(a)   The purpose of this Chapter is to establish standards for the fabrication, erection, and use of signs, and to regulate the location, type, size, and height of signage for all properties within the City of Canyon Lake. The adoption of this Chapter reflects the formal finding of fact by the City Council of the City of Canyon Lake that regulation of signage advances the following compelling governmental interests:

      (1)   Reducing signage that the City has determined to be a cause of unsafe traffic and visibility conditions for pedestrians, bicyclists, drivers, and passengers.

      (2)   Protecting pedestrians, bicyclists, drivers, and passengers from injury caused by the faulty and uncontrolled construction and use of signs within the City.

      (3)   Protecting pedestrians, bicyclists, drivers, and passengers from injury caused by distractions, obstructions, and hazards created by certain signs or by cluttered, distracting, or illegible signage.

      (4)   Promoting the public welfare, health, and safety of all persons using public thoroughfares and rights-of way within the City of Canyon Lake in relation to the signage displayed thereon, or overhanging, or projecting into such public spaces.

      (5)   Preserving the value of private property by assuring the compatibility of signs with surrounding land uses.

      (6)   Assuring that those public benefits derived from expenditures of public funds for the improvement and beautification of public streets and other public structures and spaces are protected by exercising reasonable controls over character and design of signage.

      (7)   Advancing the aesthetic goals of the City throughout the community and ensure the effectiveness and flexibility in the design, creativity, or use of signage without creating a detriment to the general public.

   (b)   The provisions of this Chapter are not intended to abrogate any easements, covenants, conditions, restrictions, or agreements which are more restrictive than the provisions hereof. The provisions of this Chapter are in addition to the Canyon Lake Property Owners Association (POA) requirements which are enforced separately.

   (c)   Furthermore, this Chapter leaves ample and adequate alternative channels of commercial speech communication for the messages portrayed on advertising signs - namely, distributed print media, broadcast media, and point-of-purchase display - and is narrowly defined so as to limit said prohibition to commercial speech on exterior signage and signage intended to be viewed from beyond the boundaries of a site.

   (d)   The penalties of the City of Canyon Lake Municipal Code may be applicable to violations of the provisions of this title.

   (e)   Any sign authorized by this Chapter may contain a noncommercial message.

(Ord. 221, passed 7-6-2022)

   For the purpose of this Chapter, certain terms, phrases, words, and their derivatives shall be construed as specified hereinafter.

   "Abandoned sign." Any sign which advertises a business, use or service which has been discontinued for a period of more than 90 calendar days.

   "Accessory sign." A permanently mounted sign that has a purpose secondary to the use of the lot on which it is located. Examples may include signs that inform of an ATM, an entrance, or a "loading only" zone.

   "Active building board sign." A type of temporary development sign that is made of a rigid material such as plywood or corrugated plastic, which may be displayed only on the site of a building under construction, and only during the time period in which the building permit is valid.

   "Advertising vehicle sign." A sign that is attached to or painted on a vehicle that is licensed and operable.

   "A-frame sign." A freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A," which is made out of wood or metal (not plastic).

   "Animated sign." A sign which uses movement, lighting, or special materials to depict action or create a special effect; but not including wind actuated elements such as flags and/or banners, and non-animated digital advertising signs, or hand-held signs.

   "Banner sign." A type of temporary sign that is made of flexible material, such as cloth or vinyl, and is supported along one or more sides or at two or more corners by wires, ropes, string, nails, or other removable fastening materials, pinned on or hanging from any structure, staff, pole, line, framing, or vehicle.

   "Billboard." Any off-site sign which is erected or used for advertising an establishment, message, merchandise, product, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located.

   "Business complex." A building or group of buildings on one or more lots or building sites containing more than one commercial or industrial occupant which use common vehicular and pedestrian access and parking facilities.

   "Comprehensive sign program." A coordinated comprehensive program of two or more signs for an individual building, building complex(es), or commonly associated development, and the site upon which the development occurs. The combination of lots covered by a "comprehensive sign program" shall be treated as a single site with the comprehensive sign program governing the entire site.

   "Development or subdivision entry sign." A freestanding sign at the entrance to a subdivision and/or homeowners' association that provides identification therefor.

   "Digital advertising sign." A non-animated, non-flashing static electronic sign that digitally transitions between images.

   "Directory sign." A special type of freestanding or attached sign that lists, indicates, or identifies a business building, business complex, or two or more business activities conducted on the premises and the location thereof.

   "Fascia." An architectural feature generally comprising a trim panel attached to the eaves and immediately below the roofing material.

   "Freestanding sign." A sign permanently resting on or supported by a slab, pedestal, post, pylon, or any other form of base located on the ground.

   "Frontage." The horizontal lineal measurement of any side of a building at ground level.

