§ 17.104

The following limitations shall apply in all zones, within one thousand (1,000) feet of the centerline of every rapid transit route, after the date of official determination thereof and except where the route is underground. The distance shall be measured perpendicularly from said centerline, i.e., at right angles to said centerline. These provisions shall not prohibit a sign identifying an on-premises business or naming the product manufactured thereon, except to the extent of requiring design review approval.

A.

Design Review for Certain New or Altered Signs the Advertising Material of Which Is Primarily Viewable from the Transit Route.

1.

No sign the advertising material of which is or has become primarily viewable by the passengers on the transit route shall be constructed, established, reoriented, changed as to illumination, or otherwise altered or painted a new color unless plans for such Sign have been approved pursuant to the regular design review procedure in Chapter 17.136.

2.

The Director of City Planning shall determine which signs are or have become primarily viewable by the passengers on the transit route, subject to appeal pursuant to the administrative appeal procedure in Chapter 17.132.

B.

Removal of Nonconforming Existing Signs. See Section 17.114.150.

(Ord. No. 13302, § 5(Exh. C), 4-21-2015; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12606 Att. A (part), 2004: prior planning code § 7046)

17.104.050 - Amortization of Advertising Signs in Residential Zones.

A.

Removal Criteria. In accordance with California Business and Professions Code Section 5412.1, those Advertising Signs meeting all of the following criteria shall be removed within the time periods set forth

below without compensation:

1.

The Advertising Sign is located within an area shown as Residential in the Oakland General Plan; and

2.

The Advertising Sign is located within an area zoned for residential use; and

3.

The Advertising Sign is not located within six hundred sixty (660) feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond six hundred sixty (660) feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way; and

4.

The Advertising Sign is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs.

B.

Advertising Sign Removal. Any Advertising Sign meeting all criteria listed in Subsection A. of this Section shall be removed at the close of the amortization period listed below:

The amounts provided in this Section shall be adjusted each January 1st after January 1, 1983 in accordance with the changes in building costs as indicated in the United States Department of Commerce Composite Index for Construction Costs.

The Director of City Planning, or his/her designee, shall determine the Fair Market Value of the Advertising Sign and the resulting amortization period. The amortization period shall run from the date of the notice of amortization, which shall be sent to Advertising Sign owners and underlying property owners via U.S. Mail. Underlying property owners, for the purposes of this Section, are those names contained on the latest available equalized assessment role. Failure to receive the notice of amortization shall not invalidate or otherwise affect the amortization period.

C.

Administrative Appeal Procedure.

1.

Appeal Period. Within ninety (90) days of receipt of a notice of amortization, an appeal may be filed by any interested party with the Director of City Planning challenging the City's determination. The Director of City Planning will forward the appeal to the City Administrator for final determination.

2.

Grounds for Appeal. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the City or where the City's determinations are not supported by the evidence in the record. The burden is on the appellant to provide sufficient evidence and arguments to overturn the initial City determinations. The minimum information to be included in an appeal is:

a.

Identification of specific billboard under appeal;

b.

Specific determination of the City being challenged;

c.

Current photograph of billboard;

d.

Legal and factual documentation to support the challenge, including, without limitation, building permits (if available) and repair/improvement records.

The City may request additional information as it deems reasonably necessary to complete the review.

3.

Failure to Timely Appeal. Failure to timely file an appeal will waive any rights to further challenge the City's determination contained in the notice of amortization.

4.

Appeal Fee. Established per master fee schedule. Appellants shall be allowed to file one (1) appeal and pay one (1) appeal fee where the City Administrator determines that similar issues are raised and the payment of multiple fees would be unreasonable.

5.

Notification of Completeness. The City will notify appellant within forty-five (45) business days of appeal submittal whether the appeal application is deemed complete. City failure to notify appellant within said

time period will deem the application complete. This does not preclude the City from requesting additional information after the application has been deemed complete.

6.

Written Determination. The City will provide appellant with a written decision within ninety (90) days of receipt of a complete appeal application, unless an extension is agreed to by the appellant. Request by the City for additional information after the application has been deemed complete will not modify the timing of the ninety (90) day period during which the written determination is being made, provided that the appellant responds in a timely manner to the City request. Failure of the City to timely issue a written decision shall result in granting of the appeal.

7.

Decision Final. The written decision of the City Administrator is final and not administratively appealable.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. 12776 § 3, Exh. A (part), 2006; Ord. 12146 §§ 3, 4, 1999; Ord. 12073 § 7, 1998)

17.104.060 - General Limitations on Advertising Signs.

Notwithstanding any provisions to the contrary contained within the Planning Code, Advertising Signs are not permitted in Oakland except: (1) as otherwise provided for in this Code, or (2) pursuant to a franchise agreement or relocation agreement authorized by the Oakland City Council, which expressly allows Advertising Signs and then only under the terms and conditions of such agreements.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13302, § 5(Exh. C), 4-21-2015; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. 12425 § 2, 2002)

A.

Submittal Requirements. In all Commercial and Industrial Zones, as well as the RU-4, RU-5, S-1, S-3, and S-15 Zones, any Commercial, Industrial, or mixed use building or complex containing two (2) or more tenant spaces on site may apply for a Master Sign Program which specifies the overall design, configuration, and permitted sizes of Signs for that building or complex. Applications for a Master Sign Program shall identify, at a minimum, the permitted sign sizes, materials, colors, placement, construction, method of lighting, and other related sign requirements for the applicable Commercial, Industrial, or mixed use building or complex. Drawings shall indicate the exterior surface details of all buildings on the site; the typical sign locations, designs, colors, and faces; and the methods of sign construction, installation, and lighting.

B.

Use Permit Criteria. A Master Sign Program may be allowed to deviate from the normally required sign standards in this Chapter, including but not limited to, total aggregate sign area. A Master Sign Program application which would deviate from the normally required sign standards shall be processed as a conditional use permit under the provisions of Chapter 17.134. A conditional use permit for a Master Sign

Program may only be granted upon determination that the proposed sign program conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to all of the following additional use permit criteria:

1.

That the proposal will be of a quality and character appropriate to the Commercial, Industrial, mixed use building or complex;

2.

That the building facade and other walls will be considered and treated as a whole, and in relationship to adjoining buildings;

3.

That all Signs will be harmonious with the architectural design of the building and adjacent buildings, and will not cover or detract from a building's significant architectural features.

C.

Review of Individual Signs Upon Approval of a Master Sign Program. Once a Master Sign Program is approved for any multi-tenant building or complex, the following provisions shall apply:

1.

Sign applications determined to conform to the provisions of an approved Master Sign Program shall be exempt from design review as is otherwise specified in Chapter 17.136.

2.

Sign applications determined to not conform to an approved Master Sign Program may only be granted upon approval of a revision to the original Master Sign Program conditional use permit.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13112, § 4(Exh. A), 4-30-2012; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010)

Chapter 17.106 - GENERAL LOT, DENSITY, AND AREA REGULATIONS

Sections: