on individual display panels on a kiosk shall be limited to subdivisions located within City limits and subdivisions no more than one-half mile outside of City limits as measured from the subdivision to the nearest City boundary reference point.

B.

The association of builders or developers shall obtain a sign permit from the Community Development Department prior to installation. The design and location of a kiosk is subject to approval of the Community Development Department.

C.

A kiosk may be placed on private property with written consent of the property owner, and only after such written consent has been filed with the Community Development Department and a permit has been issued. Written consent provided by the property owner and approved by the Community Development Department cannot exceed 24-months in duration. As a condition of issuance of a permit, the permittee

shall provide proof of an indemnity agreement naming the property owner as additional insured or proof that the property owner has declined indemnification.

D.

A kiosk may be placed on public property within the parkway area of the public right-of-way, subject to the further issuance of an encroachment permit by the Public Works Director or City Engineer pursuant to Section 9.16.040. No kiosk shall be permitted in the median area of the public right-of-way. As a condition of issuance of an encroachment permit, the Public Works Director or City Engineer shall require execution of an indemnity agreement and a posting of proof of liability insurance naming the City as additional insured, in a form approved by the City Attorney.

E.

The construction of any such kiosk shall be in strict compliance with the provisions of this chapter and all other laws of the City including requirements necessary for permits and associated fees.

F.

No more than six kiosks shall be permitted on any arterial street within the City limits as defined by the City's General Plan. A minimum distance of 1,000 feet shall be maintained from other on- or off-site signs or kiosks advertising any of the same subdivision(s). The Community Development Department shall also establish distance restrictions from other on- or off-site signs to prevent visual blight.

G.

No kiosk shall: (1) display panels cumulatively exceeding forty square feet in area; (2) no kiosk shall exceed eight feet in overall height and five feet in overall width; and (3) the bottom edge of the lowest display panel shall not be lower than four feet above ground.

Kiosks shall be used only for the identification of subdivision(s) by name with an arrow for directional purposes. Such kiosks may also include the name of the builder or developer of each subdivision(s).

I.

Kiosks and/or individual display panels installed thereon shall be removed within 10 days from the date of the final lot, house, or unit sale of the subdivision(s) identified thereon, or within 24-months after issuance of the sign permit provided for in paragraph "B" of this Section, whichever comes first. Extension of the 24month time limit may be approved by the Community Development Department upon submittal of a written request by the permittee, or written consent of the property owner, prior to the sign permit expiration date, such extension not to exceed 6-months from the date of the sign permit expiration date.

J.

All kiosks shall be: (1) regularly updated to reflect subdivisions with lots, houses, or units still available for sale; and (2) maintained in good repair and free of graffiti at all times. The permittee shall repair any damage to public and/or private property, including repairs to irrigation systems, caused by installation, maintenance, or removal of the kiosk.

K.

Any installed kiosk which fails to comply with the provisions of this chapter and all other laws of the City, may, upon 48-hour notice to the permittee and the permittee's failure to correct the non-compliance within 7 calendar days, be deemed a public nuisance and may be removed by the City.

L.

A refundable cash deposit of $500.00 shall be required for each kiosk application. Such deposit shall be made at time of permit issuance to ensure compliance with this chapter and timely removal of such kiosk. The deposit shall be refunded to the permittee upon kiosk removal by the permittee and repair of any damage caused to public and/or private property, including repairs to irrigation systems, caused by removal of the kiosk. If the City removes any kiosk due to failure of the permittee to comply with provisions of this Chapter, or if City repairs any damage to public property resulting from permittee's failure to repair damage caused by installation, maintenance, or removal of the kiosk, the deposit provided for herein shall be forfeited in its entirety.

(Ord. No. 17-966, § 1, 4-3-17)

11.72.320 - Other off-site directional signs. ¶

Other off-site signs, utilized to direct pedestrians or motorists to certain locations with simple directions such as places of assembly, civic functions, public parks, park-and-ride lots, transit stations, business districts and other public or quasi-public facilities in any zones may be permitted, subject to the approval of the Director of Community Development.

A.

Such signs shall not exceed 4 square feet in area nor 8 feet in height.

B.

A maximum of four such signs may be permitted for each destination provided they are located at least 600 feet apart, unless a lesser distance is approved by the Director of Community Development upon making the finding that the reduction in distance separation would not adversely impair visibility or create a hazardous condition to the public.

C.

Signs may be placed on private property only with prior written consent from the property owner; such consent shall be filed with the Community Development Department.

D.

Signs may be placed on public rights-of-way or public property only with prior written approval from the City Engineer.

E.

A maximum of two such signs may be permitted for each street corner. The Director of Community Development may require the two signs to share one common sign post.

(Ord. 99-791 Exh. A (part); prior code § 9-7.707)

11.72.330 - Announcement or bulletin board signs.

A.

Churches, schools, and other public and institutional uses may maintain a freestanding announcement or bulletin board sign not to exceed 8 feet in height or 50 square feet in sign area within a landscaped planter subject to PPD review and approval by the Director of Community Development.

B.

