Portola Municipal Code § 17.76.040 Definitions

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Editor's note— Ord. No. 339, § 1, adopted Apr. 24, 2013, amended Ch. 17.76 in its entirety to read as herein set out. Former Ch. 17.76, §§ 17.76.010—17.76.250, pertained to similar subject matter, and derived from Ord. 287 § 2 (Exh. A (part)), adopted 2001; Ord. 303 § 1, adopted 2003; and Ord. No. 328, § 1, adopted Aug. 13, 2008.

The City of Portola, pursuant to its police power, has the authority to take appropriate action to address concerns regarding traffic safety and aesthetics, as they relate to signs, Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981). The city council recognizes that signs constitute speech protected under the First Amendment of the United States Constitution and by Art. 1, Sec. 2, of the Constitution of the State of California, and that its regulation of signs must be reasonable and consistent with these protections. The city council finds that an uncontrolled proliferation of signs within the city is harmful to the public's health, safety and welfare, in that such signs are aesthetically displeasing and can cause traffic hazards if the time, place, and manner of the presentation of such signs are not reasonably regulated, including such concerns as drivers dangerously distracted when attempting to read an excessive number of signs placed in a haphazard manner. The City of Portola has a substantial interest in regulating signs in the reasonable manner set forth in this chapter, and the regulations modified and adopted hereby further the city's substantial interests in traffic safety and aesthetics, in particular. National Advertising Co. v. City of Orange, 861 F.2d 246, 248 (9th Cir. 1988); Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998). The city council finds that the citizens of and visitors to Portola have a substantial interest in visiting, living and working in an aesthetically pleasing city. The city council also finds that the citizens of Portola and all those who travel in and through the city have a substantial interest in traffic safety within the city. The city council recognizes that individuals have an interest in expressing commercial and noncommercial ideas within the city. The city council finds that the city can balance its interests in aesthetics and traffic safety with the interests of free speech by limiting and regulating all temporary signs in the public right-of-way, and by reasonably limiting and regulating the time, place and manner of placement of noncommercial signs on private property within the city. This section constitutes a statement of purpose regarding the city's substantial interest sought to be implemented by the regulations. Desert Outdoor Advertising, Inc. v. City of Moreno Valley, 103 F.3d 814, 819 n.2 (9th Cir. 1996), cert. denied, 522 U.S. 912 (1997); Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 (1980). The city intends, by adoption of these regulations, to eliminate any exemptions and/or regulations of signs based on content, in order that its sign regulations are content-neutral and entitled to the least restrictive constitutional analysis. See, e.g., National Advertising Co. v. City of Orange, 861 F.2d 246 (1987); Simon & Schuster, Inc. v. Members of N.Y. State Crime Victims Board, 502 U.S. 105 (1991); Police Department of the City of Chicago v. Mosley, 408 U.S. 92 (1972). The city council finds that a proliferation of temporary, oversized signs in the public right-of-way can be detrimental to the aesthetic quality of the streets and sidewalks, can interfere with traffic safety, pedestrian access to public sidewalks and streets, can obstruct the entrance to businesses and residences, cannot be regulated absent size, quantity, and time regulation, and can be a source of unfair access absent such regulation. It is the city council's intent that all temporary signs be removed no later than sixty days after it is erected, or seven days following the date of the event or activity to which the sign pertains, whichever occurs first to maintain the city's aesthetic attractiveness.

(Ord. No. 339, § 1, 4-24-2013)

A. The provisions of this chapter shall apply to all signs located or to be located in the city. Where this chapter is inconsistent with any other ordinance contained in this code, the provisions of this chapter shall control.

B. If any section, sentence, clause or phrase of this ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The planning commission hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 339, § 1, 4-24-2013)

The title of this chapter shall be known as the "Sign Ordinance of the City of Portola".

(Ord. No. 339, § 1, 4-24-2013)

"Address sign" means a sign with the purpose of identifying the address of a building.

"Alteration" means any change of size, shape, illumination, position, location, construction or supporting of an existing sign.

"Animated sign" means a sign with action, motion, rotating, flashing or color changes, excepting therefrom wind-actuated elements such as flags, banners, streamers, whirligigs or other similar devices, and public service signs such as time and temperature signs.

"Announcement sign" means a temporary sign with the purpose of announcing a special occasion or event, which may include balloons.

"Awning or canopy sign" means any sign that is part of a projecting awning, canopy or other fabric, plastic or structural protective cover over a door, entrance or window, or outdoor service area, or otherwise attached to a building face.

"Balloon" means a standard twelve-inch or less inflatable device used to draw attention.

"Banner" means a temporary sign constructed of a strip of cloth, paper, plastic, or other flexible material upon which copy is written and that is supported between poles or sticks or fastened to buildings or other structures.

"Blade and bracket/pedestrian-oriented sign" means a sign that is erected perpendicular to the sidewalk or thoroughfare bordering the business and is designed for and directed towards pedestrians so they can easily and comfortably read the sign as they stand adjacent to the business.

"Building complex" means a building or group of buildings on one or more lots or building sites containing two or more separate businesses or industrial uses and sharing common parking facilities.

"Building face" means the outermost surface of any exterior wall of a building, but not including cornices, bay windows, balconies or other architectural features which extend beyond the general outermost surface of such exterior wall.

"Bulletin board sign" means a permanent freestanding sign or sign affixed to a building that is used for announcements.

"Business directory sign" means an off-site sign listing the names of different businesses and/or locations throughout the City of Portola, that is maintained on private property by an established community or business organization.

"Business nameplates/door sign" means any sign that indicates the name of a business or occupant and is typically located on or adjacent to the business entrance.

"Cabinet (can) sign" means a sign that contains all the text and/or logo symbols within a plastic single-faced area, which may or may not be internally illuminated, and is held within a structural casing usually fabricated of sheet metal. This sign structure is referred to as a sign cabinet.

"Changeable copy sign" means a sign that is designed so that the individual characters, letters, or illustrations can be changed or rearranged on a regular basis without altering the face of the surface of the sign, regardless of the method of attachment or the materials of construction. Changeable copy signs include, but are not limited to, dry erase boards and chalkboard signs installed on the exterior of the building.

"Channel letters" means individual three-dimensional letters, characters, logos or figures mounted individually on a wall surface. Channel letter signs are used in wall signs.

"Commercial signage" means any sign with wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

"Commercial speech" means any message, that relates primarily to economic interests such as the exchange of goods and services.

"Community event" means a temporary event offered by any group or organization that is open to the general public, occurring in Portola, and planned for a time period of less than five days. Community events may include, but are not limited to special events as described in Chapter 9.33 of this municipal code. Typical community events include; blood drives, non-profit events, school-related events, athletic events, Portola Railroad Days, craft fairs, carnivals, vehicle shows, and tool sales.

"Community event sign" means any temporary sign used to advertise a community event.

"Dormer" means a structure located above the height of a wall projecting from a sloping roof that is enclosed on both sides and top, and does not project above the top of the roof structure.

"Dwelling unit" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation.

"Election signage" means signage with the intent of promoting a candidate or position in a local, state or national election.

"Enforcement officer" means any city official or agent designated by the city manager as having authority to enforce the provisions of this chapter.

"Facade" means the exterior walls of a building that are exposed to public view.

"Feather sign" means a type of portable sign of flexible material that is plain or includes copy and/or graphics and is supported by a horizontal or vertical pole, including but not limited to, feather, flutter, bow, and tear drop signs.

"Flag" means a device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school or religion, and not containing a commercial message.

"Freestanding bracket sign" means a portable sign that is not attached to a building or other permanent structure, and is capable of standing without support or attachment. Freestanding bracket signs are also commonly referred to as A-frames, sandwich boards, and sidewalk signs.

"Freestanding sign" means a sign that is independent of or not affixed to any building or structure, permanent in nature, entirely supported by one or more poles with a solid base or other structural elements and either placed on or anchored in the ground. Pursuant to this chapter, pole signs, monument signs and ground signs are all considered to be freestanding signs.

