Article IX — Nonconforming Signs and Uses

Subject to the provisions of this section, signs for a legal nonconforming use as defined in the Planning and Development Code of the city are allowed. Signs for a legal nonconforming use shall be deemed to comply with the provisions of this chapter if they comply with the sign regulations for the most restrictive zoning district which permits the nonconforming use as an allowed use. Such signs shall be allowed only so long as the nonconforming use is allowed. Any such sign legally existing on April 4, 1970, but which does not comply with the regulations of this chapter shall be deemed to be a nonconforming sign under the provisions of this chapter and shall be subject to alteration or removal in accordance with the provisions of Section 15.148.790 of this chapter. Notwithstanding any provision to the contrary herein, no new or additional detached sign after April 4, 1970, for a nonconforming use shall be allowed. The owner of the property on which the sign is located shall have the primary responsibility for removing the signs required to be removed or altered under this article. (Ord. 2016-0010 § 33; Ord. 2013-0021 § 68; prior code § 3.10.180)

A. At no cost to the city, signs existing in 1970 and rendered nonconforming by Ordinance No. 2868 shall be removed, or altered so as to comply with the provisions of this chapter, within the following time limits:

1. Within one year from the effective date of Ordinance No. 2868:

• a. Canvas signs, banners, flags, pennants, streamers, bunting and wind signs;

• b. "A" frame signs, portable signs on advertising vehicles;

• c. Statuary or representative figures used for advertising purposes;

• d. Signs emitting sound, odor, or visible matter and exposed neon tubing, incandescent lighting or other artificial lighting or an equivalent effect used for the purpose of outlining a building.

2. Within three years after the effective date of Ordinance No. 2868:

• a. Animated signs;

• b. Moving signs, except as otherwise provided in Section 15.148.290 of this chapter.

3. Within ten (10) years from the date such signs were erected, or within five years from the effective date of Ordinance No. 2868, whichever occurs last:

• a. Off-site signs or billboards in zones where not allowed;

b Off-site signs or billboards in civic improvement districts, in accordance with the provisions of prior code Section 3.12.205;

• c. Roof signs except as otherwise provided in Section 15.148.300 of this chapter;

• d. Signs in excess of the number specified by Ordinance No. 2868;

e. Sidewalk clocks.

4. Any off-site sign or billboard existing on the effective date of Ordinance No. 2868 which is within six hundred sixty (660) feet of a freeway and the copy of such sign is readily visible by persons traveling on such freeway, shall, without cost to the city, be removed within ten (10) years from the effective date of Ordinance No. 2868 or within three years from the date when the project for the landscaping of a section or sections of a freeway shall have been completed and accepted, whichever is earlier.

B. Off-site signs and billboards existing on October 29, 1981, and rendered nonconforming by Ordinance No. 81-093, may remain. However, the structure of such signs may not be modified or replaced except as otherwise provided in this chapter. (Ord. 2016-0010 § 34; prior code § 3.10.181)

Upon the effective date of the ordinance codified in this article, the director of building inspections shall compile a list of signs in existence on the effective date of the ordinance codified in this article which are required to be removed or altered so as to comply with the provisions of Section 15.148.790 and this chapter. The list shall include all signs other than the signs described in Section 15.148.790(A). Upon the completion of such list the director of building inspections shall notify by mail the owners of property upon which such signs are located that compliance with this article is required within the time limit specified. For the purpose of notification, the last known name and address of the owner or owners of the property involved shall be used as shown on the last equalized assessment roll. Notification of the owners of the property involved shall be deemed to be notification of the owners of the signs involved, unless the name and address of the owner of the sign appears thereon, in which event notice will be sent to such sign owner. Notwithstanding any provision to the contrary herein, failure to notify the owner of the property or sign or the failure of such owner to receive such notice shall not relieve such owner of the duty to comply with the provisions of Section 15.148.790 or of this chapter. (Prior code § 3.10.182)

Any sign which becomes nonconforming subsequent to the effective date of the ordinance codified in this chapter, either by reason of annexation to the city of the territory upon which the sign is located, or the amendment of this chapter, the Planning and Development Code, or other provision of this code so as to render such sign nonconforming shall be subject to the provisions of this article. The period within which such sign must be removed shall commence to run upon the effective date of the annexation, amendment or the date upon which the sign otherwise becomes nonconforming. (Ord. 2016-0010 § 35; Ord. 2013-0021 § 69; prior code § 3.10.183)

A. Purpose. The purpose of relocation agreements approved pursuant to this section is to allow for the removal and relocation of existing, nonconforming, off-site signs to new and different locations, and to enable the substitute of off-site signs meeting modern standards for such existing, nonconforming, off-site signs. For purposes of this section: (1) "off-site sign" and its variants includes "billboards"; and (2) "relocation" includes the removal of existing nonconforming, off-site signage and the construction of new replacement off-site signage or alteration of existing off-site signage, subject to compliance with the requirements of this section.

