San Anselmo Municipal Code Art. 4 Permits, Appeals and Sign-Related Decisions

This article applies to all authorized signs which may be erected, maintained or displayed only by permit. The internal review and appeal procedures also apply to any other sign-related decision made by the Town, including, but not limited to, removal orders, revocation of permits, orders to abate, etc.

(Ord. 1053, eff. January 12, 2007)

When any sign permit application complies fully with all applicable provisions of this chapter, and all other applicable laws, rules and regulations, the permit shall be approved and issued within the required time. In the case of signs which are expressly exempt from the permit requirement, there is a right to erect, display and maintain such signs as are authorized by this chapter, subject to the applicable rules.

(Ord. 1053, eff. January 12, 2007)

Written notices required within this chapter shall be deemed given on the earliest of the following: when personally delivered, when publicly posted, or on the day of mailing. Notices sent by mail are deemed effective when sent to the last known address of the addressee.

(Ord. 1053, eff. January 12, 2007)

Any person seeking a permit for a sign, for which a permit is required, shall submit to the Director a written application for such sign permit. The Director shall prepare a sign permit application form and provide it to any person on request. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount set by resolution of the Town Council. In the case of after-the-fact permitting, the otherwise applicable fee shall be doubled. The form may call for the following information:

(a) Name, address and telephone number of the applicant and, if applicable, the name, address, APN (Assessor's parcel number) and telephone number, as well as the license number, if any, of the sign contractor;

(b) Address and zoning district of the property where the sign is proposed to be displayed;

(c) Accurate, dimensioned, scaled site plan, in color, showing the location of property lines, buildings, parking areas, driveways, landscaped areas, utility poles and wires, and existing and proposed signs on the site; as to existing signs, information as to whether each is permitted or exempt from permitting;

(d) Accurate and scaled building and/or fence elevations showing existing and proposed building and fence signs, and accurate and scaled elevations showing existing and proposed signs located elsewhere on the property;

(e) Existing and proposed sign area of each individual sign and the combined area of all signs (including those already existing or previously permitted) in relation to the maximum allowed sign area;

(f) Written evidence of all owner's consents, such as land owner or lessor;

(g) A statement as to whether the sign is intended to be used in whole or in part for off-site commercial messages, advertising for hire or general advertising;

(h) A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical methods of message presentation: sound; odor, smoke, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other fluorescing gases; fluorescent or day-glow type colors; flashing or strobe lighting; liquid crystal displays or other video-like methods; use of live animals or living persons as part of the display; mannequins or statuary;

(i) A statement as to whether the specific permitted use for which the sign is proposed to be erected or displayed, or any currently existing sign thereon associated with the specific permitted use, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application;

(j) Photographs of the existing property, parcel and/or building on which the sign is proposed to be erected or displayed;

(k) In the case of any proposed sign which is subject to a discretionary process, such as a variance, conditional use permit, or sign program, all information required by such process(es);

(l) The Director is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty (30) days public notice.

(Ord. 1053, eff. January 12, 2007)

The Director shall determine whether the application contains all the required information. If it is determined that the application is not complete, the applicant shall be so notified in person or in writing within thirty (30) days of the date of receipt of the application; the notice shall state the points of incompleteness and identify any additional information necessary to render the application complete. The applicant shall then have one (1) opportunity, within thirty (30) calendar days, to submit additional information to render the application complete; failure to do so within the thirty (30) day period shall render the application void.

(Ord. 1053, eff. January 12, 2007)

No sign application will be approved if:

(a) The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal or non-permitted sign has not been legalized, removed or included in the application;

(b) There is any other existing zoning code violation located on the site of the proposed sign(s) with the same specifically permitted use (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application;

(c) The sign application is substantially the same as an application previously denied, unless: (1) twelve (12) months have elapsed since the date of the last application, or (2) new evidence or proof of changed conditions is furnished in the new application;

(d) The applicant has not obtained any applicable required use permit or conditional use permit. However, applications for such permits may be processed simultaneously with a sign permit application.

(Ord. 1053, eff. January 12, 2007)

When an application proposes two (2) or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial.

