88 - SIGNS15
Editor's note—Ord. No. 246, § 2, adopted June 25, 2014, repealed the former Ch. 8.88, §§ 8.88.010—8.88.380, and enacted a new Ch. 8.88 as set out herein. The former Ch. 8.88 pertained to signs and outdoor advertising and derived from prior code §§ 8-3000—8-3003, 8-3011—8-3013, 8-3015—8-3022, 8-3031—8-3039, 8-3041—8-3042, 8-3051—8-3059, 8-3071—8-3073.
The purpose of this chapter is to create and enforce a comprehensive system for the reasonable regulation of signs within the town of Moraga. The town intends to balance many competing interests, including, but not limited to:
1.
Provide a reasonable system for the regulation of signs;
2.
Encourage signs which are well designed and pleasing in appearance, and provide incentive and latitude for variety, good design relationship and spacing;
3.
Encourage a desirable semi-rural character with a minimum of overhead clutter;
4.
Enhance the economic value of a community by regulating the size, location, design and illumination of signs;
5.
Attract and direct persons to various activities and enterprises in order to provide for the maximum public convenience and commercial visibility;
6.
Encourage signs which are compatible with adjacent land uses;
7.
Reduce traffic and safety hazards through proper location and design of signs; and
8.
Regulate signs in a constitutional manner, which is content-neutral as to non-commercial signs.
"Animated sign." Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create a special effect or scene.
"Awning sign." A sign printed, painted or permanently affixed to a canopy or awning. The sign cannot protrude or project from the canopy or awning.
"Banner." Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges.
"Billboard." A permanent sign structure in a fixed location which meets any one or more of the following criteria:
1.
It is used for the display of off-site commercial messages.
2.
It is used for general advertising.
3.
The message display area, or any part thereof, is made available to message sponsors other than the owner(s) or operator(s) of the sign.
4.
The sign is a principal or secondary use of the land, rather than appurtenant or accessory to some other principal use of the land.
"Cabinet sign." A backlit sign contained within a box, frame or similar enclosure, typically with a plastic or plexiglass face.
"Commercial sign." A sign that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.
"Community message board sign." A permanent freestanding sign identifying the jurisdiction or community and may include changeable, pre-printed letters or be an electronic message sign. A community message board sign shall include non-commercial local, jurisdiction specific or community information and may include public health and safety warnings.
"Community/assembly use." Convalescent facility; cemetery; club or lodge; congregate care—general; cultural institution; day care—general; hospital; religious assembly; private school; or subdivision community identification.
"Construction sign." A sign identifying the architect, engineer, contractor or lender directly connected with a construction, repair or renovation which is in progress and/or identifying the project of which construction, repair or renovation is in progress.
"Election Period." The period of time, beginning eighty-eight (88) days before a special, general, or primary election, in which at least some registered voters in the town are eligible to vote, and ending five days after such election.
"Electronic message sign." A changeable message sign consisting of a matrix of lamps, light emitting diodes (LEDs), or similar devices which are computer-controlled. An electronic message sign may include an animated sign or flashing sign if approved by the town council.
"External illumination." A light source external or peripheral to the sign and directed towards the face of the sign.
"Flag." Any fabric, banner, or bunting containing distinctive colors, patterns, or design, used as a symbol.
"Flashing sign." An illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination, including a searchlight.
"Freestanding sign." A sign which is self-supporting in a fixed location and not attached to a building. It includes a sign connected or attached to a sign structure, fence, pole, wall, tree or other vegetation and which is not an integral part of a building.
"Frontage." The length of a property line which is also the right-of-way of a public street or other public open place.
"Incidental sign." A small sign less than one square foot pertaining to goods, products, services or facilities that are available on the premises where the sign occurs and intended primarily for the convenience of the public.
"Informational sign." A sign for the direction or convenience of the public, such as to identify restrooms, location of public telephones, hours of operations or whether the premises is open or closed.
"Internal illumination." A light source emanating from a sign and directed outward from the sign. This includes all 'halo' type lighting.
"Legal nonconforming sign." A sign which complied with all applicable laws, rules and policies at the time of installation, and which has not been expanded beyond the originally applicable rules, but which does not conform to current applicable law and rules.
"Logo." A trademarked company name, symbol, color, or font.
"Master sign program." A coordinated sign plan which includes details of all signs which are or will be placed on a site, including master identification, portable signs, individual business and directory signs and must be approved in accordance with this chapter.
"Marquee sign." A permanent sign designed for a theater, cinema, auditorium or performance space, mounted on an architectural projection over a public entrance with changeable letters and lights, or other attention-getting features.
"Monument sign." A permanent freestanding sign advertising a business, product or service offered.
"Multitenant site." A building or parcel having three or more nonresidential tenants.
"Non-commercial sign." A sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.
"Off-premises sign." An outdoor sign advertising a business, product, event, or service not offered on the premises where the sign is located.
"Open house sign." A temporary portable sign providing direction to residential real property during the period the property is on public display for purposes of sale or lease.
"Permanent sign." A sign intended or constructed to be used for a period of ninety (90) calendar days or more.
"Portable sign." A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs with wheels, A-frames, H-frames, menu and sandwich board signs.
"Premises." Land and/or building, or portion of building, considered as a place of business or residence.
"Projecting sign." A sign which is either suspended from an overhang, canopy, or awning, or is suspended from a mounting attached directly to the building wall, and hangs perpendicular to the building wall (also known as a blade sign or shingle sign), and is intended to be pedestrian oriented.
"Real estate sign." Any temporary sign pertaining to the sale, exchange, lease or rental of buildings or real property.
"Roof sign." A sign installed on a roof or projecting above the eave of a building.
"Sign." Any identification, description, illustration, or device, illuminated or non-illuminated, which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify, or convey information.
"Sign area." Sign area shall be computed by measuring the simplest geometric shape(s) that will encompass the extreme limits of the sign. Negative space that is bounded by sign elements must be counted as sign area." Sign area is cumulative for each face of a multisided sign.
"Sign height." The maximum height of the sign or supporting structure above natural grade.
"Temporary sign." A sign with commercial or noncommercial text which is intended to be displayed for a limited time. Temporary signs shall include banners or light, rigid material which is not affixed in a permanent manner to the ground or to any structure. Awning signs shall not be considered temporary signs.
"Time/temperature sign." An electronic or mechanical device which shows time and/or temperature, but contains no business identification or advertising. The surface area of the time/temperature display shall be included in the total aggregate sign area of the business.
"Town property." Any parcel of land that is owned or controlled by the town of Moraga, or any of its related entities, or that is within the public right-of-way.
"Wall sign." A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported by. An overhang, attached framework, or other substantial architectural appurtenance may be considered an extension of the building wall.
"Wayfinding sign." A sign of no more than six square feet that directs the public to businesses and facilities on a parcel.
"Window sign." A sign attached to, suspended or placed within five feet behind, placed or painted upon, the window or glass door of a building which is intended for viewing from the exterior of such building.
A.
Permit Required. All signs shall conform to the standards set forth in this chapter and unless exempted from the permit requirement under Section 8.88.040 or Section 8.88.050 shall be installed or displayed only pursuant to a sign permit and any other applicable permits and approvals.
B.
Maintenance. All signs and their immediate surroundings shall be maintained by the owner and/or occupant of the premises in a secure, safe, clean and sanitary condition and free and clean of all rubbish and weeds.
C.
Discretionary Approvals. Whenever a sign or a proposed sign is subject to any discretionary review, permit, or approval, such discretion may be exercised only as to the compatibility of the sign with its location, and other structural, architectural and location factors. Discretion may not be exercised as to the artistic merit of the proposed sign or the message itself so long as such message is not excluded from First Amendment (U.S. Constitution) protection under relevant court decisions.
D.
Message Neutrality. It is the town's policy and intent to regulate signs in a manner consistent with the U.S. and California Constitutions, which is content neutral as to non-commercial speech and does not favor commercial speech over non-commercial speech.
E.
Message Substitution. Subject to the property owner's consent, a non-commercial message of any category or content may be substituted, in whole or in part, for any allowed commercial message or any non-commercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. Message substitution is a continuing right which may be exercised any number of times. This provision does not:
1.
Create a right to increase the total amount of sign area on a site.
2.
Create a right to substitute an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message.
3.
Affect the requirement that a sign structure or mounting device must be properly permitted.
4.
Authorize changing the physical method of image presentation (such as digital or neon) display without a permit.
F.
Billboard Policy. New billboards, as defined herein, are prohibited. It is a fundamental land use policy of the town to completely prohibit the construction, erection or use of any and all billboards, other than those which legally exist in the town, or for which a valid permit has been issued and has not expired, as of the date on which this chapter, or when a prior version of this chapter containing a provision to the same effect, was adopted. In adopting this chapter, the town council affirmatively declares that it would have adopted this policy even if it were the only provision in this chapter. The town council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This prohibition does not apply to agreements to relocate presently existing legal billboards as encouraged by state law including, but not limited to, Business and Professional Code Section 5412, as that section may be amended from time to time.
