Rosemead Municipal Code § 17.116.030 General provisions, standards and controls

The regulations contained in this chapter are intended to promote the health, safety and welfare of the City by regulating existing and proposed signs of all types. The specific goals of this chapter are to improve the visual, aesthetic and economic environment of the City through:

A. Controlling the size, type and locations of signs in every zone;

B. Providing reasonable periods of amortization for existing signs declared nonconforming by the enactment of this chapter;

C. Creation of a plan for amortization and removal of signs which, because of their size, location or construction, have an adverse effect upon the residential, economic and general aesthetic environment in the City; and

D. Encouraging the upgrading of existing signs to conform with the requirements set forth hereinafter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

For the purpose of this chapter, words, terms and phrases are defined, and shall be deemed to have the meaning ascribed to them herein, as follows:

"Billboard" means a structure of any kind or character erected or maintained by a State-licensed outdoor advertising company for outdoor advertising purposes which:

1. Solicits public support or directs public attention to the sale, lease, hiring or use of any objects, products or services not produced, sold or otherwise available on the premises where such advertising sign is erected and maintained; or

2. Contains a visual message to the general public concerning candidates for public office, matters relating to elections, or any public service announcement.

"Building Directory Sign" means any sign which serves the limited purpose of identifying the name, address and lawful use of the premises upon which it is located and sets forth no other advertisement.

"Flag (Vertical) Sign" means a sign attached to the exterior wall of a building with the face area in a vertical plane to the plane of the exterior wall. Such sign to be a directory-type indicating only the name of the business and use conducted by the tenant.

"Freestanding Sign" means any sign not attached or supported by any other structure.

"Freeway" means a highway to which the owners of abutting lands have no right or easement of access to or from their abutting lands, and which is declared to such in compliance with the Streets and Highways Code of the state of California.

"Monument Sign" means a low profile sign, which is an integral part of a landscaping plan, located between a building or street setback line and a street property line for identification purposes, and having a solid base support.

"Roof Sign" means any sign erected on the roof of any building solely for the purpose of advertising the goods and/or services available within such building.

"Sale, Lease or Rent Sign" means any sign advertising the premises for sale, lease or rent.

"Sign" means any device used for visual communication or attraction, including, but not limited to, any announcement, declaration, demonstration, display, illustration, insignia or symbol used to advertise or promote the interest of any person or business, together with all parts, materials, frame and background.

"Sign Area" means the total surface area of a sign, defined as that total area enclosed within a plane or solid figure created by enclosing the sign within imaginary lines in such a manner as to result in plain parallelograms for the surface area of simple two-dimensional signs and solid figure created by plain parallelograms either joined at the extremities of each plane, or by parallel lines joining the extremities in each plain parallelogram. This will result in a solid figure enclosed by plain parallelograms. The surface area is to be computed by adding the area of each plane surface that contains any visual communications as specified in the definition of "sign" above.

"Temporary Sign" means a sign which is intended or designated to advertise community or civic projects, construction projects, rent, sale or lease, or matters relating to elections, sales by merchants, special holidays or other special events on a temporary basis. Such temporary sign shall not be permanently affixed to a building. All temporary signs must be removed within ten (10) days after the conclusion of the event which they advertise.

"Wall Sign" means any sign attached to or erected on the exterior wall of a building or structure with the exposed face of sign in a plane approximately parallel to the plane of the exterior wall, such sign to be of a limited directory type indicating only the name of the business and the use conducted by the tenant.

"Window Sign" means any sign exposed to public view through a window or attached, painted or pasted, in either permanent or temporary form, on the exterior or interior of a window. Window signs shall be permitted in any zone except residential, and shall cover no more than fifteen (15) percent of any window.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Signs shall not be permitted in the various zones except as expressly permitted by this chapter, and signs so permitted shall be subject to all standards and regulations in this chapter. Unless specifically provided therein, the Garvey Avenue Specific Plan signage standards established in this Title under Chapter 17.21 within the Specific Plan area shall take precedence over this Chapter.

A. Nature of Copy. No sign of any kind shall be permitted to advertise or display an unlawful act, business or purpose.

B. Illumination and Movement. Illumination signs shall be located, and light sources shielded to prevent glare, annoyance or hazard to the public or neighboring properties.