   "Governmental/public sign." A sign placed by local, state, federal, or other public agencies for health, safety, and welfare purposes, including but not limited to traffic signs, identification on public vehicles, including:

      (1)   Signs required by Federal, State, or City statute, not to exceed the maximum size permitted thereby;

      (2)   Memorial signs and plaques, not to exceed two square feet, installed by a civic or non-profit organization;

      (3)   Official and legal notices issued by a court or governmental agency and posted in compliance with law;

      (4)   Official flags of the United States, the State of California, County and City, not to exceed 100 square feet per flag; and

      (5)   Signage providing directions.

   "Hand-held sign." A sign held by a person.

   "Inflated sign." A sign consisting of a flexible envelope of nonporous materials that gains its shape from inserted air or other gas, including but not limited to balloons.

   "Legally-required sign." A sign required to be posted pursuant to State or Federal law. Examples would include signs required to be displayed on fuel pumps, such as fuel identification and station logo.

   "Legal nonconforming sign." A sign legally established under old Chapters which does not conform to the regulations of the current Chapter.

   "Monument sign." A sign supported from ground level to the bottom of the sign with the appearance of having a solid base and which does not exceed a height of eight feet.

   "Mural." An original work of visual art produced by hand that is tiled or is glass, metal, or painted directly upon, or affixed directly to an exterior wall of a structure or a paved surface, which does not advertise an institution, organization, business, product, service, and/or event. "Murals" do not include mechanically- produced or computer generated prints or images including but not limited to digitally printed vinyl, or electrical or mechanical components or changing images.

   "Non-profit organization." An organization as defined by the Federal Internal Revenue Service under Section 501(c).

   "Off-site sign." Any sign or sign subsection erected or used for advertising an establishment, message, merchandise, product, service, event, or entertainment, which is not sold, produced, manufactured, or furnished at the property or complex on which the sign is located. An "off-site sign" often provides direction to a primary location.

   "On-site directional sign." A sign that includes a directional arrow or symbol that directs people to a specific destination within a development or site. If the name, logo, or symbol of the destination is included on the on-site directional sign, the name, logo, or symbol must be less than one square foot.

   "Projecting sign." Any sign, other than a wall or fascia sign, which projects perpendicular from and is supported by a wall of a building or structure.

   "Pylon." A freestanding sign designed and constructed of masonry and metal reinforcement projects.

   "Roof sign." A sign erected, constructed, or placed upon or over a roof or parapet of a building or structure, including a mansard roof and which is wholly or partly supported by such buildings.

   "Sign." Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

   "Sign area." The entire single-side face of a sign including the surface and any framing, projections, or molding, but not including the support structure. Individual letters mounted or painted on a building shall be measured by the area enclosed by four straight connecting lines outlining the message. The area of a freestanding sign shall be determined from the sign face.

   "Single use." A single use shall be a site or building occupied by one commercial, industrial, or organizational use.

   "Site." One or more contiguous parcels of land identified by the assessor's records and for which a building or building complex exists or has been proposed.

   "Special event." An event that qualifies as a "special event" under Chapter 11.25 of the Canyon Lake Municipal Code.

   "Street frontage." The length of a lot or parcel of land along or fronting on a street or streets.

   "Temporary." Lasting for only a limited period of time, not permanent.

   "Temporary sign." A sign intended to be displayed for a certain limited period of time.

   "Time and temperature devices." A mechanical or electrical device that indicates time and temperature placed on a commercial building or property.

   "Under canopy sign." A type of on-building sign that is double-sided and directly affixed (via bolts, brackets, or similar method) underneath a rigid permanent canopy which is mounted to, or adjacent to, the facade of the building.

   "Wall or fascia sign." Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

   "Wearable displays." A sign worn by a person.

   "Window sign." A type of sign that is either painted onto a window, attached to the inside face of an exterior window, or located inside a building within three feet of a window and intended to be viewed from the exterior of the building. Window signs may face toward the outside, or both the inside and the outside.

   "Yard sign." A freestanding and mounted sign placed on-site, on one or two stakes or posts, that do not have footings, including arm and post signs (either with a bracket arm extending outward to support a hanging sign, with the sign attached directly to the side of the post, or with a sign mounted between two posts) or stake sign (erected upon one or more metal wires or wood, metal, or plastic stakes no more than three inches wide).

(Ord. 221, passed 7-6-2022)

   The following signs shall be exempt from the sign permit requirements and procedures of this Chapter; such signs shall comply with the definitions, size, construction, and other requirements (such as placement and lighting):

   (a)   Nonresidential Areas. The following signs in nonresidential areas are allowed without a permit:

      (1)   Window signs that do not exceed 100% of the total frontage glass area. Window signs posted for a specific event must be removed within 20 days after the event occurs.

      (2)   Active building board signs, limited to one active building board sign per street frontage or entrance, up to a maximum of two signs, no larger than 50 square feet.