A.
In this Section 8.88.040, the town council acts in its proprietary capacity as to town property within the town. Private parties may post signs on public property only in accordance with this section or another authorization of the town council. As to town property, this Section 8.88.040 shall control in the event of a conflict.
B.
The town declares its intent that all town property in the town shall not function as a designated public forum for sign display, unless some specific portion of public property is designated herein as a public forum of one particular type in which case the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period.
C.
The following signs are exempt from the requirement for a permit in Section 8.88.040(D):
1.
Government Signs. Traffic control and traffic directional signs erected by the town or another governmental entity, official notices required or authorized by law and signs placed in furtherance of its governmental functions.
2.
Legal Nonconforming Signs. Permanent signs which were erected in the past on public property in conformance with all applicable laws, rules and regulations then in effect may remain in that same location so long as they have not been and are not expanded or moved, and are properly repaired and maintained.
3.
Signs in Traditional Public Forum Areas. This section applies only when town regulations concerning special public events, parades and demonstrations do not. In areas qualifying as traditional public forums, private persons may display non-commercial message signs thereon without first obtaining a permit, provided that the signs conform to all of the following:
i.
The signs must be personally held by a person or personally attended by one or more persons.
ii.
The signs may be displayed only during the time period of sunrise to 10:00 p.m.
iii.
The maximum aggregate size of all signs held by a single person is twelve (12) square feet.
iv.
The maximum size of any one sign which is personally attended by two or more persons acting in concert is twenty-four (24) square feet.
v.
The sign(s) shall have no more than two display faces and may not be inflatable or air-activated or produce noise, smoke or fumes.
vi.
In order to serve the town's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Persons holding signs may not block the view within the visibility triangle.
4.
Real Estate Signs. Signs allowed that comply with Section 8.88.050(K).
D.
Signs that are not exempt under Section 8.88.040(C) may be allowed with approval of the town council or its designee or under Section 8.88.040(E). Sign types that would require approval by the design review board under Section 8.88.060 shall be referred to the design review board for comment and recommendation to town council.
E.
The town shall prepare and make available to members of the public an application for a permit, which shall, when fully approved, constitute a permit and town's consent, in its proprietary capacity, for placement of a sign on public property. Only temporary freestanding signs, temporary wall or banner signs, and temporary traffic signs may be approved under this Section 8.88.040(E). Signs shall comply with Sections 8.88.100, except for standards restricting the placement of signs on public property and in the public right-of-way, and shall be processed under Section 8.88.060. The applicant for the permit must be the same person or entity who is to be the owner of the sign and who shall be responsible for its removal when required. The application form shall require the applicant to state that he or she shall abide by the town's policies, as well as any special terms or conditions which may be stated on the permit, and to abide by any new or different conditions which may be imposed on all permittees who are similarly situated. Signs placed within the public right-of-way may also require an encroachment permit from the public works department.
The following signs may be displayed on private property without a sign permit, subject to all laws, rules and regulations, such as compliance with all safety codes:
A.
Address. Street address numbers, as required by the building code or local fire protection district.
B.
Construction Sign. Construction sign with a maximum total size not exceeding twenty-four (24) square feet per individual frontage for commercial districts and twelve (12) square feet per frontage for residential districts.
1.
No freestanding construction sign shall exceed five feet in height.
2.
Construction signs shall be removed within thirty (30) working days following issuance of a certificate of occupancy for the project under construction.
C.
Decorations. Seasonal and holiday decorations, not advertising a product or sale, on display for a period of sixty (60) consecutive days. A decoration that includes advertising is a regulated sign under this chapter.
D.
Flag. United States, State of California, local government flags or flag without commercial messages or logos not to exceed twenty (20) square feet each with a maximum of four flags per frontage.
E.
Informational Signs. A permanent non-illuminated informational sign, not over four square feet in sign area. One single non-flashing illuminated informational sign which may be internally illuminated or illuminated with visible bulbs such as neon, without movement and under two square feet in area, is allowed per premise.
F.
Lottery Sign. Sign for the California State Lottery, approved by the Lottery Commission for display by lottery game retailers.
G.
Memorial or Historical Tablet or Marker. Names of building, date of erection, commemorative tablet and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent-type material and made an integral part of the structure. Such a sign may not exceed four square feet in area and may not be illuminated.
H.
Nameplate. Nameplate indicating the name and profession of the occupant of the building and/or the address.
I.
Personal Property Sales Sign. Sign indicating the sale of personal property, such as a garage sale sign, not exceeding six square feet and erected on private property for no more than three consecutive days, no more than four times a year.
J.
Public Notice. Notice posted by a utility or other quasi-public agency in the performance of a public duty or by any person giving due legal notice.
K.
Real Estate Sign.
1.
A temporary on-site real estate sign not exceeding six square feet per face and twelve (12) square feet in total in residential zoning districts, or sixteen (16) square feet in all other zoning districts that advertises the sale, lease or rental of a structure or land.
i.
Any monument sign shall not exceed six feet in height.
ii.
The sign shall be removed within thirty (30) days following the sale (close of escrow), lease or rental of the property.
2.
Off-site open house signs not exceeding four square feet in area and three feet in height, and an on-site real estate company open house sign, are allowed only during the days and hours that the property is open for inspection.
i.
For each property advertised, there may be only one temporary off-site directional real estate sign per intersection and no sign may be located further from the property than the closest main thoroughfare intersection. Main thoroughfares are: St. Mary's Road, Canyon Road, Moraga Way, Moraga Road, Rheem Boulevard, Camino Pablo, and Bollinger Canyon Road.
ii.
No temporary off-site directional real estate sign shall be located on a wall or fence in the public right-of-way, on a utility pole, or on a public street, median strip, traffic island or private property without permission of the owner.
iii.
Signs shall be placed no more than three hours before the posted open house start time, and collected within three hours of the posted closing.
L.
Service Station Sign. Gasoline service station fuel pump identification and/or price sign located on the pump top or pump face.
M.
State Inspection Sign. One official state inspection sign constructed of a permanent material for each type of inspection service offered on site, located flat against the wall of a building and not exceeding four square feet in area.
N.
Temporary Freestanding Signs, Non-commercial. Signs that comply with Section 8.88.100.
O.
Temporary Banner or Wall Sign, Non-commercial. Signs within the College Zoning District that comply with Section 8.88.100.
P.
Temporary Window Signs. Sign that comply with Section 8.88.100.
Q.
Vehicle or Trailer Sign. An identification sign painted on or affixed to a vehicle or trailer if all of the following apply:
1.
The sign is incidental to the primary use of the vehicle or trailer;
2.
The vehicle or trailer is used as a vehicle in the ordinary course of business; and
3.
The vehicle or trailer is legally parked within a single, delineated parking space.
A sign permit shall be required to place or maintain a sign, or modify an existing sign, unless the sign is listed in Section 8.88.050, or is otherwise exempt, which sign permit shall be processed as follows:
A.
Zoning Administrator. A sign permit for the following types of signs on private property shall be reviewed and issued upon approval by the Zoning Administrator:
1.
Temporary freestanding commercial, wall or banner, and traffic signs;
2.
Permanent window signs (nonilluminated);
3.
Wall signs twenty-five (25) total square feet or less; and
4.
All signs conforming to an approved master sign program.
B.
Design Review Administrator. A sign permit for the following types of signs on private property, except such signs conforming to an approved master sign program, shall be reviewed and issued upon approval by the design review administrator:
1.
Wall signs of more than twenty-five (25) but less than fifty (50) square feet in area that comply with the standards set forth in Section 8.88.090(B)(1);
2.
Multi-story commercial building signs that comply with the standards set forth in Section 8.88.090(B)(2);
3.
Projecting signs that comply with the standards set forth in Section 8.88.090(B)(6);
4.
Awning signs that comply with the standards set forth in Section 8.88.090(B)(5);
5.
Portable signs that comply with the standards set forth in Section 8.88.090(B)(8); and
6.
Externally illuminated signs.
C.
Design Review Board. A sign permit for the following types of signs and programs on private property shall be reviewed and issued upon approval by the design review board:
1.
Monument signs, except such signs conforming to an approved master sign program;
2.
Wall signs of greater than fifty (50) square feet in area, except such signs conforming to an approved master sign program;
3.
Marquee signs, that comply with the standards set forth in Section 8.88.090(B)(3), except such signs conforming to an approved master sign program;
4.
Community message board signs;
5.
Internally illuminated signs, except signs conforming to an approved master sign program;
6.
Off-premises signs, which are only allowed in nonresidential districts if necessary to provide visibility of the business(es) from the nearest arterial or commercial collector street;
7.
Initial review of, or subsequent amendments to, a master sign program pursuant to Section 8.88.070; and
8.
Freestanding banner locations.
D.
Town Council:
1.
A sign permit for an electronic message sign structure on private property shall be reviewed and issued upon approval of the town council;
2.
Signs installed on town property shall be reviewed per Section 8.88.040(D); and
3.