1. Signs may be internally or indirectly lighted.

2. No blinking or flashing signs shall be permitted in any zone, except for time and temperature signs.

C. Height of Sign Permitted. Maximum height of freestanding and roof signs in any commercial or industrial zone shall not exceed thirty-five (35) feet above grade level of the adjoining public walk.

D. Projecting Signs Prohibited. Signs projecting out over the building line or public right-of-way are prohibited, except projecting flag (vertical) signs.

E. Flag Signs - Projection Over Right-of-Way. Clearance above grade less than eight feet: no projection is permitted. Clearance above grade over eight feet: one inch of projection is permitted for each additional inch of clearance, provided that no such projection shall exceed a distance of four feet.

F. Permits. All signs shall be established under a valid building permit in accordance with fire and building code regulations.

G. Maintenance. All signs shall be maintained in good condition and repair and shall pose no hazard to public safety statutes, standards and ordinances.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

The provisions in this chapter shall not apply to the following signs except as otherwise indicated herein:

A. Official notices issued by any court, public body or public officer;

B. Notices posted by any public officer in performance of a public duty, or by any public agency, to give legal notice;

C. Traffic, directional, warning or information signs required or authorized by law or by the federal, state or municipal authority, including directives of the Public Utilities Commission;

D. Official signs used for emergency reasons;

E. Temporary signs displaying political election campaign material or signs advertising community events, provided that such signs meet all size requirements contained in this chapter and are removed within two working days after the event or election.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A. Signs that create a safety hazard to pedestrian and vehicular traffic;

B. Any ground or roof sign if the proposed sign would adversely affect access to air, light or visual corridors by adjacent residential property;

C. Any portable, folding, A-frame or box sign, or similar signs on rollers, casters or otherwise designed to be portable;

D. Signs on any utility poles, traffic sign posts, traffic signals, or signs on any parkway or sidewalk, except for freestanding signs on public property located in redevelopment project areas (though the signs may remain after redevelopment of the project area has been completed), are within two hundred (200) feet of property zoned P-D and within seventy-five (75) feet of the Interstate 10 (San Bernardino) Freeway, the physical characteristics, including, but not limited to, height and total area of which are subject to the approval of the City Council;

E. Freestanding signs displayed from trucks, autos, trailers or other vehicles except public buses;

F. Revolving and/or flashing signs.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Signs in all R (residential) zones shall be designed and located in a manner which does not interfere with adjoining residential uses, and which assures general aesthetic controls for a harmonious residential and visual environment in the surrounding neighborhood. Those signs permitted in R (residential) zones shall be:

A. Sale, Lease or Rent Signs. One sign not to exceed seven square feet in sign area.

B. Temporary Signs During Construction. One temporary sign, not to exceed sixteen (16) square feet in area, giving the names and other pertinent information of the architects, contractors and engineers of the project during any construction period. Such signs may be erected on the date the building permit is issued, and must be removed not later than fifteen (15) days after notice of completion is filed or occupancy granted.

C. Identification Signs.

1. Single and Duplex Dwelling Structures. One sign per dwelling, not to exceed ten (10) square feet in area, and displaying only the name of the property owner or occupant of the dwelling, and the address.

2. Identification Signs for Multiple Dwelling Structures. One sign not to exceed an area of fifteen (15) square feet. Any pylon or freestanding sign shall not exceed a maximum height of six feet or project into a public right-of-way, nor project above the roof line.

D. Subdivision Signs. Subdivision signs for the limited purpose of advertising the existence and availability of new single-family, duplex or multiple-family dwellings in an approved subdivision, may be erected on property included within the approved subdivision. Such signs shall not exceed a maximum size of six feet by twelve (12) feet and an area of seventy-two (72) square feet, nor a maximum height of twenty (20) feet measured from the adjacent grade level to the top of the sign.

1. Removal of Subdivision Signs. The developer, upon receiving approval of any subdivision, shall agree, in writing, to remove all signs from the tract within fifteen (15) days after the close of escrow on the last lot on which the signs are located, and shall grant the City the right to enter upon the property and remove the signs upon the expiration of the fifteen (15) days and failure to have removed the signs. The developer shall bear all costs and liability for City removal and disposal of the signs by posting a bond or providing other appropriate guarantee to performance.