Commercial entertainment uses, such as movie theaters, playhouses, bowling alleys or skating rinks, may be granted an announcement or bulletin board sign, subject to size and height limitation of the zoning district on which the property is located and subject to PPD review and approval by the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-7.708)

11.72.340 - Window signs. ¶

A.

No sign placed in or upon the window of any structure utilized for nonresidential purposes shall be placed so as to obscure visibility of the transparent area of any window, except in the following manner:

1.

For uses in A-P, C-2, C-3, M-I-P, M-1 or M-2 Zones, up to a maximum 25 percent of the total window area;

2.

C.

A combination of generic names and graphic symbols may be used; however, the total combined sign area shall not exceed 8 square feet. The maximum window sign coverage per Section 11.72.340 of this chapter shall apply to all interior neon signs if they are located within 3 feet from the window panes.

(Prior code § 9-7.711)

11.72.370 - Electronic message center displays. ¶

Electronic message centers (EMCs) are programmable digital signs or message boards that utilize computer-generated messages, text and/or images, or some other means of changing copy. EMCs shall be allowed in specific locations and subject to the criteria set forth in this section, subject to approval of a conditional use permit (CUP) by the Planning Commission. The criteria in this section shall be for freestanding EMCs. Building- and wall-mounted EMCs are prohibited.

A.

Locational Criteria. EMCs shall be permitted on developed parcels within the City with a legally established land use and/or business, subject to the following locational criteria:

1.

Non-Freeway-Oriented Signs. Non-freeway-oriented EMCs are subject to the following restrictions:

a.

Shall be located on parcels having a minimum of 200 feet of lineal frontage on any of the following public arterial streets: Holt Boulevard, Mission Boulevard, Central Avenue, and Monte Vista Avenue; and

b.

Shall be located on a parcel or adjoining parcels under common use and/or ownership cumulatively totaling a minimum of three acres. If a parcel, or adjoining parcels, is being leased, the lease must have a minimum of five or more years remaining on the term of the lease, calculated from the date a complete application is received by the City, and as evidenced by a copy of an executed lease agreement; and

c.

Shall not be located within 200 lineal feet of any other permitted EMC, or within 50 lineal feet of any existing freestanding identification (monument) sign located on a separate parcel which is not associated with the subject site.

2.

Freeway-Oriented Signs. Freeway-oriented EMCs are subject to the following restrictions:

a.

Shall be located on parcels, commercial businesses, regional centers, auto centers, or contiguous shopping centers occupying a minimum of seven acres with a minimum of 700 lineal feet of continuous frontage along the Interstate 10 right-of-way; and

b.

c.

Shall not be located within 1,200 lineal feet of any other permitted EMC; and

d.

Shall be located within 50 feet of the freeway right-of-way line of Interstate 10.

3.

EMCs on City-Owned Property. The City may construct and maintain civic signs for community entrance, identification, direction, and information, which are located on City-owned property or off premises in the public right-of-way, including but not limited to electronic, digital, programmable, and/or illuminated signs.

B.

EMC Structure Height and Display Size Limits.

1.

Non-freeway-Oriented EMCs shall be subject to the following maximum dimensions/limits:

a.

Maximum height: 14 feet above adjacent finished grade or adjacent sidewalk elevation.

b.

Maximum area of EMC display: 60 square feet.

2.

Freeway-oriented EMCs shall be subject to the following maximum dimensions/limits:

a.

Maximum height: 65 feet above adjacent finished grade for the structure to which an EMC is attached. In addition, the top of the EMC display screen shall be a maximum of 50 feet above adjacent finished grade to ensure safe readability to motorists on Interstate 10.

b.

Maximum area of EMC display: 260 square feet.

The height and EMC display size limits are summarized in the following table:

EMC Structure Height and Display Size Limits

Location/Type	Number of EMCs	EMC Display	Structure Height*
Non-Freeway-Oriented	1	60 s.f. max.	14'-0" max.
Freeway-Oriented	1	260 s.f. max.	65'-0" max.
*Measured from adjacent fnished grade or adjacent fnished sidewalk or roadway.

C.

Illumination and Display Requirements.

1.

Maximum Illumination. No EMC sign display shall exceed a maximum illumination level of 0.3 foot-candles (fc) above ambient light level when measured at the recommended distance, based on the EMC size. All signs shall be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to continually comply with this requirement. If brightness levels exceed the above standard, an adjustment shall be made within one (1) business day upon notice of non-compliance from the City, or the sign shall be immediately turned off until the adjustment is completed.

a.

Pixel Pitch (Resolution). All EMC display components shall be full color with a minimum pitch resolution of 20-millimeter spacing or better.

b.

Pixel Calibration. Pixel-to-pixel, module-to-module pixel calibration.

2.

