Escondido City Zoning Code
ARTICLE 66
SIGN ORDINANCE
§ 33-1390 Purpose and applicability.
(a)
Intent and purpose.
(1)
It is the intent of this article (the sign ordinance) to preserve and enhance the aesthetic, traffic safety and environmental values of our communities and growing commercial/industrial districts, while at the same time providing channels of communication to the public. It is also the city's intent to regulate on the basis of characteristic and proportion of signage. The city finds that commercial signage constitutes the majority of existing signage and desires to limit such signage to on-site locations in order to keep proliferation of such signage to a more aesthetic proportion, while providing a channel of communication to advertise businesses. The city finds that it is in the interest of both aesthetics and traffic safety that sign information be kept to a minimum. It is the intent of this article to enhance traffic safety by ensuring that signage does not distract, obstruct or otherwise impede traffic circulation. Proper sign control also safeguards and preserves the health, property and public welfare of Escondido residents through prohibiting, regulating and controlling the design, location and maintenance of signs. Noncommercial signage is permitted wherever other signage is permitted within Article 66 and is subject to the same standards and total maximum allowances for a site of each sign type specified in this article.
(2)
This article defines basic sign standards and design guidelines to aid business owners and sign contractors in creating appropriate signs. The sign program coordinates the type, placement, and size of signs, and encourages innovative designs which respond to surrounding conditions.
(3)
Recognizing that building types and locations as well as other site specific characteristics often differ, the sign design guidelines, as may be adopted or modified by the city council, are to be used in conjunction with this chapter to determine the appropriate sign parameters and ensure quality in design. Proposed sign designs shall be reviewed pursuant to this article to determine their consistency with the sign design guidelines and the ordinance.
(b)
Applicability.
(1)
Signs to be located in specific planning areas (SP zones) or planned developments (PD zones) are not subject to these sign provisions, but shall conform with the established sign standards adopted with the particular planned development or specific plan. This chapter shall not apply to properties located within the boundaries of the downtown revitalization area specific plan, except in instances where the specific plan has incorporated certain sections by reference as part of the sign guidelines for the downtown area. Signs located in the Old Escondido Neighborhood overlay district shall conform with Article 65 of the Escondido zoning code.
(2)
This chapter does not regulate official traffic signs or other government signs located within the public right-of-way. Freestanding signs, wall signs, and bulletin signs for city facilities are subject to these standards.
(Ord. No. 92-47, § 1, 12-2-92; Ord. No. 99-27R, § 4, 12-1-99)
§ 33-1391 Definitions.
The following are definitions of terms contained in this article:
means a sign, or portion thereof, advertising or identifying a business, use or activity which has not been in operation for 180 calendar days or more.
means any notice to the public for the purpose of increasing sales or business, announcing the availability of a service or product, or making claims as to the value or quality of any service or product.
See Flashing sign or Moving sign.
mean the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure or character, together with any other material or color forming an integral part of the display or used to differentiate such sign from the background on which it is placed. The area of a sign or a super-graphic sign having no such perimeter shall be computed in a reasonable manner by enclosing the entire integral parts of the sign copy area within trapezoids, triangles and/or circles in sizes sufficient to cover the entire area and computing the size of such area. In the case of a double-faced sign where the two faces are of equal size, are parallel to each other, and are not separated more than 36 inches, the total area shall be computed as the area of a single display face. In the case of a sign with more than two sign faces where each face contains identical copy, the total area of the sign shall be computed by dividing the total number of sign faces by two (resulting fractional numbers shall be rounded up to the next whole number), and multiplying this number by the sign area of a single face. The supports or uprights of a freestanding sign, the support structure of a monument sign, and other significant architectural features around the copy shall not be included in the sign area. In the case of any cylindrical sign, the total area shall be computed on the total area of the surface of the sign. For multi-shingle/panel signs, the sign area may be calculated by totaling only the area of the individual panels, along with any other copy area.
means a shelter projecting from and supported by an exterior wall of a building and constructed of nonrigid materials on a supporting framework.
means any cloth, bunting, plastic, paper or similar flexible material used for advertising purposes or to attract attention, which is attached to or pinned on any structure, staff, pole, line, framing or vehicle, but not including flags as described in section 33-1393(a)(12) or temporary portable signs as described in section 33-1396(j).
means a sign structure advertising an establishment, merchandise, service or entertainment which is not sold, produced, manufactured or furnished at the property on which the sign is located (e.g., off-premises signs or outdoor advertising). A sign placed within the public right-of-way, immediately adjacent to commercially zoned property and property designated for commercial use, for which there is a valid encroachment-removal agreement shall not be considered a billboard.
means the area of the front building elevation in which the business is located and which faces a street or parking lot excluding driveways. If more than one business is located in a single building, then such area shall be limited to that front portion which is occupied by each individual business.
means the total gross leasable space occupied by the business or tenant.
means any sign erected by the City of Escondido, other public body, theater owner, or other use authorized by this chapter, which is erected upon the same property as the institution for the purpose of announcing events which are held on the premises.
means an advertising display which is constructed like a box to enclose the source of illumination (internally illuminated) so that the light shines through the translucent portions of the sign's copy panel(s).
means a permanent roof-like structure extending from part or all of a building face and constructed of durable rigid material.
means a wall sign attached to the face of a canopy or marquee, but not projecting above the top of the canopy or marquee.
means a commercial or industrial development which includes two or more tenant spaces in which businesses, structures and parking/circulation are designed as an architecturally integrated and interrelated development. Such design is independent of the number of structures, lots or parcels making up the center.
means a sign whose informational content can be changed or altered regardless of the method of attachment or change, or materials of construction.
means a development which is located on more than one legal lot, but which constitutes a comprehensively designed complex through common or shared use arrangements.
means a sign program for commercial and industrial centers consisting of two or more tenant spaces, which establishes design criteria for all signs in the center and integrates them with building and landscaping design, and achieves architectural compatibility. A comprehensive sign program may also be implemented for car-wash, polishing, vacuuming, and detailing uses with directional/informational signage exceeding two square feet in area or three feet in height, regardless of the number of tenant spaces on the property.
means a temporary sign which states the names of the individuals and/or firms connected with the construction of a project. Such signs shall be located at the project site and may include, but are not limited to, the name of the project, the address of the business, and the telephone numbers.
means any words, letters, numbers, figures, designs or other symbolic representations incorporated into the graphic content of a sign.
means an on-premises sign which contains words such as "entrance," "in," "out," "rest rooms," "no parking," "curbside pickup," "online orders," "reserved for _______," or other similar words, or a sign containing arrows or characters indicating traffic directions used either in conjunction with such words or separately. The sign area shall not be greater than two square feet and the sign not higher than three feet. Signs exceeding this area and/or height may be allowed with approval of a comprehensive sign program, for carwash, polishing, vacuuming, and detailing uses only. No directional/informational sign shall contain any advertising or trade name information, although minor business identification, not exceeding 20% of the sign area, is allowed for directional purposes. Real estate kiosk and directional signs as defined in section 33-1396(c) and (d) shall not be included in this category.
means the director of community development, or a designated representative, whose responsibility it is to administer and enforce the provisions of this article.
mean designated areas of the community approved by city council resolution or ordinance, including overlay, area and neighborhood plans, historic sections, and specific planning areas.
means a freestanding, hanging or projecting sign where two copy faces of equal size are mounted back-to-back. The two faces shall be parallel to each other and not separated by more than 36 inches. One face only will be charged against the permitted sign area.
means a type of freestanding temporary portable sign of flexible material that is plain or includes copy and/or graphics and is supported by a horizontal or vertical pole, including, but not limited to, feather, flutter, bow, and tear drop flag signs.
means any sign which contains or is illuminated by lights which are intermittently on and off, which change intensity or color, or which create the illusion of motion in any manner, including animated signs which manifest a physical movement or rotation in one or more planes or the optical illusion of action or motion. Time and temperature signs where all advertising is excluded are not included in this category.
means a sign which is permanently supported on the ground by one or more uprights, braces, poles, or other similar structural components that is not attached to any building. This category includes both monument and pole-type signs.
For the purposes of this regulation, a freeway-oriented sign means any structure, housing, device, figure, statuary, painting, display, message placard or other contrivance, including a wall sign or freestanding sign, which provides information in the nature of advertising and which has been designed and located adjacent to the right-of-way on Interstate 15 freeway or portions of Highway 78, with the intention that it be viewed and/or read primarily by motorists traveling on Interstate 15 or portions of Highway 78.
means a temporary sign which identifies a future use of a site or a future tenant for a building.
means temporary or permanent signs painted on, attached, glued or otherwise affixed to glass windows, doors, or other glass structures, and oriented to the exterior of the building and public view.
means a temporary special event sign used by newly established businesses to inform the public of their location and service available to the community. A grand opening sign may only be installed within 60 days after the business initially opens, and shall not be displayed for more than 30 consecutive calendar days. "Grand opening" does not mean an annual or occasional promotion of retail sales by a business.
mean individual, dimensional letters or symbols with solid opaque faces which are indirectly illuminated by a light source contained within each letter or symbol, where the light is directed upon the wall or background surface behind the letters creating silhouettes of the letters or symbols against the reflected light.
means the greatest vertical distance measured from the top of the sign, including decorative embellishments, to the finish grade at the point the sign supports intersect the ground.
means a sign or advertising structure that possesses historic, cultural, architectural, or community interest or value associated with the development, heritage or history of the city.
means signage as necessary to identify a historic landmark or a local register property as designated by the City of Escondido.
means any advertising display erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use, as well as, signs which have expired permits due to the lack of having had the required inspections per the Uniform Building Code and National Electric Code.
"External illumination"
means the illumination of a sign by an external light source that is not a component part of the sign.
"Internal illumination"
means the brightening of a sign by a light source that is a component part of the sign and enclosed within the advertising structure.
means a small sign, emblem or decal informing the public of facilities or services available on the premises (e.g., a credit card sign or sign indicating business hours, health rating or licensing).
means any three dimensional ambient air-filled object depicting a container, figure, product or product trade dress.
means a business or activity that has ceased operation at any given location for a continuous period of at least 180 calendar days.
means a sign inside any business that is not intended to be seen from outside the building in which the business is located.
means authorized or permitted in accordance with procedures defined by ordinance or law.
means a trademark or symbol used to identify a business.
means a sign, located adjacent to a drive-through lane of a food service facility, which lists the products available and the prices, and is designed to be read by the occupants of a vehicle.
means a sign which has a changeable message which may be changed by electronic processes or by remote control and which exposes its message for not less than eight seconds with the interval between messages not less than one second.
means a low-profile freestanding sign.
means a sign whose entirety or components rotate or move in any manner to attract attention.
means a freestanding sign composed, in whole or in part, of individual tenant panels without an attached background, typically hung from each other from a cross member supported by posts, and generally separated by a gap not greater than six inches.
means a sign that does not presently comply with the provisions of this article. A sign that was lawfully erected prior to the enactment of the ordinance codified herein, but now fails to meet any of the standards contained herein shall be considered a legal nonconforming sign.
means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components.
means a sign which is not permanently attached to a structure or to the ground and is designed to be moved easily.
means any sign other than a wall or canopy sign which is attached to and hangs or projects from a structure or any portion of a building.
means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be or is presently occupied by a road, sidewalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, bikeway, pedestrian walkway or other public use.
