Monterey Park City Zoning Code
CHAPTER 21
24 SIGN REGULATIONS
§ 21.24.010 Purpose.
(A)
The purposes of this chapter include:
(1)
Encourage the effective use of signs as a means of communication in the City;
(2)
Maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth;
(3)
Encourage signs, which are integrated with and harmonious in size, design, style, material, and appearance to the buildings and sites, which they occupy and surround;
(4)
Improve pedestrian and traffic safety;
(5)
Minimize the possible adverse effect of signs on nearby public and private property; and
(6)
Enable the fair and consistent enforcement of these sign restrictions.
(B)
This chapter is adopted pursuant to the City's police powers in furtherance of the more general goals set forth in the General Plan to regulate the time, place, and manner that signs may be used within the City's jurisdiction.
(Ord. 2097 § 3, 2013)
§ 21.24.020 Application of this Chapter.
This chapter regulates signs placed on private and public property located within the City of Monterey Park. For signs on public property, this chapter applies only to public property not owned or controlled by the City and over which the City may exert its land use regulations. Signs on public property owned or controlled by the City are subject to separate codes, regulations, or policies not set forth in this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.030 Permits Required.
Unless otherwise provided in this chapter, all signs displayed within the City must have a valid permit issued in accordance with the procedures in this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.040 Owner Consent Required.
Before the City issues any permit pursuant to this chapter for a permanent sign, an applicant must provide written documentation that the building or property owner of the area upon which a proposed sign would be erected or displayed, consents to its placement. Signs that are exempt from the permit requirements of this chapter may be erected or displayed only with the building or property owner's consent.
(Ord. 2097 § 3, 2013)
§ 21.24.050 Message Substitution.
Noncommercial copy may be substituted for any commercial or noncommercial copy on any sign that is allowed by this chapter, whether permitted or exempt. Message substitution may be made without any additional City approval or permitting. This section prevails over any more specific provision to the contrary within this chapter. The purpose of this section is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This section does not create a right to increase the total amount of signage on property, does not affect the permitting requirements of this chapter, and does not override terms and conditions in private contracts.
(Ord. 2097 § 3, 2013)
§ 21.24.060 Compliance with Applicable Law.
All signs must comply with all applicable law including, without limitation, the uniform building, electrical, plumbing, mechanical, and grading codes, at the time the sign is constructed and mounted for display. Signs that are substantially rebuilt, remodeled, or refurbished must conform to all codes in effect at the time such work occurs.
(Ord. 2097 § 3, 2013)
§ 21.24.070 Variances and Conditional Use Permits.
Except as otherwise provided, all deviations from this chapter must comply with the variance procedures set forth in Chapter 21.32. Unless otherwise provided to the contrary, all sign regulations of precise plans and conditional use permits are controlled by this chapter and must be processed without regard to the proposed message, content, or copy of proposed signs.
(Ord. 2097 § 3, 2013)
§ 21.24.080 Sign Classification.
The City Planner may classify every sign proposed to be erected within the City's jurisdiction in accordance with this chapter. Signs that do not clearly fall within one of the definitions provided by this chapter must be placed in the classification that the sign, based upon its design, location, physical characteristics, and purpose, most closely approximates. Unless appealed to the Planning Commission pursuant to this code, the City Planner's decision is final.
(Ord. 2097 § 3, 2013)
§ 21.24.090 Sign Maintenance.
All elements of signs including, without limitation, supports, poles, lights, and temporary construction materials, must be maintained in good and safe structural condition. Permittees, persons who erected or posted the sign, persons owning the property or building who granted permission for the sign to be erected or displayed, and the owner of the real property upon which the sign was erected or posted, regardless of that owner's knowledge of the sign, are all jointly responsible for sign maintenance. All successors in interest to these persons are equally responsible for sign maintenance.
(Ord. 2097 § 3, 2013)
§ 21.24.100 Offsite Signs-General Prohibition.
Unless otherwise expressly permitted by this chapter, it is unlawful to construct or use any permanent structure for displaying offsite commercial messages.
(Ord. 2097 § 3, 2013)
§ 21.24.110 Movable and Temporary Signs-General Prohibition.
Unless otherwise expressly permitted by this chapter, all exterior signs must be permanently affixed to a building, permitted sign support, or firmly attached to the ground. Portable or moving signs with commercial copy are unlawful. Temporary signs are unlawful except as expressly allowed by this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.120 Sign Construction-General Prohibitions.
It is unlawful for signs to be constructed, erected, or displayed as follows:
(A)
Signs Supports. Signs may not be supported with exposed bracing, angle iron, guy wires, cables, or similar materials.
(B)
Lighting. Signs may not include bare light bulbs over 15 watts that are visible from the front of the sign or beyond the property line. Neon or argon lamps are permissible.
(C)
Overhead Power Lines. Signs may not be connected to visible overhead electrical power lines.
(Ord. 2097 § 3, 2013)
§ 21.24.130 Hazardous Signs.
It is unlawful to erect signs that are detrimental to public health or safety. Such hazardous signs include those, that because of design, construction, lighting, or location:
(A)
Could be reasonably mistaken for a traffic signal;
(B)
Obstruct free and clear observation of any legal traffic sign, signal or device;
(C)
Obstruct any door, window, or fire escape of buildings or impeded pedestrian traffic over public rights-of-ways;
(D)
Are attached to a standpipe or fire escape; or
(E)
Otherwise poses a threat of death, damage, or injury to persons or property.
(Ord. 2097 § 3, 2013)
§ 21.24.140 Signs in Clear-Sight Triangle Area.
(A)
It is unlawful to erect a sign within the clear-sight triangle area other than as described in this section. These regulations ensure visibility for operators of motor vehicles, bicycles, and pedestrians on intersecting roadways.
(B)
Within a clear-sight triangle area, signs may not extend above 36 inches in height, measured from the adjacent street, alley, or sidewalk grade (Figure 21.24(A)). However, pole signs with a sign face that is at least eight feet above grade may be placed within a clear-sight triangle.
Figure 21.24(A) Clear-Sight Triangle Area  |
(Ord. 2097 § 3, 2013)
§ 21.24.150 Signs on Public Property.
Unless otherwise provided by this chapter or by City Council resolution, it is unlawful to display signs on public property owned by the City.
(Ord. 2097 § 3, 2013)
§ 21.24.160 Wind-Activated Signs.
Unless otherwise provided by this chapter, it is unlawful to erect, allow, or maintain wind activated signs such as spinner, pennants, streamers, and balloons.
(Ord. 2097 § 3, 2013)
§ 21.24.170 Mobile Signs.
(A)
Except as otherwise provided by this chapter, mobile signs are prohibited.
(B)
This section does not apply to mobile signs where the copy relates only to the business or establishment of which the vehicle itself is a part; pertains to the sale, rent, lease, or hiring of such vehicle; or is a noncommercial message.
(Ord. 2097 § 3, 2013)
§ 21.24.180 Animated Signs and Illuminated Signs.
Unless otherwise provided by this code, it is unlawful to erect, allow, or maintain animated signs or illuminated signs that detrimentally affect surround property. This prohibition does not apply to neon and argon lamps designed for outdoor display.