      (3)   Accessory signs, provided no more than three are displayed, no sign projects beyond any property line or is located within the sight-distance triangle as determined by the City, and no sign exceeds nine square feet in area and four feet in height.

      (4)   Legally-required signs.

      (5)   On-site directional signs that are mounted on a monument or decorative pole that do not exceed three square feet with a maximum overall height of four feet above ground level, located a minimum distance of five feet from any property line.

      (6)   Advertising vehicle signs, provided they do not remain in place for a period greater than seven consecutive calendar days.

      (7)   One mannequin or one rack of clothing (not to exceed six feet in length), that does not obstruct the accessibility of the sidewalk, as determined by ADA, at the front of a business's entrance, if it is not within the public right-of-way and will not tip over under typical conditions and is brought inside when the business is closed.

      (8)   Hand-held signs.

      (9)   Wearable displays, one day per week per business, service, or event.

      (10)   Banner signs, provided they are installed on permanent light pole standards, no more than two per light standards, each banner sign is equal to or less than 30 square inches wide by 96 inches in height maximum, and the banner signs are not damaged.

      (11)   Government/public signs.

      (12)   A-frame signs, provided that:

         (A)   No more than one A-frame sign may be allowed per business and no more than one A- frame sign may be allowed for each entrance into a building. If there is more than one business located in a single building with one entrance, only one A-frame sign is allowed at the entrance at a time.

         (B)   The vertical dimension of the sign (including both frame and sign face) shall not exceed four feet, and the horizontal dimension of the sign (including both frame and sign face) shall not exceed two feet.

         (C)   At no time shall the distance between A-frame signs be less than 30 feet.

         (D)   The Planning Director shall have the authority to increase or reduce the requirements in this subsection (12) in case of unusual physical characteristics of the site, such as presence of driveways, landscaping, utility poles, lot configuration, and the like.

         (E)   A-frame signs shall be restricted to business operating hours only.

         (F)   A-frame signs shall not be allowed during windy days where the sign may be blown over.

         (G)   A-frame signs shall not be permitted within the public right-of-way, Merchants Association ("MA") common areas including landscape areas unless approved by the MA, and shall not obstruct flow of traffic, public's view of another business or activity, public's view of the signage for another business or activity, the view or visibility of the operator of any motor vehicle, or the movement of any pedestrian or motor vehicle.

         (H)   The maximum duration for an A-frame sign is seven cumulative days within a 30 day period.

      (13)   Noncommercial signs no larger than 32 square feet in size for no more than 45 consecutive calendar days, no more than 90 days in the aggregate, consecutive or nonconsecutive, within a calendar year. Any temporary sign in relation to a specific event (e.g., an election) shall be removed within seven calendar days after the event.

   (b)   Residential Areas. The following signs in residential areas are not subject to permitting requirements:

      (1)   Noncommercial signs no larger than six square feet in size for no more than 45 consecutive calendar days, no more than 90 days in the aggregate, consecutive or nonconsecutive, within a calendar year. Any temporary sign in relation to a specific event (e.g., an election) shall be removed within seven calendar days after the event.

      (2)   Inflated signs, not exceeding 15 feet in height, displayed for no more than 30 consecutive calendar days, no more than 60 days in the aggregate, consecutive or nonconsecutive, within a calendar year.

      (3)   On-site directional signs that are mounted on a monument or decorative pole that do not exceed three square feet with a maximum overall height of four feet above ground level, located a minimum distance of five feet from any property line.

      (4)   Government/public signs.

(Ord. 221, passed 7-6-2022)

   (a)   General. No sign, including any change in text on the sign, mural or temporary sign, unless expressly exempted by this Chapter, shall be constructed, placed or altered without a sign permit or comprehensive sign program approved by the City. The City Planner shall initially review all signs.

   (b)   Application for Permit or Program Approval. Application for a sign permit or comprehensive sign program shall be made in writing upon forms provided by the City Planner and shall include the following items:

      (1)   Name, address, telephone number and signature of the applicant.

      (2)   Name, address, telephone number and signature of consent by the property owner.

      (3)   Location by street number and legal description (tract, block, lot) of the building, structure, or lot to which or upon which the sign is to be installed or affixed.

      (4)   A drawing to scale showing the design of the sign, including dimensions, square footage, and showing the relationship to any building or structure to which it is, or is proposed to be, installed or affixed, or to which it relates. Drawings shall be a reproducible size, maximum 11x17.

      (5)   For all signs except wall signs, a site plan drawn to scale, showing existing buildings, dimensions, property lines, setbacks, streets, sidewalks, driveways, landscaping areas, and number, size and location of existing and proposed signs. Drawings shall be a reproducible size, maximum 11x17.

      (6)   For wall mounted and suspended signs, scaled elevation drawings of full face(s) of the building showing size and locations of proposed and existing signs. Drawings shall be a reproducible size, maximum 11x17.