2. Lighting. Subdivision signs may be lighted by internal or indirect lights.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

All commercial and industrial zones shall have controls and limitations placed upon sign design and location to minimize visual discontinuity created by large numbers of signs spaced in irregular patterns. Spacing, design and size requirements are intended to promote an attractive commercial environment without vehicular distractions, visual disorder, or economic effect on surrounding properties. Those signs permitted in commercial and industrial zones shall be:

A. Building Directory Signs. One exterior sign at each building entrance, such sign not to exceed ten (10) square feet in area.

B. Exterior Wall Signs. Exterior wall signs may cover no more than twenty-five (25) percent of any front, side or rear wall of a main building or structure.

C. Roof Signs.

D. Flag (Vertical) Signs. One flag sign for each structure or building.

E. Freestanding Signs.

1. Number. The number of freestanding signs for each property shall be determined by the number of linear feet the property has along the street from which its address is derived. The number of signs shall be based upon the following formula:

2. Size. The total area of any freestanding or roof sign (as defined in Section 17.116.020 shall not exceed:

F. Miscellaneous Signs. All signs permitted in the R (residential) zones as set forth in Section 17.116.060.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The following regulations shall apply to on-premises signs in the City:

A. All commercial, industrial and professional office on-premises signs shall identify the type of business (e.g. "restaurant," "market") in the English language.

B. All commercial, industrial and professional office locations shall have required street numbers in Arabic numerals.

C. The signage required in subsections A and B of this section shall be no less than four inches in height and shall be visible from the street for a distance of at least fifty (50) feet.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

All signs in the P-D, P-O, and R/C MUDO zones are subject to the following sign provisions and are regulated thereby:

P-D zone: Chapter 17.24 (Section 17.24.040.I)

P-O zone: Chapter 17.16 (Section 17.16.030.B.1.b)

R/C MUDO zone: Chapter 17.28 (Section 17.28.030.D.18)

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Because billboards create visual blight, visual distraction to motorists, unsightliness and impairment of the economic environment for residential and commercial uses throughout the City, development of new billboards is expressly prohibited in any zone within the City.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

To provide for an amortization period for existing billboards and a term of years for the phasing out of existing boards, all existing billboards shall be subject to the amortization periods set forth in this chapter, unless, as of December 1, 1979, such billboard was:

A. Erected with a valid building permit or pursuant to preexisting regulations of the county of Los Angeles; and

B. Constructed to a face width of at least twenty-five (25) feet and face height of at least twelve (12) feet.

The owners of billboards qualifying under the provisions of subsections A and B of this section may elect to rehabilitate their billboards to the standards set forth in Section 17.116.120 and, upon successful completion of such rehabilitation, become exempt from the period of amortization set forth in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

All billboards existing as of December 1, 1979, shall be rehabilitated to the following standards on or before December 31, 1980.

A. Aesthetic Standards.

1. Face Width: twenty-five (25) feet.

2. Face Height: twelve (12) feet.

3. Bottom Edge: Not less than fifteen (15) feet from the ground. But in no event to exceed the dimensions in existence on December 1, 1979.

B. Structural Standards.

1. All supports shall be of metal structure, freestanding systems, and shall not be attached to or supported by the roof or sides of any structure.

2. No billboard shall project onto any portion of the public right-of-way.

3. The rear of any single face board shall have a solid back of metal and shall remain painted and in good repair at all times or shall have a second conforming face for advertising display.

4. The name or insignia of the owner of each billboard shall be displayed on the front of each billboard.

5. All billboards shall be maintained in good condition and repair and shall pose no hazard to public safety.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

All existing eight-foot by nine-foot size wooden billboards shall be completely removed by their owners within the time allowed by that certain agreement dated September 11, 1984, between Independent Out-door Advertising, Inc., and the City.

Such signs may be replaced in accordance with that certain agreement by the placement of single-faced six-foot by 12-foot stainless steel nonilluminated signs at the following locations only:

8640 E. Garvey Avenue FW, single face

8724 E. Garvey Avenue FW, single face

8905 W. Garvey Avenue FW, single face

2708 N. San Gabriel Blvd. FN, single face

9430 Valley Boulevard FW, single face

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A. Billboards not in conformity with the standards of Section 17.116.130 on December 31, 1978, shall be subject to the amortization terms set forth in this chapter.