Appeals per the procedures set forth in Sections 8.12.150 to 8.12.260.
E.
Findings. Before approving a sign permit, the reviewing body must find that the following conditions are met:
1.
The sign complies with the requirements of this chapter and the Town of Moraga design guidelines;
2.
The sign has the same character and quality of design as the exterior architecture of the property and area where it is located; and
3.
The location of the sign will not impair the use of the property or conflict with the visibility, location or arrangement of existing adjacent signs.
F.
Scope of Review. Whenever a sign or lighting is reviewed by the design review administrator or the design review board, the site context, including all existing signage and lighting at the premises may be considered in its review of the application. This does not mean the reviewing body may condition, or direct the removal, of a legal nonconforming sign or lighting.
G.
Appeal. A person may appeal a decision made under this chapter. The procedures set forth in Sections 8.12.150 to 8.12.260 shall govern such an appeal.
(Ord. No. 246, § 2, 6-25-2014; Ord. No. 291, § 3, 7-8-2020)
A.
Requirement. A master sign program shall be required for a new multi-tenant site before any permanent sign is placed. For existing multi-tenant sites, a master sign program for monument and marquee signs shall be required prior to approval of a monument sign or marquee sign, except for sign applications submitted prior to the effective date of the ordinance.
1.
Master sign programs shall include:
i.
Location, sign type and maximum sign area for each tenant space;
ii.
Calculation of aggregate maximum sign area per building and frontage;
iii.
Proposed lighting and sign illumination; and
iv.
Allowed locations for temporary freestanding signs.
2.
The owner of an existing development or a site shall submit a master sign program to be reviewed and approved by the design review board.
B.
Variations. A master sign program may include certain variations from the standards of this chapter as follows:
1.
The design review board may allow an increase in wall sign or marquee sign area for individual tenants provided that the overall allowable sign area for the building is not exceeded and no individual tenant's maximum sign area is reduced by twenty-five (25) percent or more.
2.
For a multiple building site, the design review board may allow sign area to be transferred from one building frontage to another if the transfer does not exceed fifty (50) percent of the area allowed for a particular frontage or tenant.
3.
The master sign program may allow more than one monument sign and each monument sign may exceed the maximum sign area prescribed by Section 8.88.090(B)(4) up to a maximum of 70 square feet per sign face, subject to design review board approval.
4.
The master sign program may allow for any number of wayfinding signs that identify the businesses and facilities on site. The design, location, number, and spacing of such signs are subject to design review board approval.
5.
The master sign program may allow for any number of decorative, commercial temporary freestanding signs (such as "A" or "H" frames, menu boards, and small temporary promotional signs) on premises. The design, size, location, number, and spacing of such signs are subject to design review board approval.
6.
The master sign program may include more restrictive requirements, including methods of measurement, than prescribed by this chapter. If the master sign program has more restrictive requirements than this chapter, the master sign program shall be controlling.
C.
Existing Signage. The standards of an approved master sign program shall not apply to existing and legal nonconforming signs. Approval of a master sign program shall not condition or require the removal of existing and legal nonconforming signs.
(Ord. No. 246, § 2, 6-25-2014; Ord. No. 291, § 3, 7-8-2020)
Unless otherwise provided in this chapter, the following types of signs and locations of signs are prohibited:
A.
A sign with lighting, colors, design or text that could be confused with a public traffic directional sign or control device.
B.
A sign that violates state law, including without limitation a sign that includes obscene matter in violation of California Penal Code Section 311 et seq.
C.
A sign made of materials which are impermanent and will not stand exposure to weather, unless it is an allowable temporary sign.
D.
A roof sign.
E.
An animated sign or a flashing sign, except an electronic message sign.
F.
A sign with movement or apparent movement of the sign. This includes the use of a pennant, streamer, spinner, air blown or similar device or manual movement of the sign by hand.
G.
Outdoor advertising structure sign and/or sign located within a public right-of-way except when associated with a town-approved bus shelter or bench.
H.
A sign located in such a manner as to obstruct free and clear vision, or the view of any authorized traffic sign, signal or device.
I.
A sign producing noise, odor or fumes or smoke-making devices.
J.
Mobile billboards, including motorized vehicles which are used for the purpose of general advertising or advertising for hire, when parked on town-owned streets or the public right-of-way, or when traversing upon public streets over which the town has the legal right to control vehicle access.
Permanent signs shall be subject to the following requirements, in addition to any other requirements set forth in this chapter:
A.
General sign standards.
1.
Calculating maximum sign area. In determining compliance with maximum sign area, the following general regulations apply:
i.
Only one side of a building is used in calculating the primary building frontage. The zoning administrator may designate another side of a building or property as the frontage if it is determined that: (a) the primary access to the tenant spaces is from a side facing an interior side lot line; and (b) the interior lot line is longer than the front lot line.
ii.
Only the street frontage that is developed or approved for development is counted for purposes of determining the maximum allowable sign area. Vacant land reserved for future development is not counted.
iii.
No sign or sign area permitted on one frontage shall be transferred to another frontage except in accordance with a master sign plan prepared under Section 8.88.070.
2.
Aggregate Maximum Sign Area. The maximum aggregate sign area of all monument, wall, multi-story commercial building, window and awning signs shall be one hundred fifty (150) square feet per premise.
3.
Location. Signs shall be located on-site and only on the frontage of a premise. Signs may not be located on more than two frontages of any one premise.
4.
Height—Projections. No part of a sign may project above the roof line or ridge line of the building to which it is attached.
5.
Design. The design shall be architecturally compatible with the building or complex it is serving.
6.
Lighting.
i.
Light sources shall be shielded or screened from view.
ii.
Lighting shall be directed against the sign and not shine onto adjacent property.
iii.
Signs shall not have exposed neon or fluorescent tubes, LEDs or incandescent bulbs, except informational signs allowed under Section 8.88.050E.
iv.
Signs shall be illuminated only during the hours of operation of the associated business or facility.
B.
Specific sign standards. Unless otherwise provided in a master sign program, the following sign standards shall apply:
1.
Wall Signs.
i.
Sign Area. The maximum sign area for all wall signs is based on the zoning district in which the signs are located, as follows:
ii.
Location. The wall sign must be located below an eave or parapet, including the eave of a simulated mansard roof;
iii.
Height. The maximum wall sign height is twenty (20) feet above ground.
iv.
Projection. A wall sign may project a maximum of one (1) foot from the face of the building.
v.
Lighting. Wall signs with lighting shall use external or halo illumination.
2.
Multiple-Story Commercial Building Sign. The following standards shall apply:
i.
Sign Area. The maximum sign area for all multi-story commercial building signs is based on the zoning district in which the sign is located, as follows:
ii.
Number. A multi-story commercial building may have one (1) multi-story commercial building sign per building, or two (2) if the building is located on a corner lot, with one (1) such sign facing each street frontage.
iii.
Location. Multi-story commercial building signs shall be located below the top of the parapet of the building at a height and scale architecturally in harmony with the building.
iv.
Lighting. Multi-story commercial building signs with lighting shall use external or halo illumination.
v.
Design. Only individual letters or a logo may be used.
3.
Marquee Signs. The following standards shall apply:
i.
Sign Area. The maximum sign area for all marquee signs is based on the zoning district in which the sign is located, as follows:
ii.
Number. A theater, cinema or performance space may have one (1) marquee sign.
iii.
Location. The marquee sign must be located below the top of the parapet at a height and scale architecturally in harmony with the building and above a public entrance to the building or facility.
iv.
Lighting. Marquee signs with lighting shall use external illumination, halo illumination, or internally illuminated channel letters and cabinet signs.
v.
Design.
(1)
The marquee sign is to be mounted on an architectural projection or roof structure that is an integral part of the building façade.
(2)
The marquee signs shall include only the facility's name and changeable copy related to current and future attractions.
(a)
The facility name portion of the marquee sign shall not exceed fifty (50) percent of the total sign area.
(b)
The changeable copy portions of the marquee sign shall not exceed eighty (80) percent of the total sign area.
4.
Monument Signs. The following standards shall apply:
i.
Sign Area. The maximum sign area for all monument signs is based on the zoning district in which the sign is located, as follows:
ii.
Number. A shopping complex, development or building under single ownership may have one (1) monument sign.
iii.
Location. A monument sign may be placed on or off-premises and must be located:
(1)
At least one hundred (100) feet from another monument sign;
(2)
More than one-half (½) its height from an interior property line; and
(3)
In a landscaped area.
iv.
Height. The maximum monument sign height is ten (10) feet above pre-development grade in a nonresidential zoning district and six (6) feet above pre-development grade in a residential zoning district.
v.
Projection. The monument sign shall be located, in its entirety on private property and outside the public right-of-way.
vi.
Lighting. Monument signs with lighting shall use external or halo illumination.
vii.
Design. The following design requirements apply:
(1)
A maximum of two (2) surfaces may be used;
(2)
The support structure or base of sign must be at least fifty (50) percent the width of the sign; and
(3)
The support structure or base and face made of natural materials, including wood, stone, and ceramic tile, and/or materials that have the appearance of natural materials.