      (7)   If any existing signs that are associated with the specific businesses' tenant space are to remain legal nonconforming signs, the sign program shall address the phasing of bringing those signs into conformity pursuant to Section 9.25.100.

      (8)   The application fee in the amount established by resolution of the City Council.

      (9)   Other requirements as determined necessary by the City Planner and in compliance with any adopted design guidelines, including but not limited to:

         (A)   Photograph(s) of the building or site.

         (B)   Lettering style, method of attachment, source of illumination, and/or construction details.

         (C)   Color samples and material samples.

   (c)   Method of Review and Approval - Sign Permit. The purpose of a sign permit is to ensure compliance with the provisions of this Chapter. Any sign permit may be referred to the City Council for review and decision as deemed appropriate by the City Planner and/or City Manager.

      (1)   After receipt of a complete application for a sign permit, the City Planner shall review the application for conformance and render a decision to approve, conditionally approve, or deny such sign request.

      (2)   Signs Requiring City Council Review and Other Signs Referred to City Council.

         (A)   After receipt of a complete application for a sign permit, the City Planner shall review the application for conformance and shall schedule for review by the Planning Committee.

         (B)   The Planning Committee shall consider and recommend approval or denial to the City Council.

         (C)   The City Council, at an appropriately noticed public hearing, shall render a decision to approve, conditionally approve, or deny such sign permit proposal. Ten days prior to the hearing notice shall be published and mailed to all real property owners within 300 feet of the project site (property to contain the sign).

         (D)   Such review shall ensure that any sign proposal is in conformance with this Chapter, any adopted sign design guidelines, and the General Plan, as well as other applicable Chapters and policies of the City. Any determination made by the City Planner may be appealed to the Planning Committee and ultimate decision by the City Council. A decision by the City Council is final.

   (d)   Method of Review - Comprehensive Sign Program. The purpose of a comprehensive sign program is to ensure compliance with the provisions of this Chapter. The intent of the comprehensive sign program is to provide an opportunity for a center or complex to obtain approval of an overall sign program which will enable administrative review and approval prior to installation for those individual signage elements which were approved in the sign program.

      (1)   After receipt of a complete application for a comprehensive sign program, the City Planner shall review the application for conformance and shall schedule for review by the Planning Committee.

      (2)   The Planning Committee shall consider and recommend approval or denial to the City Council.

      (3)   The City Council, at an appropriately noticed public hearing, shall render a decision to approve, conditionally, approve, or deny such sign program request. Ten days prior to the hearing notice shall be published and mailed to all real property owners within 300 feet of the project site (property to contain the sign).

      (4)   Prior to approval of a comprehensive sign program, the City Council shall make the following findings:

         (A)   The specific standards for sign area, height and location are appropriate for the site;

         (B)   The proposed signs are visually compatible with the buildings they identify;

         (C)   To the extent practicable, the proposed sign program shall be internally consistent and compatible with the site and its components;

         (D)   The proposed signs are compatible with surrounding land uses and do not obscure adjacent conforming signs or viewscapes;

         (E)   The proposed signs do not obstruct visibility for ingress and egress from adjacent conforming signs or viewscapes; and

         (F)   The proposed signs are compatible with the purpose and intent of this Chapter.

   (e)   Time and Temperature Devices. Time and temperature devices may be considered for approval as part of a sign application when they are located on private property, are not located on a roof, unless as part of a tower structure, do not exceed 16 square feet for each face, and do not rotate. Any monument sign which incorporates a time and temperature element may be permitted up to 50% additional height. A sign with a time and temperature element may not be located within 4,000 lineal feet of another such sign along the same roadway. Any clock shall keep accurate time; if this condition is not complied with, the clock shall be repaired or removed within ten days of official notice from the City.

   (f)   Other Permits Required. Issuance of a sign permit or approval of a comprehensive sign program does not preclude the necessity for obtaining building, electrical, or other permits for signs where such other permits are required by the City.

(Ord. 221, passed 7-6-2022)

   (a)   General. This section addresses and establishes minimum and maximum quantitative measures for regulating the sizes of signage. Signage shall be consistent with the following requirements as well as with any adopted sign design guidelines or Specific Plan.

   (b)   Single Business/Building. Each single use shall be permitted one sign attached to the building and one free standing sign per street frontage, as set forth below. (For business complexes, see section 9.25.050(c).)

      (1)   Aggregate Area. The total aggregate area of all signs per single use shall not exceed one and a half (1 VT) square feet of sign area for each one linear foot of building frontage or frontage of the use within a portion of the building. Notwithstanding the foregoing, frontages along the golf course shall be permitted signage at one-half square feet of sign area for each one linear foot of building frontage. Sign area accruing from one frontage may be allocated only to signage along the same frontage.