(Ord. 2097 § 3, 2013)
§ 21.24.190 Roof Signs.
Unless otherwise provided by this chapter, it is unlawful to erect, allow, or maintain a roof sign. However, roofs with a slope varying more than 45 degrees from the horizontal plane are considered wall space. However, noncommercial temporary signs, whether using illumination or not, may be mounted on roofs in residential zones between November 14 and January 5 each year.
(Ord. 2097 § 3, 2013)
§ 21.24.200 Signs Facing Residential Areas.
(A)
Unless otherwise provided in this chapter, it is unlawful to erect, allow, or maintain signs with commercial messages that face any residential area.
(B)
This prohibition does not apply to commercial establishments that face streets designated as arterial in the General Plan.
(C)
Businesses that face a residential area, are not located on an arterial street, and do not have other street frontage for identification may obtain a permit for a sign facing the residential area. Permits issued for such signs, in additional to any other condition required by this chapter, are conditioned upon such signs not being illuminated; only on-site directional signs located on such businesses may be illuminated.
(Ord. 2097 § 3, 2013)
§ 21.24.210 Solar Energy Collection Devices.
It is unlawful to erect, allow, or maintain a sign that blocks or shadows solar energy collection devices from direct sun exposure in a manner inconsistent with any State or City regulation.
(Ord. 2097 § 3, 2013)
§ 21.24.220 Billboards and Outdoor Advertising Structures Prohibited. [1]
(A)
No billboards or outdoor advertising structures shall be permitted in any zone in the City. This prohibition shall not apply to any billboard or outdoor advertising structure (1) for which a building permit or the equivalent had been obtained and (2) for which construction has commenced and substantial liabilities have been incurred, both in good faith reliance on the permit. The issue on the "substantiality" of expenditures, and liabilities, and the issue of "good faith" are questions of fact to be determined by the City Council, with the burden proof on the applicant. Any person or entity who speeds up his or her project with knowledge of the pendency of this ordinance will be deemed not to have proceeded in "good faith."
(B)
This section shall not be amended except by a majority of the voters of the City voting thereon at a regular or special municipal election.
(Ord. 2097 § 3, 2013)
[1]
Added by Ordinance No. 1921, adopted by the electorate March 4, 1997.
§ 21.24.230 Exempted Signs.
Unless otherwise provided, the following are exempt signs:
(A)
Accessory Signs in Commercial Zones or the O-P Zone. The total area of all such signs displayed by a single establishment may not exceed two square feet without a permit.
(B)
Barber Poles. Traditional barber poles bearing no advertising message.
(C)
Construction Project Signs. Construction project signs displayed on the same parcel as the project being developed or built during the time period beginning with the City's issuing a building permit and ending with the City's issuing of a certificate of occupancy for the last unit or portion of the building must comply with the following:
(1)
A maximum of one sign in residential zones and two signs in all other zones.
(2)
Signs may not exceed six square feet in residential zones; in all other zones, they may not exceed 16 square feet.
(3)
Signs may not exceed more than three feet above where the roof line of the completed structure is located.
(4)
All signs must be removed before a certificate of occupancy is granted for the last unit or portion of the project.
(E)
Flags and Flagpoles. Flags or similar devices with noncommercial images and symbols must comply with the following:
(1)
Flags cannot exceed a maximum vertical dimension of five feet;
(2)
Flags cannot exceed a maximum horizontal dimension of eight feet;
(3)
All flags located on a lot cannot exceed a maximum cumulative area of 40 square feet;
(4)
When flags are mounted on a pole, the height of the pole cannot exceed 30 feet above grade; and
(5)
Not more than one flag pole may be placed on a lot.
(F)
Historical Site Plaques. Plaques or signs designating a building as a historical structure.
(G)
Legally Required or Authorized Signs. Signs and notices required by or specifically authorized by law must conform to the requirements of the authorizing law. When the law states a minimum size for such size, but no maximum size is stated, then the minimum size under the law is also the maximum size permitted by this chapter.
(H)
Noncommercial Group Signs. Signs displaying the name(s) or message(s) of noncommercial organizations or groups may be displayed on private land. Such signs must comply with the following:
(1)
Signs must be freestanding.
(2)
Signs cannot exceed a maximum area of six square feet per display face.
(3)
Signs cannot exceed a maximum number of two display faces.
(4)
Signs cannot exceed a maximum height of eight feet.
(5)
Signs cannot be illuminated.
(6)
Signs must be located near entrances to the City from an arterial road or freeway and be oriented toward traffic as it enters the City.
(I)
Noncommercial Messages—Residential Uses. Noncommercial signs displayed in legal dwelling units must comply with the following:
(1)
Signs cannot exceed a maximum cumulative area of six square feet.
(2)
Signs cannot exceed a maximum height of eight feet.
(3)
Not more than two noncommercial signs (except campaign signs) may be placed on a lot.
(4)
Freestanding signs must be placed at least five feet back from the property line.
(5)
Illuminated signs are prohibited.
(J)
Professional and Business Shingles. Name plate signs for a professional office or a professional office within another establishment, or shingle type signs which announce the name and type of profession, business or activity, must comply with the following:
(1)
Signs must be displayed on the ground or second floor of a main building in all commercial zones and the O-P Zone;
(2)
Signs cannot exceed three square feet in area;
(3)
Signs must be fastened directly to the building or hang from an awning, building overhang or canopy, and may not extend beyond the property line;
(4)
Signs may not be displayed in a residential zone or on a residential use; and
(5)
Signs must comply with any master sign plans in place for the subject property.
(K)
Public Interest Notices. Notices placed on bulletin boards or kiosks maintained by the State or other public entity for the purpose of displaying such notices.
(L)
Public Message Signs. Signs displaying noncommercial messages for public information, such as designation of restrooms, telephone locations, smoking rules, and door openings, may not exceed three square feet in area.
(M)
Real Estate Signs. Signs must comply with the following:
(1)
Signs must be displayed on private real property.
(2)
One sign may placed on the real property to which it pertains in residential zones; four signs may be placed on the real property to which they pertain in all other zones.
(3)
Signs cannot exceed six square feet in residential zones or 16 square feet for all other zones.
(4)
Signs must be removed within 15 days after the advertised property is sold, rented or leased.
(N)
Special Events for Charitable and Other Noncommercial Groups and Establishments. Moving and portable signs held by humans for the special events of charitable, nonprofit, and noncommercial organizations must comply with the following:
(O)
Temporary Freestanding Signs. Temporary freestanding signs as regulated by this chapter.
(P)
Temporary Real Estate Directional Signs. Signs that identify and provide directional information to any residential property that is offered for sale, or for rent for the first time must comply with the following:
(1)
Signs must be located only along the most direct single route to the residential property along arterial streets.
(2)
Not more than one sign is permitted at each intersection.
(3)
Signs must be removed when the subject property is sold or, for temporary signs, when the event ends.
(4)
Signs cannot exceed nine square feet in area.
(5)
Signs cannot exceed five feet in height.
(6)
Signs cannot be displayed on public property.
(7)
Temporary real estate directional signs allowed under this section are in addition to those specifically allowed by State law.
