A.

Title. This chapter shall be known as Signs on Private Property.

B.

Authority. This chapter is adopted in accordance with the freedom afforded to charter cities generally, the Charter of the City of San Marcos, specifically, and pursuant to the City's general and police powers, California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code sections 5200 et seq., 5230, and 5490 et seq.; and other applicable state laws.

C.

Scope. This chapter regulates signs, as defined herein, that are within the legal corporate limits of the City, but not on City property, as defined herein, or in the public ROW, or on property owned and/or controlled by other City entities or other City-related districts. Signs on City property and the public ROW are controlled by Chapter 20.325 (Signs on City Property). The provisions of this chapter and Chapter 20.325 (Signs on City Property) collectively constitute the "City Sign Ordinance."

The purpose of this chapter is to create, execute, and enforce a comprehensive system for the reasonable regulation of signs within the City that are within the defined scope of this chapter. By adopting this chapter, the City intends to balance many competing interests, including the following:

A.

Expression. To allow businesses, establishments, and individuals to exercise their right to free speech by displaying an image on a sign and to allow audiences to receive such information.

B.

General Plan. To execute the goals of the visual element of the City's General Plan.

C.

Cumulative Visual Impact. To limit the adverse cumulative effects of signs and sign structures on community aesthetics and the visual element of the physical environment. Regulations of signs consistent with the goals and objectives of the community are necessary to ensure that the community character and image are protected.

D.

Visual Attractiveness. To make San Marcos visually attractive to residents; visitors; and commercial, industrial, and professional businesses while maintaining economic stability.

E.

Public Health. To protect the general public health, safety, and welfare of the community.

F.

Safety. To reduce possible traffic and safety hazards through regulations designed to eliminate visual clutter along City streets and freeway corridors.

G.

Information. To direct persons to various places, activities, and uses to provide for maximum public convenience.

H.

Reasonable Regulation. To provide a reasonable system of sign regulations to ensure the development of a high-quality visual environment.

I.

Preserve Rural Areas. To preserve established rural portions of the community with a minimum of visual clutter.

J.

Preserve Open Space. To preserve and protect open space, identified scenic areas, and natural and built resources.

K.

Economic Enhancement. To enhance the economic value of the community and each area, business, and use thereof through the regulation of such elements as size, number, location, design, and illumination of signs.

L.

Protect Property Values. To preserve and protect the appearance of and property values within the City.

The principles stated in this section apply to all signs and procedures within the regulatory scope of this chapter and to all provisions of this chapter.

A.

Applicability. All signs within the City shall conform to the provisions of this chapter. If any Zone regulation or development standard within this Zoning Ordinance, an adopted Specific Plan, CUP, or sign program imposes more stringent requirements than are set forth within this chapter, the more stringent provisions shall prevail. Except as provided in Section 20.320.110 (Enforcement, Violations), this chapter is intended to have prospective effect only.

B.

Enforcement. The Director is authorized and directed to enforce and administer this chapter.

C.

Regulatory Interpretations. All regulatory and administrative interpretations of this chapter are to be exercised in light of the message neutrality and message substitution policies. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the Zoning Ordinance or the Building Code, then the Director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated or prohibited by this Article, in light of the principles stated in this chapter.

D.

Message Neutrality. It is the City's policy and intent to regulate signs in a manner consistent with the U.S. and California constitutions that is content neutral as to non-commercial speech and that 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 type may be substituted, in whole or in part, for the message displayed on any legal or legal nonconforming sign without consideration of message content. Such substitution of message may be made without any additional approval or permitting, provided that the message substitution makes no changes to the physical structure of the sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular protected non-commercial message over any other protected non-commercial message. In addition, any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message, provided that the sign structure or mounting device is legal, without taking message content into consideration. Message substitution is a continuing right and may be exercised any number of times, in whole or in part.

This message substitution provision does not do any of the following:

•

create a right to increase the total amount of signage on a parcel, lot, or land use beyond that otherwise allowed;

•

affect the requirement that a sign structure or mounting device be properly permitted when the permit requirement applies;

•

allow a change in the physical structure of a sign or its mounting device; or

•

authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message.

F.

On-Site/Off-Site Distinction. Within this chapter, the distinction between on-site signs and off-site signs applies only to commercial messages. It does not apply to non-commercial messages.

G.

Permanent Signs - Accessory or Appurtenant Uses Only. Unless otherwise provided herein, permanent signs are to be accessories to, or appurtenant to, or auxiliary to, a main, principal, or primary use on the same parcel; the signs themselves are not to be a primary, principal, or secondary principal use on any parcel. This provision applies prospectively only.

H.

Billboard Policy. New "billboards," as defined herein, are prohibited. The City completely prohibits the construction, erection, or use of any billboards, other than those that legally exist in the City. No existing, legal billboard may be converted to digital display, electronic changeable image display, or to function as a "message center" as that term is defined in Business and Professions Code Section 5216.4. No permit shall be issued for any sign that violates this policy, and the Director shall take immediate action against any billboard constructed, installed, or maintained in violation of this policy. In adopting this provision, the City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter.

The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this Article may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable.

This provision shall control over any other more specific provision to the contrary.

I.

Non-Communicative Aspects. All rules and regulations concerning the non-communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

J.

Permit Requirement. Unless expressly exempted from the permit requirement by this chapter, all permanent and temporary signs may be mounted, constructed, installed, or displayed only pursuant to a sign permit issued by the City. In addition, the sign owner or sponsor and the property owner must satisfy all other applicable permit and approval requirements, such as building permits, electrical permits, grading permits, etc., even if the sign is exempt from the sign permit requirement.

K.

Discretionary Approvals. Whenever any sign permit, Variance, CUP, Specific Plan, Site Development Review Plan, Planned Development approval, comprehensive sign program, or other sign-related decision is made by any exercise of official discretion, such discretion shall be limited to the non-communicative aspects of the sign, as defined herein, and compatibility with the location. Graphic design themes may be evaluated only for a comprehensive sign program, and then only as applicable to commercial message signs. Signs under a comprehensive sign plan must be complete in all other building, structural, and electrical requirements.

L.

Legal Nature of Sign Rights and Duties. As to all permanent signs attached to real property, the sign-related rights, duties and obligations arising from this chapter attach to and travel with the land on which a sign is mounted, installed, or displayed; such rights and duties do not travel with the permittee or sign owner. A sign permit is an official authorization to place a specific permanent sign on a specific parcel of land in a specific location. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases, or the ownership of sign structures. This provision does not apply to hand-held signs, personally attended signs, or aspects of personal appearance. This provision does not prevent a sign owner from removing a sign structure from a given location and installing it in another location, so long as all permit requirements applicable to the new location are satisfied and any permits and/or modifications thereof have been approved and issued.

M.

Owner's Consent. No sign may be placed on private property without the consent of the legal owner of the property owner and all persons holding the present right of possession and control. In this context, the owner is the party holding the present right of immediate possession and control, as well as the fee title holder.

N.

Responsibility for Compliance. The responsibility for compliance with this chapter rests jointly and severally upon the sign owner; the permit holder; all parties holding the present right-of-possession and control of the property whereon a sign is located, mounted, or installed; and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected, or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control.

O.

Mixed Uses. Residential and non-residential land uses co-exist or are allowed to be developed on the same parcel or project only as specified in the General Plan, Zoning Ordinance, and Specific Plan (if applicable). The sign-related rights and responsibilities applicable to any particular parcel or land use in such areas shall be determined by reference to the regulations of the applicable zoning regulations or Specific Plan, as applicable.

P.