Measurement Criteria. The illuminance of an EMC shall be measured with an illuminance meter set to measure foot-candles accurate to at least two decimals. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image. Measurements shall be taken after sunset with the site fully illuminated by installed site lighting. All measurements shall be taken perpendicular to the face of the EMC at the distance determined by the total area of the EMC display as set forth in the table below:

EMC Sign Area (square feet)	Distance (feet)	EMC Sign Area (square feet)	Distance (feet)	EMC Sign Area (square feet)	Distance (feet)
10	32	65	81	140	118
---	---	---	---	---	---
15	39	70	84	150	122
20	45	75	87	160	126
25	50	80	89	170	130
30	55	85	92	180	134
35	59	90	95	190	138
40	63	95	97	200	141
45	67	100	100	220	148
50	71	110	105	240	155
55	74	120	110	260	161
60	77	130	114	—	—

a.

Illumination Limits. The difference between the "off" and "solid white" image measurements using the EMC measurement criteria shall not exceed 0.3 foot-candles on either side of the sign. If the measurement of illumination levels on each side of the sign is different, the side of the sign facing residentially-zoned properties shall take precedent.

b.

Dimming Capabilities. All EMC displays shall be equipped with a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim the EMC display according to ambient light conditions, or that can be continuously adjusted to comply with the 0.3 foot-candle measurements.

c.

Initial Certification. At least one week prior to initial operation of the EMC, the applicant shall submit written documentation from the manufacturer of the sign to certify to the City that the EMC is properly equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to continually comply with the brightness levels specified in this ordinance.

D.

Architectural and Siting Standards. All EMCs shall be subject to the following standards:

1.

Design. The EMC shall be designed to complement the design of the primary building on the property, including colors and materials. The design of the EMC shall include the following elements:

A full/solid base structure (with no exposed poles or supports) extending the full width of the EMC; and

b.

A display screen framed by no less than six inches on all sides; and

c.

A minimum clearance of four feet between the bottom edge of the display screen and adjacent finished grade.

d.

Except for the name of the center or the primary business, no other individual sign faces of other businesses or entities shall be attached to the EMC structure.

2.

City Identification Required. Freeway-Oriented EMCs shall incorporate and identify the "City of Montclair" as a permanent element in the overall design of the structure supporting the EMC display.

3.

Street Address Required. Non-freeway-oriented EMCs shall display the numerical street address of the property/business in a location on the support structure. Numerical characters shall be individual, internally or halo-illuminated characters attached to, or routed into, the base and no less than eight inches in height. Numerals shall be permanently affixed to or displayed on the support structure a minimum of 24 inches above finished grade.

4.

Setbacks. EMCs located on private property shall observe the following setback requirements:

a.

A minimum of five feet from the adjacent public right-of-way or private street sidewalk. Where no sidewalk exists, no portion of the EMC display or associated support structure shall be closer than ten feet from the adjacent curb face; and

b.

A minimum of ten feet from side property line of adjacent property; and

c.

A minimum of 25 lineal feet away from any vehicular driveway; and

d.

A minimum of 10 lineal feet away from any pedestrian path-of-travel from the public sidewalk to any building on the subject property or adjacent property.

5.

Line of Sight. All EMCs shall be sited on the subject parcel in a location offering optimal visibility to motorists and shall not be located in such a manner to obstruct the sight lines of motorists or pedestrians entering or leaving the subject property or adjacent properties. Further, EMCs located at an intersection shall be sited outside of the required corner cut-off area as set forth in Chapter 11.38 of this title.

6.

EMC Display Orientation. EMCs may be single-faced or double-faced. Double-faced EMCs shall be oriented perpendicular to Interstate 10 or the street to which they are adjacent, or, if located at an intersection of two streets, shall be oriented diagonally (perpendicular to the adjacent radius of the intersection) so as to be easily visible to motorists on the street segments adjacent to the property. Singlefaced EMCs may only be installed at an intersection of two streets or at the end of a cul-de-sac. Singlefaced EMCs at an intersection shall be oriented diagonally (generally parallel with the adjacent radius of the intersection) so as to be easily visible to motorists on the street segments distant from the property and so that the back side of the sign is not directly visible to a public right-of-way.

7.

Landscaping. EMCs shall be placed within a landscaped area to provide sufficient protection from unintentional damage by vehicles on the property. Landscape material shall not obstruct the EMC display, business identification sign, and/or numerical address at the time of landscape installation or at maturity. It is further recommended that non-living landscape materials, such as decomposed granite, gravel, mulch, or the like, be used in lieu of live plant materials for a distance extending 24 inches around the base of the monument structure.

8.

Durability. All EMC displays shall be silicone-sealed for adequate weather protection, shall have integral protective louvers (injection molded or aluminum) to ensure optimal daytime visibility and minimize vandalism, and carry a minimum five-year warranty from the manufacturer. Detailed plans demonstrating compliance with said construction standards and evidence of said warranty shall be submitted at the time of plan check prior to issuance of building permits.

9.

Maximum Number. No more than one EMC shall be permitted per qualifying parcel, including parcels with multiple street frontages. Parcels with an EMC shall not be entitled to a monument sign on the same street frontage to identify the name(s) of the business(es) on the property. Any existing pylon or monument sign on a qualified site and on the same street frontage as a proposed EMC, which would be in conflict with the requirement of this section, shall be required to be permanently removed as a condition of approval.

