Article 33B — Signs — Oceanside Zoning Code

Sections:

3311 Title, Capacity and Scope 3312 Intent as to Public Forum 3313 Definitions 3314 General Prohibition 3315 Signs Exempt from Permit Requirements 3316 Kiosk Program Directional Signage 3317 Temporary Inanimate Signs 3018 Signs within the Small Craft Harbor Area

3311 Title, Capacity and Scope

A. Title. This Article may be referred to as the City Property Sign Ordinance.
B. Capacity. In adopting this Article the City Council acts in its proprietary capacity as to City property.
C. Scope. This Article states City policies and rules for the display of signs on City property.

3312 Intent as to Public Forum

The City declares its intent that all public property shall not function as a designated public forum for sign display, unless some specific portion of public property is designated herein as a public forum of one particular type; in such case the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period.

3313 Definitions

For purposes of interpreting and enforcing this Article, the following words have the special definitions given. For words not defined in this chapter, definitions from Article 33A Signs, Section 3303 may be used.

Administrator: Administrator means the person authorized by the City Council to enforce and interpret this chapter; in the absence of a contrary authorization by the City Council, the Administrator shall be the City Manager or his/her designee.

City : City means for purposes of this Article the City of Oceanside, California and any of its associated entities.

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City property: City property means land or other property in which the City is the owner or has the present right of possession and control, as well as areas which are either designated as public rights-of-way or which have long been used as such.

Permit: Permit means a written authorization from the City for a third party display of a sign on public property.

Personally attended: Personally attended means that a person is physically present within five feet of the sign at all times.

Sign ordinance: Sign Ordinance means Article 33A, 33B and 33C as it may be amended from time to time.

Traditional public forum: Traditional public forum means the surfaces of City-owned streets, surfaces of City-owned parks, surfaces of City-owned plazas, surfaces of sidewalks which are connected to the City’s main pedestrian circulation system and the exterior surface of pedestrian areas immediately surrounding City Hall.

3314 General Prohibition

Unless a specified sign type is exempt from the permit requirement, private persons may display signs on public property only by permit. Any permit application which is denied may be appealed in the same manner as the appeal process described in the Sign Ordinance.

3315 Signs Exempt from Permit Requirement

A. Government Signs

Signs posted by the City on City Property to express its own message(s) to the public; traffic control and traffic directional signs erected by the City or other governmental entity; official notices required or authorized by law or court order; signs placed in furtherance of the City’s governmental functions.

B. Picketing

The personal carrying of signs “picketing,” displaying protected noncommercial speech messages, is allowed in Traditional Public Forum Areas, except in the roadway when it is open to normal vehicular traffic; picketers may not interfere with public ingress or egress or free use of sidewalks or public right-of-way. For safety reasons, picketing is allowed from sunrise until 10 p.m. In order to serve the City’s interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Persons holding signs may not block the view within the clear

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corner area.

C. Commercial Mascots

Sign display by commercial mascots is allowed on public sidewalk areas during the daytime hours between sunrise and sunset, as specified by the United States Naval Observatory (USNO) data. Commercial mascots may not interfere with public ingress or egress or free use of sidewalks or public right-of-way. In order to serve the City’s interests in traffic flow and safety, persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Persons holding signs may not block the view within the clear corner area.

No more than two commercial mascots shall be allowed to occupy a street intersection corner area. A 10 foot minimum separation shall be maintained between commercial mascots. The total sign area displayed shall not exceed 20 square feet. Sign display exhibits involving airborne signage shall not be permitted.

3316 Kiosk Program Signage

This Section provides for directional, event and community signage within the public rightof-way within an approved kiosk under the City's Kiosk program. It is intended to permit government owned off-site directional signs necessary to serve the community for purposes of order, direction and safety. In order to avoid adverse effects on the aesthetics of the City, to minimize traffic safety issues and to prevent a proliferation of such signs, regulations for the location, standards, number of such signs, and their approval and removal are included in this Section.

All kiosk displays shall substantially comply with applicable sign design standards, program guidelines, and structural requirements. The City Planner and Building Official shall review all such displays to ensure their compliance with those standards and requirements.

A. Kiosk Program Regulations and Standards for Commercial and Non-Commercial Signs

Design and Location: The Development Services Director shall approve the design of kiosk displays in various strategic locations throughout the City. Such design and location discretion shall only be made with due consideration to aesthetic appearance, cost, readability, traffic and public safety concerns and may include pedestrian oriented digital/electronic message displays.

Kiosk designs utilized throughout the City shall be on file in the Building Division. The height and design of all kiosk displays shall be subject to approval of the City.

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Kiosks shall be in the public right-of-way.
Each kiosk shall have "Oceanside" and the City logo displayed in a prominent location on the sign.
No more than eight kiosk sign panels for any person or entity is allowed within the City. A kiosk sign display shall not be duplicated on an individual kiosk. A double-sided message display shall be considered one kiosk sign display for the purposes of this Article.
There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign as originally approved.

Number of Kiosk Display Signs: An applicant may apply for signage to be placed within one or more kiosk displays. All applicants shall be subject to the rules, regulations and requirements placed on such signage consistent with the provisions of this Article.

Sign Removal: Any sign placed contrary to the provisions of this ordinance may be removed by the Code Enforcement Officer without prior notice.

Enforcement: Non-compliance or kiosks improperly maintained shall be subject to the enforcement provisions provided in this Article and/or the Oceanside City Code.