See Subdivision sign kiosk—Real estate kiosk sign.
means a temporary sign advertising the sale, rent, lease or open house of the property upon which it is located and the identification of the firm handling such sale, lease, rent or open house.
means a defined group of related commercial uses where a marketing or advertising association has been established for the benefit of the regional market group members who are located in a single approved Escondido planned development of more than 40 acres with limited visibility from Interstate 15 freeway, and whose market area extends beyond the city limits throughout a larger regional area.
means a freeway-oriented sign for a regional market group or affiliated business organization consisting of members of the regional market group, which may include an electronic message center.
means the external covering of a building or structure above or covering any exterior or interior vertical wall or other portion of the site.
means the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.
means a sign erected, constructed or placed upon or over a roof of a building, except a mansard roof or canopy which is below the roof of the primary structure which is wholly or partly supported by such buildings.
means a type of portable sign of A-frame construction.
means any mark or painted character on any card, cloth, paper, metal, wood, plastic, or any other material visible from outside a structure, mounted to the ground or any tree, wall, bush, rock, fence or structure, either privately or publicly owned. Sign shall also mean any graphic announcement, declaration, demonstration, display, illustration, statuary or insignia used to promote the interest of any person, product, activity or service when the same is placed outdoors in view of the general public.
means a temporary sign which advertises special events and activities such as, but not limited to, grand openings, charitable events, promotional sales, and Christmas tree sales. Such signs are limited to the provisions listed in this article, section 33-1396(a).
means statues or sculptures or similar figures that depict products, features, items or logos of a business, excluding those items that are considered design features or complements of the overall site such as wagons, benches, equipment sold or rented on the premises, hand water pumps, troughs, and other like items.
means a city designated sign in the public right-of-way or on private property containing directional panels for residential developments.
means a wall sign displaying a large graphic image with or without text. The graphic image extends beyond the perimeter of the sign text.
means any sign that is displayed for a limited period of time as defined in this article.
means an electronically or electrically controlled changeable copy sign which conveys only information such as the time, date, temperature or atmospheric conditions, where different alternating copy changes are shown on the same copy area. Each message remains displayed for a specific minimum period of time with a total blackout between message changes. The copy shall not travel or appear to travel in any direction. Time and temperature signs shall be included in the permitted wall or freestanding sign area and shall not include any advertising within the changeable copy area.
means the purpose for which a property, lot, building, sign or other structure is arranged, intended, designed, occupied or maintained as established by the authorized legislative body.
means the area through which a driver has a clear view of oncoming vehicle and pedestrian traffic when waiting to proceed at a street corner or driveway. The sight distance at driveways should be at least 10 feet on each side of the driveway. At nonsignalized corners, the clear view area is typically established by measuring 25 feet along the street fronts from each curb return point and drawing a line across the two back points to form a triangular area. Generally, no sign in excess of three feet above the curb grade, or support pole larger than 12 inches in diameter may be installed in this clear view area unless approved by the engineering division.
means a sign which is attached to or affixed in any fashion, painted on, or resting in or on any type of vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or an activity or business located on such property as determined by the director.
means a sign painted on, attached to, or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of such wall. A parapet, mansard, or canopy/marquee sign shall be considered a wall sign provided it is architecturally integrated with the building and does not project above the roof line.
See Glazing area sign.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 94-33, § 1, 11-2-94; Ord. No. 95-18, § 2, 9-13-95; Ord. No. 96-27, § 1, 8-28-96; Ord. No. 98-25, § 1, 12-9-98; Ord. No. 99-27R, §§ 5, 6, 12-1-99; Ord. No. 2000-23, § 8, 9-13-00; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2009-02, § 4, 2-25-09; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2012-08, § 4, 5-23-12; Ord. No. 2018-22, § 1, 12-5-18; Ord. No. 2020-14 § 10, 8-12-20; Ord. No. 2023-07, § 3, 3-8-23)
§ 33-1392 Permit administration.
(a)
Sign permit required. A sign permit from the planning division shall be required prior to the placing, erecting, moving, reconstructing or replacing (including sign copy) any sign in the city unless expressly exempted by this article. One or more signs may be approved per sign permit. Signs requiring a permit shall comply with the provisions of this chapter and all other applicable laws, as well as be consistent with the sign design guidelines as may be adopted by the city council. Signs may require building permits in addition to sign permits, as determined by the building official.
(b)
Method of application. An application for a sign permit shall be made to the planning division on forms prescribed by the director. The sign permit application shall be accompanied by the following:
(1)
Three copies of a scaled plan showing:
(A)
Location of proposed sign both in plan view and elevation and its relation to adjacent buildings, structures, topography and property lines,
(B)
The design, dimensions, colors, materials, copy and type of lighting proposed,
(C)
Location of existing freestanding signs on adjacent properties and dimensions,
(D)
Details to verify conformance with Article 35 (Outdoor Lighting Ordinance),
(E)
For freeway-oriented signs, cross-sections of the development site and freeway right-of-way which indicate the height relationship between the proposed sign and the freeway travel lane;
(2)
A list of all existing and approved signs (type and size) existing at the subject location or tenant space (if any) as of the date of the application;
(3)
The size of the lot or commercial/industrial center and gross floor area of building or tenant space;
(4)
Such other information the director may require to adequately review an application;
(5)
A sign permit fee, as adopted by city council resolution.
(c)
Comprehensive sign program for commercial and industrial zones. A comprehensive sign program shall be required for all new commercial, office or industrial centers consisting of two or more tenant spaces, and for existing commercial, office or industrial centers for which the owner requests permission to remodel, expand, or enlarge the building(s) or land use which affects the existing signs. A comprehensive sign program also shall be required for all new or existing car-wash, polishing, vacuuming, and detailing uses that propose the use of directional/informational signs exceeding two square feet in area or three feet in height. The purpose of the program shall be to integrate signs with building and landscaping design into a harmonious architectural unit and, in the case of directional signage exceeding the aforementioned size limits, to ensure that the size and scope of this signage is appropriate for the site. All comprehensive sign programs shall be reviewed by planning staff to determine conformance with the sign design guidelines, planned development approvals, applicable overlay guidelines, and/or specific plan standards. Comprehensive sign programs to allow directional signage as described above must be reviewed and approved by the zoning administrator. Staff may agendize the matter to the planning commission. Method of application shall be the same as designated in section 33-1392(b). Integration of signs shall be achieved by:
(1)
Using the same background color on all signs or by using various shades as determined compatible;
(2)
Using the same type of support or method of mounting for signs of the same type, and by using the same type of construction material for components such as sign copy, cabinets and supports. Slightly dissimilar signing may be approved if determined compatible;
(3)
Using the same form of illumination for all signs, or by using varied forms of illumination where justifiable and determined compatible;
(4)
Providing a comprehensive plan for the location, placement and number of all signs to be permitted for all existing or future development in the center, or by identifying common architectural elements where tenants can physically locate their signs;
(5)
Incorporating the design standards established in the sign design guidelines, as may be adopted by city council.
(d)
Method of review.
(1)
After receipt of a sign application not related to a project otherwise requiring design review, the director or designee shall approve, conditionally approve or deny such sign request. The director may refer the application to the planning commission when there is a question as to whether the application adequately conforms to the sign design guidelines, unless otherwise required by this chapter. Such a review shall ensure that any sign proposal is in conformance with this article, as well as other applicable ordinances and policies of the City of Escondido. Sign applications referred to the planning commission by the director, shall be scheduled for the next available planning commission meeting upon determination of a complete application.
(2)
Sign permits which do not require review by the planning commission pursuant to this chapter and are not referred to the planning commission shall be processed by the planning division within five working days of submittal of a complete application. In the event that the sign permit application is not approved, conditionally approved or denied within five working days, the applicant may request a refund of 1/2 of the planning sign permit fees.
(e)
Appeals. Appeals of the director's decision shall be to the planning commission and must be filed in the planning division in writing within 10 calendar days of that action. Such appeal shall be accompanied by the appeal fee as adopted by the city council. Appeals of the planning commission's decision may be made to the city council by filing a written appeal with the city clerk within
10 calendar days of the commission's action and paying the fees as adopted by the city council.
(f)
Building permit required. Sign permits shall be in addition to any other permits which may be required by applicable law. Sign permits must be obtained before other sign related building permits may be issued.
(g)
Administration. It is the responsibility of the director to administer and enforce all provisions.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2020-14 § 10, 8-12-20)
§ 33-1393 Exempt and prohibited signs.
(a)
Exempt signs. The following signs shall be exempt from the application and sign permit requirements, but must be in conformance with all other requirements of this chapter. A building permit and/or encroachment permit may be required. No sign shall obstruct the vehicle sight distance area at intersections and driveways pursuant to section 33-1391(65).
(1)
Glazing area signs.
(A)
Internal signs affixed to glazing areas and oriented to the exterior and public view, not exceeding 20% of the area of glazing on which it is located. Temporary signs may be of expendable materials such as cloth, paper, paint, etc. Permanent signs shall be of nonfading materials permanently applied in a professional manner. Permanent glazing area signs may include incidental signs, and information such as hours of operation or a proprietor's name,
(B)
Any window sign used as permanent identification of the business name or logo shall be considered a wall sign and the sign area shall be included in the total wall sign area allowed for the building or tenant space. A sign permit is required for such business sign;
(2)
Real estate signs for single and multiple residential rental and sales. One on-site sign per street frontage, up to two, not exceeding four square feet in area, provided it is unlit and is removed within 15 calendar days after the close of escrow or the rental or lease has been accomplished. Up to two riders identifying the agent and/or special feature of the property may be added to the signs. Sign height not to exceed five feet including riders. One on-site and up to three off-site open house signs, not exceeding four square feet in area and five feet in height, are also permitted for the purpose of selling a single house or condominium. Up to three balloons, each not exceeding 24 inches in any dimension, may be attached to on-site real estate/open house signs. Other attention-getting devices are not permitted;
(3)
Contractor or construction signs.
