The intent of this chapter is to provide the City of Del Rey Oaks with a viable, practical, and user-friendly set of sign regulations that will: promote the orderly growth of the community; facilitate the continual upgrading of the community; preserve the natural beauty of Del Rey Oaks while simultaneously protecting the rights of property and business owners to display signs appropriate to their contexts.

These sign regulations, pursuant to the provisions of the Del Rey Oaks General Plan, set forth the minimum acceptable standards necessary to protect and safeguard the life, peace, health, safety, property, and general welfare of the public by regulating among other things the location, placement, size, number, area, type, illumination and maintenance of signs and sign structures.

In addition to the standards specified above, a primary goal of these regulations is to ensure that signs and sign structures are considered in light of the architectural and landscape design of the buildings and properties along with individual setting or location of the buildings and properties; and to avoid visual clutter and the impacts of signs and sign structures that are out-of-scale with their contexts. Signs should, when possible, encourage and enhance a village-like atmosphere with emphasis on the use of wood signs, as appropriate.

(Ord. No. 309, § 1, 10-26-2021)

No sign shall be placed, displayed, painted, posted, printed, tacked, fastened, erected, relocated, or constructed except as provided in this chapter.

(Ord. No. 309, § 1, 10-26-2021)

Any person placing, constructing, erecting, altering, relocating, tacking, fastening, painting, posting or displaying any sign in the City shall obtain authorization from the owner or lessee of the property and, if required, a permit pursuant to this chapter, before taking such actions.

(Ord. No. 309, § 1, 10-26-2021)

A.

A sign permit approved by the Planning Commission shall be required of all signs unless otherwise specified in this chapter.

B.

Any person seeking a sign permit shall submit to the City Clerk a sign permit application including accurate plans, scale drawings, color boards, examples of materials and any such other information specified by the City Manager showing the size, shape, location, color, materials and physical relationship to the site of the sign and sign structure.

Upon review of the sign permit application, the Planning Commission may approve, disapprove, conditionally approve or approve a modified version of a sign permit application, if it makes the following findings:

1.

The sign is consistent with the intent and provisions of this title, the General Plan, and other applicable law.

2.

The sign, together with all other signs on the premises, does not exceed the maximum total sign area allotment for the site, as established in this chapter.

C.

Applicants for sign permits shall submit a sign permit application fee, established from time to time by resolution of the City Council, to the City Clerk along with the application. Such fee must be submitted before consideration of any sign permit application by the Planning Commission.

D.

Duration and Extension. A sign permit shall be null and void if a building permit has not been granted within two years of the date of approval of the sign permit or if a sign not requiring a building permit has not been installed within two years of the date of approval of the sign permit unless the sign permit approval is extended by the Planning Commission. Requests for a sign permit extension shall be made in writing at least 60 days before the sign permit would otherwise become null and void under this section.

(Ord. No. 309, § 1, 10-26-2021)

The following signs are exempt from the requirements of this chapter, except the safety provisions contained in section 17.59.070 B.5.—9.

(Ord. No. 309, § 1, 10-26-2021)

A.

Any permanent sign not conforming to the provisions of the ordinance codified in this chapter and lawfully existing before adoption of the ordinance codifying the provision such sign violates is a legal nonconforming sign.

B.

Nonconforming signs shall not require a sign permit and may be maintained in their nonconforming state until redesigned, dimensioned, relocated, or otherwise significantly altered, at which time they must be brought into compliance with this chapter.

C.

Failure of City staff to notify the property owner and/or the operator of a nonconforming sign does not authorize the continued use of the sign or excuse the property owner and/or operator from compliance with this section.

(Ord. No. 309, § 1, 10-26-2021)

A.