(Q)
Temporary Window Signs. Up to 20% of the total first floor frontage glass area or 25% of the window area on the second floor of a main building may be covered with temporary window signs made of paper, cloth, plastic, cardboard, or similar temporary materials. Any temporary window sign must be either attached to the interior of the window, or of weatherproof paint affixed to the exterior of the window, or both. Sign copy must be changed, at a minimum, every 60 days to avoid becoming permanent. Window signs that do not change copy are permanent and allowable only with a permit. Signs may not obscure views into the business by law enforcement personnel. A larger portion of the total first floor frontage glass area beyond 20% may be allowed by permit.
(S)
Umbrellas. Establishments serving food for consumption on private property may display commercial or noncommercial messages on outdoor table umbrellas.
(T)
Warning Signs. Signs displaying messages warning of danger are allowable if they do not exceed three square feet in area.
(U)
Vending Machine Signs. Permanent signs painted on or attached to vending machines, gas pumps, ice containers or similar dispensing devices must be oriented primarily to pedestrians on the property and not toward the street. The sign message or copy must relate to the items vended by such machine. Vending machine signs may not display offsite commercial messages.
(Ord. 2097 § 3, 2013)
§ 21.24.240 Sign Permits.
Unless otherwise provided, sign permits are required for the following:
(A)
For placing, erecting, moving, reconstructing, altering, or displaying of any sign or advertising display in the City.
(B)
Structural, design, color, or illumination alterations to existing signs.
(C)
Sign permits are not required for minor maintenance or minor repairs to existing legally erected signs; however, some repairs may still require building or electrical permits.
(Ord. 2097 § 3, 2013)
§ 21.24.250 Fees.
(A)
Except as otherwise provided by Federal, State, or local laws, or other City Council authorized restrictions, all fees applicable to this chapter will be established by City Council resolution.
(B)
Charges will be imposed for City services provided to a permittee. Such charges will be determined by the applicable servicing City department(s) and will be based on the actual cost incurred by the City in providing such services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and attorneys fees. Additional charges may be imposed to cover the cost of extraordinary permit investigation and staff costs, if the City Planner determines it necessary.
(C)
Fee Waivers. Upon an applicant's request, the City Planner may, but is not required to, seek a fee waiver from the City Council for a permit. Fees may only be waived for the following applicants:
(Ord. 2097 § 3, 2013)
§ 21.24.260 Additional Permit Requirements.
(A)
Uniform Code Permits. If required by the uniform codes adopted by this code, for example, the building, electrical or plumbing codes, persons seeking to erect, attach, or install signs, must obtain a building permit, or other similar permit, before erecting, attaching, or installing such signs.
(B)
Encroachment Permit. If a sign requires an encroachment permit under this chapter, then the terms and conditions of the encroachment permit may be incorporated into the sign permit.
(Ord. 2097 § 3, 2013)
§ 21.24.270 Single Permit for Multiple, Related Signs.
Where multiple copies of the same temporary sign will be simultaneously displayed, or when a series of temporary signs will change copy relating to the same subject matter, the City Planner may issue one permit for the entire set of temporary signs.
(Ord. 2097 § 3, 2013)
§ 21.24.280 Subsequent Permits.
When an applicant seeks a sign permit for an illegal sign, the fee for such a sign permit will be doubled to cover the City's additional administrative expenses.
(Ord. 2097 § 3, 2013)
§ 21.24.290 Application for Permit-Form and Content.
Permit applications must be filed with the Community Development Department, in a form prescribed by the City Planner and containing all of the following information:
(A)
The name, mailing address, and daytime and evening telephone numbers of the person filing the application;
(B)
The name, mailing address, and daytime and evening telephone numbers of the property owner upon which the sign will be located;
(C)
The written consent of the legal owner for the property on which the sign will be located and all lessees or persons having possession of the property;
(D)
Three copies of a sign plan that includes the following information:
(1)
A drawing of appropriate scale showing the entire property upon which the proposed sign would be displayed. The drawing must show property lines, abutting streets, and the location and dimensions of existing and proposed buildings and signs;
(2)
An illustration of appropriate scale showing the proposed sign including its dimensions, area, materials, colors, and types of illumination;
(3)
Structural and electrical details; and
(4)
The address of the property upon which the sign will be displayed.
(E)
With respect to any proposed sign that constitutes an "advertising display" as defined by Business and Professions Code Section 5202, and is intended to be placed or maintained within 660 feet from the edge of the right-of-way of any interstate or primary highway and the copy of which is visible from such interstate or primary highway, the applicant must submit reasonable evidence demonstrating compliance with or exemption from the regulations of the Outdoor Advertising Act (Business and Professions Code Sections 5200 et seq.).
(Ord. 2097 § 3, 2013)
§ 21.24.300 Supplemental Information Required by the Director.
In addition to the information required in this chapter, applications for all permits authorizing a sign will include such supplemental information which the City Planner may find reasonably necessary, given the type of sign, in order to determine whether to approve or deny a permit authorizing such sign in the manner provided by this chapter. Such additional information may not include the sign copy or content, but must only be related to non-communicative aspects of the proposed sign.
(Ord. 2097 § 3, 2013)
§ 21.24.310 Action on Permit Application-Time for Review.
The City Planner must determine whether or not an application is complete within 30 days after the application is submitted. If deemed incomplete, the City Planner must provide written notice of incompleteness to the applicant and identify what is required to make the application complete. An applicant must make corrections to the application within 30 days after receiving notice to avoid paying a new application fee. If the City Planner fails to provide a notice of incompleteness within 30 days, then the application is deemed complete on the date of application.
(Ord. 2097 § 3, 2013)
§ 21.24.320 Action on Permit Application-Permit Issuance.
§ 21.24.330 Action on Permit Application-Permit Denial.
A permit may be denied for the following reasons:
(A)
The application is incomplete.
(B)
The applicant failed to provide reasonable supplemental application information requested by the City Planner.
(C)
The proposed sign does not conform with this code including, without limitation, provisions of the uniform codes adopted by reference.
(D)
The applicant failed to obtain such additional permits as may be required by this code.
(E)
Information submitted by the applicant is materially false.
(F)
The applicant installed a sign in violation of this chapter and, at the time the permit application is submitted, such illegal sign was not rendered legal, removed, or listed in the application.
(G)
There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) at the time of the application.
(I)
The applicant has not obtained any applicable use permit.
(Ord. 2097 § 3, 2013)
§ 21.24.340 Alternative Place or Manner.
If the City Planner denies a permit for a sign that would be acceptable by changing the sign's place or manner, then the City Planner will inform the applicant of such alternatives. Should the applicant accept the alternative place or manner, then the City Planner will issue a permit in accordance with this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.350 Criteria for Permit Consideration.
The City Planner's determination whether or not to issue a permit and, if issued, what conditions are placed in a permit, must be guided solely by the standards and criteria set forth in this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.360 General Permit Conditions-Indemnification Agreement.
In addition to all other conditions, permittees must enter into a hold harmless agreement with the City which will, in part, indemnify the City, its officers, employees, and agents from any liability arising from permittee's sign in a form approved by the City Attorney's Office.
(Ord. 2097 § 3, 2013)
§ 21.24.370 Time Limit.