Severance. If any section, sentence, clause, phrase, word, portion, or provision of this chapter is held invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter that can be given effect without the invalid portion. In adopting this chapter, the City Council affirmatively declares that if it had been made aware of any invalid provision(s), it would have approved and adopted the remaining provisions, and that it desires for all valid provisions to remain in force.

A.

Scope. This section applies to all signs that may be erected, maintained, or displayed only by a sign permit. The internal review and appeal procedures also apply to any other sign-related decision made by the City, including removal orders, revocation of permits, orders to abate, etc.

B.

Permit Generally Required. It shall be unlawful for any person, firm, or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any sign within the City without first obtaining a sign permit to do so, and paying the appropriate fees prescribed therefore. This rule does not apply to signs that are exempted from the permit requirement by an explicit provision of this chapter.

C.

Right to Permit or Display. When any sign permit application fully complies with all applicable provisions of this chapter, and all other applicable laws, rules, and regulations, the permit shall be approved and issued within the required time, provided that all application materials are complete and have been submitted in a form sufficient to permit the City to review and act upon such application within said timeframe, and are in accordance with the conditions for sign permits as set forth below. In the case of signs that are expressly exempt from the permit requirement, there is a right to erect, display, and maintain such signs as are authorized by this chapter, subject to the applicable rules. This "right to permit or display" provision does not apply when the relevant City law is under active consideration for amendment at the time the application for a sign permit is submitted.

No permit shall be issued for any sign or sign structure except in compliance with the provisions of this chapter. A sign permit may be issued subject to compliance with permitting requirements imposed by other sources of law, including the safety codes for building, electrical, plumbing, grading, etc. Where there is a conflict between the provision of this chapter and other applicable regulations, the more restrictive shall apply. The Director shall ensure that any sign proposal is in conformance with this chapter and is consistent with its intent and purpose. In addition to all other requirements of the Code, the Director shall consider and ensure a sign's compatibility with the surrounding environment as a permit requirement. In determining compatibility with the surrounding environment, the following criteria may be considered: style or character of existing improvements upon the site and lots adjacent to the site; visual elements such as construction materials, design details, and the number and spacing of signs in the area; the sign's height, design, and location in relation to its proposed use; the sign's relationship with other nearby signs, other elements of street and site furniture, and adjacent structures; form, proportion, scale, materials, surface treatment, and overall sign size; potential effect of the proposed sign on driver and pedestrian safety; potential blocking of view (whole or partial) of a structure or facade or public view of historical or architectural significance; potential obstruction of views of users of adjacent buildings to side yards, front yards, open space, or parks; potential negative impact on visual quality of public spaces, including recreation facilities, public squares, plazas, courtyards, and the like; and whether the sign will impose an aesthetically foreign or inharmonious element into the existing skyline or local viewscape. Such compatibility review is subject to and limited by Section 20.320.030.K (Discretionary Approvals).

D.

Exemptions; Alterations. Signs legally existing prior to the effective date of this chapter shall be exempt from the sign permit requirement unless a structural alteration is made, the sign area or any other point of nonconformity is enlarged or expanded, or the sign face is changed. In the case of such structural alterations or expansion, a permit is required.

E.

Application for a Sign Permit. Any person seeking a permit for a sign, for which a permit is required, shall submit to the Director a written application for such sign permit. The Director shall prepare a sign permit application form and provide it to any person on request. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount set by resolution of the City Council. In the case of after-the-fact permitting, the otherwise applicable fee shall be doubled.

1.

Application Contents. The form may call for the following information:

a.

Fully dimensioned Site Plan (four (4) sets drawn to scale and dimension), in color, showing the location of all property lines, buildings, parking areas, driveways, landscaped areas, utility poles and wires, public and private street lines (including centerlines), structures, easements, and the location and size (in square feet) of all existing and proposed signs, and as to all existing signs information as to whether each is permitted or exempt from permitting.

b.

Fully dimensioned architectural and building elevation drawings (four (4) sets shown to scale) accurately indicating thereon all sign matter, graphic design elements, materials and method of illumination, and if required by the Director, a photographic simulation.

c.

Name, address, and telephone number of the applicant and, if applicable, the name, address, APN (Assessor's Parcel Number) and telephone number, as well as the license number, if any, of the sign contractor.

d.

Address and Zone of the property where the sign is proposed to be displayed.

e.

Existing and proposed sign area of each individual sign and the combined area of all signs (including those already existing or previously permitted) in relation to the maximum allowed sign area.

f.

Written evidence of all owners' consents, such as land owner or lessor.

g.

A statement as to whether the sign is intended to be used in whole or in part for off-site commercial messages, advertising for hire, or general advertising.

h.

A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to use any of the following physical methods of message presentation: sound; odor, smoke, fumes, or steam; rotating, moving, or animated elements; activation by wind or forced air; neon or other fluorescing gases; fluorescent or day-glow type colors; flashing or strobe lighting; light emitting diodes, liquid crystal displays, or other video-like methods; digital display technology; use of live animals or living persons as part of the display; or mannequins or statuary.

i.

A statement as to whether the property or parcel on which the sign is proposed to be erected or displayed, or any currently existing sign thereon, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application.

j.

Photographs of the existing property, parcel, and/or building on which the sign is proposed to be erected or displayed.

k.

In the case of any proposed sign that is subject to a discretionary process, such as a variance, CUP, or sign program, all information required by such process(es).

l.

The Director is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty (30) day's public notice. The Director is also authorized to request, require or accept application materials, in whole or in part, in electronic form, and to specify the acceptable computer formats for such submissions.

F.

Completeness. The Director shall determine whether the application contains all the required information. If the application is not complete, the applicant shall be so notified in person or in writing initially within forty-five (45) days of the date of receipt of the application; the notice shall state the points of incompleteness and identify any additional information necessary. The applicant shall then have one (1) opportunity, within thirty (30) calendar days, to submit additional information to render the application complete; failure to do so within the thirty (30)-day period shall render the application void. This time period may be repeated as is reasonably necessary to secure the submission of all required information and documents in good form and in compliance with City requirements.

G.

Disqualification. No sign permit application will be approved if any of the following occurs:

1.

The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal or non-permitted sign has not been legalized, removed, or a cure included in the application.

2.

There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment) that has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application.

3.

The sign application is substantially the same as an application previously denied, unless:

a.

12 months have elapsed since the date of the last application, or

b.

new evidence or proof of changed conditions is furnished in the new application.

4.

The applicant has not obtained any applicable required permit including Site Development Plan Review, Variance, Specific Plan, and/or CUP. However, applications for such permits may be processed simultaneously with a sign permit application.

H.

Multiple Sign Applications. When an application proposes two (2) or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial.

I.

Signs That Are Part of a Larger Project. Permit applications for Comprehensive Sign programs as part of planned commercial, office-professional and industrial development shall include the above information as part of a Site Development Plan Review, CUP, or Specific Plan. When approval is sought for a development that includes one (1) or more signs, then the sign aspects of the proposed development must satisfy the applicable provisions of this chapter. Such proposals may be reviewed by the Director and shall be decided by the Planning Commission.

J.

Revocation or Cancellation. The Director may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit and the requirement of this chapter after written notice of noncompliance and at least fifteen (15) calendar days opportunity to cure. The notice and opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

K.

Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the City upon written notice, to the permittee, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place and includes omissions, errors, or misrepresentations in the application materials, and oversights or errors in the processing thereof.

L.

Inspections. Inspection and approval of foundations is required when a sign includes a footing design. The purpose of such inspection is to allow the inspector to verify the size and depth of excavated footing, reinforcement method, etc., and for compliance with all applicable safety codes. All signs subject to permit require final inspection and approval by the Building Official.

M.

