Salinas Municipal Code Div. 3 Signs

The purpose of this division is to establish uniform sign regulations that are intended to:

(a) Implement the city's community design and safety standards as set forth in the general plan;

(b) Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination, and maintenance of signs;

(c) Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic (e.g., traffic directional signs) without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs, or otherwise create congestion and safety hazards;

(d) Eliminate the traffic safety hazards to pedestrians and motorists posed by off-site signs bearing commercial messages;

(e) Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public;

(f) Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages;

(g) Allow the expression of political, religious, and other noncommercial speech at all times and allow for an increase in the quantity of such speech in the period preceding elections;

(h) Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational, and other noncommunicative aspects of signs, generally for the public health, safety, welfare, and, specifically, to serve the public interests in traffic and pedestrian safety and community aesthetics;

(i) Minimize the possible adverse effects of signs on nearby public and private property;

(j) Serve the city's interests in maintaining and enhancing its visual appeal for tourists and other visitors, by preventing the degradation of visual quality which can result from excess signage;

(k) Defend the peace and tranquility of residential zones and neighborhoods by prohibiting commercial signs on private residences, while allowing residents the opportunity, within reasonable limits, to express political, religious, and other noncommercial messages from their homes; and

(l) Enable the fair, consistent, and efficient enforcement of the sign regulations of the city.

(Ord. No. 2463 (NCS).)

The following definitions shall apply to this division:

Abandoned Sign. A sign that no longer directs advertises or identifies a legal business establishment, product, or activity on the premises where such sign is displayed.

Alteration (Sign). To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders that will prolong the life of the structure.

Animated Sign. Any sign, which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting.

Area of Sign. The surface area of a sign as measured in accordance with Section 37-50.610: Measurement of sign area and height.

Awning. A roof-like structure, attached to and supported entirely by the exterior wall of a building, often made of canvas or similar material that serves as a shelter over a storefront, window, door, or deck.

Awning Sign. A sign painted or printed on or attached flat or otherwise incorporated onto the valance of an awning.

Banner. A visual display device, with or without copy, usually rectangular in shape made of flexible material, usually cloth, paper, or plastic.

Building Signs. All signs mounted, painted, or otherwise attached to a building such as wall signs, projecting/blade signs, hanging signs, awning and canopy signs, multistory tenant identification signs, marquee signs, and window signs. Excludes freestanding signs.

Cabinet Sign. See "Can-type Sign."

Canopy. A permanent projecting roof-like structure (other than an awning) with or without ground supports extending from part or all of a building face that serves as a shelter over a storefront, window, door, or deck.

Canopy Sign. A sign painted or printed on or attached flat or otherwise incorporated onto a canopy. Does not include hanging signs that are suspended from or below a canopy.

Can-type Sign. A sign affixed to, or an integral part of, a cabinet, which is designed as a single unit.

Changeable Copy Sign. A sign which in which the copy is changed manually or electrically.

Channel Letters. Individual letters or figures, illuminated or nonilluminated, affixed to a building or freestanding sign structure.

Commercial Signage or Commercial Message. Any sign or sign copy with wording, logo, color, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity, or which proposes a transaction or relates primarily to commercial interests.

Construction Sign. A temporary sign identifying the persons, firms or businesses directly connected with a construction or development project.

Directional Sign. A sign that provides information or direction to the viewer and contains no advertising message. Excludes menu and pre-menu boards.

Electronic Readerboard. A changeable copy sign consisting of a matrix of lamps that are computer controlled.

Fascia. A flat usually horizontal member of a building having the form of a flat band or broad fillet used as a molding covering the joint between the top of a wall and the projecting eaves.

Flashing Sign. An illuminated sign, which contains an intermittent or sequential flashing light source or any other such means to attract attention. This definition is not intended to include changeable copy signs or animated signs.

Freestanding Sign. A sign supported by the ground, landscape/hardscape features, or by freestanding frames, braces, or poles, and not attached to any building. This includes signs that are detached from a building, pole signs, and monument signs.

Grand Opening. A promotional activity not exceeding thirty calendar days used by newly established businesses to inform the public of their location and services.

Ground Sign. See "Freestanding Sign."

Hanging Sign. A sign that is suspended below or from a canopy or marquee.

Incidental Sign. A small sign pertaining to goods, products, services or facilities that are available on the premises where the sign occurs and intended primarily for the convenience of the public. Examples include "Open for Business" signs, hours of operation signs, credit card acceptance signs, and the like.

Indirect Illumination. A light cast on the surface of a sign from an exterior source.

Interior Illumination. Any sign face that is lit from the inside.

Item of Information. Each word, design, symbol, or figure used within a sign.

Logo. A registered trademark, copyright, brand name, or symbol of an organization or business designed for ready recognition by the public.

Marquee. See "Canopy."

Marquee Sign. A changeable copy sign located on or affixed to a canopy for a theater or cinema.

Menu Board Sign. A changeable copy sign displayed in conjunction with a drive-through or drive-in business, which advertises the goods, products, or services offered for sale, and which is provided as a convenience for on-site customers using the drive-through or drive-in lane.

Monument Sign. A low profile freestanding sign with a solid base intended to be viewed at eye level.

Moving Sign. Any sign or device that has any visible moving part, visible revolving part, or visible mechanical movement.

Mural Exhibits. See Section 37-50.150: Mural exhibits for this definition.

Noncommercial Message Sign. Any sign, which is intended to convey a noncommercial message including, by way of example and not limitation, commentary on social, political, educational, religious, scientific, artistic, philosophical, or charitable commentary subjects. It also includes signs regarding fund raising or membership drive activities for noncommercial or nonprofit concerns.

Occupancy Frontage. The lineal length of a building wall (excluding eaves, awnings/canopies, or roof overhangs) that faces a public or private street, an alley, a pedestrian plaza, walkway, drive aisle, or parking area, shall be considered the occupancy frontage, except for building walls that face an R district. For buildings that do not face a public or private street, alley, or which have multiple nonresidential tenant occupancies (such as shop buildings), the exterior portion of the building wall which fronts a pedestrian plaza, walkway, drive aisle, or parking area, and provides the primary pedestrian (public) entrance to the tenant shall be considered an occupancy frontage.

Open House Sign. A sign that identifies a building for sale or lease, which is open and available for inspection by the public.

Off-site Sign. Any sign that advertises goods, products, services, or facilities not sold, produced, manufactured, or furnished on the premises on which the sign is located. These signs are also known as outdoor advertising, off-site subdivision directional or advertising signs, off-site open house signs, and billboards.

On-site Sign. Any sign that advertises goods, products, services, or facilities sold, produced, manufactured, or furnished on the premises on which the sign is located.

Plaque Sign. A sign attached to a building that designates the name and/or address of a business or the words entrance or exit.

Pole Sign. See "Freestanding Sign."

Portable Sign. Any movable sign not permanently attached to the ground or a building including a human sign.

Projecting/Blade Sign. A sign that is attached to and projects from the structure or building face and is not parallel to the structure to which it is attached.