Signs authorized by a permit issued pursuant to this chapter must be erected within one year after the City issues a permit, otherwise such approval is null and void.
(Ord. 2097 § 3, 2013)
§ 21.24.380 Display of Sign Permit Number Required.
The sign permit number must be affixed to each approved sign so that the approval of the sign can be verified by field inspection. The permit number must be easily readable from ground level but does not have to be part of the sign face.
(Ord. 2097 § 3, 2013)
§ 21.24.390 Subsequent Conditions.
(A)
Grounds for Subsequent Conditions. The City Planner may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable.
(B)
Notice of Subsequent Conditions. Should subsequent conditions be required, the City Planner will serve written notice on the permittee of this decision.
(C)
Except where otherwise provided, a permittee may seek review of imposition of subsequent conditions to the City Manager as provided in this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.400 Permit Revocation.
(A)
The City Planner will revoke a sign permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable.
(B)
The City Planner may revoke a sign permit when the permittee or sign violates the permit's terms and conditions; provided, however, that the City Planner will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time.
(Ord. 2097 § 3, 2013)
§ 21.24.410 Right of Administrative Review.
Except as otherwise provided, an applicant may request administrative review of the City Planner's decision pursuant to this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.420 Time for Administrative Review.
(A)
Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the City Planner's decision is served on the applicant/permittee.
(B)
If request is untimely, the City Planner may, nevertheless, extend the time for commencing such review for good cause shown.
(Ord. 2097 § 3, 2013)
§ 21.24.430 Commencement of Administrative Review.
A request for administrative review will be on a form provided by the City Planner and contain the following information:
(A)
The name, address and telephone number of the person making the request;
(B)
A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued;
(C)
A brief description of all grounds for making the request; and
(D)
Such other information as may be required by the City Planner.
(Ord. 2097 § 3, 2013)
§ 21.24.440 Administrative Review.
(A)
Upon request for administrative review being filed, the City Planner will provide a copy of the notice to the City Manager within two business days.
(B)
Upon receiving a request for review from the City Planner, the City Manager will review the request and, within 10 days of receiving the request notice, provide the appellant with a written notification that:
(C)
The City Manager may, but is not required to, conduct a hearing at a time and place determined at the City Manager's sole discretion.
(D)
In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the City Planner's decision.
(Ord. 2097 § 3, 2013)
§ 21.24.460 Expedited Review.
Pursuant to California Code of Civil Procedure Section 1094.8(c), and any successor statute or regulations, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in California Code of Civil Procedures Section 1094.8, or any successor statute or regulation.
(Ord. 2097 § 3, 2013)
§ 21.24.470 Calculation of Sign Area and Height.
Sign area is calculated as follows and depicted in Figure 21.24(B):
(A)
Single-Faced Signs.
(1)
For signs having a distinct border or boundary, sign area is calculated by multiplying the length times the width or the entire surface contained within the border, boundary, sign board, or sign face.
(2)
For signs without distinct border or boundary, sign area is calculated by computing the area of a simple geometric figure consisting of not more than eight perpendicular lines which contains all of the writing, representation, emblem, or other display of the sign.
(B)
Double-Faced Signs. For signs with two identical faces, arranged back to back in parallel planes, and where the sign faces are separated by no more than 24 inches, the sign area must be calculated for one side only.
(C)
Multi-Faced Sign. For a sign with more than one face, where such sign does not meet the standard of a double-face sign described in this section, the area must be calculated by adding together the area of all sign faces visible from any one point.
(D)
Measurement of Sign Height. Sign height is determined by measuring the distance from the base of the sign or sign pole at grade to the top of the highest attached component of the sign. Grade must be construed to be the lower of either:
(Ord. 2097 § 3, 2013)
§ 21.24.480 Design Criteria.
(A)
Architectural Context. Sign design must be compatible with the architectural design and details of the building the sign or signs serve, with other signs in the building, and with the business or activity that the sign or signs identify.
(B)
Design Elements. The following elements must be considered in sign design:
(1)
Materials. Creativity in the use of materials is encouraged. Durable materials which are compatible in appearance to the building identified by the sign must be used.
(2)
Colors. Sign colors must complement the building served, adjacent landscaping and buildings, and signs of adjacent businesses.
(3)
Size. Sign size and height must be in scale with the building served and with surrounding buildings. Size and height must also be appropriate to the distance from which the sign is normally viewed.
(4)
Letter Style. Simple lettering styles must be used. Legibility must take priority over complexity in the design of the sign face.
(5)
Placement. Monument and building-mounted signs are encouraged unless visibility, safety concerns, or site identification considerations dictate the use of a freestanding sign.
(6)
Illumination. Illuminated signs must meet the standards specified in this chapter and the performance standards set forth in this code.
(Ord. 2097 § 3, 2013)
§ 21.24.490 Temporary Signs-General Requirements.
(A)
Except for non-commercial signs, and when otherwise allowed by this chapter, temporary signs may be displayed only upon private property for which the legal owner gave written consent to the display. Noncommercial temporary signs may be displayed with the legal owner's oral consent unless denied or revoked in writing by the owner.
(B)
Persons placing temporary signs on display may not remove, damage, or block the view of any other signs, whether competing or not, and whether temporary or permanent which were placed on display at an earlier time.
(C)
Temporary signs must be constructed and mounted in a manner so that they do not rip, shred, tear or blow away when exposed to normal weather conditions.
(D)
Temporary signs may be displayed on City-owned property only in accordance with City Council resolution.
(Ord. 2097 § 3, 2013)
§ 21.24.500 Temporary Freestanding Signs-Where Permitted.
Temporary freestanding signs are exempt signs and permitted in all zones subject to the regulations in this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.510 Temporary Freestanding Signs-Number and Time Limits.
(A)
Residential Zones. Two temporary freestanding signs per lot are permitted at all times. In addition, one temporary freestanding campaign sign is allowed for each political candidate or issue on each street frontage per lot. All campaign signs must be removed within seven days after the election for which they are intended. Such signs are in addition to all other signage allowed in this chapter.
(B)
Commercial, Office Professional and Open Space Zones. Two temporary freestanding noncommercial signs per lot are permitted at all times. In addition, one temporary freestanding campaign sign is allowed for each political candidate or issue on each street frontage per lot. All campaign signs must be removed within seven days after the election for which they are intended. Such signs are in addition to all other signage allowed in this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.520 Temporary Freestanding Signs-Height, Area, Location, and Illumination.
(A)
Area. Each temporary freestanding sign in a residential zone may not exceed six square feet in sign area. Temporary freestanding noncommercial signs in all other zones may not exceed 12 square feet in sign area.
(B)
Height. The maximum height is four feet.
(C)
Location. Signs may be placed in the front yard or side yard of any property, provided that the signs do not encroach into any public right-of-way.
(D)
Lighting. Signs may not be illuminated.
(Ord. 2097 § 3, 2013)
§ 21.24.530 Temporary Signs-Special Events.
(A)
A business may obtain a temporary sign permit for special events, such as promotional events, grand opening, indoor arts & crafts shows, etc. Such a permit will allow the permittee to erect temporary signs, including inflatable objects. A maximum of five signs are allowed per special event. Permits for temporary signs related to a special event may be granted for not more than 60 days in any one calendar year. The total area of signage may not exceed the amount of wall signage that could be permitted for such a business.
