Division 2 — PERMITS AND SPECIFICATIONS

SEC. 16-600. SIGN PERMITS REQUIRED.

(A) No sign shall be painted, placed, pasted, posted, printed, tacked, fastened, or maintained, except as provided in this article.

(B) Except for election signs, no sign shall be erected, re-erected, constructed, altered or maintained without a sign permit approved by the development services manager as well as by the manager; provided, however, that signs painted or letters pasted on a window or wall do not require approval by the development services manager.

(C) On receiving an application for a sign permit, the development services manager shall determine whether to approve the permit in accordance with article X of chapter 14 of the city code.

(D) On receiving an application for a sign permit, the manager shall determine whether the application contains all information and items required to determine whether the proposed sign complies with the provisions of the city code, an approved sign program, or an applicable specific plan. If the manager determines that the application is not complete, the manager shall notify the applicant in writing within 30 calendar days of the date of receipt of the application that the application is not complete and the reasons for such determination, including any additional information or items necessary to render the application complete. The applicant shall have

30 calendar days to submit such additional information and items. Failure to do so within such period renders the application void.

(E) Within 30 calendar days following receipt of such required additional information or items, the manager shall again determine whether the application is complete in accordance with the same procedures until the manager finds the application to be complete ('the application date').

(F) The manager shall not accept a sign permit application if:

(1) The applicant has installed one or more other signs in violation of the provisions of the city code at the same location or at other locations and, at the time the

application is submitted, each such illegal sign has not been legalized, removed or included in the application;

(2)  Another violation of the city code exists on the site of the proposed sign (other than an illegal sign that is not owned or controlled by the applicant and is located

at a different business location on the site from that for which the sign permit is sought) that has not been cured at the time the application is submitted;

(3) The application is substantially the same as an application previously denied, unless 12 months have elapsed since the date of the previous denial or new

evidence or proof of changed conditions is provided in the new application; or

(4) The applicant has not obtained any required use permit or downtown design review permit.

(G) Within 30 calendar days of the application date, the manager shall notify the applicant in writing that the application is approved or denied. If the application is denied, the written decision shall specify the grounds for denial. The manager shall approve the application if the proposed sign conforms to all design, size, height and other sign standards imposed by the city code, an approved sign program, or an applicable specific plan. An application for more than one sign or location may be granted or denied in whole or in part.

(H) Approval of a sign permit does not relieve the permit holder of the duty to obtain any other required permits and approvals, including but not limited to a downtown design review permit for a sign in the CBD zone.

(I) The manager may revoke any sign permit on failure of the permit holder to comply with the provisions of the city code, an approved sign program or an applicable specific plan, after the manager gives the permit holder written notice of noncompliance and at least 15 calendar days to cure the noncompliance. If the manager revokes the permit, the manager shall adopt a written decision stating the reasons for revocation and shall mail or deliver a copy thereof to the permit holder, along with a statement of the permit holder's right to appeal.

(J) Any person may appeal to a hearing officer a decision of the manager approving or denying an application for a sign permit or revoking a sign permit. The appeal shall be in writing, shall state the grounds for appeal, and shall be filed with the city clerk within 15 calendar days of the date of the manager's decision, together with the appeal fee adopted by resolution of the city council.

(K) The city clerk shall schedule the appeal for hearing no later than 30 days thereafter, unless the appellant requests or concurs with a later date, and shall notify the appellant and the manager of the date, time and place of hearing. The hearing may be continued to a later date on the request of or with the concurrence of the appellant.

(L) The hearing officer shall render a decision on the day of the hearing and shall adopt a written decision on that day or within 15 calendar days thereafter. The hearing officer's decision is final and is not subject to administrative appeal. The manager's decision shall be stayed during the pendency of the time to appeal and, if an appeal is filed, the time before the hearing officer renders a written decision.