Public Service Information Sign. Any sign intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions, news, traffic control, and the like.

Real Estate Sign. Any temporary sign pertaining to the sale, exchange, lease, or rental of land or buildings.

Roof Sign. Any sign erected upon or above a roof or parapet wall of a building.

Rotating Sign. Any sign, or portion thereof, that physically revolves about an axis.

Sign or Signage. A visual communications device used to convey a message to its viewers. A sign shall mean and include every advertising message, announcement, declaration, insignia, color, surface, or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interests of any person, entity, product, or service.

Sign Area. The total area used for the display of a sign as determined by Section 37-50.610(a): Sign Area.

Sign Copy. Any words, letters, numbers, figures, designs, graphics, colors (including background colors), or other symbolic representation incorporated into a sign for the purpose of attracting attention.

Shop Building. A building, typically located in a shopping center, that has two or more separate and clearly distinct tenant spaces or occupancies that share common parking, landscaping, and other exterior amenities. A defining characteristic of this type of building is that each space or occupancy has its own public entrance that opens directly to the outside of the building rather than into an interior common area or hall. Excludes buildings with multiple tenants in the same space or suite, enclosed shopping malls, and indoor swap meets.

Street Frontage. See Article I, Division 2: Section 37-10.430: "S" definitions for this definition.

Subdivision Directional Sign. A temporary sign providing direction to a land development project within the city pursuant to this division.

Temporary Sign. A sign that is installed or erected for a limited time period in conjunction with the duration of a specific event or activity as specified elsewhere in this division or, for a maximum of thirty days each calendar year unless specified elsewhere.

Temporary Window Sign. A sign painted or constructed of paper or other lightweight material and affixed to the interior or exterior side of a window or glass area on a building for a limited time.

Wall Sign. Any sign posted, painted, or suspended from or otherwise affixed to the wall or fascia of any building or structure in an essentially flat position or with the exposed face of the sign in a plane approximately parallel to the plane of such a wall.

Window Sign. A sign applied directly to the window of a business.

(Ord. No. 2463 (NCS).)

(Ord. No. 2569 (NCS), § 13, 4-19-2016)

Signs shall only be erected or maintained in any zoning district in compliance with this division. The sign regulations outlined in this division are intended to be maximum standards. The sign design standards are intended to ensure the architectural and visual compatibility of signs. Therefore, the review and approval of sign permits and master sign plan in compliance with Section 37-50.570: Sign permits and master sign plan required shall be consistent with the sign regulations and design standards of this division.

(Ord. No. 2463 (NCS).)

(a) Owner's Consent Required. The consent of the property owner is required before any sign may be displayed on any real or personal property within the city. In the case of public property, the owner's consent shall be pursuant to a policy adopted by the city council.

(b) Substitution of Noncommercial Message. Subject to the owner's consent, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed pursuant to this division.

(c) Substitution of Commercial Messages. Replacing sign copy on a commercial sign due to age, wear, or other aesthetic or safety purposes, or replacing the sign copy panel of an existing can-type sign with sign copy panel of the same size which requires no other modifications in the location, height, or size of the sign cabinet or support structure, or other structural, attachment, or electrical modifications shall not require a sign permit. This substitution provision does not allow the free substitution of a commercial message in a place where only a noncommercial message is allowed.

(d) Legal Nature of Sign Rights and Duties. All rights, duties, and responsibilities related to permanent signs attached to the land on which the sign is mounted, affixed, or displayed and run with the land or personal property. The city may demand compliance with this division and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner, or the person mounting the sign.

(e) Transfer of Signage Rights. Rights and duties relating to permanent signs may not be transferred between different parcels of real property except as part of a master sign plan approved for a shopping center or multi-parcel development. All duly issued and valid sign permits for permanent signs affixed to land shall automatically transfer with the right to possession of the real property on which the sign is located.

(f) Sign Authorized by Lease Agreement with the City. Signs authorized by lease agreement with the city are not subject to the requirements of this section because the city council has determined such signs are proper and in the public interest due to the unique services or other benefit they provide the community.

(Ord. No. 2463 (NCS).)

(a) Sign Permit. No sign unless otherwise exempt by this division shall be erected, constructed, displayed, or structurally altered unless a sign permit (or other applicable permit as required by this division) is approved by the city planner authorizing the sign in accordance with the following:

(1) Application Filing. Sign permit applications (including temporary permits) shall be filed on the forms provided by community planning and development and shall include all information described in the city's sign permit application instructions (and other applicable application requirements as required by this division), and the required filing fee.

(2) Review and Decision. A sign permit shall be approved or disapproved by the city planner in compliance with Section 37-50.570(c) below. The following additional conditions for review may apply:

(A) The sign permit or temporary sign permit shall contain any conditions on which approval was granted.

(B) The city planner may require submittal of a master sign plan in accordance with Section 37-50.570(c) below prior to approval of a sign permit.

(C) The city planner may allow exceptions to these sign regulations as part of a master sign plan, or where such signs would be consistent with Section 37-50.620(h): Highway Signs, or where such exceptions would allow signs that would be better integrated with the architecture or historic character of the existing or proposed building, the project site, or the surrounding neighborhood.

(D) For temporary signs (that are not exempt) complying with the sign area and sign standards of this article, the city planner may issue a temporary sign permit for up to thirty days, if it is found that the temporary sign is necessary to establish or maintain identity until a permanent sign can be erected. The city planner may approve a temporary sign necessary to avoid a dangerous condition, and may approve temporary signs pertaining to a use permitted by a temporary use of land permit.

(E) No permit for any sign shall be issued by any department, official, or public employee of the city without meeting the requirement of this division, and any permit issued that does not comply with the requirements of this division shall be null and void. It shall be the duty of the city planner to enforce the provisions of this division pertaining to the use of any property for a sign.

(b) Master Sign Plan. A master sign plan shall be required for any site having two or more nonresidential tenants and shall be submitted and approved by the city planner prior to the issuance of any sign permit. The master sign plan must be approved by the city planner prior to issuance of a sign permit.

(1) Applications for a master sign plan shall be submitted to community planning and development and shall include the following:

(A) A site plan drawn to scale, delineating the site proposed to be included within the signing program, the lineal street frontage of the site, the lineal occupancy frontage of all buildings, and the locations of all existing and proposed signs;

(B) Drawings indicating the exterior surface details (elevations) of all buildings on the site on which wall signs, directory signs, or projecting signs are proposed (including any existing signs to be retained);

(C) Drawings indicating typical sign design, height, colors, faces, and methods of construction (including method of attachment for wall signs) for all proposed signs;

(D) A statement of the reasons for any requested modifications to the regulations or standards of this division;

(E) A summary indicating the maximum total sign area allowed for the site, the sign area of all existing signs, the allocation of the sign area by sign type (freestanding, building, directional, etc.), and location in the development; and

(F) The plan shall have provisions for sign maintenance and removal, replacement of nonconforming signs, and other items as determined by community planning and development.