      (2)   Attached Signs. Wall or fascia signs, under canopy signs, and projecting signs may be allowed as an attached sign, pursuant to the following requirements:

 

 

      (3)   Freestanding Signs. A monument sign may be allowed as a freestanding sign, pursuant to the following requirements:

 

   (c)   Business Complex (Multi-Tenant Uses). The following signs shall be allowed within business complexes.

      (1)   Individual business uses within a building complex may be permitted one sign attached to the building, as set forth in subsection (b)(2) above.

      (2)   In addition to the signage for individual businesses within a business complex, the following signs shall be allowed:

 

   (d)   Murals. Murals may be permitted in nonresidential areas, pursuant to the permit process set forth in Section 9.25.040, provided they meet the following conditions. Any mural may be referred to the City Council for review and decisions as deemed appropriate by the City Planner and/or City Manager.

      (1)   No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

      (2)   No part of a mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted, or affixed.

      (3)   Murals shall not be intended to be used as a method for commercial speech, but primarily as public pieces of art for aesthetic and/or architectural enhancement.

      (4)   Murals that would result in a property becoming out of compliance with the provisions of the City's Municipal Code or Zoning Chapter, or any land use condition of approval for the property on which the mural is to be located are prohibited.

      (5)   Dedication plaques are allowed, located on or adjacent to murals.

(Ord. 221, passed 7-6-2022)

   (a)   Permit Required. Notwithstanding the temporary signs identified in section 9.25.030(a), no temporary sign shall be erected or placed in nonresidential areas without a sign permit pursuant to the requirements of Section 9.25.040. Such temporary signs shall only be allowed if they are expressly identified herein and conform to the following standards.

   (b)   Location. No temporary sign shall extend into or be located within the public right of way or obstruct visibility for ingress and egress from roadways or endanger and/or obstruct pedestrians, motorists, or the public.

   (c)   Banner Signs.

      (1)   Duration. Banner signs shall be limited to no more than 30 consecutive days, four times a year, per business or organization.

      (2)   Standards. Banner signs shall not exceed 50 square feet and shall be professionally made. Banner signs shall be attached only to a building or other appropriate location determined by the City Planner and shall not be hung from trees, monuments signs, or other structures.

   (d)   Inflated Signs.

      (1)   Duration. Inflated signs are only allowed for grand openings of businesses for a time period not to exceed two weeks within the first three months of operation.

      (2)   Standards. Inflated signs shall be limited to a maximum height of 25 feet.

   (e)   Special Events. If for a special event, as set forth in Chapter 11.25 of the Canyon Lake Municipal Code, in no case shall a banner sign be displayed for more than one month prior to the special event it advertises and more than two days following the end of the special event it advertises.

(Ord. 221, passed 7-6-2022)

   (a)   General. No sign shall be allowed in residential areas except for the following categories of signs that comply with the provisions of this Chapter and have received approval if necessary, as set forth in section 9.25.030(b).

   (b)   Permanent Signs. The following permanent signs are allowed in residential areas:

      (1)   On-site directional signs.

      (2)   Building management identification signs, provided that:

            (A)   Multiple residential developments located on lots of 100 feet or less in width may be permitted one building management identification sign with a maximum area of five square feet.

         (B)   Multiple residential developments located on lots exceeding 100 feet in width may be permitted one building management identification sign with a maximum area of 15 square feet.

         (C)   Except as permitted in this section, the building management identification sign shall be fastened parallel to the surface of the building, or be constructed as a ground sign parallel with the main building, with a maximum of four feet in height, and shall not project farther than five feet from the building. No sign shall be permitted on the roof, eave vents, or on the wall above the first floor.

      (3)   Development or subdivision entry signs, provided that:

         (A)   Single-family residential subdivisions containing a minimum of 20 units may be permitted development or subdivision entry signs at primary entrances to the development with a maximum sign area of 20 square feet per face. The proposed signs at primary entrances may be located on both sides of the street.

         (B)   The development or subdivision entry signs adjacent to each primary entrance shall be incorporated into a monumentation style structure, constructed of decorative block/brick and/or similar material, located behind the corner cutoff area, and have a maximum height of six feet. Signs with a maximum height of three feet may be located within the corner cutoff area.

         (C)   All development or subdivision entry signs, if lighted, shall be externally illuminated and all lighting shall be directed away from the street and adjacent properties.

         (D)   Height of all development or subdivision entry signs shall be measured from the adjacent grade elevation.

         (E)   An entity, such as a homeowners' association or a landscape and lighting district, shall be formed, empowered, and required to maintain all development or subdivision entry signs.

   (c)   Temporary Signs. The following temporary signs are allowed:

      (1)   Noncommercial signs no larger than six square feet in size for no more than 45 consecutive calendar days, no more than 90 days in the aggregate, consecutive or non-consecutive, within a calendar year. Any temporary sign in relation to a specific event (e.g., an election) shall be removed within seven calendar days after the event.