(A)
Residential projects consisting of five units or more and commercial and industrial projects shall be allowed, one wall or freestanding sign on the construction site for all contractors (may include financial institutions, real estate agents, subcontractors, etc.). The sign area may not exceed 50 square feet unless legally required by government contracts to be larger. No freestanding sign shall exceed 15 feet in overall height. Such sign shall be removed by the contractor(s) upon the granting of occupancy by the city,
(B)
Residential projects involving four or less units shall be allowed two wall or freestanding signs. Each sign shall not exceed four square feet in area. Freestanding signs shall not exceed five feet in height. Such signs shall be removed by the contractor(s) upon the granting of occupancy by the city;
(4)
Real estate signs for commercial and industrial premises. One sign per street frontage is allowed, up to two signs which advertise the sale, lease or rent of the premises. These signs shall not exceed 24 square feet in area for lots/centers three acres or less in size, or 48 square feet for lots/centers over three acres in size. These signs may be freestanding signs, wall signs or banners. No such freestanding sign shall exceed eight feet in overall height. Freestanding signs may be double-sided if the panels are of equal size and are mounted back-to-back (parallel) or in a "V" shape if the interior angle does not exceed 90 degrees. The area of only one side of a double-sided sign shall be calculated to determine the area of the sign. Such real estate signs shall be removed within five calendar days after the property to which they refer has been rented, leased or sold;
(5)
Interior signs. Devices or displays which are entirely inside a building or in a display space of a lawful show window and are not affixed to the window pane;
(6)
Historic site signs, on-premises memorial tablets or plaques. These include those installed by the City of Escondido, a city-recognized historical society, or civic organization, or other displays which do not advertise goods or services;
(7)
Directional/informational signs as defined in section 33-1391. Such signs shall not exceed two square feet in area. Freestanding signs shall not be higher than three feet. Directional/informational signs exceeding these limits may be allowed only for car-wash, polishing, vacuuming, and detailing uses with approval of a comprehensive sign permit, as set forth in section 33-1392(c). No directional/informational sign shall contain any advertising or trade name information, although minor business identification, not exceeding 20% of the sign area, is allowed for directional purposes. Real estate directional and kiosk signs shall not be included in this category;
(8)
Future tenant identification signs may be placed on vacant or developing property or on a vacant tenant space to advertise the future use of an approved project or the future tenant of the suite. One such sign is permitted which shall not exceed 20 square feet in area for a future tenant, or 32 square feet for a vacant or developing property. Freestanding signs shall not be higher than eight feet. Any future tenant identification sign shall be removed upon granting of occupancy by the city;
(9)
Residence identification signs used to identify individual names and/or addresses of individual residences. Such signs shall not exceed two square feet in area. A maximum of two signs or name plates are allowed per dwelling unit;
(10)
Official and legal notices issued by the court, public body, person or officer in performance of his or her public duty or in giving any legal notice;
(11)
Signs providing notice of public hearing, direction, warning, or informational signs or structures required or authorized by law or by federal, state, county or city authority;
(12)
Official flags. Up to three official flags of the United States, the State of California, or other states of the nation, counties, municipalities, and official flags of foreign nations. Proposals for more than three flags require a sign permit and design review. If flags are to be displayed on vertical flagpoles, these poles shall be permanently installed with appropriate building permits. Flags of nationally or internationally recognized organizations and corporate or business flags are only permitted if displayed in conjunction with a United States flag. The Flag Code of the United States shall be observed at all times;
(13)
Seasonal decorations displayed during a holiday or announcing a community event which do not advertise a specific product or service and are removed within 10 working days after the holiday or community event, except as otherwise permitted for temporary window signs;
(14)
Signs of public utility companies indicating danger, serving as an aid to public safety, showing the location of underground facilities or public telephones;
(15)
Safety signs on construction sites;
(16)
No trespassing, no parking, and similar warning signs not exceeding four square feet in area;
(17)
Signs on public transportation vehicles including, but not limited to, buses and taxicabs;
(18)
Signs on licensed vehicles; provided, that such vehicles are not used or intended for use as portable signs or as otherwise prohibited in section 33-1393(b);
(19)
Incidental signs for automobile repair stores, gasoline service stations, automobile dealers with service repairs, motels and hotels showing notices of services provided as required by law, trade affiliations, credit cards accepted, and the like, attached to the structure or building; provided, that all the following conditions exist:
(20)
Copy attached to fuel pumps or dispensers such as fuel identification, station logo, and other signs as required by law;
(21)
Bill of fare signs for restaurants. Such signs shall not exceed four square feet in area and may be displayed in the window or on the exterior wall in an appropriate manner;
(22)
Agricultural signs, either wall or freestanding types, and nonilluminated to only identify the premises as being associated with a trade organization, or as producing products under registered trade names, or to identify the business name and agricultural products grown on the premises. Such signs shall not exceed four square feet for lots two acres or less and 16 square feet for lots greater than two acres. One sign per street frontage is allowed with a maximum of two signs per lot. Wall signs shall be located below the roofline. Freestanding signs shall not be higher than six feet, and if higher than three feet shall not be located within 25 feet of any property line abutting a street;
(23)
Model unit signs. One feature sign, one model sign and two flags or pennants for each model home may be placed on the model home lots, at the sales office, or in the parking lot area of the subdivision. Such signs and flags shall not exceed four square feet in area and may be double-sided;
(24)
Public signs. Signs placed on public property by federal, state or local agencies designed to provide identification or benefit to the public. This exemption does not apply to freestanding, wall, or bulletin signs proposed for public facilities of the City of Escondido;
(25)
Scoreboards placed on athletic fields;
(26)
Barber poles outside a barbershop;
(27)
Commemorative plaques;
(b)
Prohibited signs. Any sign not specifically authorized by this article shall be prohibited unless required by law or otherwise exempted by a local agency pursuant to the Government Code, sections 53090 et seq., of the State of California. The following signs are expressly prohibited:
(1)
Roof signs, except a roof-type sign, where permitted by the planning commission as a freeway-oriented sign pursuant to section 33-1395(a)(3);
(2)
Flashing signs, including time and temperature signs (unless all advertising is excluded);
(3)
Inflatable advertising devices of a temporary or permanent nature, including hot air balloons, unless approved as a special event sign pursuant to section 33-1396(a);
(4)
Animated and moving signs;
(5)
Searchlights and beacons except as permitted per section 33-1396(a);
(6)
Revolving or rotating signs;
(7)
Vehicle signs (when parked or stored on property or street for the purpose of identifying a business or advertising a product or service);
(8)
Signs without an approved sign permit, unless exempt from the provisions of this chapter;
(9)
Portable signs and banners except where permitted by this chapter;
(10)
Signs within the public right-of-way, except where required by a government agency or otherwise permitted by sections 33-1396(c) and 33-1396(j);
(11)
Signs blocking doors or fire escapes;
(12)
Outside light bulb strings, except for temporary uses such as holiday sales, Christmas tree lots, carnivals and other similar events as defined in section 33-1391(58);
(13)
Readerboard/changeable copy signs, either electric or nonelectric, except time and temperature signs as defined in section 33-1391(63), and other signs permitted pursuant to sections 33-1395.2(b)(3) and (4), 33-1395.10, and 33-l396(e);
(14)
Pennants, streamers, whirligigs, balloons, and other attention-getting devices except as permitted by section 33-1396 of this chapter;
(15)
Signs which purport to be, imitate or resemble official traffic warning devices or signs that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic. This does not include traffic or directional signs installed on private property to control on-site traffic, which do not confuse or disorient vehicular or pedestrian traffic on a public road or right-of-way;
(16)
Off-site real estate and yard sale directional signs other than those permitted by sections 33-1393(a)(2), 33-1396(c) and (d) and Municipal Code section 16-119;
(17)
Billboards and signs that advertise a product, person, business or service not available on the property where the sign is located (off-site signs), and signs placed adjacent to a sign-controlled freeway (see Article 52 of the Escondido Zoning Code).
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 95-18, § 2, 9-13-95; Ord. No. 98-25, § 1, 12-9-98; Ord. No. 99-27R, § 7, 12-1-99; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2012-08, § 4, 5-23-12; Ord. No. 2018-22 § 1, 12-5-18; Ord. No. 2020-14 § 10, 8-12-20)
§ 33-1394 Construction and maintenance of signs.
(a)
Construction standards. Every sign and all parts, portions and materials comprising the sign, together with the frame, background, supports or anchorage, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations and the Uniform Building Code.
(b)
Maintenance of signs. Every sign and all parts, portions and materials comprising the sign, together with the frame, background, support or anchorage, including those signs otherwise exempt from this chapter, shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust or corrosion. Any crack, broken surface, malfunctioning light, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced within 30 calendar days following notification by the city. Any cracked, faded, torn, ripped, broken or otherwise damaged temporary portable or feather sign shall be immediately removed from public view until repaired or replaced. Any sign not properly maintained shall constitute a public nuisance and may be abated per section 33-1398.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 2012-08, § 4, 5-23-12)
§ 33-1395 Sign standards-General.
All permanent freestanding signs shall not obstruct the vehicle sight distance area at the intersections and driveways to the satisfaction of the engineering department. Freestanding signs shall not be placed within easements or over utility lines, except with the prior written approval of all easement holders. Any site plans submitted in conjunction with a sign permit application for a freestanding sign shall identify the location of easements or public or private utilities within 50 feet of the proposed sign location. On sites where the existing street is not constructed to the full designated width, signs shall be located behind the ultimate property line unless otherwise approved by the planning division and the engineering department with an agreement for future removal or relocation. In addition, all permanent freestanding signs shall incorporate the numerical address, or range of addresses, of the parcel or commercial center at which the sign is located. The area of the address shall not be counted in the area of the signs. All illuminated signs shall be equipped with automatic timing devices so that the lighting is turned off between the hours of 11:00 p.m. and sunrise, unless exempt pursuant to Article 35, Outdoor Lighting.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 94-33 § 2, 11-2-94; Ord. No. 2000-23, § 9, 9-13-00; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2023-06, § 3, 3-8-23)
§ 33-1395.1 Sign standards-Wall signs-CG and CN zones.
(a)
Allowable wall sign area. One square foot of sign area for every 50 square feet of gross building floor area for each business establishment. A minimum aggregate sign area of 15 square feet shall be permitted. The total aggregate area of all wall signs shall not exceed 300 square feet per business establishment.
(b)
Size.