(2) A master sign plan may include deviations from the standards of this article, provided that the total sign area shall not exceed the area otherwise permitted by Section 37-50.620: On-site sign regulations for both building and freestanding signs, unless consistent with the provisions of the highway signing plan. In approving a master sign plan, the city planner shall determine that such master sign plan:

(A) Would be consistent with the style and character of existing signs on the site;

(B) Would be compatible with the character of signs on adjacent properties;

(C) Would not detract or adversely impact the use and enjoyment of adjacent properties; and

(D) Would not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.

(3) The city planner may require any reasonable conditions necessary to carry out the intent of the master sign plan requirement.

(4) An alternate means of compliance with this section may be approved by the city planner.

(5) A master sign plan may be part of a site plan review, a conditional use permit, or a planned unit development. If such an application requires the approval of the planning commission or city council, that approval authority may approve the master sign plan in lieu of the city planner.

(6) The applicant may appeal a decision of the city planner to the planning commission in accordance with Article VI, Division 17: Appeals.

(c) Findings for Approval. The city planner may approve and/or modify a sign permit, temporary sign permit, or master sign plan application in whole or in part, with or without conditions, only if the following findings are made:

(1) The proposed sign is permitted within the zoning district and complies with all applicable provisions of this chapter, and any other applicable standards;

(2) The sign is in proper proportion to the structure or site on which it is located and as an identification device does not excessively compete for the public's attention;

(3) The sign materials, color, texture, size, shape, height, and placement are compatible with the design of the structure, property, and neighborhood of which it is a part;

(4) The sign's illumination is at the lowest reasonable level to ensure adequate identification and readability, as determined by the city planner, and is directed solely at the sign or is internal to it;

(5) The sign is not detrimental to the public interest, health, safety or welfare; and

(6) The sign is in compliance with Section 37-50.640: Sign design standards.

(Ord. No. 2463 (NCS).)

A sign permit shall not be required for exempt signs. Such signs shall be exempt from the regulations and design standards of this division except for those regulations related to prohibited sign locations in Section 37-50.590: Prohibited signs. Exempt signs include:

(a) Traffic, danger, emergency, or other municipal signs;

(b) Official notices of any court, public body, utility, or public or quasi-public agent or officer, or any person giving legal notice as required by law;

(c) Any signage required by state or federal law or local ordinance to be affixed to a vehicle;

(d) Street address numbers;

(e) Monumental citations, commemorative tablets, and the like made an integral part of the structure, and not exceeding twenty square feet in sign area;

(f) Temporary on-site barricades and other signs within commercial and industrial districts that inform the public of potential hazards resulting from construction or remodeling activities occurring on the same site as the temporary barricades are located. These signs must be removed at the time of the completion of the construction or remodeling activities;

(g) One temporary construction sign with a maximum sign area of sixty-four square feet per street frontage and not exceeding a maximum of eight feet in height located on a construction site during the course of construction and which is removed prior to final occupancy of the building;

(h) One temporary on-site real estate sign per street frontage that advertises the sale, lease, or rental of a structure or land, per Table 37-50.160. If freestanding, the sign shall not exceed six feet in height. The sign shall be removed within fifteen days following the sale, lease, or rental of the property;

Table 37-50.160 Temporary On-site Real Estate Signs

(i) One temporary on-site open house sign, not exceeding six square feet in area. If freestanding, the sign shall not exceed four feet in height. An open house sign may be erected only on the day on which the property is available for public showing. Portable signs are permitted for use as open house signs;

(j) Two temporary off-site directional open house signs per parcel being offered for sale. Such off-site real estate signs may be erected only on the day(s) on which the property is available for public showing and may not exceed six square feet each and, if freestanding, four feet in height. Such a sign may not be located on a wall or fence in the public right-of-way, on a utility pole, nor on a public sidewalk, street, median strip, traffic island, or public landscaped area. Only one sign per parcel being offered for sale may be placed at any intersection. Portable signs are permitted for use as open house signs;

(k) On-site parking and other directional signs, not exceeding one double-faced sign per entrance and not exceeding six square feet in total sign area and four feet in height or ten square feet if more than one hundred feet from a public way, subject to review and design approval by the city planner. If the sign is not readable from a public or private street there shall be no limitation on the number of direction signs within a site. Directional signage may not include advertising materials;

(l) One on-site official state inspection sign constructed of a permanent material for each type of inspection service offered on-site, located flat against the wall of a building, and not exceeding four square feet in area;

(m) Signs manufactured as a standard, integral part of a mass-produced product accessory to a commercial or public or semipublic use, including telephone booths, vending machines, automated teller machines, and gasoline pumps;

(n) Credit card, trading stamp, or trade association signs not exceeding one-half square foot each;

(o) Governmental flags of any governmental entity;

(p) Signs located within the interior of buildings and structures (including enclosed malls) that are not visible from the outside of such building or structure;

(q) Window signs not exceeding twenty-five percent of the visible area of a window in a C, PS, MU, NU (VC), or I zoning district;

(r) Holiday lights and displays not advertising a product or sale on-site, erected no sooner than forty-five days before the holiday and removed within fourteen days following the holiday;

(s) Non-helium-filled balloons of a nonadvertising nature and not exceeding two feet in any dimension, used for decorative purposes for not more than twenty days during a calendar year to celebrate a special event;

(t) Plaque signs not exceeding one square foot in area;

(u) Temporary noncommercial message signs, not exceeding thirty-two square feet may be placed on private property or in a portion of the public right-of-way located between the sidewalk and the right-of-way line of a parcel or lot as permitted by Chapter 3 of the Salinas Municipal Code, in any zoning district, for a maximum of ninety days prior to an election. Such signs shall be removed within ten days after the election; however, signs posted in conjunction with a primary election may be maintained until ten days following the final election. In the event of cancellation or postponement of an election, such signs shall be removed within ten days following the official action declaring the election canceled or postponed;

(v) Works of art containing no advertising matter;

(w) [Reserved];

(x) Temporary signs and banners for the noncommercial promotion of civic, charitable, religious, educational, or service organizations are permitted in any zoning district when the signs are erected no earlier than thirty days prior to the event and removed within ten days after completion of the event. Such signs shall not exceed sixteen square feet in any A, R, NU (NE, NG-1, or NG-2), P, OS, or PS district, or thirty-two square feet in any C, MU, NU (VC), or I district. Such signs promoting the same event shall be located no closer than twenty-five feet from each other;

(y) Two on-site freestanding or wall menu/pre-menu board signs not exceeding a maximum fifty square feet in total sign area and a maximum of eight feet in height for commercial drive-through or drive-in uses.

(z) Projecting/Blade Signs and Hanging Signs: One on-site two-sided, pedestrian oriented, blade sign not exceeding a maximum of four square feet per sign face, which may include advertising material including logos and business names in accordance with Section 37-50.610: Measurement of sign area and height; subject to city planner approval and building permit issuance, sign must comply with California Building Codes in effect at the time of submittal.