(B)
For temporary signs displayed before obtaining a temporary sign permit, the number of display days is calculated from the date on which the earliest displayed sign first went on display.
(Ord. 2097 § 3, 2013)
§ 21.24.540 Temporary Signs-Limited Special Event Parking Lot Sales.
A business may obtain a temporary sign permit for special event parking lot sales such as outdoor promotional events, carnivals, etc. Commercially zoned properties conducting limited special event parking lot sales, as provided by this code, may display not more than five temporary signs, each with a maximum area not exceeding 12 square feet. The temporary signs allowed under this section may not be displayed for more than four consecutive days.
(Ord. 2097 § 3, 2013)
§ 21.24.550 Temporary Signs-Lot and Sidewalk Sales.
Commercial establishments conducting lot and sidewalk commercial activities, as provided by this code, may display not more than two temporary signs. Signs may not exceed 12 square feet.
(Ord. 2097 § 3, 2013)
§ 21.24.560 Temporary Signs-Removal Requirements.
All temporary signs must be removed within two business days after the use concludes or when the permit expires, whichever is first in time.
(Ord. 2097 § 3, 2013)
§ 21.24.570 Planning Commission Approval Required.
All requests for new signage require review and approval of the Planning Commission pursuant to Chapter 21.36, Design Review.
(Ord. 2097 § 3, 2013; Ord. 2181 § 3, 2020)
§ 21.24.580 Master Sign Plan-When Required.
(A)
Any new commercial or mixed-use project with three units or more and any existing commercial or mixed-use project with three or more units involving exterior remodeling must receive Planning Commission approval of an integrated master sign plan before the City issues a sign permit.
(B)
The City Planner may determine that a master sign plan is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes) or when unique, creatively designed signs are being proposed and certain aspects of the sign's design (e.g., animation) might not otherwise be allowed.
(Ord. 2097 § 3, 2013; Ord. 2181 § 3, 2020)
§ 21.24.590 Permit Required.
(A)
As a part of any required conditional use permit or other discretionary permit process involving three or more separate nonresidential tenant spaces, a master sign plan must be submitted.
(B)
The master sign plan must show the size, location, number, and design of all proposed signs, but need not show actual sign copy.
(C)
A master sign plan does not exempt signs in the project from building permits.
(D)
All signs subsequently erected on a property for which a master sign plan was approved must conform to that master sign plan.
(Ord. 2097 § 3, 2013)
§ 21.24.600 Findings.
To approve a master sign plan, the Planning Commission must find as follows:
(A)
The master sign plan complies with the purpose of this chapter, including the sign design guidelines;
(B)
Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development;
(C)
The master sign plan contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and
(D)
The master sign plan complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the master sign plan will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this chapter.
(Ord. 2097 § 3, 2013; Ord. 2181 § 3, 2020)
§ 21.24.610 Revisions to Master Sign Plan.
Revisions to master sign plans may be approved by the City Planner if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval require the Planning Commission approval.
(Ord. 2097 § 3, 2013)
§ 21.24.620 Transferability of Signage Rights.
(A)
Wall Signs and Projecting Signs for a Single Establishment. Signs for one establishment may not be transferred from one establishment to another even if both are located on the same property or share contiguous street frontages or adjacent areas within a building. Any single establishment may increase the otherwise allowable display area of any one permanent sign by up to 10% by transferring the same amount of display area from another sign which the establishment is allowed to display. This does not, however, allow the sign area on any one wall to exceed the per wall area limits set forth in this chapter.
(B)
Freestanding Signs. By private agreement between establishments, continuous street frontages may be combined to qualify for a freestanding sign, the display face of which may be shared by establishments contributing to the qualifying frontage.
(C)
Unusual Signs. Unless specifically prohibited, signs that are single, double, multi-faced, curved cylindrical, spherical, triangular or oddly shaped, may be permitted, provided they satisfy all other provisions of this code.
(Ord. 2097 § 3, 2013)
§ 21.24.630 General Prohibitions.
(A)
Unless expressly allowed by this section, signs with commercial copy are prohibited in residential zones. Onsite commercial nonconforming signs may remain on display until the business ceases operation.
(B)
Unless expressly allowed by this section, illuminated signs are prohibited. Temporary noncommercial signs may be displayed in residential neighborhoods during the time period between November 15th and January 5th. Such displays may be illuminated and do not require a permit.
(Ord. 2097 § 3, 2013)
§ 21.24.640 Commercial Signs-C-B (Central Business) Zone.
Signage within the C-B Zone must promote the General Plan's visions for downtown Monterey Park and build upon the existing strengths and unique character of the area.
(A)
Signage shall be pedestrian-oriented. See Figure 21.24(L).
(B)
Signage must be clear and distinctive, and uniformly and consistently applied. See Figure 21.24(L).
(C)
Signage may operate on two levels: identification of individual businesses and/or identification of a building.
(D)
Table 21.24(A) lists the standards for signs within the C-B Zone.
Figure 21.24(L) Pedestrian-Oriented Signage  |
(Ord. 2097 § 3, 2013)
§ 21.24.650 Commercial Signs-R-S, C-S, N-S, S-C, C-P, O-P Zones.
See Chapter 21.10 for a description of the commercial zones. Signage in the commercial zones must comply with the standards set forth in Table 21.24(A).