Sign-Related Decisions. Challenges to sign-related decisions, other than approval or denial of a sign permit, do not require a particular form, but must be in writing, signed by the applicant or challenger, and particularly state the matter challenged and the grounds therefore. Challenges shall be made to the Director. Challenges to sign-related decisions not made in accordance with these procedures shall not be eligible for appeal.

N.

Levels of Review. Except for signs subject to initial review by the Planning Commission, initial review and decisions on all sign permit applications shall be by the Director unless otherwise stated herein.

O.

Conditional Approval. A sign permit may be approved subject to conditions, so long as those conditions are required by this chapter or some other applicable law, rule, or regulation.

P.

Safety Codes. When a sign qualifies as a "structure" under the Building Code, a building permit shall also be required. Compliance with all applicable safety codes shall be a condition of all sign permits.

Q.

Permit Denial. When a sign permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant's application form, and shall specifically state the grounds for denial.

R.

Timely Decision. At each level of review or appeal, the decision shall be rendered in writing within forty-five (45) calendar days. The time period begins running when a challenge is received, the application is complete (or is deemed complete because no notice of incompleteness has been given), an amendment is received, or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the application or appeal shall be deemed denied; in the case of an appeal, the lower level decision shall be deemed affirmed.

S.

Appeal. Any decision regarding a sign permit application may be appealed by any affected person. Appeals shall be heard by the Planning Commission. The decision of the Planning Commission shall be final unless appealed to the City Council.

T.

When Appeal Right Arises. The appeal right arises at the earlier of:

1.

whenever a written decision is delivered to the applicant, or

2.

the time for decision has run without a written decision. In this context, "delivered" means personally delivered or placed in the U.S. Mail, whichever occurs first.

U.

Time and Method for Appeal. Any affected person may appeal any sign permit or other sign-related decision to the next level of review, so long as the notice of appeal is delivered to or received by the City within ten (10) calendar days of the subject decision (if the tenth (10th) calendar day falls on a day when City Offices are closed, then the time period is extended until the close of business hours on the next day that City Offices are open). The appeal process is begun by filing a written notice of appeal with the Planning Commission within ten (10) days of notice of the decision, particularly stating the matter appealed from, and the grounds for the appeal. Further appeal to the City Council is begun by filing a written notice of appeal with the City Clerk within ten (10) days of notice of the decision of the Planning Commission, particularly stating the matter appealed from, and the grounds for the appeal.

V.

Status Quo. During the pendency of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes an immediate threat to public safety.

W.

Judicial Review. Following final decision by the City Council, any affected person may seek judicial review of the final decision on a sign permit application pursuant to the applicable provisions of the California Code of Civil Procedure.

X.

Notices. Written notices required within this chapter shall be deemed given on the earliest of the following: when personally delivered, when publicly posted, or on the day of mailing. Notices are deemed effective when sent to the last known address of the addressee.

A.

All Commercial Zones. The following signs are allowed in all commercial Zones, subject to a sign permit and the following regulations:

1.

All Signs. Maximum sign area allowed, excluding window signs. The total area of all permanent signs for any establishment shall not exceed:

a.

Maximum of two (2) square feet per lineal foot of building frontage, or

b.

Maximum of three hundred (300) square feet, whichever is less, except that:

i.

A minimum allowance of one hundred (100) square feet of sign area is provided per establishment; different establishments using the same space and the same or overlapping personnel must share the available display space.

ii.

Coverage ratio: The maximum allowable sign copy area shall be seventy-five percent (75%) of the total display area of the sign.

2.

Freestanding Signs. Maximum freestanding sign area and height for any one (1) sign or any establishment's share of a common sign shall be limited to:

a.

Maximum fifty (50) square feet in area and ten (10) feet in height.

3.

Maximum window sign area - Window signs. All window signs combined, permanent and temporary, shall not exceed an area one-third (1/3) the area of frontage window area.

4.

Number/Type of Signs. The following standards establish the maximum number of each type of sign per each establishment:

a.

One (1) freestanding sign per frontage.

b.

One (1) projecting sign per frontage.

c.

Number of wall and window signs is limited only by the total square footage allowed on-site.

d.

Where signs per frontage are allowed, those signs shall be placed at some point along the frontage that qualifies them.

e.

No more than two (2) freestanding signs per frontage shall be allowed in shopping centers. Such signs may not be used for off-site commercial advertising.

f.

One (1) flag may be displayed, either under this Section 20.320.050.A.4.f or under Section 20.320.060.B.5.e. If a flag is displayed pursuant to one (1) section, no additional flag may displayed under the other section. A flag displayed under either section must be displayed in accordance with the standards set forth in Section 20.320.060.B.5.e (Temporary Signs in Commercial and Industrial Zones).

B.

Additional Rules That Apply to Signs in C, NC, OP, SR, B-P, L-I, I, and I-2 Zones. The rules in this section apply to signs in the commercial (C) Zones (see Section 20.320.050.A above) and to signs in the NC, OP, SR, B-P, L-I, I, and I-2 Zones (for more rules applicable to the I Zones, see next section).

1.

Illumination. All sign illumination shall be interior or indirect exterior, with no exposed light bulbs or neon tubes shining directly at the passing public. No light may be reflected off mirrors at the passing public.

2.

Maximum Sign Height.

a.

Wall signs may not exceed the building walls that support them.

b.

Projecting signs may not exceed the height of the parapet walls.

c.

All freestanding signs (including monument signs) shall be designed and placed on-site to provide unobstructed viewing of traffic from cars and trucks driving past and at intersection, driveways.

d.

Projecting signs: No signs shall project over a public ROW.

3.

Signs Used Only for Non-Commercial Messages and/or as Real Estate Signs. In addition to the sign display area otherwise allowed, signs used exclusively for the display of non-commercial messages and/or as real estate signs, or any combination thereof, may be displayed at any time, subject to the following:

a.

Number: One (1) sign per frontage may display (a) non-commercial message(s) and/or advertising the sale or lease of each commercial or industrial parcel, or each leased area of a shopping center or of an industrial park only.

b.

Area: Such signs shall not exceed in area thirty-two (32) square feet each, single-face. No such sign shall exceed eight (8) feet in overall height and shall not be located within the public ROW. These signs shall not count against the maximum sign area permitted for the parcel or leased area.

c.

Illumination of such signs is prohibited.

d.

Removal: If used as real estate signs, the signs shall be removed within one (1) week of the completion of the transaction advertised.

e.

Permits: The signs described in this subsection require a sign permit only if they qualify as "structures" under the Building or Zoning codes.

C.

Signs in B-P, L-I, I, and I-2 Industrial Zones. In addition to the rules stated in the preceding section, the following rules apply to signs in the B-P, L-I, I, and I-2 Zones.

1.

Maximum Sign Area.

a.

All permanent signs combined for any establishment shall not exceed in area one and one-half (1.5) square feet per one (1) lineal foot of frontage, or two hundred (200) square feet, whichever is less, except that a minimum allowance of one hundred (100) square feet of sign area per establishment is provided, and the sign area for any one (1) sign or any establishment's share of a common sign shall be determined as follows:

i.

Maximum of fifty (50) feet in area and up to ten (10) feet in height (monument sign).

ii.

Maximum two hundred (200) square feet for all signs put together into a common sign.

b.

Coverage Ratio. The maximum allowable copy area for sign copy shall be seventy-five percent (75%) of the total display area of the sign.

c.

Maximum Window Coverage. Maximum area for all window signs for any establishment shall be one-third (1/3) of maximum area of window.

d.

Number/Type of Signs. The following number of signs shall be permitted for any establishment:

i.

One (1) freestanding sign per frontage.

ii.

One (1) projecting sign per frontage.

iii.

One (1) wall sign per frontage.

iv.