(aa) Business Directory Signs: One wall-mounted single-sided, pedestrian oriented business directory sign not exceeding four square feet may be permitted per building access frontage.

(bb) Awning Signs: Awning signs affixed to the flap of the awning not exceeding a maximum of four square feet in area. In the event the awning does not incorporate a flap into its design, an exempt awning sign may be located on the lowest ten inches of the awning.

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), §§ 3, 5, 5-18-2010)

The following signs are prohibited:

(a) Canvas signs (excluding awning signs), banners, pennants, flags, streamers, balloons, or other temporary or wind signs except as otherwise provided in Sections 37-50.580: Exempt signs, 37-50.620: On-site sign regulations, and 37-50.630: Off-site sign regulations of this division;

(b) Mobile, A-frame, and portable signs except as provided in Section 37-50.580: Exempt signs;

(c) Roof or canopy signs extending above a building roof, except that with approval of a master sign plan, a wall sign may be architecturally integrated into a sloping roof fascia or mansard roof;

(d) Signs that resemble any official marker erected by the city, state, or any governmental agency, or that, by reason of position, shape, color, or illumination would conflict with the proper functioning of any traffic sign or signal or would be a hazard to vehicular or pedestrian traffic;

(e) Signs which produce odor, sound, smoke, fire, or other such emissions;

(f) Animated signs, flashing signs, moving signs, or rotating signs, except as otherwise allowed in this division;

(g) Window signs that exceed twenty-five percent of the visible window glass panel area of a window;

(h) Off-site advertising signs except as provided for in Section 37-50.630: Off-site sign regulations;

(i) Signs advertising commercial uses, day care homes, residential care facilities, and similar uses on sites where the principal use is a residential dwelling unit unless otherwise allowed in accordance with state law.

(Ord. No. 2463 (NCS).)

(a) At street intersections, no sign shall create a visual obstruction within a vertical space between three feet above the adjacent curb and a maximum height of ten feet above the adjacent curb, which area lies between the intersecting street right-of-way lines, twenty-five feet from the point of their intersection, or the intersection of the prolongation of such right-of-way lines.

[Figure]

(b) No sign shall be affixed to any vehicle or trailer on a public right-of-way or public or private property unless the vehicle or trailer is currently and regularly being used in its normal business capacity and is not for the sole purpose of attracting business.

(c) The city engineer may require additional offset or setback than identified in this section to clear site visibility when a site visibility analysis indicates the need for such additional clearance to promote public safety.

(Ord. No. 2463 (NCS).)

For the purposes of determining compliance with this division, the area and height of signs shall be measured as provided below.

(a) Sign Area. The area of a sign shall be computed as follows:

(1) Wall, Awning, Marquee, Canopy, and Window Signs. Sign area shall be computed by measuring the square or rectangle that will encompass the extreme limits of the writing, graphic representation, emblem, or other display, together with any material or color forming an integral part of the background of the message or display or otherwise used to differentiate the sign from the backdrop or structure against which it is placed including any supporting framework. When signs are composed of individual elements, the area of all sign elements, which together convey a single complete message, shall be considered a single sign (see Figure 37-50.90A).

[Figure]

(2) Monument Signs. Sign area shall be computed by measuring the entire area contained within the frame or cabinet but excluding the monument base if it contains no advertising and is clearly distinguishable from the sign copy area through the use of different texture, color, and design (see Figure 37-50.90B).

[Figure]

(3) Projecting/Blade Signs and Hanging Signs. Sign area shall be computed by measuring the entire area contained within the frame or cabinet (see Figure 37-50.90C).

[Figure]

(4) Pole Signs. Sign area shall be computed as the entire area of the surface(s) upon which the sign message is placed including the supporting column(s) if decorated or displayed with advertising (see Figure 37-50.90D).

[Figure]

(5) Multifaced Signs. The sign area for a two-sided or multifaced sign shall be computed by adding together the area of all sign faces (see Figure 37-50.90E).

[Figure]

(6) Flags, Banners, Pennants, etc. Sign area shall be computed as the surface area of both sides of the flag or pennant. For banners, the side(s) containing sign copy shall be counted as sign area (see Figure 37-50.90F).

[Figure]

(b) Sign Height. Sign height shall be measured as the greatest vertical distance from the finished grade adjacent to the sign footing or wall or below a suspended sign, to the top of the sign, including the support structure and any design elements (see Figure 37-50.100).

[Figure]

(Ord. No. 2463 (NCS).)

The following regulations shall apply to all on-site nonexempt signs in each zoning district. Such signs shall require a sign permit unless otherwise indicated in this division:

(a) Maximum Sign Area for Building and Freestanding Signs. The maximum sign area and height allowed for building and freestanding signs on a site shall be as identified in Table 37-50.170 and shall be subject to the following:

(1) The maximum sign area allowed for building signs shall be calculated based on the occupancy frontage of a building. A maximum of two occupancy frontages shall be used to determine the total maximum sign area allowed for building signs. Where a building has multiple occupancy frontages, the applicant shall determine which occupancy frontages shall be used to calculate the maximum building sign area. The maximum sign area for building signs may be allocated to any occupancy frontage as determined by the applicant.

(2) The maximum sign area allocated for building signs may be distributed among wall signs, projecting/blade signs, awning and canopy signs, hanging signs, marquee signs, and window signs as determined by the applicant provided that such signs comply with Section 37-50.620(b): Additional Regulations for Building Signs.

(3) All freestanding signs shall comply with Section 37-50.620(c): Additional Regulations for Freestanding Signs.

(4) All building and freestanding signs shall comply with Section 37-50.640: Sign design standards.

Table 37-50.170 Maximum Total Sign Area and Height (1)(2)(3)(7)

Notes:

(1) Unless a greater sign area is approved as part of a conditional use permit, as reasonable and necessary for identification of a development or use on a site of more than two acres in size.

(2) Temporary signs may exceed one hundred fifty percent of the maximum total sign area allowed for both wall and freestanding signs in accordance with Section 37-50.620(c)(10): Temporary Signs (Not Exempt).

(3) Signs located within six hundred sixty feet of U.S. Highway 101 may exceed the maximum total sign area in accordance with Section 37-50.620(c)(11): Highway Signs.

(4) Multifamily developments with twenty or more dwelling units shall be allowed a maximum of twenty square feet of total sign area per street frontage for all building and freestanding signs. Other Residential Uses: A maximum of four square feet in total sign area.

(5) Religious assembly may have one freestanding sign not exceeding sixty-four square feet of total sign area and a maximum eight feet in height.

(6) Signs advertising commercial uses, day cares homes, residential care facilities, and similar uses are prohibited in conjunction with residential dwelling units.

(7) Sign area allowed for freestanding signs may be allocated to wall signs in lieu of a freestanding sign subject to the approval of a master sign plan; however, in no case shall the sign area allocated for wall signs be allowed to be transferred to freestanding signs.

(8) Pursuant to Zoning Code Section 37-40.170(g)(2), no pole signs (other than highway signs) are permitted in gateway districts.