5.
Awning Signs. The following standards shall apply:
i.
Sign Area. Awning signs may cover a maximum of thirty (30) percent of the exterior surface of the awning.
ii.
Location. Awning signs are permitted as follows:
(1)
Commercial Signs. Commercial awning signs are permitted in commercial zoning districts (including community commercial, limited commercial, Rheem Park mixed residential-commercial, Rheem Park mixed office-residential, and college) subject to the requirements of this section. No commercial awning sign is permitted in a residential or open space zoning district, except for an exempt sign under Section 8.88.050.
(2)
Noncommercial Signs. A noncommercial awning sign is permitted in all zoning districts if it complies with the standards of this section.
iii.
Height. An awning sign must be located below an apparent eave or parapet, including the eave of a simulated mansard roof, and at least eight (8) feet above the surface over which it projects.
iv.
Lighting. Awning signs with lighting shall use external illumination.
v.
Design. A maximum of two (2) identical awning signs may be located on the same frontage.
6.
Projecting signs. The following standards shall apply:
i.
Sign Area. The sign area of a projecting sign must be five (5) square feet or less.
ii.
Number. One (1) projecting sign is allowed per business.
iii.
Location. Projecting signs are permitted as follows:
(1)
Commercial Signs. Commercial projecting signs are permitted in commercial zoning districts (including community commercial, limited commercial, Rheem Park mixed residential-commercial, Rheem Park mixed office-residential, and college) subject to the requirements of this section. No commercial projecting sign is permitted in a residential or open space zoning district, except for an exempt sign under Section 8.88.050.
(2)
Noncommercial Signs. A noncommercial projecting sign is permitted in all zoning districts if it complies with the standards of this section.
iv.
Height. A projecting sign must be located below an apparent eave or parapet, including the eave of a simulated mansard roof, and at least seven feet four inches above the surface over which it projects.
v.
Lighting. Projecting signs with lighting shall use external illumination.
vi.
Projection. The projecting sign may project a maximum of six feet from the side of the building.
7.
Window Signs. The following standards shall apply:
i.
Sign Area. Window signs may cover a maximum of twenty (20) percent of the window area.
ii.
Number. No more than one window sign per fifteen (15) linear feet of primary building façade is allowed per tenant.
iii.
Location. Window signs are permitted as follows:
(1)
Commercial Signs. Commercial window signs are permitted in commercial zoning districts (including community commercial, limited commercial, Rheem Park mixed residential-commercial, Rheem Park mixed office-residential, and college) subject to the requirements of this section. No commercial window sign is permitted in a residential or open space zoning district, except for an exempt sign under Section 8.88.050.
(2)
Noncommercial Signs. A noncommercial window sign is permitted in all zoning districts if it complies with the standards of this section.
iv.
Lighting. Window signs with lighting shall use external illumination, halo illumination, or internally illuminated channel letters and cabinet signs.
(1)
One illuminated window sign is allowed per building frontage, including illuminated informational signs in Section 8.88.050.
v.
Design. A maximum of two identical window signs may be located on the same frontage.
8.
Portable Signs. The following standards shall apply:
i.
Sign area. The sign area of a portable sign must be six square feet or less per face, with a maximum of twelve (12) square feet.
ii.
Number. One on-site portable sign is permitted per business establishment.
iii.
Location. Portable signs are permitted as follows:
(1)
Commercial signs. Commercial portable signs are permitted in commercial zoning districts (including community commercial, limited commercial, suburban office and college) subject to the requirements of this section. No commercial portable sign is permitted in a residential or open space zoning district, except for an exempt sign under Section 8.88.050.
(2)
Noncommercial signs. A noncommercial portable sign is permitted in all zoning districts if it complies with the standards of this section.
iv.
Height. The portable sign height shall be a maximum of four feet.
v.
Lighting. Portable signs shall not be lighted.
vi.
Design. A portable sign must be made of durable materials.
vii.
Placement and Removal. A portable sign shall not be permanently attached to the ground or other permanent structure, shall be located on-site, shall be erected and removed on the same calendar day, and may be displayed only during the hours of operation of the associated business or organization.
(1)
Portable signs shall be placed a minimum of twenty (20) feet from the curb of a scenic corridor roadway. Scenic corridor roadways are: St. Mary's Road, Canyon Road, Moraga Way, Moraga Road, Rheem Boulevard, Camino Pablo, Bollinger Canyon Road, and Donald Drive (along the ridgeline of Mulholland Hill).
(Ord. No. 246, § 2, 6-25-2014; Ord. No. 291, § 3, 7-8-2020; Ord. No. 307, § 6(Exh. B, 9), 2-22-2023)
A.
General sign standards.
1.
Location. Temporary signs are permitted as follows:
i.
Commercial Signs. Temporary commercial signs are permitted in commercial zoning districts (including community commercial, limited commercial, Rheem Park mixed residential-commercial, Rheem Park mixed office-residential, and college) subject to the requirements of this section. No temporary commercial sign is permitted in a residential or open space zoning district, except for an exempt sign under Section 8.88.050.
ii.
Noncommercial Signs. A temporary noncommercial sign is permitted in all zoning districts if it complies with the standards of this section.
2.
Lighting. Temporary signs shall not be lighted.
B.
Specific sign standards.
1.
Temporary freestanding sign.
i.
Sign area; aggregate area; distance. Following are the maximum sign area, the aggregate area permitted, and the allowable distance between signs, for temporary freestanding signs:
Table 2: Temporary Freestanding Sign Standards
ii.
Location.
(1)
A temporary freestanding sign shall not be attached to a utility or light pole, wall, fence, tree or other vegetation.
(2)
A temporary freestanding sign shall not be placed at a location which obstructs or poses the threat of obstructing vehicular or pedestrian travel. The sign may not be located within areas regulated to preserve sight distance.
(3)
A temporary freestanding sign may only be placed on private property with owner's consent and shall not be allowed in or over the public right-of-way (including public streets, alleys, sidewalks and unpaved areas) except for open house signs and real estate signs, not requiring a permit, per Section 8.88.050.
iii.
Placement and removal.
(1)
Commercial signs. A temporary commercial freestanding sign may be permitted for up to a thirty (30) day period, with at least thirty (30) days between placements.
(2)
Noncommercial signs. Temporary freestanding noncommercial signs may be placed on a property for no more than sixty-five (65) days at a time, four times each calendar year, with at least thirty (30) days between placements. The name of the person or organization responsible for the sign and the date the sign was installed must be printed on the temporary commercial freestanding sign.
2.
Temporary Wall and Banner Signs. The following standards shall apply:
i.
Sign area. The maximum temporary wall or banner sign area is thirty (30) square feet, with a maximum width of two-thirds of the width of the storefront.
ii.
Number. A maximum of two temporary wall or banner signs may be displayed at any one time.
iii.
Location. The temporary wall or banner sign must be securely attached to a building wall, fascia, accessory structure or window.
(1)
A banner may be placed on freestanding posts or stand at approved locations.
(a)
The design review board shall approve a permit for freestanding banner locations.
(b)
The zoning administrator shall approve a permit for freestanding banner locations that have been previously approved by town council for community events.
iv.
Purpose. A temporary wall or banner sign may only be approved if the sign is necessary to:
(1)
Advertise a special event, promotion, sale, or other temporary activity;
(2)
Maintain identity while a sign permit application is pending and until a permanent sign is erected; or
(3)
Advertise a temporary use permitted by a temporary use permit.
v.
Placement and removal. A temporary wall or banner sign may be permitted for up to a thirty (30) day period, or multiple dates, not totaling more than thirty (30) days within a calendar year.
3.
Temporary Window Signs. The following standards shall apply:
i.
Sign area.
(1)
Temporary window signs may cover no more than twenty (20) percent of the total window area for each building frontage (glass doors are not included in the calculation of total window area).
(2)
The aggregate of temporary windows signs cover a maximum of fifty (50) percent of a window area.
ii.
Placement and removal. Temporary window signs may be placed in a window for no more than sixty-five (65) days at a time, four times each calendar year, with at least thirty (30) days between placements.
4.
Temporary Traffic Signs. A temporary sign permit may be issued by the design review administrator or public works director, in consultation with the police department, for electronic message signs for the direction of traffic if required by the town as part of a special event or construction traffic management plan or needed for other traffic management needs.
(Ord. No. 246, § 2, 6-25-2014; Ord. No. 307, § 6(Exh. B, 9), 2-22-2023)
Permanent signs which were erected in the past in conformance with all applicable laws, rules and regulations then in effect may remain in that same location so long as they have not been and are not expanded or moved, and are properly repaired and maintained.
A sign advertising an activity, business, service or product shall be removed thirty (30) days after such activity, business, service or product is complete or is no longer in operation.
Each violation of a provision of this chapter is declared to be a nuisance per se, each day of violation is a separate offense, and a violation is subject to abatement by any means available at law.
If any section, subsection, clause, phrase or portion of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, it shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining provisions of this chapter.