10.

Compliance with Regulations. All EMCs shall comply with all regulations related to electronic displays imposed by federal and state agencies.

E. EMC Operational Standards.

1.

Digital images shall contain static messages only. Scrolling or flashing messages are prohibited.

2.

EMCs shall display each static message for a minimum of four seconds.

3.

The only permissible transitions between static messages shall be a "cut" (an instant change from one image to the next) or a "dissolve" or "crossfade" (gradual fade from one image to the next).

4.

EMCs shall display a single message at any one time. Split screens shall not be permitted.

5.

Hours of Operation. No restrictions on the hours of operation for approved freeway oriented EMC displays. For non-freeway-oriented signs, hours of operation shall be determined by the Planning Commission on a case by case basis depending on the size of the EMC, the proposed location, and proximity of the EMC to residential properties or other sensitive land uses.

6.

Representatives of the Community Development Department shall have the right to inspect the EMC on a periodic basis to ensure that it is operating in compliance with this section.

7.

Subject to the property 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, unless otherwise prohibited by law.

F.

EMC Maintenance Standards.

1.

Paint and other finishes on the EMC display and support structure shall be maintained in good condition. Damaged or substandard finishes shall be repaired within 14 days of notification by the City.

2.

Mineral deposits and stains shall be removed on a regular basis. Vandalism, graffiti, or damaged surfaces shall be repaired immediately. All repairs shall demonstrate high quality workmanship (e.g., straight, level, plumb, square, etc., as the situation requires) and restore the exterior materials and finishes of the EMC or EMC structure to its original appearance, subject to approval of the Community Development Director.

3.

The owner of the EMC shall maintain an ongoing written maintenance agreement with a qualified licensed sign maintenance contractor. The Community Development Department shall be provided documentation of such an agreement upon request.

G.

Malfunction. EMC signs shall be designed and equipped to immediately discontinue the display of images or text if sign malfunctions. If, at any time more than 25 percent of the digital display lights malfunction or are no longer working, the owner of an EMC shall turn off the display until repairs are made. The owner of an EMC sign shall provide to the City of Montclair, the name and number of a contact person that is on call at all times and who is able to turn off the digital sign promptly if a malfunction occurs.

H.

Enforcement/Penalties. Noncompliance with any of the provisions of this section or the conditions of approval of an EMC shall be grounds for revocation of any issued conditional use permit as provided in Section 11.78.100(A). Prior to initiating revocation proceedings, the City shall provide written notice of such violation(s) to the owner of the EMC and a reasonable timeframe, not to exceed 30 days from the date of written notice, to cure the noncompliant conditions.

ection or the conditions of approval of an EMC shall be grounds for revocation of any issued conditional use permit as provided in Section 11.78.100(A). Prior to initiating revocation proceedings, the City shall provide written notice of such violation(s) to the owner of the EMC and a reasonable timeframe, not to exceed 30 days from the date of written notice, to cure the noncompliant conditions.

Any person or entity violating or failing to comply with any of the requirements of this chapter shall be guilty of a violation pursuant to Chapter 1.12 of this Code.

(Ord. No. 16-957, § 2, 10-17-16)

Editor's note— Ord. No. 16-957, § 2, adopted October 17, 2016, repealed the former § 11.72.370, and enacted a new § 11.72.370 as set out herein. The former § 11.72.370 pertained to electronic message board sign and derived from prior code § 9-7.712 and Ord. No. 99-791.

11.72.380 - Political signs. ¶

A.

Intent. The intent and objective in establishing the regulation of political signs is to identify the compatibility between the utilization of political signs and the protection of the right to privacy of individuals and the quiet and undisturbed enjoyment of property.

It is recognized that there have been abuses in the placement of political signs within the City, including trespassing upon private property; placement without permission from the property owner; placement in such a fashion as to make it difficult to remove them; littering caused by dislodged political signs; sight distance hazards to traffic because of size and location; distracting appearance; aesthetically displeasing

impact; unnecessary proliferation; and other reasons, all of which are determined to be contrary to the best interests of the community and in opposition to the public health, safety and welfare.

The reasonable regulation of political signs will obviate many of the objections that have been raised to the unregulated placement of such signs.

It is recognized that, to the extent that placement of political signs is not contrary to the intent and purpose stated in this subsection, it is in the best interests of the City and its inhabitants to allow political expression, and for that reason, it is best to avoid the total prohibition of such signs.

The responsibility for the placement of political signs should lie with the candidate for public office, the proponents and opponents of ballot issues, and the various committees connected therewith. It is recognized that political signs are printed by or at the direction of such persons and committees, and the ultimate responsibility for the distribution of such signs and where they are placed lies with them.

B.

Placement and Installation. The placement of political signs in the City shall, in all respects, comply with the following:

1.

Prior to the placement of any political sign within the City, the candidate for public office, the proponents or opponents of ballot issues, or the various committees connected therewith shall file with the Community Development Department an application for the posting of such signs and shall agree, in writing, to the voluntary removal of all such signs within 10 calendar days from the conclusion of the election and shall reimburse the City for all costs associated with the removal, storage and/or destruction of such signs.