"Front facade" means the main building elevation containing the primary entrance of the building that typically faces a public street. In cases where a business is located in a multiple tenant commercial or industrial center, the front facade shall be the main entrance to the business.

"Garage sale or yard sale sign" means a temporary, on- or off-site sign advertising a garage or yard sale.

"Ground sign" means any freestanding sign greater than six feet in height and supported wholly by uprights, braces, or poles in or upon the ground and where any supports are enclosed in a wood, plastic, metal or other decorative form, such that the supports are not visible. The entire bottom of a ground sign is generally in contact or in close proximity to the ground.

"Hazardous sign" means a sign that may interfere with the free use of a fire escape, exit, or standpipe, or obstruct a required ventilator, door, stairway, or window above the first story, or create other hazardous situations.

"Height" means the height of any sign is the measure of the vertical distance from the grade adjacent to the sign footing to the top of the sign, including the support structure and any design elements.

"Home occupation sign" means a sign located at a residence advertising a business, profession, occupation, product, good, or service sold or conducted at the site or by persons residing at the residence.

"Illegal sign" means any sign placed without all required governmental approvals and/or permits at the time said sign was placed or an existing sign which was not constructed in accordance with the ordinances and other applicable laws in effect on the date of construction, did not receive governmental approval and/or permits, or a legal nonconforming sign that has exceeded its authorized amortization period. An illegal sign shall also include signs that have been abandoned. A sign is abandoned when for a period of ninety days or more, there is no sign copy appearing on the sign, or where the establishment with which the sign is associated has ceased operation, or where it is relatively clear that the sign has been forsaken or deserted. Any sign which is a conforming sign not in use, but which could be reused in conjunction with the ownership or operation of a new business on a property, shall not be considered an abandoned sign.

"Illuminated sign" means any sign employing the use of lighting sources for the purpose of decorating, outlining, accentuating or brightening the sign area.

"Incidental sign" means any sign, generally information, that has a purpose secondary to the use of the lot on which it is located, such as "no parking", "entrance", "loading only", "telephone" and other similar directives. A sign that also includes a commercial message, such as "store-wide sale", is not considered incidental.

"Individual use" means a nonresidential use of a property located in a core commercial, commercial mixed use, service commercial, or business professional/light industrial zone, but not located in a building complex.

"Inflatable device" means a balloon or other object larger than twelve inches inflated with lighter-than-air gaseous elements for buoyancy, which is attached or anchored to any building, structure or the ground, and shall include all parts, portions, units and material composed of the same, including the support or anchor.

"Institutional" means uses whose primary function is furtherance of the public health, safety and welfare, generally, not exclusively noncommercial in nature, including, but not limited to the following: Hospitals and similar health care facilities, airports, cemeteries, recreational clubs and lodges, museums, theaters and similar cultural institutions, churches and similar religious institutions, detention facilities, fire and police stations, emergency shelters, marinas, parks and similar recreational facilities, schools and similar educational institutions, public utility facilities and offices used for other than-business purposes.

"Legal nonconforming sign" means a sign that was legal when first erected, with all necessary governmental approval and/or permits, but due to a change in the law, it became nonconforming.

"Logo" means a logo is a product trademark or company graphic or symbol.

"Lot" means any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership.

"Lot frontage" means those portions of a lot or building site that abut a public street. For purposes of determining frontage on corner lots and through lots, all sides of a lot abutting a public thoroughfare (excluding an alley) shall be considered frontage.

"Marquee sign" means a building-mounted or freestanding sign, comprised mostly of changeable copy board, which identifies a movie theater, playhouse or performing arts center, or similar use, and advertises current shows or events on the premises.

"Monument sign" means a freestanding sign not exceeding six feet in height which is supported by a base which extends the entire length of the sign area and is an integral part of the design.

"Moving sign" means a sign that has undulating, swinging, rotating or otherwise moving parts to attract attention.

"Mural" means a large painting or picture, which may be pictorial or abstract, applied to or made a part of a wall, or a large painting done on a panel, which is then affixed to a wall.

"Noncommercial signage" means any signage which is not commercial signage, as defined herein. Typical uses for noncommercial signage include advertising displays erected by non-profit organizations for fundraisers and related purposes and signs containing political, election, civic, public service, or religious messages.

"Noncommercial speech" means any message which is not commercial speech in nature, as defined herein. Such speech typically relates to debatable matters of public concern, such as by way of example and not limitation, advocacy on politics, religion, arts, science, philosophy, commentary on governmental policy, etc.

"Obscene signs" means signage, when taken as a whole, which to the average person applying contemporary community standards, appeals to the prurient interest and as a whole depicts or describes in a patently offensive way sexual conduct which lacks serious literary, artistic, political or scientific value.

"Off-site signage" means signage that is not located on the site of the business, accommodations, person, event, commercial activity, or service not conducted sold, manufactured, offered, or located on the site on which the sign is located.

"On-site signage" means a sign advertising or pertaining to the business, accommodations, person, event, commercial activities provided, or services conducted, sold, manufactured, offered, or located on the site on which the sign is located.

"Open house directional sign" means a temporary sign, either on-site or off-site, that indicates the location of an open house for a private residence offered for sale.

"Painted sign" means a sign that is painted directly onto a building or other permanent fixture or structure.

"Pennant" or "windsock" means any sign of lightweight fabric or similar material that is attached to a building or other structure erected for another purpose. They do not contain any sign copy and are primarily intended to draw attention. Flags, as defined in this section, shall not be considered pennants or windsocks.

"Permanent sign" means any legal sign designed or used in excess of sixty days.

"Permitted sign" means signs permitted pursuant to this chapter.

"Pole sign" means a sign wholly supported by one or more poles and otherwise separated from the ground by air.

"Prohibited sign" means any sign not specifically permitted by this code.

"Project entrance sign" means an on-site sign used to identify the name of an apartment housing complex, mobile home park, condominium subdivision or other residential subdivision.

"Projecting sign" means any sign which projects more than twelve inches from the exterior face of a building wall or facade and which uses the building wall as its primary source of support.

"Public service sign" means a noncommercial sign that provides general information that benefits the public, such as electronic changeable time and temperature signs.

"Publicly owned sign" means any sign erected, owned or maintained by the City of Portola or other public entity for traffic direction, city entrance or for designation of or direction to any public facility. Such sign may include a city entrance sign or marker indicating the location of a park.

"Real estate sign" means a sign advertising residential and commercial buildings or properties for sale, lease or rent.

"Repair" means the renewal of any part of an existing sign for the purpose of its maintenance.

"Roof sign" means a sign erected upon or above a roof or a parapet of a building or structure, and not contained within a dormer.

"Setback area" means the setback area shall be that area defined as the "required minimum yard" as specified by the zoning ordinance for each designation, unless a specific setback is designated within this chapter.

"Sign" means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a persons or entity, or to communicate information of any kind to the public with the exception of the following:

1. Such devices not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants or other similar identification on a site.

2. Flags and other insignia of any government not displaying a commercial message.

3. Legal notices, identification, information or directional/traffic controlling devices erected or required by government agencies.

4. Decorative or architectural features of buildings, except letters, trademarks or moving parts.

5. Holiday or seasonal decorations and lights.

6. Government traffic controlling devices are not considered signs for purposes of this chapter due to their distinctive purpose.

"Sign

area" means the entire area contained within the frame, cabinet or fixture, including all ornamentation or decoration used to attract attention. In the case of pole signs, that area above the supporting column, providing that such supporting column is not decorated or displayed with advertising.

"Sign

copy" means any words, letters, numbers, figures, designs or other symbolic representation incorporated into a sign with the purpose of attracting attention to the subject matter.

"Sign

face" means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

"Sign

permit" means a permit issued by the city manager or his or her designee or planning commission approving a sign or sign program pursuant to the provisions of this chapter.

"Sign

program" means an adopted master sign plan providing coordinated signs for a site using one or more common design elements such as colors, materials, lettering, sign type or style or illumination.

"Sign

structure" means any structure that supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a single pole and may or may not be an integral part of the building.

"Site"

means a lot or group of contiguous lots, with or without development, in single ownership, or having multiple owners, all of who join in an application for signage.