(b) Additional Regulations for Building Signs.

(1) General Regulations.

(A) Buildings signs shall not project above an apparent eave or parapet, including the eave of a mansard roof, except that with approval of a master sign plan, a building sign may be located on an architectural building feature such as a clock tower or similar feature if the city planner determines the location and design of such signs to be compatible with and complementary to the architectural design of the building.

(B) Building signs for tenants located within shop buildings shall be placed on that portion of the building where the establishment being advertised is located and which provides the primary pedestrian (public) access to the establishment unless otherwise authorized by a master sign plan.

(C) Building signs shall only be located on the occupancy frontages of a building unless otherwise authorized by a master sign plan.

(2) Wall Signs.

(A) Wall signs shall not project more than twelve inches from the face of the building on which such signs are placed, except that wall signs, any portion of which is less than eight feet above grade, shall not project more than six inches from the face of the building.

(B) Wall signs shall not occupy more than seventy-five percent of the height or length of a building fascia, including any architectural features so as to create adequate space between the edges of the sign and the surrounding edges of the wall and any architectural elements.

(C) Logo can-type wall signs shall not exceed thirty percent of the total wall sign area.

(3) Projecting/Blade Signs.

(A) The maximum size of projecting blade signs shall not exceed four square feet per sign face in A, OS, CO/R, R and NU (NE, NG-1 and NG-2).

(B) No portion of an awning/canopy or projecting/blade sign shall be less than eight feet above the surface of a sidewalk, drive-through lane, or walkway upon which it projects or shall project more than five feet into a public right-of-way. No awning/canopy or projecting/blade sign shall project closer than two feet to a curb. An encroachment permit is required for any awning/canopy or projecting/blade sign (or a portion thereof) located within the public right-of-way and must be fourteen feet above a roadway surface (see Figure 37-50.110).

(C) No projecting/blade sign shall project into an alley or truck service driveway more than two feet.

(D) Projecting/blade signs shall be set back at least five feet from an interior property line.

(E) No portion of a projecting/blade sign shall project above an apparent eave or parapet, including the eave of a simulated mansard roof.

(F) No portion of a projecting/blade sign shall exceed twenty feet in height measured from finished grade.

(G) A fabric banner of two dimensions that is suspended perpendicular to a wall from a pole may be displayed in lieu of a projecting/blade sign, provided that a banner shall not be less than six square feet or more than forty square feet in size.

[Figure]

(4) Awning and Canopy Signs.

(A) Sign area shall not occupy more than sixty percent of the length or height of any portion of an awning or canopy. The limitation on sign area shall apply to each portion of the valance of an awning or canopy (including the shed, ends, and flap) (see Figure 37-50.120).

[Figure]

(B) Awning or canopy signs with backlit graphics or otherwise internally illuminated is not permitted. Lighting directed downward that does not illuminate an awning or canopy may be allowed if the lighting is complementary to and compatible with the architectural design of the building.

(C) Awnings or canopies shall not project above an apparent eave or parapet including the eave of a mansard roof.

(D) No portion of an awning/canopy or projecting/blade sign shall be less than eight feet above the surface of a sidewalk, drive-through lane, or walkway upon which it projects or shall project more than five feet into a public right-of-way. No awning/canopy or projecting/blade sign shall project closer than two feet to a curb. An encroachment permit is required for any awning/canopy or projecting/blade sign (or a portion thereof) located within the public right-of-way and must be fourteen feet above a roadway surface (see Figure 37-50.110).

(E) Awnings or canopies must be permanently attached to the building.

(F) Awnings or canopies without sign area or copy are not subject to the issuance of a sign permit.

(5) Hanging Signs.

(A) The maximum size of a hanging sign shall be two square feet per sign face in an A, CO/R, R, and NU (NE, NG-1, and NG-2) district and six square feet per sign face in all other zoning districts. A hanging sign shall be perpendicular to the building.

(B) A minimum distance of fifteen feet shall be provided between hanging signs.

(C) A hanging sign shall only be used at ground-floor locations except for upper floor businesses with covered porches/entries or balconies.

(D) A hanging sign shall not project above an apparent eave or parapet including the eave of a mansard roof.

(E) A hanging sign shall not be internally illuminated.

(F) No portion of a hanging sign shall be less than eight feet above the surface (fourteen feet above a roadway surface) over which it hangs. An encroachment permit is required for any hanging sign (or a portion thereof) located within the public right-of-way.

(6) Multistory Building Tenant Identification Signs.

(A) Additional sign area for wall signs identifying commercial tenants in multistory buildings with three or more full stories, beyond that allowed in this section may be allowed as identified in Table 37-50.180:

Table 37-50.180 Multistory Building Tenant Identification Signs

(B) For multistory building tenant identification signs, the following shall apply:

(i) Only a single company name or logo of an organization or enterprise occupying office space within the office building shall be permitted.

(ii) Subject to approval of the city planner, multistory building tenant identification signs shall be located below the parapet at a height and scale architecturally in harmony with the building.

(iii) Individual channel-letters, internally illuminated letters, and/or logos (not exceeding thirty percent of the sign area) are allowed. Can-type signs are prohibited.

(c) Additional Regulations for Freestanding Signs.

(1) Decorative architectural features such as cornices and pediments may exceed the maximum sign area specified for a monument sign by twenty-five percent and the maximum height by two feet.

(2) A freestanding sign shall be at least ten feet from the nearest curb and be placed within a landscaped area of not less than seventy-five square feet in the CO, CO/R, IBP, and PS districts and fifty square feet in other districts.

(3) A freestanding sign shall not extend over a public right-of-way and shall not be located on the same street frontage as a projecting/blade sign that extends over a public right-of-way. The supports for any freestanding sign shall be located entirely in or upon private property.

(4) A freestanding sign shall not be closer to an interior property line than one-half its height (see Figure 37-50.130A).

[Figure]

(5) A freestanding sign shall not be closer than one hundred-feet to another freestanding sign or projecting/blade sign on the same site (see Figure 37-50.130B).

[Figure]

(6) For freestanding signs located within six hundred sixty feet of the outer limits of the U.S. Highway 101, see Section 37-50.620(h): Highway Signs.

(7) A commercial identification on a permanent flagpole may be substituted for an allowed freestanding sign within any C, NU (VC), PS, or I district and counted toward the allowable freestanding sign area.

(8) A freestanding sign shall have a maximum of two sides; however, additional sides may be considered subject to the approval of a master sign plan.

(d) Illuminated and Moving Signs.

(1) Signs in an A, R, NU (NE, NG-1, and NG-2), CO, CO/R, P, OS, or PS district shall, if lighted, be indirectly and continuously illuminated.

(2) Signs shall not have exposed fluorescent tubes or incandescent bulbs, unless such signs are approved as part of a master sign plan or a site plan review for a cinema or theater.