There is no limit on the number of window signs, but the cumulative area of all such signs may not exceed one-third (1/3) of window area per frontage.

e.

Where signs per frontage are allowed, those signs shall be placed at some point along the frontage that qualifies them.

f.

Freestanding signs may be located within the required building setbacks from street ROW.

g.

Wall signs painted on plywood or on other similar material shall not be permitted.

D.

Comprehensive Sign Program for Commercial, Neighborhood Commercial, Mixed Use, Office Professional, and Industrial Zones. A comprehensive sign program shall be developed for all commercial, office, professional, and industrial buildings consisting of two (2) or more tenant spaces. The purpose of the program shall be to provide the Director with clear information to evaluate sign compatibility with the surrounding environment as part of the permit requirement as listed under Section 20.320.050.C, considering the factors listed therein.

E.

Agricultural (A) Zones. Signs in agricultural Zones are subject to the following rules:

1.

Structural types allowed: freestanding, mounted on walls.

2.

Illumination: prohibited.

3.

Maximum display area:

a.

For lots not exceeding two (2) acres: four (4) square feet.

b.

For lots exceeding two (2) acres: sixteen (16) square feet.

4.

Number: One (1) per street frontage, but not more than two (2) for any one (1) parcel.

5.

Height: wall signs shall not project above the roof line; freestanding signs shall not be higher than eight (8) feet.

6.

Message types: non-commercial or on-site commercial; off-site commercial is prohibited.

7.

Sign permit not required.

F.

Single-Family Residential Zones. Signs are allowed on single-family residences, and other legal uses within single-family residential Zones, subject to the rules stated in this section. Permits are required only when the sign qualifies as a "structure" within the Zoning or Building Codes.

1.

Residences.

a.

Total display area allowed: four (4) square feet at all times.

b.

Number of signs: not limited.

c.

Coverage ratio: The maximum allowable copy area for sign copy shall be seventy-five percent (75%) of the total display area of the sign.

d.

Illumination: illumination is prohibited.

e.

Message types allowed: protected non-commercial, real estate, name plate (not exceeding two (2) square feet, for residences), garage sale.

f.

Flags:

i.

Display time: not limited.

ii.

Size and mounting: total flag area (measured one (1) side only): not more than forty (40) square feet.

iii.

Mounting: On a pole not to exceed the height limitations of the Zone regulations or attached to a legal structure not to exceed the roof line. One (1) flag pole per parcel is allowed. Any such pole or structure must be constructed and maintained in compliance with all existing building and safety codes.

iv.

Location: may not be placed in the public ROW.

v.

Visual Interference: may not interfere with either pedestrian sight distance or vehicular sight distance, any view corridor, visibility to any existing business or any existing permanent sign.

2.

Institutional Signs. Establishments of an institutional nature such as educational, religious, civic, non-commercial, hospitals, sanitariums, rest homes, or similar may erect, maintain, and display one (1) sign, non-commercial or onsite commercial, or any combination thereof, subject to the following:

a.

One (1) monument sign, not to exceed a maximum of twenty (20) square feet in area, and six (6) feet in height and not extending above a wall or fence. The sign shall be set back a minimum of five (5) feet from any property line. Location is subject to Engineering Division approval.

b.

A non-illuminated wall sign may be permitted with a sign area of one (1) square foot per one (1) foot of building frontage maximum. Wall signs shall not be located above an eave, roof line or parapet.

G.

Multiple-Family Zones. Signs are allowed in all multiple-family Zones, subject to the rules in this subsection. Permits are required only when the sign qualifies as a "structure" under the Building or Zoning codes. This section does not override provisions in private contracts, such as residential leases. This section does not apply to establishments offering short term, transient occupancy, such as hotels, motels, inns, and "bed and breakfast" places.

1.

Individual Residential Units.

a.

Total display area allowed: four (4) square feet at all times.

b.

Number of signs: not limited.

c.

Coverage ratio: The maximum allowable copy area for sign copy shall be seventy-five percent (75%) of the total display area of the sign.

d.

Illumination: illumination is prohibited.

e.

Message types allowed: non-commercial, real estate, name plate (not exceeding two (2) square feet, for residences), garage sale.

f.

Flags:

i.

Display time: not limited.

ii.

Size and mounting: total flag area (measured one (1) side only): not more than forty (40) square feet.

iii.

Mounting: On a pole not to exceed the height limitations of the Zone regulations or attached to a legal structure not to exceed the roof line. One (1) flag pole per parcel is allowed. Any such pole or structure must be constructed and maintained in compliance with all existing building and safety codes.

iv.

Location: may not be placed in the public ROW.

v.

Visual Interference: may not interfere with either pedestrian sight distance or vehicular sight distance, any view corridor, visibility to any existing business or any existing permanent sign.

2.

Master Unit/Office (apartment hotels, residential hotels, mobilehome parks). On legal, attached, multiple-family residential uses, at all times and in all Zones, the management office or master unit may display signs, subject to the following:

a.

If the office or master unit is used as a principal residence, then the sign display rights for the resident are the same as for other individual dwelling units, as stated in subsection G.1, above.

b.

Additional Sign. In addition to the signs authorized by subsection G.1, above, the master unit or office may display one (1) additional sign, subject to the following message types: nameplate, on-site commercial, Civil Code 713 (temporary real estate signs), protected non-commercial.

c.

Maximum area of display face: six (6) square feet; maximum number of display faces: two (2); maximum height: four (4) feet; mounting types: freestanding or wall-mounted; illumination: not allowed.

3.

Institutional Uses. An institutional establishment located within a Multiple-Family Zone, such as educational, religious, civic, non-commercial, hospitals, sanitariums, and rest homes, may erect, maintain, and display one (1) sign per one hundred (100) feet of building frontage maximum, non-commercial or on-site commercial, or any combination thereof, subject to the following:

a.

One (1) monument sign, not to exceed a maximum of twenty (20) square feet in area and six (6) feet in height and not extending above a wall or fence. The sign shall be set back a minimum of five (5) feet from any property line. Location is subject to Engineering Division approval.

b.

A non-illuminated wall sign may be permitted with a sign area of one (1) square foot per one (1) foot of building frontage maximum. Wall signs shall not be located above an eave, roof line, or parapet.

H.

Signs for Signs for Cemeteries or Memorial Parks. Entryway signs are not to exceed twenty (20) square feet in area. (Note: this rule applies to a land use, not a Zone.)

A.

On-Site Subdivision Signs.

1.

Number, Size, etc. A maximum of one (1) temporary on-site subdivision sign is allowed.

a.

A maximum of sixty-four (64) square feet total is allowed for two (2) sides, or

b.

A maximum of thirty-two (32) square feet for one (1) side;

c.

Maximum total overall height of twelve (12) feet is allowed on each Circulation Element street frontage of the property being subdivided, not to exceed two (2) such signs of all phases of any subdivision; otherwise a maximum of one (1) sign is permitted.

2.

Removal. Such signs shall be removed within ten (10) calendar days from the date of the final sale of the land and/or residences or within twenty-four (24) months, whichever comes first. Extensions of twelve (12) months may be approved by the Director.

a.

Removal deposit. A cash deposit per sign shall be deposited with the sign application to ensure compliance with this chapter and removal of such sign. Said deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, then the cost of removal shall be deducted from the deposit.

B.

Temporary Signs in Commercial and Industrial Zones. Temporary signs may be displayed in Commercial and Industrial Zones for a limited period of time as a means of publicizing special events, either commercial or non-commercial, including grand openings, new management, sales, Christmas tree or other holiday-oriented lots, and parades and fairs that are to take place within the City, subject to the following:

1.