88 - SIGNS15
Editor's note—Ord. No. 246, § 2, adopted June 25, 2014, repealed the former Ch. 8.88, §§ 8.88.010—8.88.380, and enacted a new Ch. 8.88 as set out herein. The former Ch. 8.88 pertained to signs and outdoor advertising and derived from prior code §§ 8-3000—8-3003, 8-3011—8-3013, 8-3015—8-3022, 8-3031—8-3039, 8-3041—8-3042, 8-3051—8-3059, 8-3071—8-3073.
The purpose of this chapter is to create and enforce a comprehensive system for the reasonable regulation of signs within the town of Moraga. The town intends to balance many competing interests, including, but not limited to:
1.
Provide a reasonable system for the regulation of signs;
2.
Encourage signs which are well designed and pleasing in appearance, and provide incentive and latitude for variety, good design relationship and spacing;
3.
Encourage a desirable semi-rural character with a minimum of overhead clutter;
4.
Enhance the economic value of a community by regulating the size, location, design and illumination of signs;
5.
Attract and direct persons to various activities and enterprises in order to provide for the maximum public convenience and commercial visibility;
6.
Encourage signs which are compatible with adjacent land uses;
7.
Reduce traffic and safety hazards through proper location and design of signs; and
8.
Regulate signs in a constitutional manner, which is content-neutral as to non-commercial signs.
"Animated sign." Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create a special effect or scene.
"Awning sign." A sign printed, painted or permanently affixed to a canopy or awning. The sign cannot protrude or project from the canopy or awning.
"Banner." Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges.
"Billboard." A permanent sign structure in a fixed location which meets any one or more of the following criteria:
1.
It is used for the display of off-site commercial messages.
2.
It is used for general advertising.
3.
The message display area, or any part thereof, is made available to message sponsors other than the owner(s) or operator(s) of the sign.
4.
The sign is a principal or secondary use of the land, rather than appurtenant or accessory to some other principal use of the land.
"Cabinet sign." A backlit sign contained within a box, frame or similar enclosure, typically with a plastic or plexiglass face.
"Commercial sign." A sign that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.
"Community message board sign." A permanent freestanding sign identifying the jurisdiction or community and may include changeable, pre-printed letters or be an electronic message sign. A community message board sign shall include non-commercial local, jurisdiction specific or community information and may include public health and safety warnings.
"Community/assembly use." Convalescent facility; cemetery; club or lodge; congregate care—general; cultural institution; day care—general; hospital; religious assembly; private school; or subdivision community identification.
"Construction sign." A sign identifying the architect, engineer, contractor or lender directly connected with a construction, repair or renovation which is in progress and/or identifying the project of which construction, repair or renovation is in progress.
"Election Period." The period of time, beginning eighty-eight (88) days before a special, general, or primary election, in which at least some registered voters in the town are eligible to vote, and ending five days after such election.
"Electronic message sign." A changeable message sign consisting of a matrix of lamps, light emitting diodes (LEDs), or similar devices which are computer-controlled. An electronic message sign may include an animated sign or flashing sign if approved by the town council.
"External illumination." A light source external or peripheral to the sign and directed towards the face of the sign.
"Flag." Any fabric, banner, or bunting containing distinctive colors, patterns, or design, used as a symbol.
"Flashing sign." An illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination, including a searchlight.
"Freestanding sign." A sign which is self-supporting in a fixed location and not attached to a building. It includes a sign connected or attached to a sign structure, fence, pole, wall, tree or other vegetation and which is not an integral part of a building.
"Frontage." The length of a property line which is also the right-of-way of a public street or other public open place.
"Incidental sign." A small sign less than one square foot pertaining to goods, products, services or facilities that are available on the premises where the sign occurs and intended primarily for the convenience of the public.
"Informational sign." A sign for the direction or convenience of the public, such as to identify restrooms, location of public telephones, hours of operations or whether the premises is open or closed.
"Internal illumination." A light source emanating from a sign and directed outward from the sign. This includes all 'halo' type lighting.
"Legal nonconforming sign." A sign which complied with all applicable laws, rules and policies at the time of installation, and which has not been expanded beyond the originally applicable rules, but which does not conform to current applicable law and rules.
"Logo." A trademarked company name, symbol, color, or font.
"Master sign program." A coordinated sign plan which includes details of all signs which are or will be placed on a site, including master identification, portable signs, individual business and directory signs and must be approved in accordance with this chapter.
"Marquee sign." A permanent sign designed for a theater, cinema, auditorium or performance space, mounted on an architectural projection over a public entrance with changeable letters and lights, or other attention-getting features.
"Monument sign." A permanent freestanding sign advertising a business, product or service offered.
"Multitenant site." A building or parcel having three or more nonresidential tenants.
"Non-commercial sign." A sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.
"Off-premises sign." An outdoor sign advertising a business, product, event, or service not offered on the premises where the sign is located.
"Open house sign." A temporary portable sign providing direction to residential real property during the period the property is on public display for purposes of sale or lease.
"Permanent sign." A sign intended or constructed to be used for a period of ninety (90) calendar days or more.
"Portable sign." A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs with wheels, A-frames, H-frames, menu and sandwich board signs.
"Premises." Land and/or building, or portion of building, considered as a place of business or residence.
"Projecting sign." A sign which is either suspended from an overhang, canopy, or awning, or is suspended from a mounting attached directly to the building wall, and hangs perpendicular to the building wall (also known as a blade sign or shingle sign), and is intended to be pedestrian oriented.
"Real estate sign." Any temporary sign pertaining to the sale, exchange, lease or rental of buildings or real property.
"Roof sign." A sign installed on a roof or projecting above the eave of a building.
"Sign." Any identification, description, illustration, or device, illuminated or non-illuminated, which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify, or convey information.
"Sign area." Sign area shall be computed by measuring the simplest geometric shape(s) that will encompass the extreme limits of the sign. Negative space that is bounded by sign elements must be counted as sign area." Sign area is cumulative for each face of a multisided sign.
"Sign height." The maximum height of the sign or supporting structure above natural grade.
"Temporary sign." A sign with commercial or noncommercial text which is intended to be displayed for a limited time. Temporary signs shall include banners or light, rigid material which is not affixed in a permanent manner to the ground or to any structure. Awning signs shall not be considered temporary signs.
"Time/temperature sign." An electronic or mechanical device which shows time and/or temperature, but contains no business identification or advertising. The surface area of the time/temperature display shall be included in the total aggregate sign area of the business.
"Town property." Any parcel of land that is owned or controlled by the town of Moraga, or any of its related entities, or that is within the public right-of-way.
"Wall sign." A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported by. An overhang, attached framework, or other substantial architectural appurtenance may be considered an extension of the building wall.
"Wayfinding sign." A sign of no more than six square feet that directs the public to businesses and facilities on a parcel.
"Window sign." A sign attached to, suspended or placed within five feet behind, placed or painted upon, the window or glass door of a building which is intended for viewing from the exterior of such building.
A.
Permit Required. All signs shall conform to the standards set forth in this chapter and unless exempted from the permit requirement under Section 8.88.040 or Section 8.88.050 shall be installed or displayed only pursuant to a sign permit and any other applicable permits and approvals.
B.
Maintenance. All signs and their immediate surroundings shall be maintained by the owner and/or occupant of the premises in a secure, safe, clean and sanitary condition and free and clean of all rubbish and weeds.
C.
Discretionary Approvals. Whenever a sign or a proposed sign is subject to any discretionary review, permit, or approval, such discretion may be exercised only as to the compatibility of the sign with its location, and other structural, architectural and location factors. Discretion may not be exercised as to the artistic merit of the proposed sign or the message itself so long as such message is not excluded from First Amendment (U.S. Constitution) protection under relevant court decisions.
D.
Message Neutrality. It is the town's policy and intent to regulate signs in a manner consistent with the U.S. and California Constitutions, which is content neutral as to non-commercial speech and does not favor commercial speech over non-commercial speech.
E.
Message Substitution. Subject to the property owner's consent, a non-commercial message of any category or content may be substituted, in whole or in part, for any allowed commercial message or any non-commercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. Message substitution is a continuing right which may be exercised any number of times. This provision does not:
1.
Create a right to increase the total amount of sign area on a site.
2.
Create a right to substitute an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message.
3.
Affect the requirement that a sign structure or mounting device must be properly permitted.
4.
Authorize changing the physical method of image presentation (such as digital or neon) display without a permit.
F.
Billboard Policy. New billboards, as defined herein, are prohibited. It is a fundamental land use policy of the town to completely prohibit the construction, erection or use of any and all billboards, other than those which legally exist in the town, or for which a valid permit has been issued and has not expired, as of the date on which this chapter, or when a prior version of this chapter containing a provision to the same effect, was adopted. In adopting this chapter, the town council affirmatively declares that it would have adopted this policy even if it were the only provision in this chapter. The town council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This prohibition does not apply to agreements to relocate presently existing legal billboards as encouraged by state law including, but not limited to, Business and Professional Code Section 5412, as that section may be amended from time to time.