"Street"

means a public or private highway, road or thoroughfare that affords the principal means of access to adjacent lots.

"Street

frontage" means the length of a lot or parcel of land contiguous with or adjacent to a public right-of-way, street or highway, excluding an alley.

"Temporary sign" means any sign that is not permanently placed and is displayed for a limited period of time as defined in this chapter and which is used for commercial or noncommercial use such as for advertising, promotion or directing of the public interest to: The sale or lease or change of ownership or management of a business or property; announcement of a special sales event or promotional activities; election posters and campaign literature; charitable causes; banners; and personal announcement signs, including balloons, pennants, and windsocks, such as for a birth, birthday, anniversary, garage sale or other similar event.

"Temporary sign permit" means a permit issued by the city manager or his or her designee or the planning commission approving a temporary sign pursuant to the provisions of this chapter.

"Time and temperature sign" means a sign that displays the current time or outdoor temperature, or both, and which does not display any commercial advertising or identification and is intended to be used as a public service sign.

"Vehicle sign" means any sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or to a business located on the property.

"Wall or fascia sign" means any sign attached to, erected against, or painted or inscribed upon the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall and not located above the roofline, parapet, or facade (except when enclosed within a dormer), which does not project more than twelve inches from the building wall.

"Window sign" means a permanent or temporary sign displayed on the inside or outside of a window, temporarily painted on a window, or within twelve inches of a window that is intended to be seen from the exterior of a building through a window, facing a street, right-of-way, parking lot or walkway.

(Ord. No. 352, § 1, 11-28-2018; Ord. No. 339, § 1, 4-24-2013)

When exercising discretion pursuant to any section of this chapter, the city manager or his or her designee shall make the decision in light of, and in a manner consistent with, the purposes of this chapter, consideration for the health, safety and welfare of Portola residents, and consideration for the aesthetic appeal of the City of Portola.

(Ord. No. 339, § 1, 4-24-2013)

A sign permit application shall be required for all permanent signs to be erected except for address signs, business nameplates/door signs, incidental signs, single-family residential signage, multi-family lot signage, vehicle signs, and window signs. Electrical signs required an additional permit. All signs shall be subject to the requirements of the most recent versions of the Uniform Building Code, Uniform Electrical Code and Uniform Sign Code. All sign applicants shall attend the planning commission meeting if the sign is to be submitted to the planning commission for approval.

A. An electrical permit is required for all illuminated signs or signs utilizing electricity.

B. Sign Permit Application Information. The sign permit application shall include the following information:

1. Name, address and telephone number of the applicant.

2. Location of the proposed sign(s).

3. Two copies of a scaled drawing showing the lot and building(s) and structure(s) to which the sign(s) is/are to be attached or erected. The exact position of the sign(s) shall be noted on the drawing. If the sign is to be mounted on a parapet wall, the drawing should show the wall section and the sign's relationship to the actual roofline.

4. Two copies of a scaled drawing or plan of the sign(s) showing construction details for the sign(s) including all dimensions, letter sizes and styles, foundation and/or mounting requirements, and height of sign above grade, as applicable.

5. Two copies of a plot plan showing the property lines, building locations, driveways, and the proposed location of the sign. Driveway locations on adjacent lots must also be depicted.

6. A concise description of the construction materials and colors of all sign components.

7. Evidence that the applicant has complied with any applicable requirements imposed by other governmental agencies, including but not limited to, the California Department of Transportation (Caltrans) for all applications relating to signs in Caltrans right-of-way. A copy of the applicant's Caltrans encroachment permit, or any other required documentation, must be submitted prior to issuance of the sign permit.

8. If required by the city manager or his or her designee, a listing of all necessary calculations showing that the structure: (1) is designed for dead load and constructed to withstand wind pressure of not less than thirty-five pounds per square foot; (2) snow weight of eighty pounds per square foot; and (3) is seismically-sound. All calculations must be certified by a licensed structural engineer.

9. Date when the sign is to be erected and the date when the sign is to be removed, if applicable.

(Ord. No. 339, § 1, 4-24-2013)

A nonrefundable permit fee will be charged for each sign requested at the time of sign application. The sign permit fee shall set from time to time by the City of Portola City Council through a fee schedule. Approved sign permits are valid for six months. Anyone erecting a sign without a permit will be charged double the normal permit fee in addition to having to correct any city code violations, including taking down the sign, if necessary.

(Ord. No. 339, § 1, 4-24-2013)

A. Submittal. Upon submittal to the City of Portola of a completed application of one of the signs identified in Section 17.76.150 of this chapter, the planner or his or her designee shall refer the application and all other relevant documents to the city manager for consideration and decision. The city manager may require the applicant or other interested parties to submit additional information regarding the proposed sign.

B. Approval. The city manager shall approve an application submitted pursuant to this section and shall direct the planner to issue a sign permit if, based on the sign permit application and all other reliable and relevant evidence, documents, and information, the city manager determines that the proposed sign complies and is consistent with the provisions of this chapter. All applications shall be approved or denied within thirty days of the date of application.

C. Conditions. The city manager may approve a sign permit pursuant to this section subject to such conditions as the city manager shall deem necessary to protect the public welfare and to achieve the purposes of this chapter.

D. Denial. If the sign permit application and consideration of all reliable and relevant evidence, documents and information reveal that the applicant has not satisfied the conditions of this section, then the city manager shall promptly notify the applicant that the sign permit application is denied and that no sign permit pursuant to this section shall be issued.

E. Hearing Before the Planning Commission. Sign permit applications as determined by the city manager, sign permit applications for signs facing public open space, publicly-owned signs, and all sign programs for multi-tenant buildings, may be required to be approved by the planning commission. The planning commission shall consider the application at a public meeting commenced within thirty days after the completed application is submitted to the city manager or his or her designee. The city manager or his or her designee shall provide the applicant seven days' advance notice of the date of the hearing, unless otherwise agreed by the applicant. At the meeting, the applicant and all interested parties shall have an opportunity to be heard and to present testimony and documentary evidence relating to the proposed sign or sign program.

F. Planning Commission Approval. The planning commission shall approve a sign application and direct the city manager to issue a sign permit, if, based on the sign application, the testimony, and other information presented at the hearing and all other reliable and relevant evidence, documents and information, the planning commission determines that the proposed sign or sign program, including illumination plans if applicable, complies and is consistent with the provisions of this chapter.

G. Planning Commission Conditions. The planning commission may approve a sign permit subject to such conditions as the planning commission deems necessary to protect the public welfare and to achieve the purposes of this chapter.

H. Exceptions. In the event that the planning commission deems a sign necessary and desirable that does not conform to the provisions contained herein, which may include exceptions to size, height and other requirements, a written request may be made to the city council. Upon request, the city council may require such conditions as it deems appropriate, safe and acceptable. All special requests shall be subject to published notice and public hearing. Upon receipt of such request, the city clerk shall publish a notice of public hearing within fourteen days and a hearing shall be conducted within thirty days of the receipt of the request.

I. Planning Commission Denial. If the sign permit application and consideration of the testimony and other evidence presented at the hearing as well as all other reliable and relevant evidence, documents and information reveal that the applicant has not satisfied the conditions of this section, then the planning commission shall promptly notify the applicant that the sign permit application is denied and that no sign permit shall be issued.

J. Revocation. Any sign permit issued pursuant to this section may be revoked or suspended by the city manager if the holder of the sign permit violates the terms of the sign permit or any other provisions of this chapter.

K. Appeal From Decisions of the Planning Commission. Appeal from any decision of the planning commission issuing a sign permit pursuant to subsections F. and G. of this section, or denying a permanent sign permit application pursuant to subsection I. of this section, may be taken by the applicant or any other person adversely affected by any such decision. All such appeals shall be taken pursuant to the procedures provided in subsection M. of this section.

L. Appeal From Decisions of the City Manager. Appeals from any decision of the city manager issuing or revoking an electrical sign permit pursuant to subsection 17.76.060.A of this chapter or revoking a sign permit application pursuant to subsection B. of this section, may be taken by the holder of the permit or any other person adversely affected by any such decision. All such appeals shall be taken pursuant to the procedures provided in subsection M. of this section.