(Ord. 1053, eff. January 12, 2007)

When design review approval is sought for a development that includes one (1) or more signs, then the sign aspects of the proposed development must satisfy the applicable provisions of this chapter. Such proposals shall be decided initially by the Planning Commission.

(Ord. 1053, eff. January 12, 2007)

The Director may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit or this chapter after written notice of noncompliance and at least fifteen (15) calendar days opportunity to cure. The notice and opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

(Ord. 1053, eff. January 12, 2007)

Any approval or permit issued in error may be summarily revoked by the Town upon written notice, to the holder, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place.

(Ord. 1053, eff. January 12, 2007)

Inspection and approval of foundations are required when a sign includes a footing design. The purpose of such inspection is to allow the inspector to verify the size and depth of excavated footing, reinforcement method, etc. All signs subject to permit require final inspection and approval by the Building Official.

(Ord. 1053, eff. January 12, 2007)

Each duly approved sign permit and each sign variance or other formal approval shall expire one (1) year after the date it is granted unless, prior to such expiration date, the approved sign has been erected and passed all final inspections, or is under way on such date and is thereafter diligently pursued to completion. Prior to the original expiration date of a sign permit or sign variance or other authori-zation, upon the applicant by the permittee, the permit or authorization will be extended one (1) time only for twelve (12) months from the original date of expiration.

(Ord. 1053, eff. January 12, 2007)

Challenges to or appeals of sign-related decisions other than approval or denial of a permit do not require a particular form, but must be in writing, signed by the applicant or challenger, and state the matter challenged and the grounds therefor. Such appeals shall use the same form as other zoning appeals.

(Ord. 1053, eff. January 12, 2007)

Except for signs subject to initial review by the Planning Commission, initial review of all sign permit applications shall be administrative, by the Director. Appeals go first to the Planning Commission and then to the Town Council, after which judicial review may be sought. Sign program proposals and variance applications begin their formal review at the Planning Commission level, although the Director may perform an initial review and make recommendations to the Planning Commission.

(Ord. 1053, eff. January 12, 2007)

A sign permit application may be approved subject to conditions, so long as those conditions are required by this chapter or some other applicable law, rule or regulation.

(Ord. 1053, eff. January 12, 2007)

When a sign qualifies as a "structure" under the Building Code, a building permit shall also be required. Compliance with all applicable safety codes shall be a condition of all sign permits.

(Ord. 1053, eff. January 12, 2007)

When a sign permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant's application form, and shall state the grounds for denial.

(Ord. 1053, eff. January 12, 2007)

At each level of review or appeal, the decision shall be rendered in writing within thirty (30) calendar days from the date the application is deemed complete (or is deemed approved because no notice of incompleteness has been given), or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the application or appeal shall be deemed approved; in the case of an appeal, the lower level decision shall be deemed affirmed.

(Ord. 1053, eff. January 12, 2007)

Any decision on a sign permit application, or any other sign-related decision, may be appealed by any affected person.

(Ord. 1053, eff. January 12, 2007)

The appeal right arises at the earlier of: (a) whenever a written decision is delivered to the applicant, or (b) the time for decision has run without a written decision. In this context, "delivered" means personally delivered or placed in the U.S. mail, whichever occurs first.

(Ord. 1053, eff. January 12, 2007)

Any affected person may appeal any sign permit or other sign-related decision to the next level of review, so long as the notice of appeal is delivered to or received by the Town within ten (10) calendar days of the subject decision (if the tenth calendar day falls on a day when Town Hall is closed, then the time period is extended until the next day that Town Hall is open). The appeal process is begun by filing a written notice of appeal with the Town Clerk within ten (10) days of the decision, particularly stating the matter appealed from, and the grounds for the appeal.

(Ord. 1053, eff. January 12, 2007)

During the pendency of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes a significant and immediate threat to public safety.

(Ord. 1053, eff. January 12, 2007)

Following final decision by the Town Council, any appellant may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure Section 1094.8. Such review must be filed within thirty (30) days of notice of final decision, unless State law otherwise requires.

(Ord. 1053, eff. January 12, 2007)