Applicable Standards. The appropriate sections of the Uniform Building Code (UBC), the Uniform Electric Code (UEC) or any amendment thereto adopted by the City of Del Rey Oaks shall apply to the construction, placement, display, maintenance, and repair of signs in the City of Del Rey Oaks. A permit for the construction and placement of a sign shall only be required where the footprint of the structure is being changed or in accordance with Section 17.59.170. Where a permit for any sign is required the Planning Commission shall first consider the application before a permit is issued. The Planning Commission shall approve the application if all UBC and UEC provisions are met, and the design and material being used for the sign is consistent with the provisions of this Chapter.

B.

All signs, except those exempt from this chapter under section 17.59.050, shall comply with the following provisions:

1.

Maintenance. All signs and sign structures shall be maintained in a state of good repair. No permit shall be required for repainting, cleaning or other normal maintenance and repair of a sign unless the structure, design, size, color location or character is altered.

2.

Prohibited Construction. Signs with internal or built-in illumination shall be constructed using noncombustible materials, unless use of other fire resistive materials is approved by the Planning Commission. Signs shall not use guide wires or exposed strut-like sign structures.

3.

Sign Removal. When wall mounted signs are removed, the wall behind the sign shall be repaired and painted to match the rest of the wall within 30 days of the date of the removal.

4.

Single-use plastic products are discouraged and the use of materials consistent with the structures and setting where the sign is to be located are encouraged.

5.

No sign shall be erected, relocated, altered or maintained in a way that prevents or hinders ingress to or egress from any door, window or fire escape.

6.

No sign shall be attached to a standpipe, gutter, drain or fire escape, except signs referring specifically to the standpipe, gutter, drain or fire escape to which it is attached.

7.

No sign shall be erected in a way that obstructs or confuses the view of any authorized traffic sign, signal, or device from the public right-of-way.

8.

Nails, tacks and wires shall not protrude from any sign. All structural trim maintained in conjunction with, attached to, or superimposed on any sign shall be safely and securely built or attached to the sign structure.

9.

Signs shall not be placed in the runway protection zone of the Monterey Regional Airport in a way that interferes with the purposes of that zone.

(Ord. No. 309, § 1, 10-26-2021)

A property owner shall remove all signs left or abandoned by a previous tenant or property owner within 30 days of the property owner taking possession of the premises. The property owner shall restore the area where the sign was located to good condition.

(Ord. No. 309, § 1, 10-26-2021)

In addition to all other requirements in this chapter, illuminated signs shall comply with the following provisions:

A.

Illuminated signs shall not use high intensity, unshielded or undiffused lights.

B.

Lights or illumination shall be shielded, oriented or diffused so as to eliminate undue glare onto adjacent properties or the public right-of-way.

C.

Lights shall be shielded or diffused so as to eliminate the possibility of conflict with safe traffic movement.

D.

The Planning Commission may, on request by City staff, require reduction in the intensity of illumination after the installation of any illuminated sign if the Planning Commission finds, in its reasonable judgment, the illumination creates undue glare, annoyance or hazard.

(Ord. No. 309, § 1, 10-26-2021)

Ancillary Information Signs. Small signs generally used in commercial business including, but not limited to, information regarding credit cards, property management, hours of operation, OPEN, etc. Also, small signs generally posted for noncommercial and informational purposes, including, but not limited to, security signs, "beware of dog" signs, "no trespassing" signs, and "no solicitation" signs.

Directional Signs. Signs containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly owned natural phenomena, historic, cultural, scientific and educational sites; and publicly owned or operated areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

Government Signs. Signs and notices placed by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state, or local law for the purposes of carrying out an official duty or responsibility.

Personally Attended. Means that a person is at all times physically present within five feet of a sign.

Primary Business Frontage. Frontage of a building containing the primary entrance to the occupancy thereon. In such cases where there are multiple potential primary entrances, the Planning Commission shall determine which frontage is the primary frontage. In no case shall there be more than one primary business frontage.

Secondary Business Frontage. That frontage of a building containing any entrance other than a primary business frontage. In no case shall more than two secondary business frontages be permitted.

Shopping Center. Commercial and retail buildings and associated facilities which have been designed and developed as an integrated unit containing more than four separately owned and operated businesses which function as an integral unit and which utilize common off-street parking.