B. Billboards conforming to the standards of Section 17.116.130 on December 31, 1980, shall be exempted from the amortization provisions of this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A. A nonconforming sign may be replaced only by a conforming sign. Alteration of a nonconforming sign shall be permitted only to decrease or abate the nonconformity. Nothing in this section shall preclude repair for normal maintenance of a sign.

B. No signs may be added to an occupancy with a nonconforming sign unless all signs associated with such occupancy are made conforming.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Upon determination by the Community Development Director that a particular use, structure or sign is nonconforming, the following procedure shall be employed:

A. Notice. Notice shall be directed, in writing, to the owner of the subject property and the lessee, if known, that a public hearing will be held before the Commission to determine if the use, structure or sign is nonconforming and, therefore, considered a public nuisance, injurious to neighboring properties and to the health and welfare and environment of the city. The notice shall be mailed not less than ten (10) days before the public hearing. In the case of a nonconforming sign, the notice shall be directed to the owner of the sign, if known, and to the owner of the land.

B. Procedure at Hearing. The procedure to be employed by the Commission and rights of appeal therefrom shall be set forth in Article 6.

C. Decision. If the Commission finds that the use, structure or sign does not conform to the provisions of this Code, and that the period of continuation of such use, structure or sign has expired, the Commission shall order repair, alteration, correction or removal of such structure, sign or use within thirty (30) days of mailing a copy of its decision to the owners.

D. If the owner of the land, lessee, the owner of the sign or structure, or other responsible party fails or refuses to repair, correct, demolish or discontinue a use, sign or structure declared to be nonconforming and a nuisance pursuant to subsections A and C of this section, and such correction, repair, discontinuance or demolition is not performed within thirty (30) days of the mailing of the notice set forth in subsection C of this section, the City may order such work be done by, and the costs therefor, assessed against the owner of the land and becoming a lien on such property by operation of law.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A. Any illegal sign in the public right-of-way may be removed by the city.

B. No notice shall be required prior to removal of illegal signs, including without limitation elections signs, in the public right-of-way.

C. Any sign removed by the city, except any sign of de minimis value, shall be held in storage and the owner or other person in control of such sign, if the owner or other person in control of such sign is identified, shall be given written notice and ten (10) days to reclaim such sign. In the event the City is not able to identify the owner or person in control of such an illegal sign, no notice is required.

D. Any sign held in storage by the City may be destroyed by the City if not reclaimed:

1. In the time period set forth in subsection C of this section; or

2. Within ten (10) days after the removal if the owner or other person in control of such sign is not known.

E. In order to reclaim a sign removed by the city, the owner or other person in control of such sign shall first pay to the City a fee as set forth in a resolution adopted by the City Council.

F. Any illegal sign in the public right-of-way of de minimis value shall be deemed to be abandoned and may be destroyed by the City after removal. No opportunity to reclaim such sign shall be given by the city.

G. For purposes of this section, any sign made of cardboard or other nondurable material shall be deemed to be of de minimis value.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A. Each of the following persons is pre-sumed to be responsible for the posting of an illegal sign, including without limitation an election sign, on public property:

1. Any person whose name appears on the sign; and

2. The promoter or sponsor of an event named on the sign; and

3. Any person retained to post or distribute such signs.

B. More than one person may be deemed responsible for the placement of the same sign.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A. All persons responsible for an illegal sign posted on public property, as well as any person who actually posted the sign, shall be jointly and severally liable for the costs of the City for the removal of such sign from public property. Such charges shall be in addition to all other legal remedies, criminal, civil and administrative, which may be pursued by the City to address any violation of this Code.

B. A bill of charges shall be served upon a responsible party by the director of the department which removed the sign.

C. The total amount of the bill of charges shall be deemed to be a civil debt to the City and the City may take such action to recover such charges as the City is authorized to do by law for the recovery of a civil debt.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A. The bill of charges shall include a notice of the right of the person being charged to request a hearing before the City Manager to dispute the imposition of the charges.

B. Any request for a hearing to dispute the imposition of charges must be in writing and received by the office of City Manager within ten (10) days of the date of service of the bill of charges, and shall include a statement of the reasons and grounds upon which the dispute is based. The office of the City Manager shall conduct the hearing on disputed charges within twenty (20) days of the receipt of the request for hearing.

(Ord. No. 931, § 5(Exh. A), 10-22-13)