Approval. To apply for approval of temporary signs, the applicant shall submit a temporary sign permit application to the Director which describes the dimensions and location of the proposed sign by means of a sketch and written description and that indicates the proposed display dates. The Director, or designee, shall review the request within five (5) working days after receipt and approve, approve with modification or deny the request in writing; if the application is denied, the reasons shall be stated in the written denial. Applications that conform to all applicable laws, rules, and regulations shall be approved unless such laws, rules, and regulations are under consideration for possible revision.

2.

Log of Usage. The Director shall maintain a log of temporary signage approved for each applicant. If the Director is notified prior to installation of the temporary signs that the signage will not be used, the application will be canceled and the signage not deducted from the total number of days of temporary signage remaining. If a sign is installed without approval of the Director, or designee, it shall be deducted from the total number of days available at a rate of two (2) days for every one (1) day that the unapproved signs are displayed.

3.

Enforcement. Signs that are installed or displayed without approval of the Director are in violation of this chapter.

4.

Maintenance. Temporary signage shall be maintained in good condition and shall not be frayed, faded, or dirty.

5.

Specific Types of Temporary Signs.

a.

Banner Signs. Banner Signs shall be included in and considered a part of, rather than in addition to, the approved sign program allowances for the site.

i.

Display Time: A maximum of thirty (30) combined calendar days during each of the following four (4)-month periods.

•

January 1 through April 30

•

May 1 through August 31

•

September 1 through December 31

ii.

Size and Number: A maximum of two (2) signs not to exceed a combined total of sixty (60) square feet measured from one (1) side.

iii.

Location: Suspended and affixed between two (2) support posts and not to exceed a height of five (5) feet. Attached or anchored upon a building frontage face of a legal structure and not placed above the roof line. Cannot be placed in the public ROW, attached and/or affixed to trees or shrubbery. Must be placed on the frontage of the establishment.

iv.

Visual interference: Cannot be placed to interfere with pedestrian or vehicular sight distance, view corridor, visibility to any existing establishment, or any existing permanent sign.

b.

Balloon(s).

i.

Size: not to exceed sixteen (16) inches in diameter.

ii.

Mounting: A string of balloons must be attached to or mounted at one (1) end to a legal structure and anchored at the other end. The length of the mounting string cannot exceed the distance from the face of the building frontage to the ROW. May not be attached and/or affixed to trees or shrubbery.

iii.

Display time: Must be removed from public view at the close of operations each day.

iv.

Location: Cannot be placed in, project into, or fly above the ROW or pedestrian path of travel.

v.

Visual Interference: cannot interfere with either pedestrian sight distance or vehicular sight distance, any view corridor or obstruct visibility to any existing business or existing permanent sign.

c.

Temporary Window Signs - Non-Residential Uses. Temporary window signs painted on the window or constructed of paper, cloth, or similar expendable material affixed on the window, wall, or building surface, subject to the following:

i.

The total area of such signs shall not exceed twenty-five percent (25%) of the window area. However, in all cases, twenty-five (25) square feet per business frontage is permitted.

ii.

Such signs shall be affixed to the surface for no more than thirty (30) continuous calendar days but for no more than sixty (60) days each calendar year.

d.

Special Event Signs.

i.

Display time: A maximum of fourteen (14) days prior to the special event and no longer than five (5) days after the conclusion of the event.

ii.

Size and Number: One (1) sign not to exceed thirty-two (32) square feet.

iii.

Mounting: Suspended and affixed on one (1) or between two (2) support posts, fence, or temporary structure.

iv.

Location: Cannot be placed in, project into, or fly the ROW or pedestrian path of travel and may not to be attached and/or affixed to trees or shrubbery.

v.

Visual Interference: May not interfere with either pedestrian or vehicular sight distance, any view corridor or visibility of any existing business, or any existing permanent sign.

e.

Flags

i.

Display time: not limited.

ii.

Size and mounting: total flag area (measured one (1) side only): not more than forty (40) square feet.

iii.

Mounting: On a pole not to exceed the height limitations of the Zone regulations or attached to a legal structure not to exceed the roof line. One (1) flag pole per parcel is allowed. Any such pole or structure must be constructed and maintained in compliance with all existing building and safety codes.

iv.

Location: Cannot be placed in, project into, or fly above the ROW or pedestrian path of travel.

v.

Visual Interference: may not interfere with either pedestrian sight distance or vehicular sight distance, any view corridor, or visibility to any existing business or any existing permanent sign.

f.

Ambient air balloons. Ambient air balloons and other similar inflatable advertising devices may be displayed, subject to the following:

i.

Permit required. Such devices are subject to a temporary sign permit. In addition to providing the information required by Section 20.320.060.B.1 (Temporary Signs in Commercial and Industrial Zones), the permit application shall include locational information to include a scale diagram, in a plan and elevation view, indicating the inflatable to be used; the areas in which or on which the inflatables are to be located, as well as providing calculations of square footage of maximum cross-section area and indicating the total number of lineal feet of devices suspended by wire in the air. The locations indicated on the permit and approved and issued on the permit may not change during the period of time for which the permit is issued.

ii.

Materials. The applicant or agent shall specify the materials to be used for each ambient air balloon installed. The Director shall determine if the materials used will not fade, tear, rip or otherwise become unsightly during the period of the installations. If such determination cannot be made, then the City may not issue the requested permit. All structural materials and installation materials shall comply with the Director's specification and requirements.

iii.

Display time. Such devices shall be allowed for a period of not more than fourteen (14) calendar days within any calendar year and only on commercial or industrial parcels, and only for on-site commercial messages or non-commercial messages.

iv.

Height; mounting. Height of the device(s) may not exceed thirty (30) feet from the ground, measured from the ground to the highest point on the inflatable device.

v.

Number. No more than three (3) inflatable advertising devices may be displayed at any one (1) site during any allowed time period.

vi.

Size. No inflatable allowed by this section shall exceed 1,500 square feet, as measured at the cross-section. When properly permitted, inflatable advertising devices do not count toward the otherwise applicable sign area limits.

C.

Political, Campaign, Election, and Other Protected Non-Commercial Messages on Temporary Signs. In addition to signage otherwise allowed in any Zone, temporary signs displaying messages related to upcoming elections, or displaying any other variety of protected non-commercial speech, are allowed in all Zones in accordance with this section.

1.

Standards for Temporary Signs Displaying Protected Non-Commercial Speech:

a.

Illumination is prohibited.

b.

Such signs many not be erected, placed, used or maintained in, on or within the public ROW, unless such is specifically allowed by Chapter 20.325.

c.

Such signs may be erected, placed, installed, used, or maintained upon private property only with the consent of the owner, lessee, or other person or entity in lawful possession of the property.

d.

No such sign shall be erected, placed, used, installed, or maintained so that it:

i.

Mars, defaces, disfigures, or damages any public building, structure, or other property;

ii.

Endangers the safety of persons or property;

iii.

Obscures the view of any fire hydrant, traffic sign, traffic signal, street sign, or public information sign;

iv.

Interferes with either pedestrian sight distance or vehicular sight distance, any view corridor, or visibility to any existing business or any existing permanent sign.

v.

The total display area of all such signs on a given parcel is limited to sixteen (16) square feet at all times, except as set forth in Section 20.320.060.C.1.d.vi (Temporary Signs in Commercial and Industrial Zones), below.

vi.

During the pre-election period, which begins thirty-five (35) calendar days before any primary, general, or special election, and ends ten (10) calendar days after such election, an unlimited number of signs is allowed per parcel with the property owner's permission. Each sign may be increased up to thirty-two (32) square feet during this pre-election period. In the case of freestanding, dual-sided signs, the display area limit is measured one (1) side only, even if both sides are used for message display.

vii.