2.

No political sign shall be installed or displayed sooner than 60 days preceding the election for which the permit has been issued.

3.

No political sign shall exceed 8 square feet in total area, except that a double-faced sign, not exceeding 8 square feet on each side, shall be permitted.

4.

No political sign shall exceed an overall height of 4 feet, except if such sign shall be within an enclosed building or structure.

5.

No candidate for public office, proponent, opponent of ballot issues, and/or the various committees connected therewith shall have more than one political sign per parcel.

No political sign shall be lighted, either directly or indirectly.

7.

No political sign shall be placed without the permission of the property owner. In the case of vacant property, permission shall be obtained from the property owner, and the candidate for public office, proponent or opponent of ballot issues, and/or the various committees connected therewith shall affix to the rear of such political sign a copy of a declaration of having the property owner's permission, including the name and address of the property owner. Such declaration shall be provided on forms supplied by the City and shall be signed by the candidate for public office, proponent or opponent of ballot issues, or the designated representatives of same.

8.

No political sign shall be placed or affixed to a tree, fence, post, utility pole, equipment, nor any structure by any means.

9.

No political sign shall be posted on any public property or in the public right-of-way.

10.

All political signs shall be properly maintained and kept in good repair at all times.

11.

All political signs shall be removed within 10 days after the date of the election.

12.

No political sign shall be posted in violation of any other provision of this Code.

C.

The City Manager shall have the right to remove all signs placed contrary to the provisions of this section.

(Ord. 99-791 Exh. A (part); prior code § 9-7.713)

11.72.390 - Billboards. ¶

A.

Minimum Standards. Billboards as defined within this title are subject to a CUP and shall comply with the provisions for off-site signs as follows:

1.

The sign shall not exceed 120 square feet in area in any case, and such area may be reduced to any amount by the Planning Commission when it is evident a sign lesser in area would be more compatible to a given locality;

2.

Visual clearance of 6 feet shall be provided under such sign, and the total height of such sign shall not exceed 16 feet above the ground level;

3.

All signs shall be set back so as to comply with the setback regulations for the zone in which the signs are located;

4.

All lighted signs shall be so controlled as not to permit the light used therein to be directed on the public right-of-way or adjacent property;

5.

No such sign shall be so placed as to be viewed primarily from any freeway within the City;

6.

Minimum distance between any proposed and existing billboard shall be 1000 feet;

7.

Reconstruction or alteration of any billboard which does not conform to the provisions of this chapter shall be prohibited;

8.

Permitted zones for billboard erection include: M-1 (Limited Manufacturing) and M-2 (General Manufacturing); and

9.

There shall be a maximum of one freestanding sign, including billboard, per legal parcel.

B.

Any billboard which is lawfully existing and maintained on August 1, 1985, within an area shown as agricultural or residential within the adopted general plan and/or general zoning map shall be allowed to remain in existence for the period of time set below, following the enactment of this section on August 1, 1985:

1985:
Fair Market Value on Date of Notice of Removal Requirement	Minimum Years Allowed
Under $1,999	2
$2,000 to $3,	3
$4,000 to $5,999	4
---	---
$6,000 to $7,999	5
$8,000 to $9,999	6
$10,000 and over	7

C.

Any billboard located in any territory annexed to the City shall comply with the provisions of this section. The period within which such billboard shall be removed shall commence upon the effective date of annexation.

(Ord. 99-791 Exh. A (part); prior code § 9-7.714)

11.72.400 - Signs for the sale of motor vehicle fuels.

A.

Every person, firm, co-partnership, association or corporation offering for sale or selling any gasoline or other motor vehicle fuel to the public from any place of business in the City shall post or display a sign which is clearly visible from any street or highway adjacent to such place of business and which indicates the actual price per gallon, including all taxes, at which the grades of gasoline or other motor vehicle fuel are currently being offered for sale or sold.

B.

No person, firm, co-partnership, association or corporation shall advertise, either in connection with the sign required by the provisions of subsection A of this section or otherwise, any grade of gasoline or other motor vehicle fuel which is not immediately available for sale to the public on the business premises.

C.

Any sign posted or displayed pursuant to the provisions of this section shall not be inconsistent with the provisions of Article 8 of Chapter 7 of Division 8 (Sections 20880, et seq.) of the Business and Professions Code of the State and shall be in compliance with the provisions of this Code regulating the size and construction of signs.

D.

All signs placed on property designed for service stations shall be in accordance with all the provisions set forth in Section 11.70.140 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-7.715)

11.72.410 - Signs for drive-in business. ¶

In addition to all the provisions of this chapter, sign regulations for drive-in business shall conform to the provisions of Section 11.50.070 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-7.716)

11.72.420 - Permitted signs in residential zones. ¶

A.

Single-Family and Duplex Residential Districts. Permitted signs in single-family and duplex residential districts include:

1.

One nameplate not exceeding 1 square foot indicating the name and/or address of the occupant;

2.