M. Appeal to the City Council. All appeals provided pursuant to subsections K. and L. of this section shall be taken to the City of Portola City Council by filing a written notice of appeal with the city manager within five days following receipt or notice of the decision from which the appeal is taken. The city council shall review the relevant sign permit application and any other reliable and relevant evidence, documents or information, and may receive and consider new evidence. Within thirty days after receipt of the written notice of appeal of the decision from which the appeal is taken, the city council shall render its written decision at a regularly scheduled meeting. The action taken by the city council shall be final.

(Ord. No. 339, § 1, 4-24-2013)

Prior to and during construction of an approved sign, the following inspections will be required, if applicable:

A. Footing Inspections. Footing inspections are required for all freestanding signs, prior to the placement of any concrete, if applicable.

B. Electrical Inspections. Electrical inspections are required for any illuminated or electrified signs.

C. Final Sign Inspections. A final sign inspection is made once the sign is erected.

(Ord. No. 339, § 1, 4-24-2013)

If required by Section 17.76.160, a temporary sign permit is required. There is no fee associated with a temporary sign permit. The city manager or his or her designee may issue a temporary sign permit. A temporary sign permit shall authorize the erection, installation and maintenance of a temporary sign for a time period not to exceed sixty days, as permitted in subsection 17.76.160.F of this chapter, and shall conform to the construction requirements as set forth herein depending upon the nature and type of sign.

(Ord. No. 339, § 1, 4-24-2013)

Illuminated signs within one hundred fifty feet of property located within a residential district shall not be illuminated between the hours of eleven p.m. and six a.m.

A. Installation. Illumination shall be installed or applied only: (a) through a translucent surface; (b) recessed into the sign structure; or (c) if the light source is external to the sign, directed to and concentrated solely on the sign.

B. Backlit Wall Signs. Wall signs that are backlit shall be permitted to extend an additional three inches from the wall surface for the sole purpose of providing space for the lighting apparatus.

C. Unshielded Lights. The use of unshielded lights, including incandescent bulbs on or strung on poles, wires, or any other type of support to illuminate any sign, or area in the vicinity of any sign, is prohibited. Floodlights, gooseneck reflectors or other external sources of illumination shall be contained within a protective casing.

D. External Light Sources. External light sources shall be directed and shielded as to limit direct illumination of any object other than the sign.

E. Illumination shall be constant in intensity and color, and shall not consist of flashing, animated, chasing, scintillating or other illumination conveying a sense of movement. Signs which exhibit only time and temperature are permitted, if they otherwise comply with this chapter.

F. Electrical equipment or wiring used to illuminate signs shall not be visible on any building faces. All electrical equipment including lights, lamps, and fixtures illuminating ground level signs shall be screened from view. All receptacles or devices used to provide external illumination for wall and freestanding signs shall not protrude more than nine inches from the face of the sign except for ground lighting.

G. An electrical permit from the City of Portola Building Department is required for all illuminated signs.

(Ord. No. 339, § 1, 4-24-2013)

Signs and supporting hardware, including temporary signs and time/temperature signs shall be structurally safe, clean, free of visible defects and functioning properly at all times. Repairs to signs shall be equal to or better in quality of materials and design than the original sign.

(Ord. No. 339, § 1, 4-24-2013)

The planning commission may adopt sign design regulations for permanent signs in this chapter, as written in Section 17.76.250. The purpose of adopting sign design regulations is to assist and guide the planning department in reviewing applications made pursuant to this chapter. Sign design regulations for permanent signs will be available to the public at Portola City Hall.

(Ord. No. 339, § 1, 4-24-2013)

The planning commission may initiate the formation of special sign districts, such as "riverwalk" or "old town", within specific zones. Upon recommendation of the planning commission, the proposed special sign district formation will be submitted to the city council for approval. Should the planning commission not recommend formation of the special sign district, any individual or entity may request that the city council consider formation of a special sign district. Any special sign district will be approved by ordinance of the city council, where it is found that special architectural and sign program considerations exist on a large number of parcels under separate ownership, which may be reasonably grouped into a district for modification to the regulations and limitations of the chapter. Special sign districts may involve the adoption of specific sign design regulations that applies only to the special district.

(Ord. No. 339, § 1, 4-24-2013)

Signs are permitted within the following zoning classifications, unless otherwise specified in this section: "Core Commercial", "Commercial Mixed Use", "Service Commercial", and "Business Professional/Light Industrial".

Any sign that is located so as to be subject to the restrictions and/or requirements of another governmental agency, including but not limited to Caltrans, must also comply with that organization's restrictions.

Each individual use that is not subject to a sign program pursuant to Section 17.76.210 shall be allowed a maximum of five permitted permanent signs.

The following types of signs are permitted signs for individual uses and building complexes as set forth in this article:

A. Awning or Canopy Signs. The size of the letters and/or business logo, symbols or other commercial speech or commercial signage on an awning or canopy sign shall be no less than five inches and no greater than the maximum letter height for wall signs as specified in subsection P. of this section, and may be placed on any panel of the awning or canopy.

Such awnings or canopy signs shall be constructed and erected consistent with the standards for "projections" from buildings found in the latest edition of the Uniform Building Code adopted by the city.

Awning or canopy structures shall be limited to a maximum of two colors that may be imprinted on any of the panel faces. One additional color may be imprinted for the lettering and/or business logo, symbols or other commercial speech or commercial signage.

Awnings or canopies shall not be internally illuminated. Lighting directed downwards that does not illuminate the awning or canopy is allowed.

Awning or canopy signs shall be regularly cleaned and kept free of dust and visible defects.

Any signage on a canopy shall be included in the total allowable wall sign area for that use and must meet the sign area, length and copy standards for wall signs.

[Figure: 17.76.150Fig1]

Figure 1. Awning or Canopy Sign

B. Address Signs. Such signs shall not exceed two square feet in total surface area per officially assigned address, or the size required by the law, order, rule or regulation, whichever is greater. Address signage shall be required on all residential and nonresidential structures. A sign permit is not required.

C. Blade and Bracket/Pedestrian-Oriented Signs. Blade and bracket/pedestrian-oriented signs are encouraged, especially in areas with significant pedestrian traffic. It is desirable and encouraged to include a blade and bracket/pedestrian-oriented sign as one of the permitted signs for a business. Blade and bracket/pedestrian-oriented signs are signs that are designed for and directed towards pedestrians so that they can easily and comfortably read the sign as they stand adjacent to the business.

Blade and bracket/pedestrian-oriented signs shall be placed only on a ground floor facade, except for businesses located above the ground level with direct exterior pedestrian access.

The maximum sign area shall be six square feet. The lowest point of a blade or bracket sign shall be at least eight feet above the level of the sidewalk or the public thoroughfare.

Sign supports and brackets shall be compatible with the design and scale of the sign.

[Figure: 17.76.150Fig2]

Figure 2. Blade and Bracket/Pedestrian- Oriented Sign

D. Bulletin Board Signs. Bulletin board signs, whether freestanding or mounted on a building shall not exceed thirty square feet (including support members) in total surface area and shall not exceed a maximum of seven feet in height. The area around the bulletin board sign shall be maintained clear of any debris by the business owner and/or property owner.

E. Business Directory Sign. One off-site business directory sign shall be permitted within the city limits of the City of Portola. The sign permit application shall be reviewed and approved by the planning commission. The sign shall meet the following requirements:

1. Be continuously maintained by an established community or business organization.

2. Be located on private property with property owner's permission.

3. The property owner is ultimately responsible for repair, maintenance, and removal.

4. All advertised businesses listed on the sign are to be located within the City of Portola city limits.

5. All advertised businesses are to hold a current, active City of Portola business license.

6. All advertised businesses are to be selected by the community or business organization.

7. Standards applicable to the type of sign (i.e. monument, changeable copy, wall, etc.) shall apply to the business directory sign.