The signs allowed by this subsection may be installed and displayed without permit, so long as all signs conform to the rules stated in this subsection and all other applicable laws, rules and regulations.

2.

Standards in Agricultural (A) and Residential (R) Zones:

a.

Double-faced signs as defined in this chapter are allowed.

b.

No sign shall be posed in such a manner that any portion of said sign is within five (5) feet of the house side of the sidewalk and, if there is no sidewalk within fifteen (15) feet of said sign, then fifteen (15) feet from the house side of the street curb. Said signs must be placed at least five (5) feet from the house side of intersecting sidewalks or if there are no sidewalks, then fifteen (15) feet from the house or back sides of intersecting curbs. Unless a farther setback is required by the foregoing rules (as in the case of corner lots adjacent to intersecting streets), said signs shall be located at least five (5) feet from side property lines except for lots located at intersections.

c.

No sign shall exceed three and one-half (3-1/2) feet in height in the front setback area, and such signs shall not exceed six (6) feet in height in any area unless said sign is attached flush to any building. The measurement shall be taken from the ground level to the top of said sign.

d.

No sign may be affixed to an already existing sign.

e.

Nothing in this section shall be construed to render a property owner liable for the posting of a sign on his or her property.

A.

Construction. Every sign and all parts, portions, and materials shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and City regulations and the existing adopted Building Code.

B.

Maintenance. Every sign and all parts, portions, and materials shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked or broken surfaces, and malfunctioning or damaged portions of a sign shall be repaired or replaced within thirty (30) calendar days following notification by the City. Any maintenance that does not involve structural changes is allowed. A permit is not required in the case of repairs or maintenance, or change of copy, that does not result in a change in the physical structure of the sign.

C.

Nuisance. The following are declared to be public nuisances that may be abated as such pursuant to this Code:

1.

Any sign not being kept in sound condition by constituting a hazard to the passing public; or by chipping, peeling, or corrosion of surface; or by defacement for more than thirty (30) calendar days after notice to repair.

2.

Defective sign illumination that remains uncured thirty (30) calendar days or more after notice to repair.

3.

Signs advertising an establishment that has been out of operation for ninety (90) days or more.

Signs described in this section are exempt from the application permit and fee requirements and do not count toward the otherwise applicable limits on total sign area. All other provisions of this chapter, and all other applicable laws, rules, and regulations, must still be satisfied. Specifically, these signs may require an electrical and/or building permit. Any signage in excess of the specific exemptions listed herein is prohibited, unless allowed by another provision of this chapter.

A.

Warning, Notice, and Information Signs. For signs that warn of danger such as "high voltage" and "beware of dog"; safety signs on construction sites; official and legal notices issued by any court, public body, person, or public officer; signs posted by public utilities warning of danger or location of facilities; signs providing direction or informational signs or structures required or authorized by law; signs giving notice of owner policies such as "no trespassing" or "no parking," the cumulative display area on a given parcel may not exceed four (4) square feet, unless otherwise required by law.

B.

Construction Signs. For residential projects greater than four (4) dwelling units, commercial, and industrial projects, the following standards apply:

1.

Maximum of two (2) directory signs not exceeding thirty-two (32) square feet each are allowed, unless legally required by government contracts to be larger, on the construction site.

2.

No sign shall exceed eight (8) feet in overall height.

3.

No sign shall be located closer than ten (10) feet to any property line.

4.

All construction signs shall be removed upon the granting of occupancy permit by the City.

5.

For all other projects, a total of two (2) signs per development site may be installed with maximum of four (4) square feet in area.

C.

Future Tenant Identification Sign. Future tenant identification signs may be placed on vacant or developing property to advertise the future use of an approved project on the property.

1.

Signs shall be limited to one (1) sign per parcel.

2.

Maximum of thirty-two (32) square feet in area.

3.

No sign shall exceed eight (8) feet in overall height.

4.

No sign shall be placed no closer than ten (10) feet to any property line.

5.

All signage shall be removed upon finalization of building permits.

6.

Where a project has in excess of six hundred (600) lineal feet of frontage, one (1) additional sign for each six hundred (600) lineal feet is allowed.

D.

Real Estate Signs, Commercial, or Industrial Property.

1.

A maximum of one (1) real estate sign per street frontage.

2.

Maximum of thirty-two (32) square feet in area.

3.

No sign shall exceed eight (8) feet in overall height.

4.

No sign shall be located within the public ROW.

5.

Where a property has in excess of six hundred (600) lineal feet of frontage, one (1) additional sign for each six hundred (600) lineal feet is allowed.

E.

Convenience signs. Convenience and directional signs shall be limited to four (4) square feet in area and may be displayed for commercial and industrial uses.

F.

Vehicle Signs. Signs on licensed commercial vehicles, provided such vehicles are not used or intended for use as portable signs or for general advertising for hire.

G.

Incidental Signs. For incidental signs for automobile repair stores, gasoline service stations, automobile dealers with service repairs, and motels and hotels, showing notices of services provided or required by law, trade affiliations, credit cards accepted, and the like, attached to a freestanding sign, structure or building, provided:

1.

The signs number no more than four (4).

2.

No such sign projects beyond any property line.

3.

No such sign shall exceed an area per face of four (4) square feet.

Unless expressly allowed by this chapter, the following signs are prohibited:

A.

Flashing, etc. Signs that rotate, blink, flash, gyrate, or are animated, blinking, or gyrating signs; use digital displays; or exhibit or give the appearance of animated motion are prohibited. Prohibited digital display signs include those signs that are capable of displaying video or other multimedia content using LCD, LED, projection, plasma, or other similar display technology and any digital display otherwise defined Section 20.320.040 (Sign Permits).

B.

Searchlights, etc. Searchlights, beacons, and bunting when used for advertising purposes are prohibited.

C.

General Advertising on Vehicles. General advertising for hire on automobiles, motorcycles, trucks, or trailers used regularly for business uses (except on doors or panels of operable cars, motorcycles, or trucks as allowed under Section 20.320.080.F) when such vehicles are parked upon City property, the public ROW, or traversing upon any street within the City are prohibited.

D.

City Property. Private party signs installed, placed, or maintained within, upon, or over any post, pole, tree, shrub, stone, utility pole, traffic control device, hydrant, or other similar object in any street, alley, or sidewalk, or on any public property in the City are prohibited, except as allowed under Chapter 20.325 (Signs on City Property).

E.

Unapproved Traffic Control or Safety Signs. Signs resembling or confusingly similar to traffic control or safety signs that are not approved by the City for traffic control or safety use at the specific location are prohibited.

F.

State Route 78 View Corridor. Except as permitted for parking lot sales authorized under this Zoning Ordinance, temporary advertising signage as described in Section 20.320.060.B.5.c (Temporary Signs in Commercial and Industrial Zones), within the State Route 78 view corridor are prohibited.

G.

Pole Signs. As defined in Section 20.320.120 (Definitions).

H.

Mobile Messaging Signs. As defined in Section 20.320.120 (Definitions).

I.

Flags, except as specifically allowed under this chapter. As defined in Section 20.320.120 (Definitions).

J.

Commercial Mascots. As defined in Section 20.320.120 (Definitions).

K.

Feather Banners. As defined in Section 20.320.120 (Definitions).

L.

Off-Site Signs, whether Temporary or Permanent. As defined in Section 20.320.120 (Definitions).

A.

Intent. It is the intent of this section to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of local, state, or federal regulations is as important as the prohibition of new signs that would violate these regulations.

B.

General Requirements. A nonconforming sign may not be:

1.

Changed to another nonconforming sign; changes of copy including legal nonconforming billboards shall comply with the requirements of this chapter.

2.