• B. Off-Site Signs Pursuant to Relocation Agreement. Notwithstanding provisions of this chapter to the contrary, a new or relocated off-site sign that does not comply with all of the requirements of this chapter may be allowed pursuant to a relocation agreement approved by the city council pursuant to this section, subject to the requirements and procedures set forth below.

C. Applicability. Any legal, nonconforming off-site sign may be considered as a candidate for relocation pursuant to a relocation agreement as provided in this section. Such off-site signs may be relocated to a new site or relocated on the present site only in accordance with this section.

• D. Procedure. Relocation agreements shall be approved by the city council. Applications for relocation agreements shall be noticed and heard before the planning and design commission and city council in the same manner as applications for city council approved conditional use permits are noticed and heard pursuant to the Planning and Development Code.

• E. Application-Property Owner's Consent or Indemnity. To the extent the applicant is not the owner of the property on which the nonconforming, off-site sign proposed for relocation is located, or is not the owner of the property to which the nonconforming, off-site sign will be relocated, the applicant shall, either at the time of application, either provide documentation of the consent of the owner(s) to the application or, agree to indemnify the city against any and all claims from owner(s) concerning the processing and approval, should approval occur, of the relocation agreement application.

• F. Requirements for Relocated Off-Site Signs. The off-site sign(s) approved for relocation pursuant to a relocation agreement under this section shall comply with the requirements of this chapter for off-site signs, except as specifically provided below:

1. Size. The maximum size of an individual off-site sign relocated pursuant to a relocation agreement shall not exceed seven hundred (700) square feet;

2. Distance Between Off-Site Signs. Except as prohibited by the California Outdoor Advertising Act, and notwithstanding Section 15.148.160(B), off-site signs may be located at or greater than two hundred fifty (250) feet from another off-site sign on the same side of the street; and to the extent an off-site sign is located on one street but is oriented to be viewed from another street, no such sign shall be located nearer than two hundred fifty (250) feet to any other off-site sign on the same side of the street on which it is located or any other off-site sign located on the nearest side of the street to which said sign is oriented.

3. Zoning. Relocated off-site signs shall be allowed in the C-4, M-1 and M-2 zones; provided that lawfully existing, nonconforming off-site signs located in other zones may be altered, modified or replaced in the same location pursuant to a relocation agreement, provided that all of the other provisions of this section are satisfied.

4. Reduction in Number of Signs and Square Footage. No relocation agreement shall be approved unless the relocation agreement results in: (a) a net reduction in the number of off-site signs lawfully allowed; and (b) a net reduction in the total square footage of off-site signage lawfully allowed.

5. Signs Within Six Hundred Sixty (660) Feet of a Freeway. Notwithstanding Section 15.148.850, a relocation agreement may be approved even though it would result in the relocation of a sign or signs to a location within six hundred sixty (660) feet of a freeway where the copy of such off-site sign would be visible by persons traveling on that freeway.

6. Consistency with Outdoor Advertising Act. In addition to complying with the other requirements set forth in this section, the relocated off-site sign must also comply with the requirements of the Outdoor Advertising Act, Chapter 2 in Division 3 of the California Business and Professions Code, including, but not limited to, the restrictions on size, height, proximity to interstate and primary highways and landscaped freeways, and other regulations set forth in Articles 7 and 8 of the Act. To the extent any conflict arises between this section and the Outdoor Advertising Act, the Outdoor Advertising Act will prevail.

• G. Findings. A relocation agreement may be approved if the council makes the following findings concerning the signage proposed for relocation pursuant to the relocation agreement;

1. The relocated signage complies with the purpose and requirements of this section and this chapter;

2. The relocated signage is compatible with the uses and structures on the site and in the surrounding area, including parks, trails and other public facilities and amenities;

3. The relocated signage will not interfere with on-site access, circulation or visibility;

4. The relocated signage will not create a traffic or safety hazard;

5. The relocated signage will not result in any undue or significant increase in visual clutter in the area surrounding the new site.

• H. Removal of Existing Off-Site Sign. The off-site sign(s) approved for relocation must be removed from the original site(s) prior to construction or installation of the off-site sign(s) authorized by the relocation agreement. (Ord. 2016-0010 § 36; Ord. 2014-0017 § 2; Ord. 2013-0021 § 70; Ord. 2010-011 § 2; Ord. 2002-005 § 1, 2002)