Sign. Any letters, figures, design, symbol, trademark or illuminating device intended to attract attention to any person, partnership, corporation or unincorporated association, or to any place, subject, public performance, article, machine or merchandise, whatsoever, and painted, printed, constructed, erected or displayed in any manner whatsoever.

Sign Area. That area enclosed by a square, rectangle, triangle or other shape which connects the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper. Sign area shall include only one face of any double-faced sign, but shall include all faces of any multi-faced sign containing more than two faces. For the purpose of this definition, the faces of a double-faced sign shall be parallel. If not, they shall be counted as multiple signs.

Sign Area Allotment. The maximum area of signs that may be displayed on any site, premises, business, building, parcel, lot or otherwise not including signs specifically exempted in this chapter

Temporary Signs. A sign constructed of cloth, canvas, light fabric, cardboard, wallboard, poster board, or other light materials, with or without frames, and mounted in a nonpermanent manner.

Utility Signs. Warning signs, informational signs, notices or markers which are customarily placed by public or private utilities, as essential to their operations.

Window Display. A window display is an arrangement of merchandise, including graphics and text, that is at least 18 inches in depth and is displayed in a building window. If a window display includes a sign greater than four square feet located within 18 inches of the window surface, it is considered a sign.

Window Sign. A sign painted directly on a window, affixed to the inside of a window, or located inside facing a window and located within 18 inches of a window surface.

(Ord. No. 309, § 1, 10-26-2021)

The following signs are prohibited.

A.

Any sign that exceeds 32 square feet of sign area.

B.

Attention-getting signs and devices that involve animation, rotation, flashing, projections, scintillation, or any type of movement, except barber poles and signs that describe the current time, date, or temperature.

C.

Backlit translucent awning signs.

D.

Electronic message signs, except traffic control signs.

E.

No private party sign may be placed on City property or in the public right-of-way unless approved by the City by encroachment permit. Any sign placed less than five feet from the edge of the asphalt of a street is presumed to be located in the City right-of-way. The City may summarily remove any signs placed in violation of this subsection and shall store impounded signs for 30 days, after which the City may salvage, sell or destroy the signs. The City shall make a good faith attempt to notify the owner or political campaign of confiscation of the sign within seven days of confiscation and allow the owner or political campaign to retrieve the sign within 30 days of confiscation. The city may recover from the owner, political campaign, and any other person involved in placing the sign the full costs of removal and disposal of such sign, including any administrative staff costs and attorneys' fees incurred in enforcing this chapter.

F.

Highly reflective and fluorescent (day-glow) signs.

G.

Off-site advertising signs designed to direct attention to a business, commodity, service, or entertainment, sold, or offered elsewhere than on the premises or property on which the sign is located, except for temporary signs.

H

Roof Signs. Signs attached to, supported by, mounted on or projecting above a roof or other roof-like architectural feature.

I.

Projecting Signs. Signs that project more than three feet outward from the location where they are mounted, or signs that project any distance into the public right-of-way.

J.

Signs posted on trees, utility poles, traffic signposts, light posts, traffic signals, or any other official traffic control device.

K.

Signs which simulate or imitate in size, color, lettering or design any traffic sign or signal, or which make use of words, symbols or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic.

L.

Signs otherwise prohibited in a specific plan, master plan, area plan, or other document addressing land use adopted by the City Council.

M.

Any other sign which the City staff reasonably determines creates a public health or safety hazard.

(Ord. No. 309, § 1, 10-26-2021)

The following signs are authorized, subject to the requirements of this chapter, including approval of a sign permit unless otherwise specified herein.

A.

Barber pole signs. A striped pole characteristic of barbershops. Such signs may rotate. One barber pole sign is permitted per barbershop business.

B.

Directional and public service signs. Public service signs, including time and temperature devices and signs indicating the location or direction of a place or area on the premises upon which the sign is located. Such signs are not included in the maximum total sign area allotment if the sign is deemed necessary by the City Manager.

C.