      (2)   Two inflated signs, not exceeding 15 feet in height, displayed for no more than 30 consecutive calendar days, no more than 60 days in the aggregate, consecutive or non- consecutive, within a calendar year.

      (3)   Active building board signs.

(Ord. 221, passed 7-6-2022)

   (a)   General Prohibition. Any sign which is not expressly permitted or exempted by this Chapter, or by a process herein, shall be deemed prohibited.

   (b)   Specific Prohibitions. The following signs are inconsistent with the sign standards set forth in this Chapter and are therefore explicitly prohibited:

      (1)   Abandoned signs.

      (2)   Animated signs.

      (3)   Off-site signs, including billboards.

      (4)   Signs painted on fences or roofs.

      (5)   Any sign erected, placed, extended into or be maintained in or on public property, the public right-of-way, or any publicly owned sign, building, tree or shrub, or other object or structure, including but not limited to sidewalks, crosswalks, streetlamps, hydrants, transformers, or power poles.

      (6)   Any sign erected, placed, or maintained so that it endangers the safety of persons or property, obstructs, or impairs motorists' or pedestrians' line of sight to areas of vehicular or pedestrian traffic, or obscures the view of any fire hydrant, traffic sign, traffic signal, street sign, or public information sign.

      (7)   Signs that simulate in color or design a traffic sign or signal, or which make use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic.

      (8)   Signs over roadways.

      (9)   Signs containing statements, words, pictures, or other representations that violate Section 311 et seq. of the Cal. Penal Code.

      (10)   Any sign that has not received the proper approval pursuant to this Chapter 9.25.

   (c)   Unsafe Signs. Any sign which constitutes an immediate hazard to the safety of any persons or property may be summarily removed by the City forthwith upon ascertainment of such facts by the City.

(Ord. 221, passed 7-6-2022)

   The Cal. Business and Professional Code, Subsection 5499.1, identifies the appropriate procedure for removal of on-premises illegal or abandoned signs. Therefore, the following shall regulate such signs.

   (a)   Abandoned Commercial Freestanding Signs. A sign shall be determined to be abandoned when the business, use, or service it advertises has been discontinued for a period of more than 90 calendar days. Removal of text used to advertise a business and continued maintenance of the sign structure does not constitute abandonment. If a sign has been abandoned, it shall be removed from the lot or building site on which it is located pursuant to the following procedure:

      (1)   The City shall prepare a notice of intent to adopt a resolution declaring specific signs to be a public nuisance. Such notice shall be sent ten days prior to the hearing to all sign owners and/or responsible parties stating the time, place and date of the hearing and the nature of illegality of the sign(s).

      (2)   Following adoption of the resolution, the City shall post subject properties requiring abatement of signs noticing the time, date, and place of hearing on objections. The notice shall be in the following form:

   NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY

      Notice is hereby given that on the ____ day of _______, 20__, the City Council of the City of Canyon Lake adopted a resolution declaring that an illegal advertising display is located upon or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City.

      The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the office of the clerk of the legislative body.

      All property owners having any objection to the proposed removal of the display are hereby notified to attend a meeting of the City Council of the City of Canyon Lake to be held (give date, time, and place), when their objections will be heard and given due consideration.

   Dated this _________ day of ______, 20______

   ____________________________________

   (Title)

   City of Canyon Lake, CA

      (3)   The City Council shall hold the hearing and adopt the abatement process directing the owners and/or responsible parties to remove the sign(s) by a certain date.

      (4)   An owner and/or responsible parties may submit an appeal of the City Council's actions within ten calendar days after the date of the decision by the City Council, an appeal in writing may be made on the form provided by the Planning Department and which shall be accompanied by a filing fee as set forth in Chapter No. 671. Upon receipt of a completed appeal the Planning Director shall set the matter for hearing and mail notice thereof to the applicant and the appellant. City Council's action on the appeal shall be considered final.

      (5)   The owner and/or responsible party shall be responsible for all costs of abatement, including the costs of the application. If an owner and/or responsible party fails to remove the sign within the specified time frame, the City shall cause the sign to be removed and the cost shall be assessed to the owner and/or responsible party as provided by Cal. Business and Professions Code Section 5499 et seq.

   (b)   Illegal Signs. Any sign erected without a permit and/or erected in contravention to regulations in existence at the time of its erection or placement is considered to be an illegal sign. Illegal signs shall be abated pursuant to the same procedure identified for removal of abandoned signs, in this Section (subsections (a)(1) through (a)(4) above).

   (c)   Legal Nonconforming Signs.

      (1)   A legal nonconforming sign shall not be:

         (A)   Structurally altered to extend its useful life that may include but is not limited to repainting and other maintenance tasks.

         (B)   Expanded, moved or relocated.