(3) Signs visible from and within one hundred feet of an R or NU (NE, NG-1, and NG-2) district shall not be illuminated between 10:00 p.m. and 7:00 a.m. unless approved as part of a master sign plan. In order to approve the master sign plan, the city planner shall determine that the proposed sign:

(A) Identifies a business or use that is open for business during those hours; and

(B) Has been oriented, sited, or otherwise designed to minimize glare or lighting impacts on the adjacent R or NU zoning district.

(4) No movement or apparent movement of or in a sign or change in intensity of illumination of a sign shall be permitted (including no changeable copy) except for public service information signs, marquee signs, and changeable copy signs for theaters, cinemas, religious assembly uses, public/private school uses, and service station price signs as provided for in this division.

(e) Theater, Cinema, Public/Private Schools, and Religious Assembly Signs. Signs deviating from the standards of this division may be allowed for theaters, cinemas, public/private school uses, or religious assembly uses subject to the approval of a master sign plan. The master sign plan may allow marquee signs (for theaters, cinemas, and public/private schools only), changeable copy signs, and other signs for cinema, theater, public/private schools, or religious assembly uses not otherwise authorized by this division, if the city planner or other applicable approval authority determines that such modifications:

(1) Would be consistent with the style and character of existing signs on the site;

(2) Would be compatible with the character of signs on adjacent properties;

(3) Would not detract from the use and enjoyment of adjacent properties; and

(4) Would not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.

(f) Service Station Signs.

(1) Price Signs. A maximum of two double-faced signs per street frontage, of not more than twenty-five square feet per face, and having a maximum height of six feet. Such signs may only be used to indicate the actual current price of fuel, the brand of the gas station, or other information required in accordance with state law requirements. No other advertising is permitted on the sign. Such signs may be changeable copy if permitted in accordance with state law. The use of red, green, or yellow illuminated letters or numbers is prohibited for changeable copy signs for traffic safety reasons, unless approved by the City Engineer taking into consideration the distance to traffic signals and field of view.

(2) Island Canopy Signs. A logo sign, affixed to a canopy or other rigid roof structure directly above a pump island, the sign area of which shall not exceed fifteen square feet to accommodate a company or brand logo. Island canopy logo signs shall be limited to a maximum of two signs per gas station.

(3) Fuel pump identification and/or price signs located on the pump face and not exceeding two square feet in area.

(4) A single- or double-faced sign of not more than twelve inches by twenty inches constructed of motionless materials and mounted to the top of a fuel pump and used for identifying products or services available on the premises. No more than one pump-topper sign per pump shall be allowed.

(5) The area of signs in Sections 37-50.620(f)(1), (3), and (4) above shall not be counted toward the maximum total sign area allowed for the site.

(g) Temporary Signs (Not Exempt).

(1) Temporary Signs, Banners, Flags, Decorations, and Other Advertising Devices (excluding temporary subdivision directional signs and exempt temporary signs). Such signs may be placed on a site for a maximum of thirty days each calendar year subject to the issuance of a temporary use of land permit, provided the total temporary and permanent sign area shall not exceed one hundred fifty percent of permitted permanent sign area, and provided that temporary devices do not create safety hazards or block signs identifying adjoining establishments.

(2) On-site Subdivision Direction Signs. One on-site unlighted temporary subdivision directional sign not to exceed sixty-four square feet in area for each ten acres in a subdivision, up to a maximum of one hundred twenty-eight square feet, for the purpose of providing necessary travel directions to the subdivision subject to the approval of a temporary use of land permit. If a subdivision has less than ten acres, one such sign not to exceed sixty-four square feet shall be permitted. The city planner may allow joint subdivision directional signs for more than one subdivision. Joint signs may not exceed sixty-four square feet for every ten acres of total subdivision area, not to exceed a total of two hundred square feet in sign area. Where the total area of all subdivisions is less than ten acres, one joint sign, not to exceed sixty-four square feet, is allowed. No more than one on-site subdivision directional sign shall be allowed on any property. The maximum height of an on-site directional sign shall be eight feet. On-site subdivision directional signs may contain, in addition to travel directions, the name of the land development project to which it pertains, including a characteristic trademark or other identifying insignia. Such signs shall be located at least seven hundred feet from any other such sign. The temporary use of land permit shall expire upon the sale of the last residential dwelling unit in the subdivision. The applicant shall remove all on-site subdivision directional signs from the property within seven days from the sale of the last residential dwelling unit in the subdivision. The applicant of any on-site subdivision directional signage shall post a bond to ensure removal of the sign. The city planner may impose any additional conditions that it deems necessary to make the sign, to the extent feasible, compatible to the development in the vicinity. Such conditions may include the requirement of a signed statement by the applicant, owner of the signs, and the owner or lessee of the property on which the signs are to be placed, agreeing that if such signs are not removed within seven days after expiration of permit, they may be removed by the city without further notice.

(h) Highway Signs. The allowable height, number of freestanding signs, and the total maximum sign area may be increased for on-site freestanding signs located within six hundred sixty feet of U.S. Highway 101 subject to the issuance of a conditional use permit. One-half of the area of the highway sign shall be deducted from the maximum total sign area allowed for the site. Highway signs shall be in addition to the number of otherwise allowable freestanding signs on a site. In addition to findings required for a conditional use permit, the following findings shall also apply:

(1) Photo studies have been provided by the applicant and site distance/speed of travel or other data exists which supports the determinations that a safe exiting distance is provided and that the sign is the minimum necessary to convey its intended message;

(2) The increase in sign height or sign area is not primarily for the purpose of giving the business a competitive advantage over another. Criteria for establishing this finding may include an evaluation of signs on neighboring properties;

(3) The increase in sign height or sign area shall not contribute to visual clutter;

(4) The need for the increased sign height or sign area cannot be met through changing the location of the sign on the site or the design of the sign, consistent with good site design;

(5) The sign structure is coordinated with the architecture of the buildings on the property on which the sign is located and is well proportioned as to height in comparison with width and as to design/width of supporting structure in comparison with design/width of sign message. Sign illumination has accounted for adjacent uses;

(6) The use advertised is a restaurant, service station, hotel, or motel, and is required by the traveling public. The site has immediate access to U.S. Highway 101; and

(7) The sign area does not exceed one hundred twenty-five square feet per face and contains a maximum of two faces; height does not exceed fifty feet.

(Ord. No. 2463 (NCS).)