Freestanding signs. Permanent freestanding signs not attached to any portion of a building and not projecting over or through a roof, eaves of a building or any public right-of-way.

D.

Awning, marquee, and Canopy Signs. Signs attached to the face of or supported by an awning, marquee or canopy. Awning, marquee or canopy signs must be parallel to the face they are attached to and must not hang lower or project above the face to which attached.

E.

Nameplates. Professional nameplates and occupational signs less than three square feet in area.

F.

Reader board signs. A sign with detachable or interchangeable letters.

G.

Under canopy signs. Under canopy signs that do not exceed four square feet will not be included in the maximum total sign area allotment. Any such sign exceeding four square feet shall be included in the maximum total sign area allotment. Such signs shall have a minimum clearance of seven feet, six inches above the sidewalk.

H.

Wall signs. A sign of either solid face construction or individual letters placed against the exterior wall of any building or structure. Such signs shall not extend more than one foot beyond the wall.

I.

Permanent window signs. A window sign designed to be displayed for more than 45 days. Permanent window signs may cover no more than ten percent of the area of the window. Such signs are not included in the maximum total sign area allotment. Permanent window signs may be authorized by the City Manager in his or her sole discretion.

J.

Portable signs. Each business may be allowed one portable sign without approval of a sign permit. Portable signs shall be:

1.

Placed at ground level with a maximum height of four feet;

2.

No larger than three feet by four feet;

3.

Placed at least four feet away from vehicle entrances and exits; and

4.

Not placed in the public right-of-way.

5.

Only permitted from dawn until dusk.

(Ord. No. 309, § 1, 10-26-2021)

Notwithstanding any other provisions in this chapter, signs within the C-1, C-2, P-C, L-M and M zoning districts are subject to the following provisions:

A.

Sign Area. One and one-half square feet of sign area is permitted for every foot of primary business frontage to a maximum of 100 square feet per business. One-half square foot is permitted for every foot of secondary business frontage to a maximum of 25 square feet for each secondary business frontage.

B.

Number of Signs. No more than two signs may be permitted per business, unless otherwise approved by the Planning Commission. Under canopy signs are not counted for the purposes of this section.

C.

Shopping centers may be permitted to erect one free-standing identification sign which may indicate site tenants. The free-standing identification sign must be located adjacent to the principal street frontage and shall not exceed 100 square feet in area or 25 feet in height. If the shopping center has more than one principal street frontage, as determined by the Planning Commission, two freestanding identification signs may be permitted. The sign area and sign height specified in this section are the maximum limits. However, the Planning Commission may approve lesser sign area or height as necessary to achieve the goals of this chapter and of the City's General Plan.

D.

Industrial parks containing more than four buildings, whether or not on the same parcel of land, shall be permitted to place free-standing signs incorporating the design and building materials and accenting the architectural theme of buildings along, at, or adjacent to principal entrances to the park. Such signs shall not exceed 200 square feet or ten feet in height. The Planning Commission shall specify the actual size, height and number of signs allowed on a site.

(Ord. No. 309, § 1, 10-26-2021)

A.

Any commercial, office or industrial developments designed to contain more than four occupancies, businesses or buildings shall obtain approval of a master signing program.

B.

The owner or other person in control of a building or site required to have a Master Sign Plan shall apply for a sign permit as set forth in Section 17.59.040, except that the applicant shall provide the required information for each sign requested for the site.

C.

A master signing program plan must be approved by the Planning Commission before issuance of any occupancy permit for the development. The Planning Commission may approve, conditionally approve or modify said plans to ensure the master signing program is in accordance with the intent of this chapter and the City's General Plan.

E.

The Planning Commission may modify approved master signing programs on request of City staff or the master sign permit applicant.

(Ord. No. 309, § 1, 10-26-2021)

Notwithstanding any other provisions in this chapter, signs within the R-1 and R-2 zoning districts are subject to the following provisions:

A.

Single Family Dwellings, Duplexes, Triplexes, and Fourplexes. A nameplate not exceeding three square feet per dwelling is allowed without a sign permit.