(1)
The maximum size of individual wall signs shall be 100 square feet. Tenants occupying a space larger than fifteen thousand (15,000) square feet in area may request individual wall sign(s) greater than 100 square feet;
(2)
The director shall determine whether the signs are consistent with the sign guidelines and appropriate for the specific site conditions;
(3)
Projecting signs shall not exceed six square feet and shall be counted against the total wall sign area permitted for the building. These signs shall project from the wall not more than three feet at an angle of 90 degrees, or hang from an overhead canopy.
(c)
Wall signage on multistory buildings. Top-of-building wall signage on buildings of three or more stories shall be limited to the address and text and/or logo identifying the building. Such signage shall be subject to the following sign sizes:
Number of Stories | Max. Letter Height | Max. Symbol Height |
|---|---|---|
3 to 4 | 3′6″ | 3′10″ |
5 to 9 | 4′0″ | 4′5″ |
10 to 15 | 5′0″ | 5′6″ |
(d)
Location. Wall signs may not project above the primary wall line or parapet, nor be located on or supported by the roof. Wall signage shall not occupy more than 80% of the length of a building frontage or tenant space frontage.
(e)
Tenants in multitenant buildings with an approved comprehensive sign program, may transfer portions of their sign allotment to a frontage which is not part of their shop space with the written consent of the owner of the building and the tenant occupying the space where the sign is proposed. The total aggregate area of all signs on the tenant spaces shall not exceed the maximum area permitted for that tenant building. The aggregate length of all signs on a single frontage shall not exceed 80% of the total length of the building or tenant space frontage.
(f)
Wall signs for businesses adjacent to Centre City Parkway should be oriented toward vehicular entries on the cross streets. Wall signs that face[1] Centre City Parkway shall be subject to the following additional requirements:
(1)
Signs shall be limited to a maximum 24 inch letter height for all businesses with less than 10,000 square feet of gross floor area. Graphics associated with the text may exceed the 24 inch height limitation.
(2)
Signs shall be located in a manner that reduces the potential for visual conflict with Centre City Parkway right-of-way and parking lot landscaping at maturity, and shall not rely on trimming or removal of landscaping to increase or maintain sign visibility.
(3)
Internally illuminated "cabinet" signs with illuminated backgrounds shall be prohibited.
[1]
A wall sign shall be considered to face Centre City Parkway when it forms an angle of 45 degrees or less to Centre City Parkway.
(g)
Transfer of other sign entitlements. All or part of the freestanding sign entitlements for a lot or center allowed under column A of the chart in section 33-1395.2(a) may be transferred to permitted wall sign area. However, no wall sign(s) shall occupy more than 80% of the length of the building/tenant space frontage. No freestanding sign is allowed when any sign area is transferred. If the proposed wall signs are consistent with the design guidelines, including maximum frontage coverage, no design review is required. Transfers up to the maximum freestanding sign entitlement (column B of the chart in section 33-1395.2(a)) for the lot/center may be approved by planning staff if deemed appropriate. No one sign may exceed 100 square feet unless proposed for a tenant occupying more than 15,000 square feet of space and planning staff determines that the proportions of the sign are appropriate for the building and location.
(h)
Super-graphic signs. Additional sign area for purposes of displaying large graphic images may be permitted pursuant to section 33-1395.11.
(Ord. No. 94-33, § 2, 11-2-94; Ord. No. 96-32, § 1, 11-20-96; Ord. No. 98-25, § 1, 12-9-98; Ord. No. 2008-22, § 7, 9-10-08)
§ 33-1395.2 Sign standards-Freestanding signs-CG and CN zones.
(a)
Size. The maximum size of freestanding signs shall be determined by the size of the lot or commercial center according to the following chart:
Column A | Column B | |||
|---|---|---|---|---|
Maximum size without design review | Maximum size with staff design review | |||
Lot/Center Size | Area | Height | Area | Height |
a. Up to 7,000 SF (.16 ac) | 10 SF | 4′* | 20 SF | 15′ |
b. 7,001-10,000 SF (.23 ac) | 20 SF | 4′* | 40 SF | 15′ |
c. 10,001-25,000 SF (.57 ac) | 30 SF | 6′ | 60 SF | 15′ |
d. 25,001-43,560 SF (l ac) | 30 SF | 6′ | 80 SF | 15′ |
e. l+ ac-3 ac | 30 SF | 6′ | 100 SF | 15′ |
f. 3+ ac-7 ac | 30 SF | 6′ | 125 SF | 20′ |
g. 7+ ac | 30 SF | 6′ | 150 SF | 30′ |
Notes: | |
|---|---|
* | Signs with appropriately designed bases may be up to five feet high. |
Individual signs which do not exceed the maximum sign area and height indicated in column A and column B of the chart in this subsection for the appropriate lot/center size category, and which are consistent with the sign design guidelines, may be approved administratively.
(b)
Number. No more than one freestanding sign per street frontage shall be permitted except as follows:
(1)
In commercial centers over three acres, multiple freestanding signs may be permitted as follows:
(A)
Frontages longer than 1,000 linear feet on one street may have two freestanding signs.
(B)
One additional freestanding sign shall be allowed for each 600 linear feet of frontage on one street thereafter.
(C)
In the case of multiple frontages, the allowed number of freestanding signs shall be calculated separately for each street and may not be transferred to other frontages on the site.
(D)
All freestanding signs on the site shall be separated by a minimum distance of 250 linear feet, except as may be permitted by the director.
(E)
For the purposes of determining the number of permitted freestanding signs, the term "street frontage" shall include frontages adjacent to Interstate 15 and Highway 78.
(F)
The maximum sign area allowed for any second or subsequent sign on the same frontage is 70% of the maximum size allowed for the lot/center size category for the purposes of calculating total allowable aggregate sign area. This aggregate total may be distributed in any appropriate fashion among all freestanding signs in the center with no single sign exceeding the maximum sign area for the lot/center size category under column B of the chart in subsection (a) of this section.
(2)
In commercial centers over three acres in size, monument signs not exceeding 60 square feet or eight feet in height shall be permitted for single tenants occupying the entire building located on a separate pad within the center. The area of the sign shall be counted in the allowable wall sign area for the pad building and the sign shall be located in close proximity to the subject business. A minimum separation of 250 linear feet shall be maintained between the pad sign and any other freestanding sign in the commercial center, unless a lesser separation is determined appropriate by the director.
(3)
Additional freestanding signs (maximum of one per frontage) may be permitted for service stations as necessary to comply with state-mandated price notification requirements. The maximum number of freestanding signs allowed per service station is one per street frontage. Such additional price signs are exempt from sign separation requirements, but shall be limited to a maximum size of 10 square feet and maximum height of six feet including the base.
(4)
Menu signs. In conjunction with a drive-through business or automated car wash:
(A)
Up to two freestanding menu, or other similar signs, up to 32 square feet each and a maximum height of six feet may be permitted for drive-through businesses with one stacking lane.
(B)
Drive-through businesses with more than one stacking lane shall be allowed one freestanding menu sign, or other similar sign, up to 32 square feet and a maximum height of six feet, and one freestanding menu sign, or other similar sign, up to 24 square feet and a maximum height of six feet, for each stacking lane.
(C)
A maximum of two freestanding menu, or other similar signs, shall be oriented toward each stacking lane for drive-through businesses.
(D)
Automated car washes shall be allowed one freestanding menu sign or other similar sign, up to 24 square feet and a maximum height of six feet, and one pay station or kiosk, for each stacking lane.
(E)
Menu signs shall be screened from view from adjacent properties and rights-of-way through the use of landscaping, earthen berms, walls, etc., to the maximum extent possible.
(F)
Menu signs may be internally illuminated and utilize changeable copy.
(G)
The area of the menu signs shall not be counted against the allowable sign area for the business.
(Ord. No. 94-33, § 2, 11-2-94; Ord. No. 96-32, § 1, 11-20-96; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2016-15, § 4, 10-26-16; Ord. No. 2018-15, § 5, 6-13-18; Ord. No. 2018-22, § 1, 12-5-18; Ord. No. 2020-14 § 10, 8-12-20)
§ 33-1395.3 Sign standards-Freeway-oriented signs-CG and CN zones.
(a)
Eligible properties and uses. Freeway-oriented signs may only identify the name of the center and/or the specified freeway-oriented uses listed in the sign design guidelines, which are located on parcels or in commercial centers physically contiguous to the Interstate 15 freeway right-of-way, or that portion of Highway 78 right-of-way west of Broadway, or on certain noncontiguous properties which are visually oriented to the Interstate 15 freeway and are located at off-ramp intersections. These noncontiguous parcels are identified in the design guidelines.
(b)
Type of sign. Freeway-oriented signs may be freestanding pole or monument type signs, wall signs, structures, or other building signs which are determined by the director to be consistent with the design guidelines and appropriate for the specific site and development.
(c)
Number. Not more than one freeway-oriented sign is permitted for any parcel or commercial center, and the area of the sign shall be counted as part of the allowable freestanding sign entitlements for the lot or center.
(d)
Size. The area of the sign shall comply with the corresponding lot center size indicated in the permitted freestanding sign chart in section 33-1395.2(a). For lots/centers 25,000 square feet or less in area, larger signs up to a maximum of 80 square feet may be approved by the director based on specific site characteristics, the visibility of the sign, and the demonstration of the need for a larger sign to achieve the least obtrusive design solution which provides the necessary visibility.
(e)
Height. The height of freeway-oriented signs shall be the minimum necessary to achieve a functional sign in conformance with the design guidelines. In no event shall the overall height of the sign exceed 80 feet.
(Ord. No. 94-33, § 2, 11-2-94; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2016-15, § 4, 10-26-16)
§ 33-1395.4 Sign standards-Wall signs-CP and HP zones.
(a)
Number. No limit for a given building elevation (see subsection (b) of this section). The maximum number of building elevations on which wall signs may be located shall not exceed the number of street frontages.
(b)
Size. Total wall signage shall not exceed 20 square feet in area on each building elevation, except as may be approved pursuant to subsection (c) of this section.
(c)
Transfer of other sign entitlements. All or part of one of the freestanding sign entitlements for a lot or center allowed under column A of the chart in section 33-1395.5(b) may be transferred to permitted wall sign area on any single frontage. A maximum of one freestanding sign is allowed when any sign area is transferred. Requests for transfers maybe approved by planning staff upon determination that the proportions of the sign are appropriate for the building and location.
(d)
Location. Signs shall be mounted flush and parallel to the building wall on which it is located and shall not extend above the wall line or parapet, nor be located on or supported by the roof. The length of the sign, or aggregate length of signs in a horizontal row, shall not occupy more than 80% of the length of the building/tenant space frontage.