A.
In this Section 8.88.040, the town council acts in its proprietary capacity as to town property within the town. Private parties may post signs on public property only in accordance with this section or another authorization of the town council. As to town property, this Section 8.88.040 shall control in the event of a conflict.
B.
The town declares its intent that all town property in the town shall not function as a designated public forum for sign display, unless some specific portion of public property is designated herein as a public forum of one particular type in which case the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period.
C.
The following signs are exempt from the requirement for a permit in Section 8.88.040(D):
1.
Government Signs. Traffic control and traffic directional signs erected by the town or another governmental entity, official notices required or authorized by law and signs placed in furtherance of its governmental functions.
2.
Legal Nonconforming Signs. Permanent signs which were erected in the past on public property in conformance with all applicable laws, rules and regulations then in effect may remain in that same location so long as they have not been and are not expanded or moved, and are properly repaired and maintained.
3.
Signs in Traditional Public Forum Areas. This section applies only when town regulations concerning special public events, parades and demonstrations do not. In areas qualifying as traditional public forums, private persons may display non-commercial message signs thereon without first obtaining a permit, provided that the signs conform to all of the following:
i.
The signs must be personally held by a person or personally attended by one or more persons.
ii.
The signs may be displayed only during the time period of sunrise to 10:00 p.m.
iii.
The maximum aggregate size of all signs held by a single person is twelve (12) square feet.
iv.
The maximum size of any one sign which is personally attended by two or more persons acting in concert is twenty-four (24) square feet.
v.
The sign(s) shall have no more than two display faces and may not be inflatable or air-activated or produce noise, smoke or fumes.
vi.
In order to serve the town's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Persons holding signs may not block the view within the visibility triangle.
4.
Real Estate Signs. Signs allowed that comply with Section 8.88.050(K).
D.
Signs that are not exempt under Section 8.88.040(C) may be allowed with approval of the town council or its designee or under Section 8.88.040(E). Sign types that would require approval by the design review board under Section 8.88.060 shall be referred to the design review board for comment and recommendation to town council.
E.
The town shall prepare and make available to members of the public an application for a permit, which shall, when fully approved, constitute a permit and town's consent, in its proprietary capacity, for placement of a sign on public property. Only temporary freestanding signs, temporary wall or banner signs, and temporary traffic signs may be approved under this Section 8.88.040(E). Signs shall comply with Sections 8.88.100, except for standards restricting the placement of signs on public property and in the public right-of-way, and shall be processed under Section 8.88.060. The applicant for the permit must be the same person or entity who is to be the owner of the sign and who shall be responsible for its removal when required. The application form shall require the applicant to state that he or she shall abide by the town's policies, as well as any special terms or conditions which may be stated on the permit, and to abide by any new or different conditions which may be imposed on all permittees who are similarly situated. Signs placed within the public right-of-way may also require an encroachment permit from the public works department.
The following signs may be displayed on private property without a sign permit, subject to all laws, rules and regulations, such as compliance with all safety codes:
A.
Address. Street address numbers, as required by the building code or local fire protection district.
B.
Construction Sign. Construction sign with a maximum total size not exceeding twenty-four (24) square feet per individual frontage for commercial districts and twelve (12) square feet per frontage for residential districts.
1.
No freestanding construction sign shall exceed five feet in height.
2.
Construction signs shall be removed within thirty (30) working days following issuance of a certificate of occupancy for the project under construction.
C.
Decorations. Seasonal and holiday decorations, not advertising a product or sale, on display for a period of sixty (60) consecutive days. A decoration that includes advertising is a regulated sign under this chapter.
D.
Flag. United States, State of California, local government flags or flag without commercial messages or logos not to exceed twenty (20) square feet each with a maximum of four flags per frontage.
E.
Informational Signs. A permanent non-illuminated informational sign, not over four square feet in sign area. One single non-flashing illuminated informational sign which may be internally illuminated or illuminated with visible bulbs such as neon, without movement and under two square feet in area, is allowed per premise.
F.
Lottery Sign. Sign for the California State Lottery, approved by the Lottery Commission for display by lottery game retailers.
G.
Memorial or Historical Tablet or Marker. Names of building, date of erection, commemorative tablet and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent-type material and made an integral part of the structure. Such a sign may not exceed four square feet in area and may not be illuminated.
H.
Nameplate. Nameplate indicating the name and profession of the occupant of the building and/or the address.
I.
Personal Property Sales Sign. Sign indicating the sale of personal property, such as a garage sale sign, not exceeding six square feet and erected on private property for no more than three consecutive days, no more than four times a year.
J.
Public Notice. Notice posted by a utility or other quasi-public agency in the performance of a public duty or by any person giving due legal notice.
K.
Real Estate Sign.
1.
A temporary on-site real estate sign not exceeding six square feet per face and twelve (12) square feet in total in residential zoning districts, or sixteen (16) square feet in all other zoning districts that advertises the sale, lease or rental of a structure or land.
i.
Any monument sign shall not exceed six feet in height.
ii.
The sign shall be removed within thirty (30) days following the sale (close of escrow), lease or rental of the property.
2.
Off-site open house signs not exceeding four square feet in area and three feet in height, and an on-site real estate company open house sign, are allowed only during the days and hours that the property is open for inspection.
i.
For each property advertised, there may be only one temporary off-site directional real estate sign per intersection and no sign may be located further from the property than the closest main thoroughfare intersection. Main thoroughfares are: St. Mary's Road, Canyon Road, Moraga Way, Moraga Road, Rheem Boulevard, Camino Pablo, and Bollinger Canyon Road.
ii.
No temporary off-site directional real estate sign shall be located on a wall or fence in the public right-of-way, on a utility pole, or on a public street, median strip, traffic island or private property without permission of the owner.
iii.
Signs shall be placed no more than three hours before the posted open house start time, and collected within three hours of the posted closing.
L.
Service Station Sign. Gasoline service station fuel pump identification and/or price sign located on the pump top or pump face.
M.
State Inspection Sign. One official state inspection sign constructed of a permanent material for each type of inspection service offered on site, located flat against the wall of a building and not exceeding four square feet in area.
N.
Temporary Freestanding Signs, Non-commercial. Signs that comply with Section 8.88.100.
O.
Temporary Banner or Wall Sign, Non-commercial. Signs within the College Zoning District that comply with Section 8.88.100.
P.
Temporary Window Signs. Sign that comply with Section 8.88.100.
Q.
Vehicle or Trailer Sign. An identification sign painted on or affixed to a vehicle or trailer if all of the following apply:
1.
The sign is incidental to the primary use of the vehicle or trailer;
2.
The vehicle or trailer is used as a vehicle in the ordinary course of business; and
3.
The vehicle or trailer is legally parked within a single, delineated parking space.
A sign permit shall be required to place or maintain a sign, or modify an existing sign, unless the sign is listed in Section 8.88.050, or is otherwise exempt, which sign permit shall be processed as follows:
A.
Zoning Administrator. A sign permit for the following types of signs on private property shall be reviewed and issued upon approval by the Zoning Administrator:
1.
Temporary freestanding commercial, wall or banner, and traffic signs;
2.
Permanent window signs (nonilluminated);
3.
Wall signs twenty-five (25) total square feet or less; and
4.
All signs conforming to an approved master sign program.
B.
Design Review Administrator. A sign permit for the following types of signs on private property, except such signs conforming to an approved master sign program, shall be reviewed and issued upon approval by the design review administrator:
1.
Wall signs of more than twenty-five (25) but less than fifty (50) square feet in area that comply with the standards set forth in Section 8.88.090(B)(1);
2.
Multi-story commercial building signs that comply with the standards set forth in Section 8.88.090(B)(2);
3.
Projecting signs that comply with the standards set forth in Section 8.88.090(B)(6);
4.
Awning signs that comply with the standards set forth in Section 8.88.090(B)(5);
5.
Portable signs that comply with the standards set forth in Section 8.88.090(B)(8); and
6.
Externally illuminated signs.
C.
Design Review Board. A sign permit for the following types of signs and programs on private property shall be reviewed and issued upon approval by the design review board:
1.
Monument signs, except such signs conforming to an approved master sign program;
2.
Wall signs of greater than fifty (50) square feet in area, except such signs conforming to an approved master sign program;
3.
Marquee signs, that comply with the standards set forth in Section 8.88.090(B)(3), except such signs conforming to an approved master sign program;
4.
Community message board signs;
5.
Internally illuminated signs, except signs conforming to an approved master sign program;
6.
Off-premises signs, which are only allowed in nonresidential districts if necessary to provide visibility of the business(es) from the nearest arterial or commercial collector street;
7.
Initial review of, or subsequent amendments to, a master sign program pursuant to Section 8.88.070; and
8.
Freestanding banner locations.
D.
Town Council:
1.
A sign permit for an electronic message sign structure on private property shall be reviewed and issued upon approval of the town council;
2.
Signs installed on town property shall be reviewed per Section 8.88.040(D); and
3.