B.

Multiple Family Dwellings. Dwellings containing more than four dwelling units may erect a maximum of two signs, each containing a maximum of 30 square feet.

C.

Public, Quasi-Public, Halls, Organizations, Clubs, Lodges and All Similar Uses. Same as subsection B. above.

(Ord. No. 309, § 1, 10-26-2021)

Any sign not otherwise regulated by this chapter may be allowed upon approval of a sign permit if the Planning Commission finds that, without respect to the content of the sign, its placement, design, construction and relation to its site are such that:

A.

The sign will not materially conflict with the character of the neighborhood in which it will be displayed;

B.

The value of property in the zone will not be significantly decreased by the erection or maintenance of the sign(s); and

The sign is consistent with the intent of this chapter.

(Ord. No. 309, § 1, 10-26-2021)

A.

Signs in the R-1 District. The total area of all signs on any one property in the R- 1, single-family residential district shall not exceed 80 square feet.

B.

Signs in All Districts Other Than the R-1 District. In all zoning districts except the R-1 district, signs on any one parcel with at least 4,000 square feet shall be limited to not more than 250 square feet of total area for all signs. For parcels of less than 4,000 square feet shall be limited to not more than 200 square feet of total area for all signs.

(Ord. No. 309, § 1, 10-26-2021)

A.

Intent. The intent of this variance procedure is to recognize unique situations that limit the view of a permitted sign and provide a reasonable alternative to the sign placement or location.

B.

Applicability. When the strict or literal interpretation or enforcement of the regulations of this chapter would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this chapter, the Planning Commission shall have the authority to grant a variance from the following provisions of this sign code:

1.

Sign height, provided that the sign may not be raised more than 25 percent above that which would otherwise be permitted; and

2.

Sign area, provided that the sign may not be increased in area more than 25 percent above that which would otherwise be permitted; and

3.

Sign location, provided that no more than two legally permitted signs are located along any one building frontage.

C.

Required Findings. In reviewing a sign variance request, the Planning Commission shall consider and clearly establish the following findings of fact regarding the request sign variance with respect to the content of the sign, but with respect to its placement, design and construction:

1.

It will not endanger the public health, safety or general welfare;

2.

It will not injure the value of adjoining or abutting property;

3.

It will not result in any significant environmental impacts;

4.

It will be in harmony with the area in which it is located;

5.

It will be in conformity with the zoning ordinance, general plan and/or specific plan; and

6.

For applications regarding commercial signs, it will not grant or constitute a special privilege to the applicant over other similarly situated businesses.

D.

Conditions. The Planning Commission may condition its approval, and such conditions may be in addition to those allowed pursuant to this chapter.

E.

Applicability of Chapter. All other provisions of this chapter shall apply to any sign variance granted pursuant to this section, including, without limitation, construction standards, design standards, and safety standards.

A.

A violation of the provisions of this chapter shall be deemed an infraction pursuant to Chapter 1.16.020. In addition, any sign not in compliance with this chapter shall be considered a public nuisance under section 8.28.010 et seq. of this Code and may be abated pursuant to the provisions contained therein.

B.

The City may enforce the provisions of this chapter pursuant to any of the provisions of this code and any other remedies provided by law. Remedies shall be cumulative and not exclusive, and no election of remedies shall apply.

(Ord. No. 309, § 1, 10-26-2021)

Any person aggrieved by any action of the Planning Commission under this chapter may appeal the action in writing to the City Council within 20 days after the decision or action in question. The City Council's decision on appeal shall be final as to the City but subject to judicial review pursuant to Code of Civil Procedure Section 1094.5.

(Ord. No. 309, § 1, 10-26-2021)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions hereof and, to that end, the City Council hereby declares that each and every provision of this chapter is severable from every other.

The City Clerk of the City of Del Rey Oaks, California, is hereby directed to publish in a newspaper of general circulation.

(Ord. No. 309, § 1, 10-26-2021)