Except for normal repair and maintenance, structurally altered to extend its useful life. This prohibition includes the structural alteration of any nonconforming sign that is not being kept in sound condition, either by constituting a hazard to the passing public, or by chipping, peeling, or corrosion of surface, or by defacement, for more than ten (10) consecutive days, which may be deemed a public nuisance, to be abated pursuant to this Code.

3.

Expanded, moved, or relocated, unless the City Council approves a relocation of a billboard, as authorized by Business and Professions Code Section 5412.

4.

Re-established after a business, not within a center, or a business within a center without an approved comprehensive sign program, is discontinued.

5.

Re-established after damage or destruction of more than fifty percent (50%) of the sign value as determined by current replacement cost.

C.

New Signs. A new sign may be approved for a site, structure, building, or use that contains nonconforming signs if it meets one (1) or more of the following criteria:

1.

It is part of an approved comprehensive sign program; or

2.

It lessens the nonconformity.

D.

Historical Signs. Signs that have historical significance to the community, as defined from time to time by City Council resolution, but do not conform to the provisions of this chapter, may be issued a permit to remain in place, provided that the City Council makes the following findings:

1.

The sign has historical significance for the community.

2.

The sign does not create nor cause a traffic hazard.

3.

The sign does not create a visual nuisance to the character of the community.

4.

The sign is properly maintained and structurally sound.

5.

The sign does not adversely affect adjacent properties.

A.

Responsible Parties. As used in this section, "responsible parties" includes all persons described in the "responsibility for compliance" subsection of the Basic Principles section, above (Section 20.320.030 Basic Principles).

B.

Nuisance. All violations of this chapter are declared to constitute public nuisances that may be abated by any method provided by law.

C.

Enforcement. Legal procedures and penalties shall be in accordance with the enforcement procedures established by the Municipal Code or state law.

D.

Unauthorized. Illegal signs may be abated by the City in accordance with local ordinance, state law (including Business and Professions Code Section 5499.1 et seq., or state law on abatement of public nuisances), or as otherwise provided by law.

E.

Safety. If any sign is an immediate threat to the public health and safety by virtue of the physical condition of the sign structure, said sign may be immediately and summarily removed with the cost of such removal charged to the property owner in accordance with this chapter.

F.

Penalty. Each person, corporation, association, partnership, limited liability company, firm, and/or responsible party who places, maintains, or causes to be placed or maintained a sign in violation of the provisions of this chapter is guilty of an offense punishable pursuant to Section 1.12.010 of this Code.

G.

Separate Offenses. Any violation of the adopted regulation shall be subject to a default amount for each separate offense. Each day of violation or noncompliance with these regulations shall be deemed as a separate offense and subject to the penalties and payment of default amounts established by the City Council.

H.

Notice of Violation. Whenever any sign or part thereof, other than those referred to in Subsection E, constitutes an illegal sign and/or is erected or maintained in violation of this chapter, the Director shall give written notice to all responsible parties to remove the sign or to bring it into compliance. The notice shall specify the nature of the violation, order the cessation thereof, require the cure of violation or removal of the sign by a specific date, and advise the permittee, owner, or person in charge of the sign of the hearing rights established by this subsection. The date for removal specified in the written notice shall not be less than fifteen (15) days from the date of the mailing of the notice. Within ten (10) days of the date of mailing the responsible party or parties may request a hearing by filing a written request therefore with the Director.

I.

Hearing. The hearing shall be held by the Director within thirty (30) calendar days of the notice. The person issuing the notice to remove shall not be designated as the hearing officer. The hearing shall be limited to whether the sign was erected or is maintained in violation of this chapter. Upon receipt of a written request for a hearing, the Director shall schedule a hearing and send written notice by first class mail of the time, place and date for the hearing. After the hearing, the Director may affirm, modify, or revoke the order to remove.

J.

Decision After Hearing. The decision of the hearing officer shall be in writing, and state reasons for the decision, and shall be issued within thirty (30) calendar days of the hearing.

K.

Maintenance of Status Quo. The time for compliance with the original order shall be stayed during the pendency of the hearing.

L.

Removal of Uncured Violations. Whenever the responsible parties fail to comply with an order of the Director made pursuant to this section, the Director may remove the sign, or order it removed, either by the City's own force or by a private party under contract. The expense of the removal shall be charged to the permittee, owner, or person in charge of the sign. Such amount shall constitute a debt owed to the City. No permit shall thereafter be issued to any permittee, owner, or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the City in collection of the costs shall be added to the amount of the debt.

M.

Removal of Temporary Signs. Whenever a temporary sign has been erected or maintained in violation of the provisions of this chapter, the Director shall give written notice to remove the sign to the permittee, owner, or person in charge of the sign. The notice shall specify the nature of the violation, order the cessation thereof, require the removal of the sign within seventy-two (72) hours of the time of the notice, and advise the permittee of the hearing rights established by this subsection. Before the expiration of the seventy-two (72)-hour period, the permittee, owner, or person in charge of the sign shall remove the sign or may request a hearing. The request shall be in writing and filed with the Director. The hearing shall be held by the Director or his/her designee within seventy-two (72) hours of the day the request is filed, or the next business day following seventy-two (72) hours from the filing of the request, whichever is sooner. The person issuing the notice to remove shall not be designated as the hearing officer. The hearing shall be limited to whether the sign was erected or is maintained in violation of this chapter. Notice of the time of the hearing may be given in writing, telephone, or other form of communication. After the hearing, the order to remove may be affirmed, altered, or revoked. The decision of the hearing officer shall be made in writing, with reasons stated. If the permittee, owner, or person in charge of the sign fails to comply with the notice to remove or the decision of the hearing officer, the Director may remove or cause the removal of the sign. The expense of the removal shall be charged to the permittee, owner, or person in charge of the sign. Such amount shall constitute a debt owed to the City. No permit for a temporary sign shall thereafter be issued to any permittee, owner, or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the City and collection of the costs shall be added to the amount of the debt.

N.

Cumulative Remedies. The provisions of this section are alternative and additional remedies for the enforcement of this chapter. Nothing in this section shall preclude the City from enforcing the provisions of this chapter by any other criminal or civil proceeding.

The definitions in this section apply to this chapter.

Abandoned Sign: Any nonconforming sign for a business, use, or service that has been discontinued or vacated for more than ninety (90) days. Any sign that conforms to the provision of this chapter and that is intended to be re-used in conjunction with a new or re-established lawful use on a property shall not fall under the definition of abandoned.

Agricultural Sign: A sign displayed on a parcel that is zoned for, and is used for, agricultural purposes.

Alteration: Any change of size, shape, illumination, position, location, construction, or supporting structure of an existing sign. Changes to graphic images or graphic designs are not within this definition.

Balloon Sign: Any type of sign advertising display consisting of a non-porous material bag filled with heated air, a gas lighter than air, or air under pressure, including ambient air balloons.

Banner Sign: Any cloth, bunting, plastic, paper, or similar material for advertising purposes.

Billboard: A permanent structure sign that meets any one (1) or more of the following criteria:

1.

Used for the display of off-site commercial messages.

2.

Used for general advertising for hire, in contrast to self-promotion.

3.

Not an accessory or auxiliary use serving a principal use on the same parcel, but rather is a separate or principal use of the parcel.

4.

A profit center on its own, and in the case of multiple principal uses on the same parcel, the sign is distinct from the main operations of the principal use on the parcel.

A sign within a redevelopment project area that displays only non-commercial messages and messages concerning establishments within the same redevelopment project area is not within this definition.

Building Complex: A building or group of buildings on one (1) or more lots or building sites containing two (2) or more unrelated occupants and share common parking facilities.