3317 Temporary Inanimate Signs in the Public Right-of-way

Temporary signs displaying any type of variety of constitutionally protected noncommercial speech may be displayed by private persons up to thirty days prior and five days after any official local, state, regional, or national authorized election. Such sign display by private persons is subject to a permit and the following rules:

Sign Area: The maximum allowable sign area is 6 square feet per sign (measured on both sides.)

Height: Maximum height of freestanding signs is 5 feet.

Posting On Structures: All signage within the public right-of-way shall be self-supporting and freestanding. No temporary sign shall be posted on any streetlight, utility pole, post, pole, or structure supporting a traffic control sign or signal, fire hydrant, or similar structures in the public right-of-way.

Safety of Placement: Temporary signs posted in the public right-of-way shall meet the following criteria:

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When located in the Corner Clear Zone, the sign shall not exceed 30 inches in height.
Signs shall not obstruct a motorist’s view of pedestrian or vehicular traffic, traffic-control signs, or signals, or otherwise represent a hazard to vehicular or pedestrian traffic.
Signs shall not impede a pedestrian’s free use of the sidewalk.
Signs shall be securely affixed to the property on which they are placed.
Signs shall not be placed in the center of public roadway medians.

Permit Application Requirements: Prior to posting any temporary sign on the right-ofway, the private party responsible for the posting and maintenance of such signs, hereinafter referred to as "responsible party," shall provide the following information to the Enforcement Officer:

Application - An application shall be filed with the Code Enforcement Office by the "responsible party". This application shall be in a form and content as required by the Enforcement Officer. This application shall minimally include the following information:
Identification Information - A description of the signs sufficient to allow the Enforcement Officer to identify the responsible party for the purposes of enforcement.
Name, address, and telephone number of the responsible party.

No permit or deposit is required for the posting of temporary signs on public property by the City of Oceanside.

Sign Removal: Temporary signs shall be removed from the public right-of-way not later than the removal date indicated in the application.

Cost Recovery: Whenever the Enforcement Officer causes the removal of a temporary sign, the cost incurred by the City in removing such sign shall constitute a debt owed to the City by the responsible party. The City Manager is authorized to take such action as may be deemed necessary, including the commencement of a civil action in a court of competent jurisdiction, to recover any such costs.

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3318 Signs within the Small Craft Harbor

In addition to the sign regulations elsewhere in this Article, the following regulations shall also apply in the Oceanside Small Craft Harbor:

1. Freestanding Signs

a. Pole or Ground Signs

Major. A major pole or a ground sign shall be allowed at the two major entryways to the Harbor. The sign shall be designed to denote “Oceanside Harbor” with the appropriate directional signage. Signage of uses within the harbor area may be displayed on separate lighted panels. Non-commercial messages may also be displayed.

Minor. Minor pole or ground signs shall be allowed at major intersections within the harbor. These signs shall be a variation of the sign design proposed for the major entryways to the Harbor. Such signs shall use a modular replaceable-unit or a translucent panel system with internal lighting, and a highly visible typeface. Non-commercial messages may also be displayed. Maximum height of a minor pole or ground sign is 14 feet.

b. Monument Signs

Location: Signs shall be located at the outer face of leasehold or near the street front property line or vehicular entrance to leasehold. Signs must be located and oriented to avoid interference with vehicle driver’s safe line of sight.

Maximum Quantity: One (1) per separate establishment at street frontage or entrance driveway.

Size: Maximum panel size is six (6) square feet. Maximum height is six (6) feet.

Materials: Limited to wood or acceptable metals or plastics.

2. Wall Signs

Location: Signs shall be located on building façade or on-site adjacent to entry of building. Wall signs shall not be placed on roofs or windows.

Maximum Quantity: One (1) per separate establishment on each street frontage and/or water frontage façade.

Size: Size and quantity must be compatible with scale of structure, but in no case

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can it exceed 12 square feet of panel size in one elevation (building face) or 24 square feet on all elevations (building face).

Materials: Limited to wood or acceptable metals or plastics.

3. Courtesy Signs

Location: Signs may be located anywhere within a leased parcel.

Maximum Quantity: Number of signs per leased parcel shall be as needed for directional and informational signage.

Size: Maximum of four (4) square feet for each panel size and a total of 24 square feet for all courtesy signage on a lease parcel.

Materials: Limited to wood or acceptable metals or plastics.

4. General Design Standards for All Site Signs

All site signs shall conform to the following design standards:

Extensive use of wood in both sign panel and support structure.
Display light sources should be screened from autos, boats and pedestrians. No internal lighting is permitted.
Temporary display banners and flags require approval by the Harbor Director as to size and location.
Boat sale displays should have consistent sign sizes and typography within a single parcel, and “false sail” signs in sailboat rigging should be in conformance with these regulations. (See Boat Sign Ordinance 72-5.)
No more than 20 percent of the total window area for any one side shall be used for permanent or temporary sign display.
Where multiple uses or establishments are located within the same parcel, all signs on that parcel will use consistent design as to materials, proportions and lighting should be of similar materials and proportions, consistently.
Lighting that creates a confusing background for harbor night entry is prohibited.

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5. Permitting

Other than courtesy signs which use no electricity or special lighting, and temporary signs exempt from permitting, all private party signs in the Harbor District may be installed or displayed only pursuant to a sign permit. Any application for such a permit will be granted when the proposed sign(s) complies with all applicable laws, rules, and policies. In the Coastal Zone, unless otherwise exempt, all proposed signage must include the issuance of a coastal development permit and must be consistent with all applicable policies/requirements of the certified Local Coastal Program.

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