[Figure: 17.76.150Fig3]

Figure 3. Business Directory Sign

F. Business Nameplates/Door Signs. One nameplate per proprietor of a lawful business may be erected if the door is the only available signage location for the premises, owner, occupant or business. No more than one door sign identifying the owner, occupant or business on the premises shall be allowed. Said sign shall be placed so as not to interfere with the safe ingress and egress through said door. The lettering of all door signs shall not exceed five inches in height. A sign permit is not required.

G. Changeable Copy Signs. Changeable copy signs are allowed:

1. In conjunction with facilities used exclusively for the presentation of theatrical, cultural or religious events subject to the approval of a sign program as described in Section 17.76.210 of this chapter and limited to maximum sign area of eight square feet; or

2. To advertise products, services, and prices in conjunction with a retail business and limited to a maximum sign area of six square feet.

3. As approved by the planning commission, to be compatible with the building frontage, size of the building, and size of the lot.

[Figure: 17.76.150Fig4]

Figure 4. Changeable Copy Sign

H. Incidental Signs. Incidental signs shall be no more than three feet high and three square feet. A sign permit is not required.

[Figure: 17.76.150Fig5]

Figure 5. Incidental Signs

I. Ground or Pole Signs. A ground or pole sign may be allowed for properties adjacent to a major highway (Highway 70) that have a street frontage along the major highway of at least one hundred feet. No more than one ground or pole sign shall be permitted for each three hundred feet of street frontage for each building complex or one ground or pole sign for a single user.

The sign may be located only along a major highway (Highway 70) street frontage. The sign shall be located so as not to create a pedestrian or traffic hazard.

Maximum total sign area for a ground or pole sign shall be as follows, based on building square footage: (a) 1—10,000 s.f. = 50 s.f.; (b) 10,001—20,000 s.f. = 100 s.f.; (c) over 20,000 s.f. = 150 s.f. maximum.

Maximum height of a pole or ground sign shall be as follows, based on total building square footage: (a) 1—20,000 s.f. = 20 feet; (b) over 20,000 s.f. = 25 feet maximum.

[Figure: 17.76.150Fig6]

Figure 6. Ground or Pole Sign

J. Monument Signs. A monument sign shall be allowed when the city manager or his or her designee determines that a wall sign would not be easily seen from the street and there is sufficient area on the site to accommodate a freestanding monument sign. No more than one monument sign shall be permitted per each two hundred fifty feet of street frontage for each building complex or one monument sign for a single user.

The sign may be located only along a site frontage adjoining a public street. Street frontage on a site where a monument sign is located must be at least one hundred feet, unless it is determined by the city manager that a monument sign is a necessary type of signage due to the design and/or location of the building.

The sign shall have a maximum height of six feet and a maximum sign area of forty-eight square feet.

The design of the monument sign shall be consistent with the overall scale of the building. The design and placement of the sign shall not obstruct traffic safety sight areas. In addition, monument signs shall be a minimum of ten feet from any common property line and shall be a minimum of one hundred feet apart unless otherwise determined by the planning commission or city council.

Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, twenty square feet of sign area = forty square feet of landscaped area. The city manager may reduce or waive this requirement if it is determined that the additional landscaping would not contribute significantly to the overall aesthetic character of the project.

[Figure: 17.76.150Fig7]

Figure 7. Monument Sign

K. Multi-Tenant Signage. Retail, industrial, office or manufacturing buildings that house more than one business on a parcel or within a building complex are required to conform to a sign program as described in Section 17.76.210 of this chapter.

[Figure: 17.76.150Fig8]

Figure 8. Multi-Tenant Sign

L. Murals. Murals for aesthetic purposes that will improve the character and design of the City of Portola are encouraged. All murals shall comply with the sign design regulations for permanent signs as described in Section 17.76.250 of this chapter.

M. Publicly-Owned Signs. The City of Portola or a public entity, as defined in this section, with a building located in the City of Portola may erect, own or maintain a publicly-owned sign as defined in this section. Publicly-owned signs are subject to the review and approval of the planning commission.

N. Residential Use. Signage for residential uses is allowed, except off-site signage and other signage specifically prohibited by the ordinance codified in this chapter. For the purposes of this chapter, a home occupation is not considered to be a residential use. No signage displaying a commercial message shall be permitted in a residential zone, except a home occupation sign approved through a conditional use permit for an approved home occupation. All residential signage must comply with all ordinances of this code, specifically, the zoning ordinance.

Off-site real estate signs are prohibited. Off-site directional signs to residential open houses are permitted during the hours of the open house.

All signs are to remain in good repair and are not to appear faded or tattered. Any signs that falls out of good repair may be removed by the city in accordance with Section 17.76.240.

Signage for residential uses must comply with the following standards:

[Figure: 17.76.150Fig9]

Figure 9. Residential Use (Single-Family and Multi-family Lot Signage)

1. Single-Family Lot Signage, Including Real Estate Signs.

a. Total sign area shall not exceed six square feet per lot.

b. Maximum total number of separate signs per lot is two.

c. The maximum allowable height of freestanding signs is five feet.

d. Signs shall not be located on public property and shall not create a traffic or pedestrian hazard.

e. Signs in the corner of a property on a corner lot shall not exceed thirty inches in height and shall not create a traffic sight obstruction or other traffic or pedestrian hazard.

f. Real estate signage is to be removed within seven days of the close of escrow of the property.

g. No sign permit is required for single-family lot signage.

2. Multifamily Lot Signage.

a. Total sign area shall not exceed two square feet per dwelling unit with an allowable combined site maximum of thirty-two square feet.

b. There shall be no more than two signs having a sign area greater than two square feet.

c. Signs shall not be located on public property and shall not create a traffic or pedestrian hazard.

d. Signs in the corner of a property on a corner lot shall not exceed thirty inches in height and shall not create a traffic sight obstruction or other traffic or pedestrian hazard.

e. No sign permit is required for multifamily lot signage.

3. Project Entrance Signage.

a. Project entrance signs are allowed in addition to signage allowed under subsection N. of this section.

b. Two signs are allowed per site entrance, each sign not to exceed thirty-two square feet and four feet high.

c. The signs must be designed as an integral part of a wall or fence or as a monument sign.

d. The signs must be placed within a maintained landscape area and within an acceptable easement or open space lot authorized for signage.

e. The signs must be placed at the main street intersection of the major entrances to the project in such a location as to not obstruct sight distance.

f. Signs may not be located in the public right-of-way.

g. A sign permit is required for project entrance signage.

[Figure: 17.76.150Fig10]

Figure 10. Project Entrance Signage

O. Roof Signs. Roof signs that comply with the most recent versions of the Uniform Building Code, Uniform Electrical Code and Uniform Sign Code, as verified by the city building official, are permitted.

Roof signs shall have a maximum height of six feet above the roofline of the structure and maximum sign area of sixty square feet. The roof sign must be compatible with the size and design of the structure and surrounding uses.

[Figure: 17.76.150Fig11]

Figure 11. Roof Sign

P. Time and Temperature Signs. A time and/or temperature sign, used as a public service sign, may be permitted in addition to the other signs allowed by this chapter.

The sign shall have a maximum height of twenty feet and a maximum sign area of one hundred square feet. The time and/or temperature sign must be compatible with the size and design of surrounding signs.

Q. Vehicle Signs. Vehicle signs are permitted so long as the vehicle is otherwise in conformance with the California Vehicle Code and Title 10 of this Municipal Code, and the vehicle is not blocking another business or pedestrian or vehicular traffic. A sign permit is not required.

R. Wall or Fascia Signs. Wall or fascia signs are intended to be the primary signage for most uses. No more than one wall or fascia sign shall be permitted per business on the front facade of the building. The sign shall not be placed to obstruct any portion of a window, doorway, transom or other architectural detail.

Channel letters or painted signs may be used as sign copy in a wall or fascia sign.

The maximum size of a wall sign, including a logo, shall be two square feet of sign area for each lineal foot of building frontage. Building frontage shall be measured along that side of building for which the sign is proposed. Said sign shall be no more than twelve inches in depth and shall be placed flush to the face of the building on which it is attached.