Table 21.24(A) Sign Standards in Commercial Zones | ||
|---|---|---|
SIGNAGE | ZONE | |
C-B | R-S, C-S, N-S, S-C, C-P, O-P | |
Primary Wall Sign | ||
Number | 1 | |
Area | 1 sq. ft. per lineal foot of building or business frontage | |
Text and logo height | 12-18 in. | |
Materials | ○ Internally illuminated channel letters with opaque metal sides and a matte translucent plexiglass face. See Figure 21.24(C) ○ Three-dimensional, individual internally illuminated and backlit (halo) metal letters, also known as reverse channel letters. See Figure 21.24(D) ○ Open-face channel, also known as exposed neon. See Figure 21.24(E) ○ Sculpted. See Figure 21.24(F) ○ Non-illuminated materials—wood, metal, tile | |
Prohibited | ○ Foam | |
○ Canister signs prohibited | ○ Canister signs – face changes permitted. No structural alterations allowed | |
○ Electronic message board subject to a conditional use permit | Prohibited | |
Height | ||
<30,000 sq. ft. | ○ First story signage 15 ft. above sidewalk elevation; one freeway oriented 2nd story sign allowed (within 100 ft. of the freeway right-of-way), not to exceed roof line or parapet wall to which it is attached. ○ In no event can the height of any wall sign exceed the height of the building roof or building parapet wall to which it is attached. ○ Upper story signage prohibited. | |
>30,000 sq. ft. | ○ First story signage 30 ft. above sidewalk elevation. ○ Restaurants >10,000 sq. ft., retail establishments >8,000 sq. ft., and motion picture theaters with 4 or more screens permitted upper story signage. ○ In no event can the height of any wall sign exceed the height of the building roof or building parapet wall to which it is attached. | |
Projection | Max. 12 in. beyond building face | |
Secondary Wall Sign | ||
Number | 1 | |
Area | 50% of 1 sq. ft. per lineal foot of building or business frontage | |
Text and logo height | 12-18 in. | |
Materials | ○ Internally illuminated channels with opaque metal sides and a matte translucent plexiglass face. See Figure 21.24(C) ○ Three-dimensional, individual internally illuminated and backlit (halo) metal letters, also known as reverse channel letters. See Figure 21.24(D) ○ Open-face channel, also known as exposed neon. See Figure 21.24(E) ○ Sculpted. See Figure 21.24(F) ○ Non-illuminated materials—wood, metal, tile | |
Prohibited | ○ Foam | |
○ Canister signs prohibited. | ○ Canister signs – face changes permitted. No structural alterations allowed. | |
Height | ○ First story signage 15 ft. above sidewalk elevation. ○ In no event can the height of any wall sign exceed the height of the building roof or building parapet wall to which it is attached. ○ Upper story signage prohibited. | |
Projection | Max. 12 in. beyond building face | |
Projecting Blade Sign (See Figure 21.22(K)) | ||
Number | 1 per business | |
Area | 15 sq. ft. | |
Distance between signs | 15 ft. | |
Projection | Max. 20 in. beyond building face | |
Placement | Maintain a minimum clearance of 8 ft. above sidewalk | |
Materials | Materials specified in the Building Code | |
Freestanding Sign (Pole signs are prohibited) | ||
Number | ||
Street frontage <600 ft. | Prohibited | 1 |
Street frontage >600 ft. | Prohibited | 2 |
Height | Prohibited | 20 ft. |
Area | Prohibited | 120 sq. ft. per side |
Projection | Prohibited | ○ No freestanding sign can project beyond the property lines. ○ No freestanding sign can project over a parking lot or a driveway with less than 14 ft. of ground clearance or into a pedestrian walkway with less than 8 ft. of ground clearance. |
Location | Prohibited | ○ No freestanding sign can be placed within 10 ft. of a common lot line. |
○ Minimum separation between freestanding signs is 25 ft. | ||
Materials | Prohibited | ○ Printed letters and graphics on anodized aluminum background and supports ○ Opaque channel letters and graphics on opaque background using plastic, smooth fiberglass, acrylic, prefinished aluminum or color plastic laminates ○ Internally illuminated channel letters and graphics on stucco, tile, brick, wood, stone or masonry background ○ Cast metal letters and graphics on wood, anodized aluminum, plastic laminate, prefinished metal, stucco, tile, brick, stone or masonry background ○ Engraved wood letters and graphics on wood frames and supports ○ Carved wood form letters and graphics on stucco, tile stone, masonry or wood background ○ Internally illuminated molded fiberglass letters and graphics on aluminum housing ○ Etched and painted filled letters and graphics on polished stone ○ Any non-internally illuminated sign may be illuminated with a backlit system or a ground flush-mounted spotlight system |
Monument Sign (combination of freestanding and monument signs permitted, not to exceed maximums) | ||
Number | ||
Street frontage <600 ft. | 1 | |
Street frontage >600 ft. | 2 | |
Height | 7 ft. | |
Area | 56 sq. ft. per side | |
Materials | ○ Printed letters and graphics on anodized aluminum background and supports ○ Opaque channel letters and graphics on opaque background using plastic, smooth fiberglass, acrylic, prefinished aluminum or color plastic laminates ○ Internally illuminated channel letters and graphics on stucco, tile, brick, wood, stone or masonry background ○ Cast metal letters and graphics on wood, anodized aluminum, plastic laminate, prefinished metal, stucco, tile, brick, stone or masonry background ○ Engraved redwood letters and graphics on redwood frames and supports ○ Carved redwood form letters and graphics on stucco, tile stone, masonry or wood background ○ Internally illuminated molded fiberglass letters and graphics on aluminum housing ○ Etched and painted filled letters and graphics on polished stone ○ Non-blinking neon letters and graphics on redwood, stucco, masonry, polished stone, anodized aluminum plastic laminate, tile, brick ○ Any non-internally illuminated sign may be illuminated with a backlit system or a ground flushmounted spotlight system | |
○ Neon around windows and buildings are considered architectural changes to the building and may require review and approval of the Planning Commission | Prohibited | |
Figure 21.24(C) Example: Standard Channel Letters  |
Figure 21.24(D) Example: Reverse Channel Letters  |
Figure 21.24(E) Example: Open-Face Channel Letters  |
Figure 21.24(F) Example: Sculpted Cabinet  |
Figure 21.24(G) Example: Awning Sign Measurements  |
Figure 21.24(H) Example: Under Canopy Sign  |
Figure 21.24(I) Example: Monument Sign  |
Figure 21.24(J) Example: Monument Sign  |
Figure 21.24(K) Example: Projecting Blade Sign  |
(Ord. 2097 § 3, 2013; Ord. 2148 § 2, 2018; Ord. 2181 § 3, 2020)
§ 21.24.655 Residential Signs-All Residential Zones.
See Chapter 21.08 for a description of the residential zones. Signage in the residential zones must comply with the standards set forth in Table 21.24(B).
Table 21.24(B) Sign Standards in Residential Zones | |||
|---|---|---|---|
SIGNAGE | ZONE | ||
Multi-Family Development or Assembly Hall | |||
Wall Sign | |||
Number | 1 | ||
Area | 75% per lineal feet of building frontage | ||
Text and Logo Height | 12-18 in. | ||
Height | ○ | First story signage cannot exceed 15 feet | |
○ | In no event can the height of any wall sign exceed the building roof or parapet wall to which it is attached | ||
Materials | ○ | Non-illuminated channel letters with opaque metal sides and a matte translucent plexiglass face. See Figure 21.24(C) | |
○ | Three-diInternally illuminated channel letters when frontage faces a principal or minor arterial street onlymensional, individual internally illuminated and backlit (halo) metal letters, also known as reverse channel letters. See Figure 21.24(D). Multi-family residential and assembly hall that face a principal or minor arterial street only | ||
○ | Open-face channel, also known as exposed neon. See Figure 21.24(E) | ||
○ | Sculpted. See Figure 21.24(F) | ||
○ | Non-illuminated materials – wood, metal, tile | ||
○ | Prohibited materials: foam, canister signs, and electronic message boards | ||
Monument Sign | R-1 | R-2, R-3 | |
Number and Area | |||
Street frontage > 75 ft. | Prohibited | Prohibited | |
Street frontage 75—84 ft. | 1 25 sq. ft. per side | 1 30 sq. ft. per side | |
Street frontage 85—99 ft. | 1 25 sq. ft. per side | 1 35 sq. ft. per side | |
R-1 | R-2, R-3 | ||
Street frontage > 100 ft. | 1 25 sq. ft. per side | 1 40 sq. ft. per side | |
Street frontage > 200 ft. | 1 25 sq. ft. per side | 1 60 sq. ft. per side | |
Height | 5 ft. | 7 ft. | |
Materials | ○ | Printed letters and graphics on anodized aluminum background and supports | |
○ | Opaque channel letters and graphics on opaque background using plastic, smooth fiberglass, acrylic, prefinished aluminum or color plastic laminates | ||
○ | Internally illuminated channel letters and graphics on stucco, tile, brick, wood, stone or masonry background when frontage faces a principal or minor arterial street only | ||
○ | Cast metal letters and graphics on wood, anodized aluminum, plastic laminate, prefinished metal, stucco, tile, brick, stone or masonry background | ||
○ | Engraved redwood letters and graphics on redwood frames and supports | ||
○ | Carved redwood form letters and graphics on stucco, tile stone, masonry or wood background | ||
○ | Internally illuminated molded fiberglass letters and graphics on aluminum housing when frontage faces a principal or minor arterial street only | ||
○ | Etched and painted filled letters and graphics on polished stone | ||
○ | Non-blinking neon letters and graphics on redwood, stucco, masonry, polished stone, anodized aluminum plastic laminate, tile, brick | ||
○ | Any non-internally illuminated sign may be illuminated with a backlit system or a ground flush-mounted spotlight system | ||
Landscape and irrigation must be provided around the base of the monument sign | |||
(Ord. 2148 § 2, 2018)
§ 21.24.660 Highrise Building Identification Sign.