One real estate sign for the selling, renting or leasing of property, such sign not to exceed 4 square feet in area, or 5 feet in height, provided that it is unlit and is removed within 10 days after the close of escrow or the rental or lease has been accomplished;

3.

For planned residential developments where 10 or more lots or homes are involved, the Planning

Commission has the option of approving one neighborhood identification sign per major street frontage or project entry of no more than 20 square feet and no more than 5 feet in height;

4.

One temporary yard or garage sale sign per street frontage, not exceeding 4 square feet in area and 5 feet in height, may be allowed on the same property for which a permit has been issued to conduct such event, advertising the sale of noncommercial, generally used household items or crops which are grown on the same premises. The display of such sign shall run currently with the effective date of the permit. Such sign shall not be placed on nor attached to any public property, within a public right-of-way, or in any way attached to any utility poles, structures, or street trees; and

5.

All signs not expressly permitted shall be prohibited, including but not limited to those listed under Section 11.72.120 of this chapter.

B.

Multiple-Family Residential (R-3) Districts.

1.

Permitted signs:

One lighted or unlighted wall sign for the purpose of identification which contains the name and/or address of the apartment or planned residential development only;

b.

One lighted or unlighted monument sign for the purpose of identification which contains the name and/or address of the development only. All monument signs shall be located within a landscaped area having dimensions at least the same area of the sign. Freestanding signs shall be located at least 15 feet from the curb face;

c.

One lighted or unlighted sign for each street frontage not exceeding 6 square feet to advertise the lease, rental or sale of the property;

d.

One nameplate not exceeding 1 square foot for each dwelling unit, indicating the name and/or address of the occupant;

e.

Developments with frontage on more than one street may be permitted one additional wall sign and/or one additional monument sign within the allowable sign area based on the applicable lot frontage;

f.

One tenant/unit directory sign, not to exceed 20 square feet, may be permitted for each street frontage; and

g.

Temporary yard or garage sale signs in accordance with subsection (A)(4) of this section.

2.

Aggregate Area of Signs Permitted. The maximum combined area of the signs defined in subsection (B)(1) (a) and (b) of this section shall not exceed the following:

a.

Less than 100 feet of frontage, 20 square feet;

b.

100 to 150 feet of frontage, 30 square feet; and

c.

Over 150 feet of frontage, 40 square feet.

Permitted Height. Monument signs shall have a maximum height of 5 feet inclusive of supporting structures.

4.

Prohibited Signs. All signs not expressly permitted shall be prohibited, including but not limited to those listed in Section 11.72.120 of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-7.717)

11.72.430 - Permitted signs in Administrative Professional (AP) Zone.

Permitted signs:

1.

One wall sign per primary street frontage, up to 60 percent of the length of the building fascia, consisting of individual channel letters and/or corporate logos of proportional scale and size to the building mass indicating the address and/or name of the building, occupant, or principal uses to which the building is being put;

2.

One monument sign per street frontage, located within a landscaped planter, subject to the following limitations (maximum signs area and height):

a.

Frontage of 199 feet or less, 24 square feet/5 feet high,

b.

Frontage of 200 to 399 feet, 36 square feet/7 feet high,

c.

Frontage of 400 feet or more, 48 square feet/8 feet high;

One unlit sign not exceeding 24 square feet to advertise the lease, rent or sale of the premises;

4.

One nameplate not exceeding 1 square foot indicating the name, address and/or business of each occupant, located at or near the main building entrance;

5.

A master sign program shall be provided for multiple-use complexes which specifies the letter styles and sizes, colors, illumination, materials, construction method, logos or corporate symbols and location of each

tenant's sign;

6.

Window signs which conform to the provisions of Section 11.72.340 of this chapter.

B.

Aggregate Area of Signs Permitted. The maximum total area of the signs defined in subsection (A)(1) of this section shall not exceed 1 square foot for each 2 linear feet of primary lot frontage, up to a maximum of 150 square feet.

C.

Prohibited Signs. All signs not expressly permitted shall be prohibited, including but not limited to those listed in Section 11.72.120 of this chapter.

D.

Freeway-Oriented Signs. For development with freeway frontage, provisions for freeway-oriented signage under Section 11.72.290 of this chapter shall apply.

E.

Limitations to Signs. In reviewing any sign proposal through the PPD process, the Planning Commission shall have the discretion of limiting the number of monument or freestanding signs on any parcel or development to no more than one. In the case of a reduced setback to a freestanding building, the Planning Commission shall have the discretion of not granting any monument or freestanding sign to any such parcel or development. In making such determination, the Planning Commission shall find that such limitation would serve the architectural integrity of the development and that other signing on the same development or the building or site design itself adequately provides the necessary public identification.

F.

Administrative Review. For a monument or wall sign not exceeding 50 square feet in sign area, the plan shall be reviewed by the Director of Community Development in accordance with provisions under Section 11.72.060(B) of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-7.718)

11.72.440 - Permitted signs in commercial zones.

A.

For businesses not within a shopping center:

1.

One wall sign on each building elevation fronting on a main street or main public entry, up to 60 percent of the length of the building fascia. Up to a maximum of 150 square feet in sign area may be permitted.