(e)
Illumination. External illumination only, except halo-lit letters are permitted.
(f)
Super-graphic signs. Additional sign area for purposes of displaying large graphic images may be permitted pursuant to section 33-1395.11.
(Ord. 94-33, § 2, 11-2-94; Ord. No. 98-25, § 1, 12-9-98; Ord. No. 2008-22, § 7, 9-10-08)
§ 33-1395.5 Sign Standards-Freestanding signs-CP zone.
(a)
Number. No more than one freestanding sign per street frontage, except as noted below. In no case may a development have more than two freestanding signs total.
(1)
Two freestanding signs may be permitted on a single frontage. The total sign area of both signs may not exceed the maximum allowed for a single sign.
(2)
Freestanding signs on the same site shall be separated by a minimum distance of 25 feet, except as may be approved by the director.
(3)
Transfers of allowable freestanding sign area to freestanding signs on another street frontage is prohibited, except that up to 50% of the freestanding sign entitlement for one frontage may be allotted to a freestanding sign on an alley, with the approval of the director.
(b)
Size. The maximum size of any freestanding sign shall be determined by the size of the lot or professional center according to the following chart:
Column A | Column B | |||
|---|---|---|---|---|
Maximum Size Without Design Review | Maximum Size With Staff Design Review | |||
Lot/Center Size | Area | Height | Area | Height |
a. Up to 21,000 SF | 10 SF | 4′* | 25 SF | 8′ |
b. 21,001 SF -3 ac | 20 SF | 6′ | 50 SF | 8′ |
c. 3+ ac | 30 SF | 8′ | 60 SF | 12′ |
Notes: | |
|---|---|
* | Signs with appropriately designed bases may be up to five feet high. |
Multishingle/panel signs are encouraged in the CP zone (see definition).
Individual signs which do not exceed the maximum sign area and height indicated in column A and column B of the chart in this subsection for the appropriate lot/center size category, and which are consistent with the sign design guidelines, may be approved administratively.
(c)
Illumination. External illumination only, except halo-lit letters are permitted.
(Ord. No. 94-32 § 2, 11-2-94; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2016-15, § 4, 10-26-16)
§ 33-1395.6 Sign standards-Wall Signs M-1 and M-2 zones.
(a)
Allowable wall sign area. One square foot of sign area for every 100 square feet of gross building floor area for each business establishment.
(b)
Size. The maximum size of individual wall signs shall not exceed 50 square feet, unless the business occupies an entire building in which case the maximum size of individual wall signs shall not exceed 100 square feet. The total aggregate area of all wall signs shall not exceed 150 square feet per business establishment.
(c)
Location. Wall signs may not project above the wall line or parapet, nor be located on or supported by the roof. Wall signage shall not occupy more than 80% of the length of a building frontage or tenant space frontage.
(d)
Tenants in multitenant buildings with an approved comprehensive sign program may transfer portions of their sign allotment to a frontage which is not part of their shop space with the written consent of the building owner and the tenant occupying the space where the sign is proposed. The total aggregate area of all signs on the tenant spaces shall not exceed the maximum area permitted for that tenant building. The aggregate length of all signs on a single frontage shall not exceed 80% of the total length of the building or tenant space frontage.
(e)
Wall signs for businesses adjacent to Centre City Parkway should be oriented toward vehicular entries on the cross streets. Wall signs that face[1] Centre City Parkway shall be subject to the following additional requirements:
(1)
Signs shall be limited to a maximum 24 inch letter height for all businesses with less than 10,000 square feet of gross floor area. Graphics associated with the text may exceed the 24 inch height limitation.
(2)
Signs shall be located in a manner that reduces the potential for visual conflict with Centre City Parkway right-of-way and parking lot landscaping at maturity, and shall not rely on trimming or removal of landscaping to increase or maintain sign visibility.
(3)
Internally illuminated "cabinet" signs shall be prohibited.
[1]
A wall sign shall be considered to face Centre City Parkway when it forms an angle of 45 degrees or less to Centre City Parkway.
(Ord. No. 94-33 § 2, 11-2-94; Ord. No. 96-32, § 1, 11-20-96)
§ 33-1395.7 Sign standards-Wall signs-IP zone.
(a)
Maximum number and size. Wall signs shall be limited to one 30 square foot wall sign or two 15 square foot wall signs for freestanding buildings.
Each industrial establishment located within a multitenant building is permitted one nonilluminated name plate sign not to exceed 16 square feet.
(b)
Location. Wall signs shall not project a distance greater than 12 inches from the face of the building which wholly supports such sign. Such wall sign shall not project above the wall line or parapet, or be located on or supported by the roof.
(Ord. No. 94-33, § 2, 11-2-94)
§ 33-1395.8 Sign standards-Freestanding signs M-l, M-2, and IP zones.
(a)
Number. No more than one freestanding sign per street frontage shall be permitted.
(b)
Size. Freestanding signs shall not exceed 50 square feet excluding the base and may be double faced.
(c)
Height. Freestanding signs shall not exceed a maximum height of six feet including the base.
(d)
Location. Freestanding signs for businesses adjacent to Centre City Parkway shall be oriented towards the vehicular entries on the cross streets or vehicular entries from Centre City Parkway, if any. A maximum of one freestanding sign along Centre City Parkway shall be permitted for each vehicular entry from Centre City Parkway. All freestanding signs adjacent to Centre City Parkway shall require DRB approval.
(Ord. No. 94-33 § 2, 11-2-94; Ord. No. 96-32, § 1, 11-20-96; Ord. No. 2008-22, § 7, 9-10-08)
§ 33-1395.9 Sign standards-Residential uses.
(a)
Entry signs. Project entry signs shall be permitted as follows:
Class | Single-family residential subdivisions and multifamily developments of 16 units or more including mobilehome parks. |
Sign Type | Monument or mounted on a perimeter wall. |
Maximum number | One per major entry to project. |
Maximum area per sign face | Twenty square feet. |
Maximum height | Three feet within required setback and six feet otherwise. |
Entry signs shall not be illuminated except by indirect or halo-type backlighting.
(b)
Name plates. For single-family residences and multifamily complexes of two to four units, signs or name plates depicting the name and address of the resident are allowed. Each sign/name plate shall not exceed two square feet in area. A maximum of two signs or name plates are allowed per dwelling unit and no sign permit is required.
(c)
Wall signs. In addition to the signs allowed in the preceding paragraphs, multifamily complexes with five to 15 units may also have a single wall sign not exceeding 20 square feet in size. A single 30 square foot wall sign may be permitted for each street frontage if the apartment complex has 16 units or more. Such signs shall not be illuminated, except by indirect or halo-type backlighting.
(d)
Incorporation of rental information. If the permanent wall or entry sign is designed so that rental information can be integrated with the sign as units become available, the size of the permanent sign may be increased by up to 10 square feet. The increased area shall include any attachments for the rental information. Any monument type entry sign which is increased by this process may be up to four feet in height when a five foot setback is provided. No other rental signs or attention-getting devices are allowed with these types of signs. A sign(s) up to four square feet, which only advertises the multifamily development for sale, would also be allowed pursuant to section 33-1393(a)(2).
(e)
In addition to the requirements of this section, signs located in the Old Escondido Neighborhood shall conform with Article 65 of the Escondido Zoning Code.
(Ord. No. 94-33, § 2, 11-2-94; Ord. No. 2008-22, § 7, 9-10-08)
§ 33-1395.10 Sign standards-Regional market signs.
Notwithstanding other sections of this article, this section shall regulate the type, location, size, number, and eligible user(s) of regional market signs, as well as the application and review process.
(a)
Eligible users. Only a regional market group or an affiliated business organization consisting of members of the regional market group, as approved by the city council, may request a regional market sign.
(b)
Type of sign. Regional market signs may be freeway-oriented, freestanding pole or monument type signs, wall signs, structures, art pieces, or other building signs which are determined by the planning commission and city council to be consistent with the design guidelines, appropriate for the specific site and surrounding development, and comprehensively designed to provide artistically integrated elements which create an innovative and high-quality advertisement.
(c)
Location. Regional market signs shall be located only on commercially and certain industrially zoned parcels contiguous to Interstate 15, as shown on Figure 33-1395.10(c)l.
Figure 33-1395.10(c)1  |
(d)
Size. The area and height of the sign shall be the minimum needed to achieve a visible and functional sign in compliance with the design guidelines. Signs up to a maximum of 80 feet high and 710 square feet in copy area including any message center panel approved by the city council, with the total sign area not exceeding 825 square feet, may be considered based on specific site characteristics, adjacent freeway elevation and substantiation of the need for that large of sign. The director of community development may approve a sign up to 10% larger than the maximum sign height and sign area specified here, upon receipt of an application for an administrative adjustment.
(e)
Number.
(1)
Not more than one regional market sign is permitted for any regional market group or lot/center where the sign will be located. Not more than one regional market sign shall be permitted within the industrially zoned area along Interstate 15 as described above in subsection (c). The regional market sign may be in addition to any existing permitted freeway oriented advertising sign(s) not related to the regional market group, on the property at the time the regional market sign is requested. An appropriate separation based on specific site characteristics and existing signs shall be provided between freeway-oriented signs.
(2)
A regional market group may have either a freeway-oriented regional market sign or a freeway-oriented advertising sign on any site; not both.
(f)
Displays. Regional market signs may only identify the regional market group, group members, or affiliated business organization located on-site as owners or occupants of the premises, and/or advertise the business conducted or services rendered or goods produced or sold upon the property upon which the regional market sign is constructed, and other information consistent with Section 5405 of Division 3, Chapter 2 of the Business and Professions Code, Outdoor Advertising Act, and the policies of the California Department of Transportation (Caltrans) for freeway-oriented signs.
(g)
Fixed text. Any permanent fixed copy on a regional market sign shall be individual letters or have the appearance of individual letters, and shall be consistent with the sign design guidelines including criteria for legibility and the avoidance of a cluttered appearance.
(h)
Changeable message. An electronic message center may be incorporated in the regional market sign with the approval of the city council, subject to the following:
(1)
Length of display. Each message shall be displayed for a period of at least eight seconds. The sign shall remain blank (no messages or display) for at least one second between displays. The messages and displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The software manufacturer and the software installer shall certify to the city that the software for the computer which controls the sign has been designed to and can only operate the sign at the approved on and off intervals.
(2)
Maximum size. The maximum size of the electronic message center portion of a regional market sign shall be 600 square feet. The director of community development may approve an electronic message center up to 10% larger than the maximum size specified here, upon receipt of an application for an administrative adjustment.