The length of the front wall sign may be up to seventy percent of the building frontage, to a maximum of fifty feet. An additional sign on a corner building with frontage on two public streets shall be permitted. The length of a side or rear wall sign may be up to fifty percent of the building frontage, to a maximum of thirty feet.

Said sign shall not be permitted to extend above the fascia line or coping line of the wall to which the sign is attached the building.

Maximum letter height for wall signs shall be as follows, based on building frontage length: (a) zero to thirty feet = eighteen inches; (b) thirty-one to sixty feet = thirty inches; (c) sixty-one to one hundred feet = forty-two inches; and (d) over one hundred feet = forty-eight inches maximum.

[Figure: 17-76-150fig12]

Figure 12. Wall or Fascia Signs

S. Window Signs. Window signs are permitted. A sign permit is not required.

(Ord. No. 339, § 1, 4-24-2013)

Temporary signs are permitted with a temporary sign permit as described in Section 17.76.100, unless specifically noted below. Temporary signs shall be no larger than six square feet in any shape, unless specified for a specific sign type below. A maximum of sixty square feet of temporary signage is permitted per parcel, including all temporary signs.

A. Temporary Sign Standards.

1. Temporary signs shall be no larger than six square feet in any shape, unless otherwise specified for a specific sign type.

2. The maximum height for any freestanding temporary sign is five feet, unless otherwise specified for a specific sign type.

3. Temporary signs shall not be placed on public property or in the public right-of-way (i.e., public streets, roads, walkways, alleys) including Caltrans right-of-way, unless specifically permitted in this chapter or an encroachment permit is obtained. A Caltrans encroachment permit is required for any sign proposed in Caltrans' right-of-way.

4. Temporary signs shall be securely affixed to the property on which they are placed.

5. All signage within the public right-of-way shall be self-supporting and freestanding, unless authorized through the issuance of an encroachment permit.

6. Permission of the owner or tenant in possession of that property where the temporary sign is placed shall first be obtained.

7. Temporary signs shall not be placed so as to interfere with utility poles, street trees, traffic control devices, fire hydrants, meter boxes or private- or publicly-owned signs.

8. Unless otherwise permitted, a temporary sign shall be removed no later than sixty days after it is erected, or seven days following the date of the event or activity to which the sign pertains, whichever occurs first.

9. The owner of the temporary sign is responsible for its removal. If the temporary sign owner fails to remove the sign within the time requirements stated in this section and if the sign is on private property not belonging to the owner of the sign, then it shall be the responsibility of the owner or tenant in possession and who granted permission for placement of the sign to remove the sign within the time requirements of this section.

10. The city reserves the right to remove any sign that does not comply with this chapter. 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 or his or her designee 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.

11. Temporary signs shall not interfere with public safety in any way and shall not obstruct pedestrians' or motorists' view of oncoming or crossing vehicular or pedestrian traffic at street intersections, alleys and driveways. Further, temporary signs in the corner of a property on a corner lot shall not create a traffic sight obstruction or other traffic or pedestrian hazard and shall not impeded the clear vision triangle. A clear vision triangle is a triangular-shaped portion of land located at a corner and intended to provide clear vision for vehicular and pedestrian traffic. Signs shall not exceed thirty inches in height, measured from the grade of the roadway, in the clear vision triangle. Signs shall not impede a pedestrian's free use of the sidewalk and shall be placed to maintain a minimum of four feet unobstructed access.

a. Commercial Clear Vision Triangle. The triangular area created by the diagonal connection of two points measured thirty feet back from the intersection of the prolongation of points measured along the front and corner street side back of curb.

b. Residential Clear Vision Triangle. The triangular area created by the diagonal connection of two points measured twenty-five feet along the front and seventy-five feet along the side of the property measured from back of curb.

12. Flags are not considered temporary signs and do not require a permit regardless of content. Any flagpoles permitted by the city manager shall be no greater than thirty feet in height and shall be set back a minimum of ten feet from all property lines. Flagpoles shall be subject to review of the city building official who may require the flagpole to be engineered.

13. Prior to posting any temporary sign in the public right-of-way, unless otherwise specified in this section, the private party responsible for the posting and maintenance of such signs, hereinafter referred to as the "responsible party", shall provide the following information to the code enforcement officer:

a. A sign permit application shall be filed with the planning department by the responsible party. This application shall be in a form as required by the city, and shall include a description of the sign(s) and the name, address and telephone number of the responsible party, and the erection and removal dates for the sign(s).

b. No permit is required for the posting of temporary signs on public property by the City of Portola.

B. Banner Signs.

1. A temporary sign permit is required.

2. Banner signs are permitted for commercial and industrial uses.

3. Banner signs may not exceed sixty square feet.

4. Banner signs are included in the total maximum square footage of temporary signage per parcel.

5. Banner signs containing commercial speech may be erected on private property and are not permitted in the public right-of-way.

6. Banner signs containing noncommercial speech are permitted to be erected in the public right-of-way (i.e., over the Gulling Street bridge) with an encroachment permit pursuant to Subsection 17.76.160.A.3. of this section. A Caltrans encroachment permit is required for any sign proposed in Caltrans' right-of-way.

C. Feather Signs.

1. A temporary sign permit is required.

2. Temporary sign permits are required to be updated annually.

3. Feather signs are permitted for commercial and industrial uses.

4. Feather signs are permitted to be installed for an indefinite period of time, so long as the temporary sign permit is updated annually, and the sign remains in good repair and does not appear faded or tattered. Any sign that falls out of good repair may be removed by the city in accordance with Section 17.76.240.

5. There shall be a maximum of two feather signs per business.

6. Feather signs are included in the total maximum square footage of temporary signage per parcel.

7. Feather signs may be erected on private property and are not permitted to extend into the public right-of-way.

8. Off-site feather signs are not permitted.

9. The city is not responsible for damage related to snow removal activities.

[Figure: 17-76-160Fig13]

Figure 13. Feather Signs

D. Freestanding Bracket Signs.

1. A temporary sign permit is required.

2. Temporary sign permits are required to be updated annually.

3. Freestanding bracket signs are permitted to be located on private property or in the public right-of-way. A Caltrans encroachment permit is required for any sign proposed in Caltrans' right-of-way.

4. If located in the public right-of-way, freestanding bracket signs shall be placed to maintain a minimum of four feet unobstructed access.

5. Freestanding bracket signs are permitted to be installed for an indefinite period of time, so long as the temporary sign permit is updated annually, and the sign remains in good repair and does not appear faded or tattered. Any sign that falls out of good repair may be removed by the city in accordance with Section 17.76.240.

6. There shall be a maximum of one freestanding bracket sign per business.

7. The freestanding bracket sign shall only be present during business hours.

8. The freestanding bracket sign shall be located on the street side of the thoroughfare.

9. The area surrounding the freestanding bracket sign shall be well-lit for safety.

10. The maximum square footage for any freestanding bracket sign shall be six square feet.

11. The business owner is responsible for pedestrian and vehicular safety and any damage associated with the freestanding bracket sign.

12. Off-site freestanding bracket signs are not permitted.

13. The city is not responsible for damage related to snow removal activities.

14. An encroachment permit is not necessary if all requirements for a freestanding bracket sign are met.

[Figure: 17-76-160Fig14]

Figure 14. Freestanding Bracket Sign

E. Garage Sale/Yard Sale Signs.

1. A garage sale/yard sale permit, pursuant to Section 17.34.020.C.2, is required for garage/yard sales held in the City of Portola. No separate temporary sign permit is required.

2. Garage sale/yard sale signs are permitted on private property or in the public right-of-way.

3. All signs shall be secure and properly weighted.

4. If located in the public right-of-way, garage sale signs shall be placed to maintain a minimum of four feet unobstructed access.

5. Signs must not be placed on public property (including, but not limited to street signals or other traffic control devices, utility poles, street trees, fire hydrants, meter boxes, and city fences).

6. The garage/yard sale sign may be placed up to twenty-four hours in advance of the sale and must be removed within twenty-four hours of the end of the sale.