Individual channel letters shall be required. The height of letters shall be in proportion and scale to the building mass in accordance with the design standards specified in Article III of this chapter;

2.

One monument sign per street frontage, located within a landscaped planter, subject to the following limitations:

a.

Monument signs up to 24 square feet in sign area and 6 feet in height may be allowed if the property has a frontage of 75 feet or less along the main street,

b.

Monument signs up to 48 square feet in sign area and 8 feet in height may be allowed if the property has a frontage of more than 75 feet and up to 200 feet along the main street,

c.

Monument signs up to 60 square feet in sign area and 10 feet in height may be allowed if the property has a frontage of more than 200 feet along the main street;

3.

The maximum aggregate sign area permitted under subsections (A)(1) and (2) of this section shall not exceed 1 square foot per linear foot of primary street frontage;

4.

In reviewing any sign proposal through the Precise Plan of Design process, the Planning Commission shall have the discretion of limiting the number of monument or freestanding signs on any parcel or development to no more than one. In the case of a reduced setback to a freestanding building, the Planning Commission shall have the discretion of not granting any monument or freestanding sign to such parcel or development. In making such determination, the Planning Commission shall find that such limitation would serve the architectural integrity of the development and that other signing on the same development or the building or site design itself adequately provides the necessary public identification;

5.

For monument or wall signs not exceeding 50 square feet in sign area, the plan shall be reviewed by the Director of Community Development in accordance with the provisions in Section 11.72.060(B) of this chapter.

B.

For a multitenant shopping center:

Master sign program shall be provided to include:

a.

Specifications for location and allowable area for individual tenant signs or exhibits on the building,

b.

Specifications for letter styles, dimensions, colors, materials, construction method, logo or corporate symbol provisions,

c.

Design, size and location of the multiuse center or complex identification sign. If a multiuse identification sign is to include tenant identification, then criteria as to the method of tenant qualification, colors, design standards, etc., shall be provided,

d.

Method of tenant sign approval which shall include provisions for landlord approval prior to City approval of such sign;

2.

One building sign for each elevation fronting on a major street or main entry, up to 60 percent of the length of the building fascia or leasehold, whichever is less;

3.

Individual illuminated channel letters are encouraged for all wall signs. The height of the letters shall be in proportion and scale to the building fascia and size subject to Planning Commission review and approval;

4.

One monument sign per street frontage, not to exceed two per development, provided that they are located at least 200 feet apart and are located on different frontages. The Planning Commission shall have the discretion, however, of consolidating the two monument signs entitled to by corner parcel onto one street frontage, upon making the finding that such action would not adversely impair visibility or create a hazardous condition to pedestrians or motorists. The maximum allowable sign dimension for each sign is as follows:

a.

For a center with a major street frontage of 75 feet or less, 24 square feet in area and 6 feet in height,

b.

For a center with a major street frontage of 76 feet to 200 feet, 48 square feet in area and 8 feet in height,

c.

For a center with a major street frontage of 201 feet or more, 60 square feet in area and 10 feet in height;

5.

The maximum aggregate sign area permitted under subsections (B)(2) and (4) of this section shall not exceed 1.5 square feet per linear foot of primary street frontage;

6.

The sign area of the monument sign shall be limited to the identification of the center, the street address and/or major tenants only;

7.

The sign program shall be designed in accordance with the design standards as specified under Article III of this chapter;

8.

In reviewing any sign proposal through the PPD process, the Planning Commission shall have the discretion of limiting the number of monument or freestanding signs on any parcel or development to no more than one. In the case of a reduced setback to a freestanding building, the Planning Commission shall have the discretion of not granting any monument or freestanding sign to such parcel or development. In making such determination, the Planning Commission shall find that such limitation would serve the

architectural integrity of the development and that other signing on the same development or the building or site design itself adequately provides the necessary public identification;

C.

One unlighted sign per business not to exceed 2 square feet shall be placed on the rear of the building for service and delivery identification;

D.

One on-site directional sign per drive approach not to exceed 6 square feet in area and 4 feet in height;

E.

Window signs which conform to the provisions of Section 11.72.340 of this chapter;

F.

All other signs that are not exempt from sign permit review but are not prohibited by this chapter shall be reviewed by the Planning Commission for conformance with the provisions of this chapter;

G.

For commercial development with freeway frontage, the provisions for freeway-oriented signage under Section 11.72.290 of this chapter shall apply.

(Ord. 06-871 § 9 (part); Ord. 99-791 Exh. A (part); prior code § 9-7.719)

11.72.450 - Permitted signs in Manufacturing Industrial Park (MIP), Limited Manufacturing (M-1) and General Manufacturing (M-2) Zones.

A.

For single-tenant occupancy:

1.

One wall sign on each building elevation fronting on a main street up to 40 percent of the length of the building fascia. A maximum of 50 square feet per sign may be permitted;

2.

One monument sign per street frontage, located within a landscaped planter, subject to the following limitations:

a.

Monument signs up to 24 square feet in sign area and 6 feet in height may be allowed if the property has a frontage along the main street of 150 feet or less,

b.