Appeals per the procedures set forth in Sections 8.12.150 to 8.12.260.
E.
Findings. Before approving a sign permit, the reviewing body must find that the following conditions are met:
1.
The sign complies with the requirements of this chapter and the Town of Moraga design guidelines;
2.
The sign has the same character and quality of design as the exterior architecture of the property and area where it is located; and
3.
The location of the sign will not impair the use of the property or conflict with the visibility, location or arrangement of existing adjacent signs.
F.
Scope of Review. Whenever a sign or lighting is reviewed by the design review administrator or the design review board, the site context, including all existing signage and lighting at the premises may be considered in its review of the application. This does not mean the reviewing body may condition, or direct the removal, of a legal nonconforming sign or lighting.
G.
Appeal. A person may appeal a decision made under this chapter. The procedures set forth in Sections 8.12.150 to 8.12.260 shall govern such an appeal.
(Ord. No. 246, § 2, 6-25-2014; Ord. No. 291, § 3, 7-8-2020)
A.
Requirement. A master sign program shall be required for a new multi-tenant site before any permanent sign is placed. For existing multi-tenant sites, a master sign program for monument and marquee signs shall be required prior to approval of a monument sign or marquee sign, except for sign applications submitted prior to the effective date of the ordinance.
1.
Master sign programs shall include:
i.
Location, sign type and maximum sign area for each tenant space;
ii.
Calculation of aggregate maximum sign area per building and frontage;
iii.
Proposed lighting and sign illumination; and
iv.
Allowed locations for temporary freestanding signs.
2.
The owner of an existing development or a site shall submit a master sign program to be reviewed and approved by the design review board.
B.
Variations. A master sign program may include certain variations from the standards of this chapter as follows:
1.
The design review board may allow an increase in wall sign or marquee sign area for individual tenants provided that the overall allowable sign area for the building is not exceeded and no individual tenant's maximum sign area is reduced by twenty-five (25) percent or more.
2.
For a multiple building site, the design review board may allow sign area to be transferred from one building frontage to another if the transfer does not exceed fifty (50) percent of the area allowed for a particular frontage or tenant.
3.
The master sign program may allow more than one monument sign and each monument sign may exceed the maximum sign area prescribed by Section 8.88.090(B)(4) up to a maximum of 70 square feet per sign face, subject to design review board approval.
4.
The master sign program may allow for any number of wayfinding signs that identify the businesses and facilities on site. The design, location, number, and spacing of such signs are subject to design review board approval.
5.
The master sign program may allow for any number of decorative, commercial temporary freestanding signs (such as "A" or "H" frames, menu boards, and small temporary promotional signs) on premises. The design, size, location, number, and spacing of such signs are subject to design review board approval.
6.
The master sign program may include more restrictive requirements, including methods of measurement, than prescribed by this chapter. If the master sign program has more restrictive requirements than this chapter, the master sign program shall be controlling.
C.
Existing Signage. The standards of an approved master sign program shall not apply to existing and legal nonconforming signs. Approval of a master sign program shall not condition or require the removal of existing and legal nonconforming signs.
(Ord. No. 246, § 2, 6-25-2014; Ord. No. 291, § 3, 7-8-2020)
Unless otherwise provided in this chapter, the following types of signs and locations of signs are prohibited:
A.
A sign with lighting, colors, design or text that could be confused with a public traffic directional sign or control device.
B.
A sign that violates state law, including without limitation a sign that includes obscene matter in violation of California Penal Code Section 311 et seq.
C.
A sign made of materials which are impermanent and will not stand exposure to weather, unless it is an allowable temporary sign.
D.
A roof sign.
E.
An animated sign or a flashing sign, except an electronic message sign.
F.
A sign with movement or apparent movement of the sign. This includes the use of a pennant, streamer, spinner, air blown or similar device or manual movement of the sign by hand.
G.
Outdoor advertising structure sign and/or sign located within a public right-of-way except when associated with a town-approved bus shelter or bench.
H.
A sign located in such a manner as to obstruct free and clear vision, or the view of any authorized traffic sign, signal or device.
I.
A sign producing noise, odor or fumes or smoke-making devices.
J.
Mobile billboards, including motorized vehicles which are used for the purpose of general advertising or advertising for hire, when parked on town-owned streets or the public right-of-way, or when traversing upon public streets over which the town has the legal right to control vehicle access.
Permanent signs shall be subject to the following requirements, in addition to any other requirements set forth in this chapter:
A.
General sign standards.
1.
Calculating maximum sign area. In determining compliance with maximum sign area, the following general regulations apply:
i.
Only one side of a building is used in calculating the primary building frontage. The zoning administrator may designate another side of a building or property as the frontage if it is determined that: (a) the primary access to the tenant spaces is from a side facing an interior side lot line; and (b) the interior lot line is longer than the front lot line.
ii.
Only the street frontage that is developed or approved for development is counted for purposes of determining the maximum allowable sign area. Vacant land reserved for future development is not counted.
iii.
No sign or sign area permitted on one frontage shall be transferred to another frontage except in accordance with a master sign plan prepared under Section 8.88.070.
2.
Aggregate Maximum Sign Area. The maximum aggregate sign area of all monument, wall, multi-story commercial building, window and awning signs shall be one hundred fifty (150) square feet per premise.
3.
Location. Signs shall be located on-site and only on the frontage of a premise. Signs may not be located on more than two frontages of any one premise.
4.
Height—Projections. No part of a sign may project above the roof line or ridge line of the building to which it is attached.
5.
Design. The design shall be architecturally compatible with the building or complex it is serving.
6.
Lighting.
i.
Light sources shall be shielded or screened from view.
ii.
Lighting shall be directed against the sign and not shine onto adjacent property.
iii.
Signs shall not have exposed neon or fluorescent tubes, LEDs or incandescent bulbs, except informational signs allowed under Section 8.88.050E.
iv.
Signs shall be illuminated only during the hours of operation of the associated business or facility.
B.
Specific sign standards. Unless otherwise provided in a master sign program, the following sign standards shall apply:
1.
Wall Signs.
i.
Sign Area. The maximum sign area for all wall signs is based on the zoning district in which the signs are located, as follows:
ii.
Location. The wall sign must be located below an eave or parapet, including the eave of a simulated mansard roof;
iii.
Height. The maximum wall sign height is twenty (20) feet above ground.
iv.
Projection. A wall sign may project a maximum of one (1) foot from the face of the building.
v.
Lighting. Wall signs with lighting shall use external or halo illumination.
2.
Multiple-Story Commercial Building Sign. The following standards shall apply:
i.
Sign Area. The maximum sign area for all multi-story commercial building signs is based on the zoning district in which the sign is located, as follows:
ii.
Number. A multi-story commercial building may have one (1) multi-story commercial building sign per building, or two (2) if the building is located on a corner lot, with one (1) such sign facing each street frontage.
iii.
Location. Multi-story commercial building signs shall be located below the top of the parapet of the building at a height and scale architecturally in harmony with the building.
iv.
Lighting. Multi-story commercial building signs with lighting shall use external or halo illumination.
v.
Design. Only individual letters or a logo may be used.
3.
Marquee Signs. The following standards shall apply:
i.
Sign Area. The maximum sign area for all marquee signs is based on the zoning district in which the sign is located, as follows:
ii.
Number. A theater, cinema or performance space may have one (1) marquee sign.
iii.
Location. The marquee sign must be located below the top of the parapet at a height and scale architecturally in harmony with the building and above a public entrance to the building or facility.
iv.
Lighting. Marquee signs with lighting shall use external illumination, halo illumination, or internally illuminated channel letters and cabinet signs.
v.
Design.
(1)
The marquee sign is to be mounted on an architectural projection or roof structure that is an integral part of the building façade.
(2)
The marquee signs shall include only the facility's name and changeable copy related to current and future attractions.
(a)
The facility name portion of the marquee sign shall not exceed fifty (50) percent of the total sign area.
(b)
The changeable copy portions of the marquee sign shall not exceed eighty (80) percent of the total sign area.
4.
Monument Signs. The following standards shall apply:
i.
Sign Area. The maximum sign area for all monument signs is based on the zoning district in which the sign is located, as follows:
ii.
Number. A shopping complex, development or building under single ownership may have one (1) monument sign.
iii.
Location. A monument sign may be placed on or off-premises and must be located:
(1)
At least one hundred (100) feet from another monument sign;
(2)
More than one-half (½) its height from an interior property line; and
(3)
In a landscaped area.
iv.
Height. The maximum monument sign height is ten (10) feet above pre-development grade in a nonresidential zoning district and six (6) feet above pre-development grade in a residential zoning district.
v.
Projection. The monument sign shall be located, in its entirety on private property and outside the public right-of-way.
vi.
Lighting. Monument signs with lighting shall use external or halo illumination.
vii.
Design. The following design requirements apply:
(1)
A maximum of two (2) surfaces may be used;
(2)
The support structure or base of sign must be at least fifty (50) percent the width of the sign; and
(3)
The support structure or base and face made of natural materials, including wood, stone, and ceramic tile, and/or materials that have the appearance of natural materials.