Highrise building identification signs may be attached to the exterior walls of buildings of three or more stories in height subject to the following:
(A)
Area. The total area of such signs cannot exceed an area of one square foot per linear foot of building or structural wall to which the sign is attached. This sign area will be counted toward a total of sign area. Area cannot be accumulated from one side for application to another side of a building or structure.
(B)
Height. Such a sign cannot be lower than the height of the third story level and cannot exceed the height of the building parapet or structural wall to which it is attached.
(C)
Projections. No sign may project more than 12 inches from the wall elevation.
(Ord. 2097 § 3, 2013)
§ 21.24.670 Major Site Identification Sign.
A freestanding major site identification sign for large scale sites of more than two acres may be permitted subject to the following:
(A)
Number. One such sign is permitted per property.
(B)
Area. Total sign area cannot exceed 200 square feet.
(C)
Height. Such signs cannot exceed a height of 30 feet from the natural grade adjacent to the base of a sign to the highest point of the sign.
(Ord. 2097 § 3, 2013)
§ 21.24.680 Costume Figures/Novelty Characters.
Costumed figures/novelty characters are permitted outdoors two time periods per calendar year. Figures/novelty characters are authorized for not more than five consecutive days per time period at any business location in a commercial zone. A temporary permit application must be filed and accompanied by a fee. Temporary costumed figures/novelty characters are prohibited in the public street and cannot impede pedestrian or vehicle traffic.
(Ord. 2097 § 3, 2013)
§ 21.24.690 Conditionally Permitted Signs.
The following freeway signs may be conditionally permitted in commercial and mixed-use zones pursuant to Chapter 21.14 on lots lower in elevation than the freeway roadside, and located within 500 feet from the edge of the outermost freeway traffic lane.
(A)
Not more than one additional freestanding or directory sign up to 50 feet in height and 300 square feet in area may be permitted.
(B)
Not more than one animated sign, which is counted toward wall sign allowance may be permitted.
(C)
Freeway signs are prohibited within 100 feet from any residentially zoned property.
(Ord. 2097 § 3, 2013)
§ 21.24.700 Abatement Requirements.
Notwithstanding any other provisions of this chapter, all signs legally and lawfully existing before the effective date of this chapter that do not comply with its provisions are nonconforming. All nonconforming signs must be removed or modified to comply with the provisions of this chapter in accordance with the procedures established herein.
(Ord. 2097 § 3, 2013)
§ 21.24.710 Continuation and Maintenance.
(A)
A nonconforming sign may only be displayed and maintained as set forth in this chapter.
(B)
Nonconforming signs must be maintained and repaired as set forth in this chapter.
(C)
All signs legally in use as of the effective date of the ordinance codified in this chapter may continue to be used unless any of the following events occur:
(1)
The sign is changed or altered in any way beyond maintenance and repair, other than change of copy.
(2)
Any sign whose use has ceased due to the sale or closure of the business which the sign represents. Also where the owner ceases to do business in that structure, or where that structure has been abandoned for a period of not less than 90 days. Costs incurred in removing an abandoned sign may be charged to the owner in accordance with this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.720 Restrictions on Existing Signs.
Any nonconforming sign may be continued in operation and maintained after the effective date of the ordinance codified in this chapter; however, nonconforming signs must not be:
(A)
Replaced with another nonconforming sign;
(B)
Moved to another location on the property or to another property;
(C)
Structurally altered as to extend the useful life of the sign;
(D)
Expanded or enlarged; or
(E)
Re-established after damage or destruction of more than 50% of the sign value, as determined by the City Planner at the time of such damage or destruction, unless required by law or unless such move, alteration, enlargement, or re-establishment will result in the elimination of the nonconformity.
(Ord. 2097 § 3, 2013)
§ 21.24.730 Abatement Schedule.
All nonconforming signs must be discontinued, removed from their sites, or altered to conform to the requirements of this chapter within the time schedules specified in Table 21.24(B).
Table 21.24(B) | |
|---|---|
Type of Nonconforming Sign | Abatement Schedule |
Animated, Illuminated, or Moving Signs | Within 1 year of the date that the sign becomes nonconforming |
Wall Signs | Within 2 years of the date that the sign becomes nonconforming |
All Other Nonconforming Signs | Within 5 years of the date that the sign becomes nonconforming |
(Ord. 2097 § 3, 2013)
§ 21.24.740 Noncompliance Unlawful.
If at the expiration of the time specified for removal or modification, such removal or modification has not been completed, such sign is declared to be a public nuisance. Abatement, or other enforcement action, may proceed using the procedures set forth in this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.750 Compliance Required for Building Permit Issuance.
No building permit may be issued with respect to any property for a use conforming to the provisions of this code until any nonconforming sign or any sign illegally maintained on the property is removed or modified to comply with the provisions of this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.760 Inventory.
All existing illegal on-premises signs and abandoned signs must be inventoried and identified as required by Business and Professions Code Section 5491.1.
(Ord. 2097 § 3, 2013)
§ 21.24.770 Unsafe Signs.
Unsafe signs may be removed by the City without prior notice. Alternatively, the City Planner may issue a notice of violation and give the permittee, property owner or person in possession and control of the property 15 days to cure the violation. In the case of an unsafe sign removed by the City, the costs of such removal and storage are borne by the permittee, property owner, or person in possession and control of the property, as applicable, and may be collected by the City in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the City may be released until the costs of removal and storage are paid. If an unsafe sign remains unclaimed for a period of 30 days after notice of removal is sent to the permittee, property owner, or person in possession and control of the property, it is deemed to be unclaimed personal property and disposed of in accordance with the law.
(Ord. 2097 § 3, 2013)
§ 21.24.780 Illegal Signs.
Any illegal sign must be removed or brought into conformity by the permittee, property owner, or person in possession and control of the property following written notice from the City Planner. Such notice must specify the nature of the violation, order the cessation thereof and require either the removal of the sign or performance of remedial work in the time and manner specified by the notice. Except as otherwise provided, the time for removal or repair may not be less than 15 days from the date of mailing the notice. The City Planner's order may be appealed to the Planning Commission in the manner provided by Chapter 1.10. Should the order be appealed to the Planning Commission, which, following a hearing, upholds the City Planner's order, the City need not follow the abatement procedures set forth in Section 21.24.810 to abate the sign.