Monument signs up to 48 square feet in sign area and 8 feet in height may be allowed if the property has a frontage along the main street of 151 feet or more;

3.

The maximum aggregate sign area under subsections (A)(1) and (2) of this section shall not exceed 1 square foot per each 2 linear feet of primary street frontage;

4.

In reviewing any sign proposal through the PPD process, the Planning Commission shall have the discretion of limiting the number of monument or freestanding signs on any parcel or development to no more than one. In the case of a reduced setback to a freestanding building, the Planning Commission shall have the discretion of not granting any monument or freestanding sign to such parcel or development. In making such determination, the Commission shall find that such limitation would serve the architectural integrity of the development and that other signing on the same development or the building or site design itself adequately provides the necessary public identification.

B.

For a multitenant complex:

1.

A master sign program shall be provided to include:

Specifications for location and allowable area for individual tenant signs or exhibits on the buildings,

b.

Specifications for letter styles, dimensions, colors, materials, construction method, logo or corporate symbol provisions,

c.

Design size, and location of the multiuse center or complex identification sign. If a multiuse identification sign is to include tenant identification, the criteria as to the method of tenant qualifications, colors, design standards, etc., shall be provided, and

d.

Method of tenant sign approval which shall include provisions for landlord approval prior to City approval of such sign;

2.

One building sign for each elevation fronting on a major street, up to 40 percent of the length of the building fascia or leasehold, whichever is lesser. Maximum height of the wall sign shall be 24 inches;

3.

One building sign for each building which does not front on a major street, up to 40 percent of the length of the building fascia or leasehold, whichever is lesser. Maximum height of the sign shall be 18 inches;

4.

One monument sign per street frontage, not to exceed two per development, provided they are located at least 300 feet apart and are located different frontages. The Planning Commission shall have the discretion, however, of permitting the two monument signs that are allowed on a corner parcel to be located on one street frontage upon making the finding that such action would not adversely impair visibility or create a hazardous condition to pedestrians or motorists. The maximum allowable sign area and height for each sign is as follows:

a.

For complexes with a street frontage of 150 feet or less, 24 square feet in area and 6 feet in height,

b.

For complexes with a street frontage of 151 to 450 feet, 48 square feet in area and 8 feet in height,

c.

For complexes with a street frontage of 451 feet or more, 60 square feet in area and 10 feet in height;

5.

The monument sign area shall be limited to the identification of the business park complex, the street address and no more than two tenants;

6.

In reviewing any sign proposal through the PPD process, the Planning Commission shall have the discretion of limiting the number of monument or freestanding signs on any parcel or development to no more than one. In the case of a reduced setback to a freestanding building, the Planning Commission shall have the discretion of not granting any monument or freestanding sign to such parcel or development. In making such determination, the Commission shall find that such limitation would serve the architectural integrity of the development and that other signing on the same development or the building or site design itself adequately provides the necessary public identification;

7.

The sign program shall be designed in accordance with the design standards as specified under Article III of this chapter;

C.

One unlighted sign per business not to exceed 2 square feet shall be placed on the rear of the building for service and delivery identification;

D.

One on-site directional sign per drive approach not to exceed 6 square feet in area and 4 feet in height;

E.

Window signs which conform to the provisions of Section 11.72.340 of this chapter;

F.

All other signs that are not exempt from sign permit review but are not prohibited by this chapter shall be reviewed by the Planning Commission for conformance with the provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-7.720)

EMC Sign Area (square feet)	Distance (feet)	EMC Sign Area (square feet)	Distance (feet)	EMC Sign Area (square feet)	Distance (feet)
10	32	65	81	140	118
---	---	---	---	---	---
15	39	70	84	150	122
20	45	75	87	160	126
25	50	80	89	170	130
30	55	85	92	180	134
35	59	90	95	190	138
40	63	95	97	200	141
45	67	100	100	220	148
50	71	110	105	240	155
55	74	120	110	260	161
60	77	130	114	—	—

EMC Sign Area (square feet)	Distance (feet)	EMC Sign Area (square feet)	Distance (feet)	EMC Sign Area (square feet)	Distance (feet)
10	32	65	81	140	118
---	---	---	---	---	---
15	39	70	84	150	122
20	45	75	87	160	126
25	50	80	89	170	130
30	55	85	92	180	134
35	59	90	95	190	138
40	63	95	97	200	141
45	67	100	100	220	148
50	71	110	105	240	155
55	74	120	110	260	161
60	77	130	114	—	—

EMC Sign Area (square feet)	Distance (feet)	EMC Sign Area (square feet)	Distance (feet)	EMC Sign Area (square feet)	Distance (feet)
10	32	65	81	140	118
---	---	---	---	---	---
15	39	70	84	150	122
20	45	75	87	160	126
25	50	80	89	170	130
30	55	85	92	180	134
35	59	90	95	190	138
40	63	95	97	200	141
45	67	100	100	220	148
50	71	110	105	240	155
55	74	120	110	260	161
60	77	130	114	—	—