5.
Awning Signs. The following standards shall apply:
i.
Sign Area. Awning signs may cover a maximum of thirty (30) percent of the exterior surface of the awning.
ii.
Location. Awning signs are permitted as follows:
(1)
Commercial Signs. Commercial awning signs are permitted in commercial zoning districts (including community commercial, limited commercial, Rheem Park mixed residential-commercial, Rheem Park mixed office-residential, and college) subject to the requirements of this section. No commercial awning sign is permitted in a residential or open space zoning district, except for an exempt sign under Section 8.88.050.
(2)
Noncommercial Signs. A noncommercial awning sign is permitted in all zoning districts if it complies with the standards of this section.
iii.
Height. An awning sign must be located below an apparent eave or parapet, including the eave of a simulated mansard roof, and at least eight (8) feet above the surface over which it projects.
iv.
Lighting. Awning signs with lighting shall use external illumination.
v.
Design. A maximum of two (2) identical awning signs may be located on the same frontage.
6.
Projecting signs. The following standards shall apply:
i.
Sign Area. The sign area of a projecting sign must be five (5) square feet or less.
ii.
Number. One (1) projecting sign is allowed per business.
iii.
Location. Projecting signs are permitted as follows:
(1)
Commercial Signs. Commercial projecting signs are permitted in commercial zoning districts (including community commercial, limited commercial, Rheem Park mixed residential-commercial, Rheem Park mixed office-residential, and college) subject to the requirements of this section. No commercial projecting sign is permitted in a residential or open space zoning district, except for an exempt sign under Section 8.88.050.
(2)
Noncommercial Signs. A noncommercial projecting sign is permitted in all zoning districts if it complies with the standards of this section.
iv.
Height. A projecting sign must be located below an apparent eave or parapet, including the eave of a simulated mansard roof, and at least seven feet four inches above the surface over which it projects.
v.
Lighting. Projecting signs with lighting shall use external illumination.
vi.
Projection. The projecting sign may project a maximum of six feet from the side of the building.
7.
Window Signs. The following standards shall apply:
i.
Sign Area. Window signs may cover a maximum of twenty (20) percent of the window area.
ii.
Number. No more than one window sign per fifteen (15) linear feet of primary building façade is allowed per tenant.
iii.
Location. Window signs are permitted as follows:
(1)
Commercial Signs. Commercial window signs are permitted in commercial zoning districts (including community commercial, limited commercial, Rheem Park mixed residential-commercial, Rheem Park mixed office-residential, and college) subject to the requirements of this section. No commercial window sign is permitted in a residential or open space zoning district, except for an exempt sign under Section 8.88.050.
(2)
Noncommercial Signs. A noncommercial window sign is permitted in all zoning districts if it complies with the standards of this section.
iv.
Lighting. Window signs with lighting shall use external illumination, halo illumination, or internally illuminated channel letters and cabinet signs.
(1)
One illuminated window sign is allowed per building frontage, including illuminated informational signs in Section 8.88.050.
v.
Design. A maximum of two identical window signs may be located on the same frontage.
8.
Portable Signs. The following standards shall apply:
i.
Sign area. The sign area of a portable sign must be six square feet or less per face, with a maximum of twelve (12) square feet.
ii.
Number. One on-site portable sign is permitted per business establishment.
iii.
Location. Portable signs are permitted as follows:
(1)
Commercial signs. Commercial portable signs are permitted in commercial zoning districts (including community commercial, limited commercial, suburban office and college) subject to the requirements of this section. No commercial portable sign is permitted in a residential or open space zoning district, except for an exempt sign under Section 8.88.050.
(2)
Noncommercial signs. A noncommercial portable sign is permitted in all zoning districts if it complies with the standards of this section.
iv.
Height. The portable sign height shall be a maximum of four feet.
v.
Lighting. Portable signs shall not be lighted.
vi.
Design. A portable sign must be made of durable materials.
vii.
Placement and Removal. A portable sign shall not be permanently attached to the ground or other permanent structure, shall be located on-site, shall be erected and removed on the same calendar day, and may be displayed only during the hours of operation of the associated business or organization.
(1)
Portable signs shall be placed a minimum of twenty (20) feet from the curb of a scenic corridor roadway. Scenic corridor roadways are: St. Mary's Road, Canyon Road, Moraga Way, Moraga Road, Rheem Boulevard, Camino Pablo, Bollinger Canyon Road, and Donald Drive (along the ridgeline of Mulholland Hill).
(Ord. No. 246, § 2, 6-25-2014; Ord. No. 291, § 3, 7-8-2020; Ord. No. 307, § 6(Exh. B, 9), 2-22-2023)
A.
General sign standards.
1.
Location. Temporary signs are permitted as follows:
i.
Commercial Signs. Temporary commercial signs are permitted in commercial zoning districts (including community commercial, limited commercial, Rheem Park mixed residential-commercial, Rheem Park mixed office-residential, and college) subject to the requirements of this section. No temporary commercial sign is permitted in a residential or open space zoning district, except for an exempt sign under Section 8.88.050.
ii.
Noncommercial Signs. A temporary noncommercial sign is permitted in all zoning districts if it complies with the standards of this section.
2.
Lighting. Temporary signs shall not be lighted.
B.
Specific sign standards.
1.
Temporary freestanding sign.
i.
Sign area; aggregate area; distance. Following are the maximum sign area, the aggregate area permitted, and the allowable distance between signs, for temporary freestanding signs:
Table 2: Temporary Freestanding Sign Standards
ii.
Location.
(1)
A temporary freestanding sign shall not be attached to a utility or light pole, wall, fence, tree or other vegetation.
(2)
A temporary freestanding sign shall not be placed at a location which obstructs or poses the threat of obstructing vehicular or pedestrian travel. The sign may not be located within areas regulated to preserve sight distance.
(3)
A temporary freestanding sign may only be placed on private property with owner's consent and shall not be allowed in or over the public right-of-way (including public streets, alleys, sidewalks and unpaved areas) except for open house signs and real estate signs, not requiring a permit, per Section 8.88.050.
iii.
Placement and removal.
(1)
Commercial signs. A temporary commercial freestanding sign may be permitted for up to a thirty (30) day period, with at least thirty (30) days between placements.
(2)
Noncommercial signs. Temporary freestanding noncommercial signs may be placed on a property for no more than sixty-five (65) days at a time, four times each calendar year, with at least thirty (30) days between placements. The name of the person or organization responsible for the sign and the date the sign was installed must be printed on the temporary commercial freestanding sign.
2.
Temporary Wall and Banner Signs. The following standards shall apply:
i.
Sign area. The maximum temporary wall or banner sign area is thirty (30) square feet, with a maximum width of two-thirds of the width of the storefront.
ii.
Number. A maximum of two temporary wall or banner signs may be displayed at any one time.
iii.
Location. The temporary wall or banner sign must be securely attached to a building wall, fascia, accessory structure or window.
(1)
A banner may be placed on freestanding posts or stand at approved locations.
(a)
The design review board shall approve a permit for freestanding banner locations.
(b)
The zoning administrator shall approve a permit for freestanding banner locations that have been previously approved by town council for community events.
iv.
Purpose. A temporary wall or banner sign may only be approved if the sign is necessary to:
(1)
Advertise a special event, promotion, sale, or other temporary activity;
(2)
Maintain identity while a sign permit application is pending and until a permanent sign is erected; or
(3)
Advertise a temporary use permitted by a temporary use permit.
v.
Placement and removal. A temporary wall or banner sign may be permitted for up to a thirty (30) day period, or multiple dates, not totaling more than thirty (30) days within a calendar year.
3.
Temporary Window Signs. The following standards shall apply:
i.
Sign area.
(1)
Temporary window signs may cover no more than twenty (20) percent of the total window area for each building frontage (glass doors are not included in the calculation of total window area).
(2)
The aggregate of temporary windows signs cover a maximum of fifty (50) percent of a window area.
ii.
Placement and removal. Temporary window signs may be placed in a window for no more than sixty-five (65) days at a time, four times each calendar year, with at least thirty (30) days between placements.
4.
Temporary Traffic Signs. A temporary sign permit may be issued by the design review administrator or public works director, in consultation with the police department, for electronic message signs for the direction of traffic if required by the town as part of a special event or construction traffic management plan or needed for other traffic management needs.
(Ord. No. 246, § 2, 6-25-2014; Ord. No. 307, § 6(Exh. B, 9), 2-22-2023)
Permanent signs which were erected in the past in conformance with all applicable laws, rules and regulations then in effect may remain in that same location so long as they have not been and are not expanded or moved, and are properly repaired and maintained.
A sign advertising an activity, business, service or product shall be removed thirty (30) days after such activity, business, service or product is complete or is no longer in operation.
Each violation of a provision of this chapter is declared to be a nuisance per se, each day of violation is a separate offense, and a violation is subject to abatement by any means available at law.
If any section, subsection, clause, phrase or portion of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, it shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining provisions of this chapter.