(Ord. 2097 § 3, 2013; Ord. 2132 § 1, 2016)
§ 21.24.790 Removal and Disposal of Illegal Signs.
In the case of an illegal sign removed by the City, the costs of such removal and storage are borne by the permittee, property owner, or person in possession and control of the property, as applicable, and may be collected by the City in the same manner as it collects any other debt or obligation. No illegal sign that has been removed and stored by the City may be released until the costs of removal and storage are paid. If an illegal sign remains unclaimed for a period of 30 days after notice of removal is sent to the permittee, property owner, or person in possession and control of the property, it is deemed to be unclaimed personal property and disposed of in accordance with the law.
(Ord. 2097 § 3, 2013)
§ 21.24.800 Legal Nonconforming Signs-Special Circumstances.
The City cannot require any legal nonconforming sign to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the business premises and at a location necessary for continued public visibility at the height or size at which the sign was previously erected pursuant to all applicable codes, regulations and permits. Such signs are deemed to be in conformance with this chapter.
(Ord. 2097 § 3, 2013)
§ 21.24.810 Abatement of Signs.
Whenever the permittee, property owner, or person in possession or control of the property fails to comply with a City Planner's order requiring compliance with this chapter, the City may abate any such sign in the following manner:
(A)
Declaration of Nuisance. The City Council may declare, by resolution, as public nuisances and abate any and all illegal signs within its jurisdiction. The resolution must describe the property upon which or in front of which the nuisance exists by stating the lot and block number according to the County Assessor's map and street address, if known. Any number of parcels of private property may be included in one resolution.
(B)
Notice of Hearing. Before the City Council adopts the resolution, the City Clerk must mail not less than 10 days' written notice to all persons owning the property described in the proposed resolution as determined by the last equalized assessment roll available on the date the notice is prepared. In addition, the notice must be sent to all known persons, if any, in possession or control of such property if their names are different from those appearing on the assessment roll, and to the permittee, if any. The notice must state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegal sign.
(C)
Posting of Notice.
(1)
After a resolution is adopted, the enforcement officer must cause notices to be conspicuously posted on or in front of the property on or in front of which the illegal sign exists.
(2)
Notice must be substantially in the following form:
NOTICE TO REMOVE ILLEGAL SIGN |
Take Notice that on the _____ day of __________, 20_____, the Monterey Park City Council adopted a resolution declaring that an illegal sign is located on or in front of this property which constitutes a public nuisance. The sign must be abated by being removed. Failure to remove the sign will result in the City taking action to remove it. The cost of such removal will be assessed upon the property from or in front of which the sign is removed and will constitute a lien upon the property until paid. Refer to the resolution for further particulars. A copy of this resolution is on file in the office of the City Clerk. All property owners having any objection to the proposed removal of the sign are notified to attend a meeting of the City Council of the City of Monterey Park to be held on __________ at _____ a.m./p.m. at (__________location__________), when their objections will be heard and given due consideration. |
Dated this _____ day of _______________, 20_____. |
_________________________ City Clerk City of Monterey Park |
(3)
This notice must be posted at least 10 days before the time for hearing objections by the City Council.
(D)
Written Notice of Proposed Abatement.
(1)
In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council must direct the City Clerk to mail written notice of the proposed abatement to all persons owning the property described in the resolution. The City Clerk must cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the City Council adopted its resolution.
(2)
The City Clerk must confirm with the County Assessor the names and addresses of all the persons owning the property described in the resolution. The address of a property owner shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. If the County poses any charges upon the City for the actual costs of furnishing the list, the City will reimburse the County and such costs are a part of the cost of abatement assessed against the property owner.
(E)
Hearing—Continuances—Objections—Finality of Decision—Order to Abate.
(1)
At the time stated in the notices, the City Council will hear and consider all objections to the proposed removal of the sign. It may continue the hearing if needed. By motion or resolution at the conclusion of the hearing, the City Council will allow or overrule any objections. At that time, if the abatement order is upheld, the City acquires jurisdiction to proceed and perform the work of removal.
(2)
The City Council's decision is final. If objections are not been made, or after the City Council has disposed of those made, the City Council will order the enforcement officer to abate the nuisance by having the sign removed. The order must be made by motion or resolution.
(F)
Entry Upon Private Property. The enforcement officer or city contractor may enter private property to abate the nuisance.
(G)
Removal by Owner—Special Assessment and Lien for Costs. Before the enforcement officer takes action, the property owner or person in possession or control of the property may remove the illegal sign at the owner's own cost and expense. Notwithstanding such action, in any matter in which an order to abate was issued, the City Council may, by motion or resolution, further order that a special assessment and lien be limited to the costs incurred by the City in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, legal and other related costs.
(H)
Cost of Abatement—Itemization.
(1)
The enforcement officer will keep an account of the cost of abatement of an illegal sign. Such officer must submit to the City Council, for confirmation, an itemized written report showing that cost.
(2)
A copy of the report must be posted at least three days before being submitted to the City Council, on or near the City Council chambers door, with notice of the time of submission.
(3)
At the time fixed for receiving and considering the report, the City Council will hear it with any objections of the property owners liable to be assessed for the abatement. The City Council may modify the report if it is deemed necessary. The City Council may then confirm the report by motion or resolution.
(I)
Abatement by Contract. The nuisance may, in the sole discretion of the City Council, be abated by performance on a contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract must keep an itemized account and submit such itemized written report for each separate parcel of property required by this section.
(J)
Special Assessment and Lien.
(1)
The cost incurred by the City in enforcing abatement upon the parcel or parcels, including investigation, boundary determination, measurement, clerical, legal or other related costs, are a special assessment against that parcel. After the assessment is made and conformed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the Los Angeles County Recorder. In the event any real property to which a lien would attach was transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide encumbrancer for value was created and attaches thereon, before the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this section will not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property will be transferred to the unsecured roll for collection.
(2)
Upon confirmation of the report, a copy must be given to the County Assessor and Tax Collector, who will add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.
(3)
The City must file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year. The description of the parcels reported must be those used for the same parcels on the Los Angeles County Assessor's map books for the current year.
(4)
The City may request the County Auditor to enter each assessment on the county tax roll opposite the parcel of land.
(5)
The City will further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. Any delinquencies in the amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes.
(6)
The City acknowledges that the County Tax Collector may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. It is further acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of county taxes apply to these special assessments.
(K)
Issuance of Receipts for Abatement Costs. The enforcement officer may receive the amount due on the abatements costs and issue receipts at any time after the confirmation of the report and until 10 days before a copy is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report.
(L)
Refund of Assessments. The City Council may order a refund of all or part of an assessment pursuant to this section if it finds that all or part of the assessment was erroneously levied. An assessment, or part thereof, will not be refunded unless a claim is filed with the City Clerk on or before November 1st after the assessment has become due and payable. The claim must be verified by the person who paid the assessment or by the person's guardian, conservator, executor or administrator.
(Ord. 2097 § 3, 2013)