7. An encroachment permit is not necessary if all requirements for the garage/yard sale sign are met.

F. Temporary Community Event Sign.

1. A temporary sign permit is required.

2. Temporary community event signs are permitted on private property, with property owner's permission, or in the public right-of-way. A Caltrans encroachment permit is required for any sign proposed in Caltrans' right-of-way.

3. If located in the public right-of-way, freestanding bracket signs shall be placed to maintain a minimum of four feet unobstructed access.

4. The maximum square footage for any freestanding bracket sign shall be six square feet.

5. The community event representative is responsible for pedestrian and vehicular safety and any damage associated with the freestanding bracket sign.

6. The city is not responsible for damage related to snow removal activities.

7. Signs may be placed ten days before the community event and must be removed within twenty-four hours following the end of the event.

8. Off-site temporary community event signage is permitted.

9. If the sign is located on private property, then the property owner is responsible to remove the sign within twenty-four hours following the end of the event.

10. If the sign is located in the public right-of-way, then the community event representative is responsible to remove the sign with twenty-four hours following the end of the event.

11. An encroachment permit is not necessary if all requirements for a freestanding bracket sign are met.

(Ord. No. 352, § 1, 11-28-2018; Ord. No. 339, § 1, 4-24-2013)

The following types of signs are not permitted in the City of Portola:

A. Inflatable signs or inflatable attention getting devices. Inflatable signs or other inflatable attention getting devices are not permitted, except for temporary signs permitted in Section 17.76.160 of this chapter.

B. Hazardous signs. Signs erected in a manner that a portion of their surface or supports will interfere with the free use of a fire escape, exit, or standpipe, or obstruct a required ventilator, door, stairway or window above the first story, or create other hazards.

C. Moving signs. Undulating, swinging, rotating or otherwise moving signs or similar devices in view of any street or highway, except for temporary signs permitted in Section 17.76.160 of this chapter.

D. Obscene signs.

E. Signs utilizing colored lights. Signs utilizing colored lights at any location, or in any manner, where they may be confused or construed as traffic control devices.

F. Signs emitting audible sounds, odors or visible matter.

G. Signs of any nature affixed to any public or tree, rock, or fire hydrant, street pole, light pole or similar structure, except for address and government signs.

H. Signs using words, colors, symbols or characters in a manner that interferes with, misleads, or confuses pedestrian or vehicular traffic and safety.

I. Temporary illuminated signs. Temporary illuminated signs, except for such temporary signs as permitted in Section 17.76.160 of this chapter.

(Ord. No. 339, § 1, 4-24-2013)

A. Cabinet (Can) Signs. Cabinet (Can) signs with translucent plastic faces and internal illumination, except as approved by the city manager or his or her designee or planning commission upon approval of a sign program.

B. Animated Signs. Animated, moving, flashing, blinking, reflecting, revolving or other similar signs or signs that incorporate these elements, except as approved as a changeable copy sign.

C. Internally Illuminated Awning or Canopy Signs. Awning or canopy signs that are internally illuminated except as approved by the city manager or planning commission.

E. Electronic graphic signs, except time/temperature signs as approved by the city manager.

F. Off-Site Commercial Signage. Off-site commercial signage is prohibited, except for community event signs as described in this section, an off-site business directory sign as described in this section, and off-site directional signs to residential open houses as described in this section.

G. Painted Signs. Painted signs on fences or roofs, except address signage and signage approved for institutional uses.

H. Pennants, Flags, and Windsocks. Pennants, flags, windsocks and similar signs except as allowed for temporary use under Section 17.76.160 of this chapter.

(Ord. No. 352, § 1, 11-28-2018; Ord. No. 339, § 1, 4-24-2013)

A. Authority to Continue. The use of any nonconforming sign may be continued so long as is otherwise remains lawful, subject to the regulations contained in subsections B—G of this section and is not an illegal sign as defined in Section 17.76.040.

B. Ordinary Repair and Maintenance. Normal maintenance and incidental repair or replacement of non-bearing sign elements and electrical wiring and fixtures may be performed on any nonconforming sign; provided; however, that any repair or replacement shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired or replaced and provided further, that this subsection B shall not be deemed to authorize any violation of subsections A—G of this section.

C. Alteration, Enlargement, Moving. No nonconforming sign shall be changed or altered in any manner that would increase the degree of its nonconformity; be enlarged or expanded; be structurally altered to prolong its useful life, be moved in whole or in part to any other location where it would remain nonconforming; or be altered so as to advertise or identify any use, activity, event, or circumstance other than the use, activity, event, or circumstance advertised and/or identified as of the date on which the sign become a nonconforming sign pursuant to this chapter. A change in sign message that does not otherwise violate the provisions of this section or this chapter shall be deemed to be prohibited by this section.

D. Alteration of Sign. A nonconforming sign that has been altered to eliminate its nonconformity, or any element of its nonconformity, shall not thereafter be changed to restore such nonconformity or nonconforming element.

E. Damage or Destruction. Any nonconforming sign damaged or destroyed, by any means, to the extent of thirty-five percent or more of its replacement cost new shall not be restored but shall be removed or brought into conformity with the provisions of this chapter.

F. Compliance or Removal. Any nonconforming sign that loses its status as a nonconforming sign pursuant to subsections A—E of this section shall be brought immediately into compliance with the provisions of this chapter. In the event it is not feasible to immediately bring the nonconforming sign into compliance with the provision of this chapter, the property owner shall submit a timeline for conformity or removal to the city manager or his or her designee. Such timeline shall be submitted within forty-eight hours. The timeline shall indicate that the nonconforming sign shall be brought into compliance or removed within thirty days.

G. Removal. Upon determination that a sign is nonconforming, the city manager or his or her designee will issue written notice to the owner or user of the sign or to the owner of the property on which the nonconforming sign is located, requiring conforming or removal therefore if unable to conform, subject to the provision of this subsection G. Every on-site sign becoming nonconforming as a result of this ordinance shall not be required to be removed, except as provided for in California Business and Professions Code Sections 5492, 5493, 5495 and 5497. Every off-site sign or billboard becoming nonconforming as a result of the ordinance from which this chapter derives, may be removed in accordance with the provisions of California Business and Professions Code Sections 5412, 5412.1, 5412.2 and 5412.3. Nothing in this chapter shall preclude any owner or user from voluntarily bringing a nonconforming sign into conformity at any time prior to the expiration of the removal period.

(Ord. No. 339, § 1, 4-24-2013)

A. The following types of businesses require a sign program and must meet the conditions therefore:

1. Single-business. A sign program is required when the city manager determines that special project characteristics exist. Special project characteristics may include, but are not limited to, the large size of proposed signs, limited site visibility, the existence of a business within a business, and a site's proximity to major transportation routes.

2. Multi-tenant Building or Building Complex. A sign program is required when two or more separate tenant spaces are to be created within the same building or building complex.

B. Sign Program Approval. The sign program can be approved through the granting of a sign permit, as directed by the city manager or his or her designee or the planning commission.

C. The sign program shall comply with the purpose of this chapter, sign design regulations as described in Section 17.76.250, and the overall intent of this section.

D. The signs shall enhance the overall development of, be in harmony with, and relate visually to other signs included in the sign program, to the structures and or developments they identify and to surrounding developments.

E. The sign program shall accommodate future revisions that may be required because of changes in use or tenants.

F. The sign program shall comply with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location and/or height to the extent that the sign program will enhance the overall aesthetic development of the city and accomplish the purposes of this chapter.

G. Revisions to the Sign Program. Revisions to the sign program may be approved by the city manager if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new sign program.

(Ord. No. 339, § 1, 4-24-2013)

When a sign is removed or replaced, all brackets, poles and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.

(Ord. No. 339, § 1, 4-24-2013)

Any violations of this chapter shall be subject to the enforcement remedies and penalties provided by this chapter, the City of Portola Zoning Ordinance, the City of Portola Municipal Code, and by state and federal law. Each day each sign is placed in violation of this chapter shall constitute a separate misdemeanor violation of this chapter. It shall be a misdemeanor to place, fail to remove or maintain any sign without a permit if a permit is required by this chapter. It shall also be a violation to place, fail to remove or maintain any sign in violation of this chapter. The city may pursue enforcement of this chapter by seeking criminal penalties of up to six months in county jail and/or a fine of up to one thousand dollars, nuisance abatement, injunction, or other remedies available by law. All such penalties may be cumulative.