(i)
Illumination. The permanent copy may be illuminated by internal illumination of each individual letter or by halo back-lighting of each letter. No cabinet signs with illuminated backgrounds are allowed. The changeable copy area shall only be illuminated by the internal electronically controlled lights of the message center component.
(j)
Initiation of application. Each sign application for a regional market sign shall be forwarded to the city council for initiation. The city council shall make the following findings prior to initiating any request.
Initiation findings.
(1)
The applicant(s) constitute(s) a regional market group as defined by section 33-1391(52-1) or an affiliated business organization consisting of members of a qualified regional market group,
(2)
The regional market group has limited visibility from the Interstate 15 freeway,
(3)
Due to interurban competition, the defined group of users is at risk of a reduction in their share of the regional market; or
The regional market sign will assist in the retention of the regional market group uses in Escondido.
Upon initiation by the city council, a sign(s) shall be posted in a conspicuous location(s) on the project site so as to be visible from each public street adjacent to the site. The sign(s) shall notify the public of the submittal of a regional market sign application and shall be consistent with the requirements of section 33-1300(c)(2) of this chapter as to content and size. |
(k)
Review of application. Upon initiation by the city council, the sign permit application and processing fee shall be submitted to the planning division and shall include a site-specific study prepared pursuant to subsection (n) of this section, as well as a list of property owners within 500 feet of the proposed sign location pursuant to subsection (1) below. If the proposed location for the regional market sign is zoned PD-C (planned development-commercial), no separate modification of the master sign program for the planned development is necessary. The sign application shall be reviewed by the planning division, whose recommendations shall be considered by the planning commission and the city council at separate public hearings. The city council shall make all the following findings prior to any approval or conditional approval of a regional market sign.
Approval findings.
(1)
The proposed sign size and design are appropriate for the proposed location, type of regional market group, and surrounding development including the elevation of the adjacent freeway travel lane and mature height of landscaping, and conform to the sign standards of this section.
(2)
The proposed sign is comprehensively designed to artistically integrate the various elements of the advertising and structure consistent with the sign design guidelines, which creates a high quality advertisement.
(3)
The proposed sign will not be materially detrimental to the public health, safety or welfare or injurious to the property or improvements in the vicinity in which the property is located.
(4)
The regional market group association has demonstrated the ability and intent to enter into an agreement with the city to provide continuing maintenance of the regional market sign in accordance with the sign standards and conditions of approval.
(l)
Public hearing notice. Public notice of the public hearings before the planning commission and the city council shall be given pursuant to Division 6, section 33-1300 of this chapter. However, the 500 foot radius from the property line adjacent to the freeway shall be measured from the Caltrans right-of-way line on the opposite side of the freeway from the project site.
(m)
Other permits. Any approval of a sign application submitted without a current sign permit from the California Department of Transportation (Caltrans) for the proposed location, shall be conditioned upon obtaining any applicable sign permit from Caltrans for the proposed location.
(n)
Requirements of site-specific study. The applicant shall provide a visual study representing the sign at the proposed location which demonstrates the visibility of the proposed sign from northbound and southbound travel lanes of Interstate 15. The study may be photographs or video tape of sign mockups situated on the proposed site; photo simulations; computer simulations; or other appropriate representations to the satisfaction of the director.
(o)
Maintenance agreement. A maintenance agreement between the regional market group and the city shall be executed prior to the issuance of building permits for the regional market sign. The agreement shall identify the party responsible for the maintenance and operation of the regional market sign and shall include the annual maintenance schedule, to the satisfaction of the city attorney.
(Ord. No. 95-18, § 2, 9-13-95; Ord. No. 96-27, § 1, 8-28-96; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2016-07, § 4, 8-24-16)
§ 33-1395.11 Sign standards-Super-graphic signs-CG, CN, CP, and P-D-C zones.
Subject to review and approval by the director, wall signs, except projecting wall signs that incorporate large graphic images may exceed the maximum allowable sign area subject to wall sign development criteria and design guidelines for the underlying zone and subject to the following additional provisions and standards:
(a)
Size. In no event shall the total area of super-graphic signs exceed two times the allowable wall sign area for the underlying zone. The text of the sign shall be limited to the maximum allowable wall sign area of the underlying zone.
(b)
Illumination of a super-graphic sign shall not exceed an area equal to the maximum allowable wall sign area of the underlying zone.
(c)
Internally illuminated cabinet signs shall be prohibited.
(d)
If deemed appropriate by the director, a super-graphic sign may extend above the primary wall line or parapet.
(Ord. No. 98-25, § 1, 12-9-98; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2016-15, § 4, 10-26-16)
§ 33-1395.12 Sign standards-Signs related to historic buildings and historic signs.
(a)
Historic buildings. Signs for buildings listed in the Escondido historic/cultural resource inventory or on the local register of historic places may deviate from the standards and from the design guidelines if the request is deemed historically appropriate for the significant architectural style of the building and consistent with the historic preservation incentives program. The historic preservation commission shall consider each request on a case-by-case basis.
(b)
Advertising structures and signs identified by the historic preservation commission as having historic cultural significance may be maintained pursuant to the historic preservation incentives program. The historic preservation commission shall consider each request on a case-by-case basis.
(c)
Maintenance requirements. Failure to maintain a historic sign and advertising structures in conformance with the following requirements shall constitute grounds for rescinding existing sign exception:
(1)
All parts of the signs and advertising structures exempted by this section, including neon tubes, incandescent lights, and shields and sign faces, shall be maintained in a functioning condition as historically intended.
(2)
Historic signs and advertising structures for which an exception is granted shall be brought into conformance with the above requirements within 90 days of the date the exception is granted.
(d)
Alterations. Subject to the issuance of a certificate of appropriateness pursuant to Article 40, a historic sign may be altered provided that such alterations do not substantially change the historic style, scale, height, type of material, or dimensions of the historic sign.
(Ord. No. 2000-23, § 10, 9-13-00; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2016-15, § 4, 10-26-16)
§ 33-1396 General use signs.
Sign permits may be issued for signs included under this section in any zone in the city unless otherwise designated. Applications for permits for general use signs shall be made as provided in section 33-1392 or as otherwise indicated by this section. These signs are in addition to those signs expressly permitted in particular zones and are subject to the following provisions:
(a)
Special event signs. Commercial grand opening and similar signs may be approved by the director for a limited period of time in the CG (general commercial) and CN (neighborhood commercial zones) and for specific uses in the M-l (light industrial) and M-2 (general industrial) zones, as a means of publicizing grand openings and special events such as new management and promotional sales. In addition, special event signs are also allowed for private schools, day care centers and churches regardless of the zoning. The regulation and limitation of the signs shall be as follows:
(1)
In advance of a special event, the business owner shall submit a temporary sign application, which includes the dates of the special event and the types of signs to be used. The sizes and locations of the signs shall also be indicated.
(2)
Special event signs shall be limited to a maximum of 60 days per calendar year per business, not exceeding 30 consecutive days at any time.
(3)
Special event signs may be approved in the M-1 and M-2 zones for motor vehicle dealers, lumberyards, restaurants, and other permitted uses of similar retail nature, as determined by the director.
(4)
Special event signs may include balloons, flags, searchlights, beacons, pennants and streamers, banners, portable signs, or other similar devices. Balloons may not exceed 24 inches in any dimension.
(5)
One special event banner is allowed for each street frontage, except for individual in-line shops in commercial centers where one banner is allowed for each building face fronting on a parking lot or a street.
(6)
Each special event banner shall not exceed 72 square feet in area.
(7)
Large balloons and other inflatable displays may be allowed for a maximum of 14 days per calendar year. If these balloons and displays are to be ground-mounted, they may not exceed 30 feet in height and, if located in the parking lot, not more than 10% of the required number of parking spaces may be utilized for the installation of the device, including the required tethering area around it. Roof-mounted inflatable displays shall not extend above the height limit of the zone. A sign permit and nominal fee is required. All requests shall be reviewed by the planning, building and fire departments for compliance with all fire and building codes.
(8)
No special event signage (of any type) may be displayed on or attached to any public property including telephone or utility poles, traffic control signs or devices, street lights or other structures located on public property.
(9)
No special event signage of any type shall interfere with or restrict vehicular or pedestrian access or visibility.
(10)
Automobile sales businesses that sell new vehicle inventory, which are located outside the Escondido Auto Park and in zones other than PD (planned development), shall utilize the Escondido Auto Park standards listed below:
(A)
Large, roof-top balloons are permitted for four, 10 day periods per calendar year.
(B)
Helium filled balloons, not exceeding 24 inches in any dimension, are permitted on Saturdays, Sundays and for special events. They shall be removed at the close of business each day.
(C)
Each dealership shall be permitted to display banners for a maximum of 30 consecutive days for special events, not exceeding 100 square feet in size per banner.
(D)
Window banners, antenna mast flags, wind-driven propellers, streamers, windshield sunshades, stuffed animals and inflatable characters are prohibited.
(E)
Temporary 25 foot by 50 foot shade tents are permitted in display areas (not customer parking areas) for 30 day periods, or the length of a promotion/event, whichever is less. All requests shall be reviewed by the building division and fire department for compliance with all building and fire codes.
(b)
On-Site Subdivision Signs.
(1)
One temporary on-site subdivision sign is permitted on each street frontage of the property to be subdivided not to exceed two such signs for any subdivision. Each sign shall not exceed 50 square feet in area and shall not exceed a height of 12 feet.
(2)
One feature sign, one model sign and two flags or pennants for each model home may be placed on the model home lots, at the sales office, or in the parking lot of the subdivision. Such signs and flags shall not exceed four square feet in area and may be double-sided.
(3)
Signs shall observe a minimum five foot setback from all property lines and shall not interfere with vehicle sight distance requirements.
(4)
Such sign shall be for the identification of a subdivision, price information, and the developer's name, address and telephone number. Signs may be either single-faced or double-faced provided the faces are not more than 12 inches apart and are mounted along parallel planes.
(5)
Such signs shall be removed within 30 calendar days from the date of the close of escrow for the final sale of the land or last residence for the first time. The director may grant a written extension of the period for which signs, flags, or pennants may be maintained after the final sale up to a maximum of six months.
(c)
Real Estate Kiosk Signs. Sign panels on a city-approved kiosk structure may be authorized for the purpose of providing directional information to residential developments with units for sale, lease, or exchange (including assisted living developments) located within Escondido's general plan area.
(1)
Number. The maximum number of single-faced sign panels allowed shall be 10 per development.
(2)
Area and Dimensions. Sign panels shall be five square feet in total area and shall measure five feet horizontal length by one foot vertical height.