         (C)   Reestablished after a business has been discontinued for a continuous period of 90 days.

         (D)   Reestablished after damage or destruction of more than 50% of the sign.

         (E)   Reestablished after a change in use of the property or business to which the sign relates.

      (2)   Any permanent sign which was properly erected pursuant to laws and regulations in existence at the time of its erection of placement, but which does not meet the requirements of this Chapter, shall be allowed to be brought into conformance, in accordance with Section 9.25.040 of this Code.

      (3)   Any legal nonconforming sign shall be required to be brought into conformance or abated in advance of the requirements of Section 9.25.040 in conjunction with any conditional use permit or development permit which is hereafter granted on the same site.

(Ord. 221, passed 7-6-2022)

   (a)   Intent of Provisions. It is the intent of this Section to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this Chapter is as important as is the prohibitions of new signs that would violate these regulations.

   (b)   General. Every sign which does not comply with the provision of this section shall be removed, brought into conformance, or amortized in accordance with this Section. Time periods for amortization of nonconforming signs shall begin from the completion and publication (or posting) of the inventory specified below. Any sign which becomes nonconforming either by reason of amendment of this Chapter, shall also be subject to the provisions of this Chapter. The period of time within which such sign must be abated shall commence upon the effective date of such amendment. Any sign not complying with the provisions of this Chapter at the end of the amortization period shall be deemed a public nuisance and abated in accordance with this section.

   (c)   Signs to be Brought into Conformance Within Six Months. The following signs shall be removed or otherwise brought into conformance by the person(s) deemed responsible for such signs within six months of official notification following the completion of the inventory of illegal, nonconforming and abandoned signs required by subsection (g) of this section. If there are substantial changes a grace period of 30 days shall be allowed beyond the amortization period.

      (1)   Illegal signs.

      (2)   Temporary commercial signs or temporary on-site devices attached to signs or used in conjunction with the promotion of any product, service or use, such as flags, banners, bunting, inflatable devices, pennants, streamers, and spinners, except as permitted by section 9.25.060.

      (3)   Any sign type which is listed as prohibited in section 9.25.080 which is not determined to be legally nonconforming.

      (4)   Signs in a state of disrepair or showing poor maintenance or questionable structural integrity.

   (d)   Legal Nonconforming Wall Signs. Any permanent wall sign which was properly erected pursuant to regulations in existence at the time of its erection or placement, and with a valid sign and/or building permit, but which does not meet the requirements of this Chapter, shall be allowed to remain in existence, notwithstanding its nonconforming character, for a period not to exceed six months from the day of completion and publication (or posting) of the inventory as specified by subsection (h) below, providing that such signs and sign structures remain in full compliance with sections 9.25.080 and 9.25.110 of this Code; and further providing that if a comprehensive sign program is adopted pursuant to section 9.25.040 hereof, within one year from the date of completion and publication or posting of the inventory as specified in subsection (h), which program addresses the amortization of all legal non-conforming signs with the program, the amortization period shall be extended to a total of one year. Notwithstanding the aforementioned, such signs must be brought in conformance if major exterior building modification occurs as determined by the City.

   (e)   Legal Nonconforming Roof Signs.

      (1)   Any permanent roof sign, which was properly erected pursuant to the regulations in existence at the time of its erection or placement, and with a valid sign permit, and/or building permit, shall be allowed to remain in existence, notwithstanding its nonconforming character, for a period not to exceed six months from the date of completion and publication (or posting) of the inventory as specified by subsection (h) below, providing that such signs and sign structures remain in full compliance with section 9.25.110 of this Code; and further providing that if a comprehensive sign program is adopted pursuant to section 9.25.040 hereof, within one year from the date of completion and publication or posting of the inventory, as specified in subsection (h) below, which program addresses the amortization of all legal non-conforming signs within the program, the amortization period shall be extend to a total of one year. Notwithstanding the aforementioned, such signs must be brought into conformance if major exterior building modification occurs as determined by the City.

      (2)   If it is determined by the City Planner during inventory and identification of signs (subsection (h) below) that the construction of a building is such that reasonable signage cannot be placed in any location other than the existing roof sign(s), said sign(s) shall be deemed in compliance with this Chapter until such time as the building is remodeled sufficiently to allow signage other than roof signs.

   (f)   Legal Nonconforming Freestanding Signs. Any permanent freestanding sign, measuring 65 square feet or less and 35 feet or less in height, which was properly erected pursuant to the regulations in existence at the time of its erection or placement, and with a valid sign permit, and/or building permit, shall be allowed to remain in existence, notwithstanding its nonconforming character, for a period not to exceed six months from the date of completion and publication (or posting) of the inventory as specified in subsection (h) below, providing that such signs and sign structures remain in full compliance with section 9.25.110 of this Code; and further providing that if a comprehensive sign program is adopted pursuant to Section 9.25.040 hereof, within one year from the date of completion and publication or posting of the inventory as specified in subsection (h), which program addresses the amortization of all legal non-conforming signs within the program, the amortization period shall be extended to a total of one year. Notwithstanding the aforementioned, such signs must be brought into conformance if major exterior building modification occurs as determined by the City.