A. Criminal Enforcement. It is illegal to use, occupy or maintain signs in violation of this chapter. Any violation or failure to comply with the provisions of this chapter shall render a person guilty of a misdemeanor each day the violations exist, and any such person shall be published in accordance with the provisions of the City of Portola Municipal Code or other remedies provided by law.

B. Administrative Remedies. In addition to the criminal penalties prescribed in subsection A. of this section, other remedies as prescribed in the City of Portola Municipal Code may be imposed for violations of this chapter.

(Ord. No. 339, § 1, 4-24-2013)

A. Nuisance Declared and Prohibited. All illegal signs are hereby declared to be a public nuisance. It shall be unlawful for any person to place an illegal sign located on any property in the City of Portola.

B. Notice of Illegal Signs. Whenever an illegal sign is found to exist, the city manager or his or her designee shall cause notice of such nuisance ("illegal sign notice") to be served upon: (i) the owner and the occupant of the property where the illegal sign is located; and (ii) the holder of the relevant sign permit (collectively the "notice recipients"). The illegal sign notice shall be sent either by certified mailing with return receipt requested, or by personal delivery. In the illegal sign notice, the city manager or his or her designee shall order the notice recipients to abate the nuisance within the applicable period of time set forth below (the "response period"):

1. For permanent illegal signs, within fourteen days after recipient's receipt of or personal delivery of the illegal sign notice;

2. For temporary illegal signs, within forty-eight hours after recipient's receipt of or personal delivery of the illegal sign notice; or

3. For signs that are unsafe or insecure or otherwise constitute an immediate danger to public health or safety, immediately upon receipt of the illegal sign notice.

C. Additional Content of Illegal Sign Notice. The illegal sign notice shall also include the following information:

1. Notification to the notice recipients that unless the nuisance is abated within the response period, the city may proceed to abate the nuisances, assess all direct and indirect costs and expenses incurred in connection therewith, including the cost of collection ("abatement costs"), jointly and severally against the notice recipients, and pursuant to and to the fullest extent provided by California law, impose a lien for the abatement costs on the property on which the illegal sign is located;

2. A copy of this chapter and identification of the illegal sign and the property on which the illegal sign is located; and

3. Be personally served or sent by registered mail to each of the notice recipients.

D. Right of Entry. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the enforcement officer has reasonable cause to believe that there exists any sign or a condition which makes such sign unsafe, abandoned, illegal or nonconforming, the enforcement officer may petition the court to enter the lot, building or premises on which such sign is located at all reasonable times to inspect the sign or to perform any duty imposed by this chapter.

E. Opportunity to Abate Nuisance. Within the response period, the notice recipients shall cause the nuisance to be removed or otherwise abated. If the notice recipients neglect or refuse to abate the nuisance as required by the illegal sign notice, the city manager shall promptly employ such city resources as are necessary to abate or remove the nuisance. If the city manager causes the abatement or any nuisance, the abatement costs shall be assessed jointly and severally against the notice recipients.

F. Special Lien Authorization. In the event that the abatement costs incurred by the city to abate the public nuisance pursuant to this section are not paid in full upon billing, the city clerk may, pursuant to and to the fullest extent provided by California law, file a lien for any unpaid abatement costs against the property on which any such public nuisance is located.

(Ord. No. 339, § 1, 4-24-2013)

A. Design Compatibility and Appearance. Because residential and commercial uses generally exist in close proximity, signs will be designed and located so that they have little or no impact on adjacent residential uses, as approved by city staff. All types of signs should be compatible with the building and existing signage. Signs should complement the architecture of the building and should be constructed with similar building materials as the building, when applicable.

B. Color. Color is one of the most important aspects of signage. Colors can be used to catch the eye or to communicate ideas or feelings. Colors should be selected to contribute to legibility and design integrity. Even the most carefully thought-out sign may be unattractive because of poor color selection. Too many colors used thoughtlessly can confuse and negate the intent of a sign.

Contrast is an important influence on the legibility of signs. A substantial contrast should be provided between the color and material of the background and the letters or symbols to make the sign easier to read in both day and night. Light letters on a dark background or dark letters on a light background are most legible.

Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs should be avoided. Small accents of several colors may make a sign unique and attractive, but the competition of large areas of many different colors often decreases readability. Sign colors should complement the colors used on the structures and the project as a whole.

It will be necessary to prepare a color board as an attachment to the sign application as described in subsection 17.76.060.B.6 of this chapter.

C. Creative Design. Creatively designed signs are encouraged. Signs should make a positive contribution to the general appearance of the street and commercial area in which they are located. A well-designed sign can be a major asset to a building. The city encourages imaginative and innovative sign design.

D. Materials. All signs shall be of sufficient durability to prevent rapid deterioration. Temporary sign materials for permanent signs are prohibited. The following sign materials are encouraged to ensure an aesthetically-pleasing sign:

1. Wood (carved, sandblasted, etched and property sealed, primed and painted or stained).

2. Metal (formed, etched, cast, engraved and property primed and painted or factory-coated to protect against corrosion).

3. High-density pre-formed foam or similar material. New materials may be very appropriate if properly designed in a manner to be consistent with the approved sign design, and painted or otherwise finished to compliment the architecture.

Sign materials should be compatible with the design of the facade where they are placed. The selected materials should contribute to the legibility of the sign. For example, glossy finishes are often difficult to read because of glare and reflections. Furthermore, the selected materials should complement the architecture of the building and building materials.

Paper and cloth signs are not suitable for exterior use (except on awnings and canopies) because they deteriorate quickly. Paper and cloth signs are appropriate for interior temporary use only. The use of interior signs on paper or cloth should be the result of careful thinking about readability and the image of the business.

E. Size and Scale. The scale and size of signs should be proportionate and appropriate for the building on which they are placed and the area in which they are located.

F. Sign Legibility. An effective sign should do more than attract attention. It should communicate a message. Usually, this is a question of readability of words and phrases. The most significant influence on legibility is lettering.

Signs should be smaller in scale if they are oriented to pedestrians. The pedestrian-oriented sign is usually read from a distance of fifteen to twenty feet; whereas the vehicle-oriented sign is viewed from a much greater distance. The closer a sign's viewing distance, the smaller that sign need be. For example: The minimum character size for an intended viewing distance of: (a) ten feet = one inch; (b) twenty feet = one and a half inches; (c) thirty feet = two inches; (d) forty feet = two and a half inches; and (e) fifty feet = three inches.

Letters and words should not be spaced too close together. Crowding of letters, words, or lines will make any sign more difficult to read. Conversely, over-spacing these elements causes the viewer to read each item individually, again obscuring the message. As a general rule, letters should not occupy more than seventy-five percent of sign panel area.

Use individual letters. As an alternative to an attached sign, lettering may be painted directly on the building façade. However, signs should not be painted directly over ornamental and architectural features or over brick and stone surfaces of buildings.

The number of lettering styles should be limited on order to increase legibility. A general rule to follow is to limit the number of different letter styles to no more than two for small signs and three for larger signs. Intricate typefaces and symbols that are difficult to read reduce the sign's ability to communicate. Handwritten and stencil signs for businesses are subject to the design standards contained in this chapter.

Symbols and logos can be used in place of words wherever appropriate. Pictographic images will usually register more quickly in the viewer's mind than a written message.

Illuminated signage specifications. Use illumination only if necessary. Consider if the sign needs to be lighted at all. Lights in the display window may be sufficient to identify the business. This is particularly true if good window graphics are used. Often, nearby streetlights provide ample illumination of a sign after dark.

Back-lighted, solid letters are encouraged. Signs consisting of opaque individually cut letters mounted directly on a structure can often use a distinctive element of the structure's facade as a backdrop, thereby providing a better integration of the sign with the structure.

Address signage should be illuminated to increase safety and visibility.

(Ord. No. 339, § 1, 4-24-2013)