(M) All written notices and decisions required to be given to the applicant or permit holder may be prepared on forms or otherwise and may be given by personal delivery to the applicant or permit holder; by depositing the notice and/or decision in the United States mail, first class postage prepaid, addressed to the applicant or permit holder at the address stated on the application; or by e-mail to the applicant or permit holder at the e-mail address stated on the application.

mit holder may be prepared on forms or otherwise and may be given by personal delivery to the applicant or permit holder; by depositing the notice and/or decision in the United States mail, first class postage prepaid, addressed to the applicant or permit holder at the address stated on the application; or by e-mail to the applicant or permit holder at the e-mail address stated on the application.

(N) An applicant or permit holder dissatisfied with the decision of the hearing officer may seek judicial review of that decision in accordance with applicable provisions of Sections 1094.5, 1094.6 and 1094.8 of the Cal. Code of Civil Procedure.

(O) All rights, duties and responsibilities related to signs attach to the property on which the sign is placed and run with the land. The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner, the person in control or possession of the property, or the person placing the sign.

(`64 Code, Sec. 34-181) (Ord. No. 1573, 2687)

SEC. 16-601. SIGN AREA.

(A) Sign area shall include the spaces between the components of the sign as well as the area of the sign components themselves. Where components of a sign are not parallel, the sign area shall be the surface of the regular geometric shape which most nearly encloses the components.

(B) After calculating permitted sign area, the following rules for allocation shall apply:

(1)  For single ownership or ground leases, sign area shall be based on the ownership or lease. Where more than one building is owned or leased, sign area may be

allocated to one or all buildings. Where property is divided by sale or lease, signs which are no longer conforming shall be eliminated as provided elsewhere in this article.

(2)  For building leases as in a shopping center, the sign area allocated to each building or business within a building shall be based on building frontage. Sign area

calculated from one building or business frontage, even if unused, shall not be allocated to another building or business unless a master sign program is submitted for all signs in the shopping center and approved by the commission as provided in sections 16-530 to 16-553. Where property is divided by sale or lease, signs which are no longer conforming shall be eliminated as provided elsewhere in this article.

(C) The commission may approve by special use permit the installation of a nonconforming sign to provide uniform signs among contiguous commercial development in a shopping center or multiple use commercial buildings where the majority of existing businesses have nonconforming signs; provided, however, that such sign shall be substantially similar in size, type and location and shall be abated within the time period applicable to existing nonconforming signs in the development. The commission shall consider the relative type, size, location and economic advantage of the sign proposed to be installed and existing signs in the development.

(`64 Code, Sec. 34-181.1) (Ord. No. 173)

SEC. 16-602. SAFETY AND MAINTENANCE.

(A) Every sign and all parts, portions, units and materials comprising the same, together with the frame, background, supports or anchorage therefor, shall be manufactured, fabricated, assembled, constructed, and erected in compliance with all applicable ordinances of the city.

(B) Materials as permitted by the Uniform Building Code governing structural materials and equipment or as approved by the building official as complying with standard engineering practices only shall be used in the manufacturing and erection of on-premise signs. All electrically or electronically energized signs shall bear the seal or signification of approval of an approved testing laboratory. Every sign shall be kept in good condition, maintenance and repair. Any improperly maintained conforming or nonconforming sign (temporary or permanent) shall be repaired or removed within a period of 30 days from the receipt of a written notice by the building official.

(C) The display surface of all signs shall be kept legibly painted or posted. Conforming signs pertaining to enterprises or occupants that are no longer using the premises to which the sign relates shall be removed by permittee or owner of the premises within six months after the enterprise or occupant has vacated the premises, except that painted conforming signs shall be removed within 60 days.

(D) Temporary signs shall be removed within 60 days after installation or within 10 days following the occurrence or completion of the event or other purpose served by the sign, whichever comes first; provided, however, that election signs shall be removed within 10 days following the election. In the case of construction signs for new buildings, issuance of a certificate of occupancy shall be deemed completion of the event.

(`64 Code, Sec. 34-182) (Ord. No. 1573, 2687)