   (g)   All Other Legal Nonconforming Signs. Any sign which was properly erected pursuant to the regulations in existence at the time of its erection or placement, and with a valid signs and/or building permit, but which does not meet the requirements of this Chapter, shall be removed or otherwise brought into compliance with this code within six months of the date of completion and publication (or posting) of the inventory as specified by subsection (h). Such signs must be brought into conformance if a building permit or permits are subsequently issued on the site of major exterior modifications.

   (h)   Inventory of Nonconforming and Abandoned Signs. The City may initiate an inventory and identification of all illegal, legal nonconforming, and abandoned signs within the City, as determined necessary by the City Manager. If any illegal, legal nonconforming and abandoned sign is not identified as part of the City's initial inventory, any such sign may be added to the inventory upon its identification as such.

(Ord. 221, passed 7-6-2022)

   (a)   General. Any violation of this Chapter shall be considered to be an infraction, except in the case of an off-site outdoor advertising display which shall be considered to be a misdemeanor. Any violation of this Chapter or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceeding pursuant to State law and the City's Municipal Code including but not limited to administrative citations. A violation of this Chapter shall also be considered a violation of the Zoning Chapter of the City. The remedies shall include the following:

      (1)   Issuing a stop work order for any and all work on any signs on the same lot.

      (2)   Seeking an injunction or other order of restrain or abatement that requires the removal of the sign(s) or the correction of violation.

      (3)   Seeking in court the imposition of any penalties that can be imposed by such court under the Municipal Code.

      (4)   Seeking in court the imposition of any penalties that can be imposed by such court the Municipal Code, or laws of the State of California.

      (5)   In the case of a sign that poses an immediate danger to the public health or safety (see unsafe signs), immediate removal by the City may be authorized by the Director of Building and Safety. Cost of such removal shall be assessed to the owner of the property.

      (6)   The City shall have such other remedies as are and as may from time to time be provided for or allowed by State law for the violation of its Chapters.

   (b)   Right of Entry. When necessary to make an inspection to enforce any of the provisions of this Chapter, or when the City has reasonable cause to believe that there exists any sign or any condition which makes such sign unsafe, the City, upon adherence with applicable law, may enter the premises or building upon which such sign is located.

   (c)   Violations. Any of the following shall be a violation of this Chapter and shall be subject to the enforcement remedies and penalties of this Chapter, of the Municipal Code, and of State law:

      (1)   To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone in which the sign is located.

      (2)   To install, create, erect, or maintain any sign requiring a permit without such a permit.

      (3)   To fail to remove any sign that is installed created, erected, or maintained in violation of this Chapter or with respect to a legal nonconforming sign if the sign amortization period has lapsed.

      (4)   To continue an identified violation. Each day an identified violation exists shall be considered a separate violation regarding enforcement of this Chapter.

   (d)   Separate Violations. Each sign installed, created, erected, or maintained in violation shall be considered a separate violation when applying the penalty portions of this section.

   (e)   Responsibility. As used in this section, "person(s) deemed responsible" shall mean any or all of the following:

      (1)   The person or entity who owns the real property upon which the sign exists.

      (2)   The occupant of any premises upon which the sign exists.

      (3)   The owner of the sign.

      (4)   The person who, or entity which, erects, places, or alters the sign.

   (f)   Enforcement. It shall be the duty of the City Planner to enforce the provisions of this Chapter pertaining to all signs and sign structures. No permit of any type shall be issued by any department or office of the City in conflict with the provisions of this Chapter. Such permit where issued in conflict with this Chapter is declared null and void.

(Ord. 221, passed 7-6-2022)

   (a)   Every sign, and all parts, portions, and materials shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City regulations and the Uniform Building Code.

   (b)   Every sign, including those specifically exempt from the Chapter with respect to permits and permit fees, and all parts, portions, and materials shall be maintained and kept in good repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracks, broken surfaces, malfunctioning lights, and missing sign copy, or other unmaintained or damaged portion of a sign or area from which a sign has been removed shall be repaired or replaced within 30 calendar days following notification by the City. Noncompliance with such a request shall constitute a nuisance and penalties may be assessed in accordance with the provisions of the City's Municipal Code.

(Ord. 221, passed 7-6-2022)

   Any interested party has the right to appeal the decision pursuant to section 2.01.100 of this Code, unless another provision is made applicable.

(Ord. 221, passed 7-6-2022)

   An applicant may apply for a variance to the provision of this Chapter as permitted by Ordinance 348, Section 18.27.

(Ord. 221, passed 7-6-2022)