(3)
Height. Maximum sign height for a single sign structure (kiosk) shall be 11 feet.
(4)
Kiosk Structures. All sign panels shall be located on a city-approved kiosk structure.
(5)
Permitted Locations. Signs shall be located on designated city kiosk structures within the public right-of-way. If, in the opinion of the director, available city kiosk structures will not permit adequate directional information, kiosk structures may be approved by the director on private property with the written permission of the property owner. A kiosk location plan shall be prepared showing the site of each kiosk and shall be submitted to and approved by the planning division prior to the acceptance of a sign permit application.
(6)
Sign Copy. Each kiosk panel shall contain only the name of the subdivision or residential development, or developer, or development logo, and a logo(s) regarding an award, special certification, or "green" development, and a directional arrow. Community directional panels (City Hall, library, parks, districts, historic sites, etc.), at the discretion of the city, may also be allowed on kiosk structures.
(7)
Spacing. No real estate kiosk sign shall be placed within 300 feet of another except when they are across the street from one another. A maximum of seven temporary real estate directional sign panels for different developments may be grouped on a single kiosk structure face. Only one panel per development may be placed on a single kiosk structure face.
(8)
Colors. Directional signs shall conform to colors and design standards approved by the director.
(9)
Right of Entry. All kiosks which are placed on private property must have prior written consent of the property owners to allow the city, in the event of noncompliance, to enter said property and remove the sign. A copy of said consent shall be filed with the planning division prior to the acceptance of a sign permit application.
(10)
Changes. Any sign approved for a particular development project within the city shall not be changed to another project without prior approval of the director of community development.
(11)
Time Period. Permits for sign panels shall be issued for a limited period of time, not to exceed 24 months. Following the 24 month period, the permittee may apply for one year extensions or all sign panels shall be removed.
(12)
Cash Deposit. A cash deposit or bond in the amount necessary to remove such sign and an administration fee as may be established by resolution of the city council may be required to be deposited with the city to ensure compliance with the stipulations of this chapter and removal of signs in a timely fashion. Upon confirmation that the sign has been removed, the deposit will be refunded or the bond released. In the event the city removes a sign, due to noncompliance with the permit or these regulations, the full amount of the bond or cash deposit shall be due the city in order to defray enforcement costs.
(13)
Unauthorized Alterations. There shall be no additions, tag signs, attention-getting devices, or other appurtenances added to the sign as approved.
(14)
Lighting. Artificial illumination of real estate kiosk signs by any means is prohibited.
(d)
Temporary Real Estate Directional Signs. In addition to the approved kiosk sign panels, major subdivisions located within the general plan area of Escondido may also request temporary real estate directional signs.
(1)
Number. Up to 10 single-faced or double-faced signs per development;
(2)
Area. Temporary directional signs shall not exceed four square feet per face nor dimensions of two feet by two feet;
(3)
Height. Maximum sign height shall be five feet;
(4)
Location. Temporary directional signs shall not be placed within any public right-of-way or be attached to utility poles, nor shall they interfere with vehicle sight distance requirements. Written approval of the property owner(s) is required to be submitted with the application;
(5)
Spacing. Each temporary directional sign shall be placed a distance of not less than 100 feet from any other temporary directional sign or real estate kiosk sign of the same development, except when they are across the street from one another;
(6)
Right of Entry. All temporary directional signs must have prior written consent of the property owners to allow the city, in the event of noncompliance, to enter said property and remove the sign. A copy of said consent shall be filed with the planning division in conjunction with the sign permit application;
(7)
Time Periods. Permits for temporary directional signs shall be issued for a limited period of time, not to exceed one year, or until each unit is sold for the first time, whichever occurs first. Following the one year period, the permittee shall apply for a six month extension or all signs shall be removed. The total permitted time period shall not exceed 36 months and each application for an extension shall include a right-of-entry consent form from any new property owners involved;
(8)
Cash Deposit and Fee. A cash deposit or bond in the amount necessary to remove such signs and an administrative fee as may be established by resolution of the city council may be required to be deposited with the city to ensure compliance with the stipulations of this chapter and removal of signs in a timely manner. Upon confirmation that the signs have been removed, the deposit will be refunded or the bond released. In the event the city removes a sign, due to noncompliance with the permit or these regulations, the full amount of the bond or cash deposit shall be due the city in order to defray enforcement costs;
(9)
Unauthorized Alterations. There shall be no additions, tag signs, attention-getting devices or other appurtenances added to the sign as approved;
(10)
Lighting. Artificial illumination of temporary real estate directional signs by any means is prohibited.
(e)
Bulletin Signs.
(1)
Any allowable wall or freestanding sign may be a changeable copy sign announcing cultural activities, events or programs to be held on the premises, for the following uses only:
(A)
Amphitheaters;
(B)
Theaters;
(C)
Churches;
(D)
Convention/conference centers;
(E)
WASC (Western Association of Schools and Colleges) accredited primary and secondary schools (grades K-12);
(F)
Museums;
(G)
Youth centers;
(H)
City of Escondido or other public body;
(I)
Establishments which offer live entertainment.
(2)
All requests for the construction of electronic changeable copy signs shall be considered by the planning commission. Requests for manually-changed bulletin signs shall be reviewed by planning staff.
(f)
Signs for Nonresidential Uses in Residential Zones. Nonresidential facilities and uses located in residential zones subject to a conditional use permit, are allowed one wall sign, a maximum of 20 square feet in area and one freestanding sign, a maximum of 24 square feet in area. A freestanding sign three feet high may be located anywhere on the site. A taller sign up to a maximum of six feet high shall maintain the required setback of the zone. All freestanding signs must be compatible with the structure and/or property where they are installed and shall not adversely impact the visual character of the surrounding area. For properties with more than five acres and frontage on more than one street, one freestanding sign per street frontage may be allowed. Only one sign per property/use may be a changeable copy sign pursuant to section 33-1396(e).
(A)
WASC (Western Association of Schools and Colleges) accredited primary and secondary schools (grades K-12) subject to this section are allowed one wall sign, a maximum of 40 square feet in area. Monument sign(s) of up to six feet in height are permitted, or a pole sign of up to 15 feet in height may be permitted subject to staff design review. The maximum square footage allowed for each freestanding sign shall not exceed 60 square feet, and the number of freestanding signs permitted on a site shall not exceed two. Each and every sign over three feet shall maintain the required setback of the underlying zone.
(g)
Public Facilities Signs of the City of Escondido. Freestanding signs, wall signs, and bulletin signs for public facilities of the City of Escondido shall be reviewed by the director for appropriate design and scale for the site pursuant to the design guidelines, but in no event shall any sign exceed the sizes and heights permitted in commercial zones.
(h)
Off-Site Directional Signs for Approved Historical Points of Interest. In the case of approved historical points of interest, off-site directional signs of a content, size, height above ground, and location acceptable to the city may be approved by the director and the city engineer. To be considered approved, a place or point of interest must be recorded in the national register of historical places, the local register of historic places, or at the California Department of Parks and Recreation as a point of historical interest.
(i)
Pole-Mounted Banners. Pole-mounted banners for the purpose of providing business identification shall be permitted on poles within HP (hospital professional), CG (general commercial), CP (office professional) and PD-C (planned development—commercial) zones. All proposals for pole-mounted banners shall be reviewed by the planning division for conformance with the following standards:
(1)
Banners shall be constructed of vinyl, cloth or similar durable material. Each banner may be double-faced and shall be permitted a maximum area of 16 square feet. A maximum of two banners shall be permitted on each pole. Each banner shall be hung on the pole so that the lowest portion of the banner is at least eight feet above the ground.
(2)
Banners shall be kept in good condition and may be exhibited year-round. For commercial centers or properties less than three acres in size, the aggregate total of all banners shall not exceed 72 square feet.
(3)
All banners shall feature color backgrounds and/or graphic images. Text shall be limited to no more than 1/2 of the banner area. All text shall be limited to identifying the business or enterprise on the property only and shall not be used to display products, services or promotions.
(j)
Signs within the public right-of-way for commercial activities for which there is a valid encroachment-removal agreement.
(1)
Monument signs for which there is a valid encroachment-removal agreement may be placed within the public right-of-way, only under the following circumstances:
(A)
Sufficient right-of-way exists between the ultimate edge of pavement or back of sidewalk, whichever is applicable, and the adjacent property line, as determined by the city engineer.
(B)
Existing underground public utilities preclude the placement of a monument sign on the property immediately adjacent to the location where the sign is proposed.
(C)
The right-of-way is classified as a major road or prime arterial in the General Plan.
(D)
The public right-of-way intended for placement of a monument sign must be immediately adjacent to a commercially zoned property or property designated for commercial use, with an operating commercial land use activity, and the commercial property must be at least four acres in size.
(E)
The encroachment-removal agreement must be between the City of Escondido and the owner of the property immediately adjacent to the location where the sign is placed.
(F)
No other freestanding sign is allowed for the adjacent shopping center along the street where the monument sign will be placed.
(G)
New buildings have not been constructed on the property immediately adjacent to the location where the sign is proposed after the effective date of the ordinance codified in this subsection in a location that would have otherwise provided an opportunity for a monument sign on said adjacent property.
(2)
Monument signs placed within the public right-of-way shall be subject to the following conditions:
(A)
Development standards (size, height, illumination, etc.) shall be the same as those applicable to the adjacent commercial property.
(B)
The sign is considered an on-site sign for the immediately adjacent shopping center and shall be subject to all laws and regulations applicable to the subject shopping center for the duration of the encroachment-removal agreement.
(C)
The sign shall be subject to design review.
(D)
The sign shall have a decorative base and enhanced landscaping must be provided around the base of the sign.
(E)
The sign shall be as close as possible to the immediately adjacent property line.
(F)
The sign must be at least 100 feet from any intersection and shall not create or exacerbate an existing sight-distance issue.
(G)
Placement of the sign shall not necessitate the removal of any trees, either for installation of the sign and/or visibility of the sign.
(3)
The city may deny any request to place a sign in the public right-of-way if necessary to preserve the public health, safety, and welfare, or other public interest concerning the right-of-way.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 99-20, § 4 Exh. A, 7-21-99; Ord. No. 2001-05, § 4, 2-28-01; Ord. No. 2008-11, § 4, 5-21-08; Ord. No. 2008-22, § 7, 9-10-08; Ord. No. 2009-02, § 4, 2-25-09; Ord. No. 2012-08, § 4, 5-23-12; Ord. No. 2017-08, § 7, 5-24-17; Ord. No. 2018-22, § 1, 12-5-18; Ord. No. 2019-10, § 7, 8-21-19)
§ 33-1397 Temporary signage on private property.
