Article 7 — Previously Conforming Premises and Uses

Division 3: Review Procedures for Previously Conforming Advertising Display Signs (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The purpose of these procedures is to establish controls that provide reasonable opportunity for maintenance of legally constructed advertising display signs while protecting the public through preserving a positive aesthetic character. The intent of these procedures is to clarify the status of advertising display signs that existed before July 19, 1983 and to identify rights respecting existing inventory of these previously conforming advertising display signs .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

This division shall not apply to the following advertising display signs :

• (a) Any advertising display sign that is acquired by a governmental entity through the use of eminent domain.

• (b) Advertising display signs that meet all of the criteria of California Business and Professions Code Section 5412, as set forth below. These displays may be removed without compensation, as specified in California Business and Professions Code Section 5412.1.

  • (1) The display is located within an area shown as residential in an adopted community plan.

  • (2) The display is located within an area zoned for residential use.

  • (3) The display is not located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is it placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way.

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• (4) The display is not required to be removed because of an overlay zone or any other special zoning district whose primary purpose is the removal or control of signs .

• (5) The display is allowed to remain in existence for a period of 7 years after July 19, 1983, or the date upon which it becomes applicable to the display, and after giving notice of the removal requirement to the display owner and the owner of the underlying property.

• (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) Any advertising display sign that was lawfully erected before July 19, 1983 is considered a previously conforming advertising display sign .

• (b) Any legally constructed advertising display sign located on a site is considered a separate business use of that site and conformance of the permitted use and of the advertising display sign shall be considered independently.

• (c) Maintenance, repair, rebuilding, or alteration of a previously conforming advertising display sign where the construction would be less than or equal to 50 percent of assessed value and would not expand beyond the existing structural envelope , is subject to review by the City Manager in accordance with Process One. The applicant shall submit plans showing existing and proposed site conditions.

• (d) Maintenance, repair, rebuilding, or alteration of a previously conforming advertising display sign where the construction would exceed 50 percent of the assessed value of the existing advertising display sign , but would not expand beyond the existing structural envelope , requires a Neighborhood Development Permit.

• (e) Any advertising display sign that is repaired or altered according to the provisions of Section 127.0303(c) or (d) shall retain its previously conforming status.

• (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) An application for a Neighborhood Development Permit for maintenance, repair, rebuilding, alteration, or improvement of an existing previously

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conforming advertising display sign may only be approved within the CC-5-2, IL-3-1, IL-2-1, or IH-2-1 zones.

• (b) An application for a Neighborhood Development Permit for maintenance, repair, rebuilding, alteration, or improvement to an existing previously conforming advertising display sign shall not be approved on a site or premises that is:

  • (1) Located within the Coastal Overlay Zone;

  • (2) Located within 660 feet when the display is visible from the edge of the right-of-way of a landscaped freeway as designated by the California Department of Transportation;

  • (3) Located within 660 feet when the advertising display sign is visible from the edge of the right-of-way of a freeway or highway designated as a Scenic Highway or City Scenic Route as described by the Progress Guide and General Plan;

  • (4) Located within 200 feet of any premises zoned for residential purposes or containing a school , church , or similar place of worship; a historical site or building; a cemetery or similar place of internment; a public or private park; or an outdoor recreational facility;

  • (5) Located within 500 feet of any other advertising display sign on the same side of the same street ;

  • (6) For purposes of (2) and (3) above, measurements shall be made from the edge of the right-of-way along a line perpendicular to the center line of the highway; and

  • (7) For purposes of (4) and (5) above, measurements shall be made along the center line of the street from which the display is designed to be primarily viewed, from a line perpendicular to the center line of that street passing through the nearest edge of the existing sign or premises to a line perpendicular to the center line passing through the nearest edge of the sign as reconstructed. This section shall not be interpreted so as to require measurement on a radial basis.

• (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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Rebuilding of an advertising display sign shall comply with the following:

• (a) The sign face of a rebuilt advertising display sign shall be no larger than the sign face of the original advertising display sign . Flashing lights and rotating or revolving signs are not permitted;

• (b) A rebuilt advertising display sign shall not exceed 45 feet in height, measured to the top of the advertising display sign from the ground level or from the level of the roadbed from which the advertising display sign is designed to be viewed;

• (c) A rebuilt advertising display sign shall comply with all setback and yard requirements of the applicable zone; and

• (d) A rebuilt advertising display sign shall be mounted or built with no more than two supporting posts.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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