(Ord. No. 2507 (NCS), §§ 4, 6, 21, 5-18-2010; Ord. No. 2569 (NCS), §§ 14—17, 4-19-2016; Ord. No. 2673(NCS), § 1, 10-24-2023)

(a) Off-site Subdivision Directional Signs. One off-site unlighted temporary directional sign shall only be allowed on vacant, undeveloped property, subject to approval of a temporary of use land permit. Such signage shall not exceed sixty-four square feet in area for each ten acres in a subdivision, up to a maximum of one hundred twenty-eight square feet. Directional signs for subdivisions with a combined total area less than ten acres shall not exceed sixty-four square feet. The maximum height of an off-site directional sign shall be eight feet. Off-site directional signs may contain, in addition to travel directions to the subdivision, the name of the land development project to which it pertains, including a characteristic trademark or other identifying insignia. Such signs shall be located at least seven hundred feet from any other such sign. The temporary use of land permit shall expire seven days after the sale of the last residential dwelling unit in the advertised subdivision. The applicant shall remove the off-site subdivision direction sign from the property within seven days of the sale of last residential dwelling unit in the advertised subdivision. The applicant of any off-site subdivision directional signage shall post a bond to ensure removal of the sign. The city planner may impose any additional conditions that it deems necessary to make the sign, to the extent feasible, compatible to the development in the vicinity. Such conditions shall include, but not be limited to, the requirement for a signed statement by the applicant, owner of the signs, and the owner or lessee of the property on which the signs are to be placed, agreeing that if such signs are not removed within seven days after expiration of permit, they may be removed by the city without further notice.

(b) Off-site Temporary Open House Real Estate Signs. See Section 37-50.580: Exempt signs.

(c) Other Off-site Advertising Signs. Except for temporary off-site subdivision directional signs and specified exempt signs, off-site advertising signs are not permitted within the city. Existing off-site advertising signs shall be considered nonconforming. Nonconforming off-site advertising signs may only be reconstructed or relocated pursuant to the following:

(1) In accordance with a relocation agreement between the city and the sign owner, consistent with Section 5412 of the California Business and Professional Code;

(2) Relocation is allowed only if the sign is located within the IGC district; and

(3) If the sign area (including the sign structure) does not exceed a maximum dimension of twelve feet by twenty-five feet per sign face and twenty-two feet in height above existing or street grade, whichever is higher. Both sides of off-site advertising signs may be used for purposes of advertising.

(Ord. No. 2463 (NCS).)

(a) Purpose. The following design standards are intended to assist the designer in understanding the city's requirements for sign design. These standards complement the sign regulations contained in this division by providing good examples of potential design solutions and by providing design interpretations of various regulations. The design standards are general and may be interpreted with some flexibility in their application to specific projects. The standards will be utilized in conjunction with other regulations to ensure the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

(b) General Design Principles.

(1) Sign colors, design and materials shall be compatible and complementary with the architectural theme or design of the principal building(s) at the site.

(2) The use of graphics consistent with the nature of the product to be advertised is encouraged (e.g., hammer symbol for a hardware store, mortar and pestle for a drug store).

(3) Place signs to indicate the location of access to a business. Signs shall be placed at or near the entrance to a building or site to indicate the most direct access to the business.

(4) Avoid signs with strange shapes. Signs that are unnecessarily narrow or oddly shaped can restrict the legibility of the message. If an unusual shape is not symbolic, it is probably confusing.

(5) Make signs smaller if they are oriented to pedestrians. The pedestrian-oriented sign is usually read from a distance of fifteen feet to twenty feet; the vehicle-oriented sign is viewed from a much greater distance. The closer a sign's viewing distance, the smaller that sign needs to be.

(6) Where there is more than one sign, all signs shall be complementary to each other in the following ways:

(A) Type of construction materials (sign copy, supports, etc.);

(B) Letter size and style of copy;

(C) Method used for supporting or attaching sign (wall or ground base);

(D) Configuration and shape of sign area and related components; and

(E) Height, location, and spacing of signs on a building or site shall be generally consistent.

(c) Wall Signs.

(1) Wall signs shall be compatible with the predominant visual architectural elements of the building facade.

(2) Place wall signs to establish facade rhythm, scale, and proportion where such elements are weak. In many existing buildings that have a monolithic or plain facade, signs can establish or continue appropriate design rhythm, scale, and proportion.

(3) Wall sign raceways shall be painted to match the exterior color of the building where the sign is located.

(4) Wall signs shall be sized appropriately and in proportion to the scale of the building or fascia.

(5) Direct and indirect lighting methods are allowed provided that they are not harsh or unnecessarily bright.

(6) The use of individually cut or channel letter signs are preferred over can-type signs in new development.

[Figure]

(d) Awning and Canopy Signs.

(1) Sign area/copy shall be proportional to and complementary with the style and scale of the awning canopy.

(2) Awnings/canopies used in conjunction with awning/canopy signs shall not be located so as to obscure transom windows, piers, pilasters, and other architectural building features and shall generally be designed to project over individual doors and window openings, where feasible. Awnings/canopies that are a continuous feature extending over several windows, doors, or similar architectural features are generally discouraged.

(3) The size of the awning/canopy shall be proportional in scale with the building to which it is attached.

(4) The style of the awning/canopy shall complement the architectural style of the building to which it is attached. Awnings should generally have a simple horizontal valance if located over rectangular or square window/door openings. Domed or barrel shaped awnings are appropriate for buildings with arched window/door openings.

(5) An awning with a single, solid color is preferred. The color of the awning/canopy shall be compatible with and complement the exterior color(s) of the building. Awning/canopy colors that call more attention to the awning than the building are inappropriate. Awnings/canopies with highly contrasting corporate/franchise identity colors are not allowed.

(6) Awnings/canopies shall be regularly cleaned and kept free of visible defects and wear.

(e) Freestanding Signs.

(1) Freestanding signs are intended to provide street addresses, and identification for the freestanding building or commercial center development as a whole.

(2) All tenant freestanding signs on a site shall be generally uniform in size, height, type, and color and shall be compatible with the architectural design or theme of the principal building(s) at the site.

(3) Freestanding signs should be placed perpendicular to approaching vehicular traffic.

(4) Low scale monument type signs are preferred over pole type signs in new development. Pole signs may be utilized in new development when the city planner finds as part of a master sign plan that existing site factors (such as site orientation or location, building and driveway locations, existing vegetation, surrounding development, or other factors) warrant the use of such signs for visibility considerations.

[Figure]

(5) Each freestanding sign shall be located within a planted landscaped area, which is of a shape and design that will provide a compatible setting and ground definition to the sign. Raised planters are encouraged.

(Ord. No. 2463 (NCS).)

(a) Purpose. The purpose of this section is to establish that the eventual elimination of existing signs that are not in conformity with the provisions of this division is as important as the prohibition of new signs that would violate these regulations.

(b) General Regulations.

(1) Except for normal repair and maintenance and any modification required for National Electric Code (NEC) compliance in accordance with Chapter 9 of the Salinas Municipal Code, no nonconforming sign shall be expanded, structurally altered (not including a change in sign face or sign copy), moved, or relocated, unless it is brought into conformance with all current provisions of this chapter. When a sign, which was in compliance with all applicable laws in effect at the time it was originally erected, is physically damaged, whether by vandalism, forces of nature, or other causes, the sign may be repaired or restored to its original size, shape, height, orientation, and message; however, the repair or restoration must be done in a manner which complies with current Building and Electrical Codes.