Up to 30 days prior, and 10 days after any local, state, regional or national official election temporary signage is allowed on all private property. Sign area is limited to 16 square feet per sign in all zones. All freestanding temporary signs shall not exceed an overall height of eight feet from the finished grade immediately around the sign. The number of signs during this time period is not limited. No permit is required for the placement of temporary signage pursuant to this section. All signs prohibited by section 33-1393(b) of this article are expressly prohibited as temporary signage. Such signage may carry any form of noncommercial signage, consistent with this article.
Temporary signage shall not obstruct the vehicle sight distance area at intersections and driveways.
For purposes of this section, vehicle sight distance means the area through which a driver has a clear view of oncoming vehicle and pedestrian traffic when waiting to proceed at a street corner or driveway. The sight distance at driveways should be at least 10 feet on each side of the driveway and at least 10 feet from the back of the sidewalk or 15 feet from existing curb or edge of pavement. At nonsignalized corners, the clear view area is established by measuring 25 feet along the street fronts from each curb return point and drawing a line across both back points to form a triangular area. Signs in excess of three feet above the curb grade or having a support pole larger than 12 inches in diameter installed in any clear view area shall be reviewed and approved by the engineering division prior to installation to ensure sufficient vehicle sight distance exists as required by this section.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 93-27, § 1, 10-27-93; Ord. No. 98-25, § 1, 12-9-98; Ord. No. 99-27R, § 8, 12-1-99)
§ 33-1398 Enforcement and penalties.
(a)
Violators Punishable by Fine and Imprisonment. Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment.
(b)
Each Day a Separate Offense. Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this article is committed, continued or permitted by such person and shall be punishable therefor as provided for in this article.
(c)
Violation a public nuisance. Any sign or advertising structure erected, constructed, altered, maintained, placed or used contrary to the provisions of the article shall be declared unlawful and a public nuisance. Furthermore, any failure, refusal, or neglect to obtain a permit as required by the terms of this article shall be a prima facie evidence of the fact that a nuisance has been committed in connection with any sign or advertising structure erected, constructed, altered, maintained, placed or used contrary to the provisions of this article.
(d)
Remedies cumulative. All the remedies provided for in this section shall be cumulative and not exclusive.
(e)
Inspection to ensure compliance. Whenever there is cause to suspect a violation of any provision of this article or to investigate either an application for granting extension or modification or an action to revoke or modify a permit, any officials responsible for enforcement or administration of this article or their duly authorized representatives may enter any site, provided they shall do so in a reasonable manner. No owner or occupant or agent thereof shall, after reasonable notice and opportunity to comply, refuse to permit such entry. In the course of such inspection, no enclosed building or structure shall be entered without the express permission of the owner or occupant.
(f)
Notices to maintain, alter, or repair. Upon a written notice from the building or planning division, the necessary maintenance, alterations or repairs shall be made within 30 calendar days after the date of such notice.
(g)
Inventory of illegal and abandoned signs. Pursuant to the California Planning and Zoning Laws, Chapter 2.5, Section 5491.1, the city shall inventory and identify illegal and abandoned advertising displays within its jurisdiction. The inventory and identification shall commence within six months from the date of adoption of the ordinance codified in this article, and abatement of the identified illegal and abandoned on-premises signs shall commence within eight months of the adoption of this article. The city may impose reasonable fees for inventory and identification costs upon all owners or lessees of illegal and abandoned advertising displays.
(1)
Removal. Except as otherwise required in this article, signs pertaining to enterprises, occupants or activities which are no longer using the premises for which the sign relates or are inoperative shall be painted out, obliterated or removed from the premises within 180 calendar days after the enterprise or occupant has vacated the premises. Any nonconforming signs which exist at the time a business becomes abandoned as defined in this article shall be removed and may not be replaced, restored or revised unless brought into conformance with this article.
(h)
Public nuisance abatement. Any signs which are placed or which exist in violation of the provisions of this article are public nuisances and may be removed by any public employee after 10 days written notice posted on the structure or sign and a copy forwarded by mail to the advertising display owner at his last known address. The cost of removal shall be billed to the sign's owner, the property owner, business owner, or other responsible party.
(i)
Summary abatement. Signs located in the public right-of-way which are not in compliance with this article may be declared to be a public nuisance subject to summary abatement by the city. In addition to any criminal or civil penalties prescribed by law, the actual costs of abatement of such signs shall be a debt owed to the city by the person responsible for causing placement of the sign in the public right-of-way.
(j)
Removal of unsafe, illegal, or abandoned signs.
(1)
Whenever any sign or part thereof other than those referred to in section 33-9 is erected or maintained in violation of the provisions of this article or whenever any sign is in a condition to be in danger of falling or is a menace to the safety of persons or property, the director shall give written notice to the permittee, owner or person in charge of the sign. Such written notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal shall be not less than fifteen nor more than 30 calendar days from the date of the mailing of the notice. Within 10 days of the date of mailing the notice, the permittee, owner or person in charge of the sign may request a hearing before the director or his or her designee. The hearing shall be limited to whether the sign was erected or maintained in violation of this article or whether the condition of the sign is dangerous to the safety of persons or property. Upon receipt of a written request for a hearing, the director shall schedule a hearing and send written notice by first class mail of the time, place and date for the hearing. After the hearing the director may affirm, modify or revoke the order to remove or repair. The time for compliance with the original order shall be stayed during the pendency of the hearing. Whenever the permittee, owner or person in charge of the sign fails to comply with an order of the director made pursuant to this section, the director may remove or alter the sign so that it conforms to the provisions of this article. The expense of such action by the director shall be charged to the permittee, owner or person in charge of the sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees incurred by the city in collection of the costs shall be added to the amount of the debt.
(2)
Any lettering, advertisement, card, poster, sign or notice of any kind placed upon public property or on any curb, sidewalk, post, pole, lamppost, hydrant, bridge, tree or other surface located on public property in violation of the provisions of this code or any sign which constitutes an immediate peril to persons or property may be removed without prior notice by any officer or employee of the city designated to do so by the city manager. For the purposes of this subsection, "public property" shall include any public right-of-way.
(3)
(A)
When a sign or other matter specified in subsection (b) of this section is posted or caused to be posted in violation of this chapter and the city has incurred any expense in removing the sign or other matter or in repairing public property damaged because of the posting of the sign or other matter, the director may send a bill to the person responsible for posting and causing to be posted the sign or other matter for the actual or estimated cost of removal. Any such expense incurred shall constitute a debt owed to the city. The director may establish administrative regulations to govern the billing procedures. Each bill shall include the cost both direct and indirect involved in the removing of the signs or other matter and in administering the billing procedure. The bill shall describe the basis of the amount billed by indicating the number of signs or other matter posted illegally, the time necessary for removal, the hourly cost for removal, the right to a hearing and other relevant information. The bill shall also specify a date by which the bill is to be paid which date shall be not less than 10 business days after the bill is mailed.
(B)
Every person billed may request a hearing pursuant to subsection (j)(4) of this section. Following the hearing the director shall within 10 business days after the date of the hearing notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid, which date shall in no event be less than 30 calendar days after the date of the hearing.
(C)
Any person posting or causing to be posted a sign or other matter in violation of the provisions of this chapter who fails to pay the amount billed such persons for such violation within the period specified in this section shall also be liable for expenses incurred by the city in collecting the debt, including the cost of paying city employees or other persons engaged in the debt collection.
(D)
In any civil action involving any person, firm or corporation, or the chairman, president or other head of any committee or organization for violation of any of the provisions of this chapter, proof that the sign or other matter contains the name of or otherwise identifies such person, firm or corporation, or the particular committee or organization involved shall constitute prima facie evidence that the person, firm, corporation or chairman, president or other head of the committee or organization involved posted, or caused to be posted, such sign or other matter.
(4)
The owner of any lettering, advertisement, card, poster, sign or notice of any kind placed upon public property, or constituting an immediate peril to persons or property, which has been removed by an officer, or employee of the city without prior notice to the owner pursuant to the provisions of subsection (j)(2) of this section may request a hearing conducted by the director or his or her designee. The request for hearing shall be made in writing to the director no later than 15 calendar days from the date the director mails the billing statement specified in subsection (j)(3) of this section or within 30 calendar days of the date of the removal whichever occurs first. The hearing shall be limited to determining whether the lettering, advertisement, card, poster, sign or notices was located upon public property in violation of the provisions of this chapter or constituted an immediate peril to persons or property and the accuracy of the amount billed. Upon receiving a written request for hearing the director or his or her designee shall set a hearing not less nor more than 30 calendar days from the date of receipt of the request and shall provide written notification of the hearing to the applicant. The notification shall include the date, time and place of the hearing. The decision of the hearing officer shall be final and nonappealable. Any lettering, advertisement, card, poster, sign or notice which has been properly removed under this section may be returned to the owner upon payment to the city of the costs of removal as specified in subsection (j)(3) of this section. If no timely request is made for hearing or if no demand is made for the return of the materials removed, the director or his or her designee is authorized to destroy or dispose of the removed material.
(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 99-27R, §§ 9, 10, 12-1-99; Ord. No. 2008-22, § 7, 9-10-08)
§ 33-1399 Nonconforming signs.
(a)
Continued use. Any sign which does not conform to the provisions of this article and which was legally constructed or displayed prior to the adoption of the ordinance codified in this article, or was issued permits pursuant to section 33-1398(h) of this article, shall be considered legal nonconforming and may remain in use subject to the provisions of this chapter.
(b)
Removal of nonconforming signs without compensation. A legal nonconforming sign shall be removed or brought into conformance with this article without compensation when such sign meets any of the following criteria:
(1)
A sign lawfully erected, but whose business or use has become inoperative or abandoned for a period of not less than 365 calendar days. This does not apply to signs which are in conformance with an approved comprehensive sign program for a commercial/industrial center;
(2)
A sign damaged to the extent that the cost of repair, other than copy replacement, will exceed 50% of the sign value as determined by the director, and sign or building permits are not obtained within 30 calendar days of the date of the destruction of the sign;
(3)
A sign located on a site whose owner is requesting permission to remodel such sign, or to expand or enlarge the building or land use upon which the advertising display is located and the sign is affected by the construction, enlargement or remodeling, or the cost of construction, enlargement or remodeling of the sign exceeds 50% of the cost of reconstruction of the building;
(4)
A sign which is relocated;
(5)
A sign for which there has been an agreement between the sign owner and the city for its removal as of any given date;
(6)
A sign which is, or may become dangerous to the public, as determined by the director.