(2) The owner of a nonconforming sign, excepting an off-site advertising sign in accordance with Section 37-50.630: Off-site sign regulations, shall within three months of notification of nonconformity either:

(A) Remove the sign; or

(B) Obtain a new permit, with variances to allow the nonconforming aspect; or

(C) Obtain a new permit subject to modification of the sign to achieve conformity with this division; or

(D) Obtain an extension of time within which the sign must be moved under the amortization provisions of Section 37-50.650(c) below; or

(E) Establish to the satisfaction of the city planner that the special restrictions of Business and Professions Code Sections 5490 through 5499 apply.

(c) Amortization.

(1) An owner of a nonconforming sign may delay removal or modification of the sign for a reasonable period in order to recover the original costs where, at the time specified for removal, the costs were not yet fully amortized. The amortization period shall be proportionate with the investment involved.

(2) The owner of a nonconforming sign may apply to the city planner for an extension of time within which the sign must be removed. The application shall contain the following information:

(A) Name and address of the sign;

(B) A description of the sign;

(C) The date the sign was erected;

(D) Whether and when a sign permit was issued;

(E) The cost of construction;

(F) The remaining term of the sign owner's lease of the real property, if applicable;

(G) The present value of the sign;

(H) If the sign is being depreciated under Federal Internal Revenue Code, a copy of the last IRS form showing depreciation;

(I) A detailed statement of the reasons for the extension requested;

(J) The length of time for which the extension is requested; and

(K) Other relevant information, which the city planner may request.

(3) The city planner shall consider the information presented on the application in acting on the request for extension. If the city planner finds that the circumstances warrant granting an extension of time for amortization of the sign, the city planner may grant the extension for a reasonable time not to exceed three years. No extension shall be granted for a portable sign or sign painted on a building or structure.

(Ord. No. 2463 (NCS).)

(Ord. No. 2569 (NCS), § 18, 4-19-2016)

(a) Scope and Authority. This section is enacted to implement Chapter 2.6 of Division 3 of the California Business and Professions Code.

(b) Definitions. The following definition shall apply to this section:

(1) Illegal On-premises Advertising Display. Any of the following:

(A) An on-premises advertising display erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use;

(B) An on-premises advertising display that was legally erected, but whose use has ceased, or the structure upon which the display is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of not less than ninety days;

(C) An on-premises advertising display that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display nonconforming has expired, and conformance has not been accomplished;

(D) An on-premises advertising display that is a danger to the public or is unsafe; or

(E) An on-premises advertising display that is a traffic hazard not created by relocation of streets or highways or by acts of the city or county.

(2) On-premises Advertising Display. Any structure, housing sign, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, which is designed, constructed, created, engineered, intended or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes:

(A) To designate, identify, or indicate the name of the business of the owner or occupant of the premises upon which the advertising display is located;

(B) To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected.

(c) Designation of Illegal On-premises Advertising Displays.

(1) By resolution, the city council may declare as public nuisances and abate all illegal on-premises advertising displays located within the city and identified by an inventory compiled under Section 37-50.670(b). The resolution shall describe the property upon which or in front of which the nuisance exists. Any number of parcels of private property may be included in one resolution.

(2) Prior to adoption of the resolution by the city council, the city clerk shall send not less than a ten days' written notice to all persons owning property described in the proposed resolution. The notice shall be mailed to each person on whom the described property is assessed as of the last equalized assessment roll available on the date the notice is prepared. The notice shall state the date, time, and place of the hearing, and generally describe the purpose of the hearing and the nature of the illegality of the display.

(d) Posted Notice. After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front of the property on which the illegal display exists. The notices shall be posted at least ten days prior to the time for hearing objections by the city council.

(e) Mailed Notice. The city clerk shall mail written notice of the proposed abatement in the form prescribed by Sections 37-50.660(c) and (d) to all persons owning property described in the resolution, as shown on the last equalized assessment roll, at least ten days prior to the time for hearing objections by the city council.

(f) Public Hearing and Council Action.

(1) At the time stated in the notices, the city council shall hear and consider all objections to the proposed removal of the on-premises advertising display. The council may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the council shall allow or overrule any objections. Following such determination, council acquires jurisdiction to proceed and perform the work of removal.

(2) The decision of the council is final. If objections have not been made or after the council has disposed of those made, it shall order, by motion or resolution, the enforcement officer to abate the nuisance by having the display removed.

(g) Abatement Procedure. The enforcement officer may enter private property to remove an illegal advertising display. Before the enforcement officer arrives, any property owner may remove the illegal on-premises advertising display at the owner's own expense. Nevertheless, in any case when an order to abate has been issued, the city council, by motion or resolution, may further order that a special assessment and lien be placed upon the property. Such special assessment and lien shall be limited to the costs incurred by the city in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, and other related costs.

(h) Required Cost Accounting.

(1) The enforcement officer shall keep an account of the cost of abatement of an illegal on-premises advertising display in front of or on each separate parcel of property where the work is done. The officer shall submit to the city council for confirmation an itemized written report showing that cost.

(2) A copy of the report shall be posted in the city offices for at least three days, prior to its submission to the council, with notice of the time of submission.

(3) At the time fixed for receiving and considering the report, the city council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The city council shall then confirm the report by motion or resolution.

(i) Contracting for Services. Abatement of the nuisance may, at the discretion of the city council, be performed by contract awarded on the basis of competitive bids let to the lowest responsible bidder. In that event, the contractor shall keep the account and submit the itemized written report for each separate parcel of property required by Section 37-50.660(h) above.

(j) Reimbursement of Costs and Special Assessments.

(1) The enforcement officer may receive the amount due as reimbursement for abatement costs incurred by the city and issue receipts for such payment at any time after the city council has confirmed the abatement costs pursuant to Section 37-50.660(h) above and until ten days before a copy is given to the county assessor and tax collector.

(2) Liens and special assessments to recover costs of abatement and costs of enforcing abatement, as confirmed by the city council, shall be payable under the provisions of Section 5499.12 of the Business and Professions Code. Requests for refunds shall be subject to the provisions of Section 5499.14 of the Business and Professions Code.

(Ord. No. 2463 (NCS).)

(a) Removal Required. Any sign that was illegally installed (e.g., without the required permit or in violation of any provision of this Zoning Code) shall be removed in compliance with Section 37-50.660: Nonconforming sign abatement.

(b) Illegal and Abandoned Signs Inventory. Should the city council direct that the city planner abate illegal or abandoned signs, the city planner shall compile an inventory of such signs within the city.

(1) For properties located within the gateway overlay district, should the council direct that the city planner abate illegal or abandoned signs specifically within such overlay district, the city planner shall compile an inventory of such signs located within the gateway overlay district.

(2) The inventory shall identify the location of each illegal or abandoned sign by lot and block number and by street address, the sign's legal owner or leaseholder, and the specific standards that are violated or the approximate date of abandonment, as the case may be.

(3) This inventory shall be used to establish an initial date for amortization of nonconforming signs under the provisions of Section 37-50.660: Nonconforming sign abatement.

(4) The city planner shall regularly update the inventory to include additional illegal signs resulting from zoning map amendments and additional abandoned signs.

(Ord. No. 2463 (NCS).)