Canopy Sign: Any sign attached to a projecting canopy or protruding over a sidewalk.

Changeable Copy Sign: A sign with changeable copy, regardless of method of attachment or materials of construction.

Commercial Mascot: A person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages, when a principal purpose is to draw attention to or advertise a commercial enterprise. Includes sign spinners and/or twirlers and sign clowns.

Commercial Message: Any message on a sign that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity that proposes a commercial transaction, or concerns primarily the commercial or economic interests of the speaker and/or the intended audience.

Comprehensive Sign Program: Building design and signs integrated into a single architectural plan. Also known as "sign program," "sign plan," or "master sign program."

Construction Sign: A sign displayed on the site of a construction development project during the period of time of actual construction.

Convenience Sign: A sign that conveys functional information such as hours of operation, credit cards accepted, directions to parking or restrooms, etc.

Copy: Any letters, numerals, or symbols displayed on a sign face to convey a message to the public; the elements of a visual image that are intended to be communicative.

Copy Area: An area circumscribed by the smallest geometric shape created with a maximum of eight (8) straight lines, which will enclose all words, letters, figures, symbols, designs, and pictures, together with all framing, background material, colored or illuminated areas, and attention-attracting devices, forming an integral part of an individual message, except the following:

1.

Wall signs having no discernible boundary shall have the areas between letters, words intended to be read together, and any device intended to draw attention to the sign message included in any computation of surface area.

2.

For spherical, cylindrical, or other three-dimensional (3D) signs the area of the sign shall be computed from the smallest two-dimensional (2D) geometrical shape or shapes, which will best approximate the greatest actual surface area visible from any one (1) direction.

Digital Display: A system for the display of changeable images, either appearing in motion or as a series of still images, using "light emitting diodes" or digital electronics, which may be remotely programmed or controlled; the definition also includes all functionally equivalent systems, such as liquid crystal displays and plasma display, regardless of actual technology used. Also known as CEVMS (changeable electronic variable message signs), "dynamic displays," and similar terms. Also includes "message center" signs as defined in Business and Professions Code Sections 5216.4 and 5490.5.

Directional Sign: A sign that provides locational and directional information to pedestrian or vehicular traffic.

Directory Sign: A sign within a multi-tenant property that is used to identify tenants.

Display face: That portion of a sign upon which the visually communicative elements are placed.

Double-Faced Sign: A sign with two (2) faces, with each face oriented approximately one hundred eighty (180) degrees (back to back) from the other.

Establishment: Any legal use of land, other than long-term residential, which involves the use of structures subject to the Building Code. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices, and libraries, but does not include single-family homes, mobilehomes, residential apartments, residential care facilities, or residential condominiums.

Feather Banner or Feather Banner Sign: A flexible pole to which one (1) side of a flexible fabric, generally in the shape of a feather or similar shape, is attached, and which is used for the primary purpose of advertising or attention-getting by the public display of visually communicative images. Such banners are also known and sold under names that include "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bowflag," "teardrop banners," and others. The definition includes functionally similar display devices.

Flag: A piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol. Includes pennants, which are generally triangular in shape.

Freestanding Sign: A sign that is not attached to or supported by another structure, but is mounted directly on the ground and provides its own support structure. Common types include monument (ground) signs.

General Advertising: The commercial enterprise of advertising or promoting other businesses or causes using methods of advertising, in contrast to self-promotion or on-site advertising. Also known as "advertising for hire" and "general advertising for hire."

Grade: The elevation of the nearest public sidewalk or curb adjoining the property upon which any sign or structure is placed or erected or the average constructed finished ground surface immediately below the sign.

Graphic Design: The overall layout, form, proportion, scale, color, materials, surface treatment, overall sign size and style, character, typography, and size and style of lettering of a sign.

Height: The distance between the highest point of a sign structure and the ground surface beneath.

Illegal Sign: Any sign installed without proper government approval and/or permits at the time it was placed. The term includes any sign that was erected in conformance with all applicable laws, rules, and regulations in effect at the time of installation, but that was subsequently altered so as to be out of compliance with applicable law, including the terms of permits that authorized construction. All signs described in Business and Professions Code Section 5499.1 and defined therein as an "Illegal on-premises advertising display" are also within this definition.

Illuminated Sign: Any electric sign or other sign employing the use of lighting sources (other than natural light or ambient lighting) for the purpose of decorating, outline, accentuating, or brightening the sign area.

Indirect Lighting: The illumination of a sign by a light source that is not a component part of the sign.

Industrial Park: An industrial center composed of more than four (4) establishments identified by one (1) name as being physically grouped, and under common deed restriction for the purpose of design control.

Institutional/Quasi-Public Uses: Uses that are maintained and operated by federal, state, county, district, City, and other public agencies and uses that are maintained and operated by any society, corporation, individual, or foundation for the primary purpose of providing educational, charitable, or social services to the public, groups, or individuals, such as fraternal organizations and lodges, nonprofit civic/community clubs, nonprofit philanthropic institutions, nonprofit museums, nonprofit libraries, churches, hospitals, childcare centers, schools, or other similar uses.

Legal Nonconforming Sign: Any sign that complied with all applicable laws, rules, and policies at the time of installation but that does not conform to current applicable rules.

Marquee: A permanent roofed structure attached to and supported by the building and projecting beyond the building face, used to display signage.

Mobile Messaging Sign: Any off-site sign that is attached to or painted on a vehicle, the principal purpose of which is general advertising.

Monument Sign: A type of freestanding sign that is mounted directly on the ground, not exceeding ten (10) feet in height and that is supported by a base not exceeding twenty-five percent (25%) of the sign area.

Multi-faced Sign: A sign with more than two (2) faces with each face oriented at less than one hundred eighty (180) degrees from the other.

Non-Commercial Message: Any message displayed on a sign that is intended to express a non-commercial idea, including commentary on topics of public concern and debate, including commentary on social, political, educational, religious, scientific, artistic, philosophical, or charitable subjects.

Non-Commercial Sign: A sign displaying a non-commercial message.

Office Park: A group of two (2) or more office buildings that are planned and developed together with unique identity and function relationships fostered through the use of coordinated design, site orientation, access, and other unifying elements.

Office Park Identification Sign: A sign that identifies the name or logo of an office park.

Off-Site Sign: Any sign that advertises commercial products, accommodations, services, or activities not provided in or on the lot upon which it is located. The on-site/off-site distinction applies only to commercial messages.

On-Site Sign: A sign advertising the commercial business, accommodation, services, or activities provided on the premises on which the sign is located, or expected to be provided in that location in the near future. All establishments within a shopping center are on-site as to any sign(s) also located within that shopping center. The on-site/off-site distinction applies only to commercial messages.

Permanent Sign: Any sign designed and intended to be used in excess of thirty (30) days, or that meets the definition of "structure" in the Building Code and is subject to a permit under any of the safety codes (building, fire, electrical, grading, etc.).

Pole Sign: Any free-standing sign based at grade level and supported by one (1) or more uprights or braces. Includes signs upon which the uprights or braces are covered or cladded with metal, stucco, or any other material.

Portable Sign: All of the following are within this definition:

•

Any sign not permanently attached or designed to be permanently attached to the ground or other permanent structure.

•

Any sign designed to be transported by means of wheels, skids, runners, or moveable frames.

•

"A frame" or "T frame" signs.

•

Menu and sandwich board signs.

•

The functional equivalent of any of these categories. Commercial mascots are not within this definition.

Projecting Sign: A single or double-faced sign attached to the face area or wall of building and that projects eighteen (18) inches or more from said wall and does not exceed any portion of the roof.

Protected: A message that is within the protection of the First Amendment to the U.S. Constitution and/or corollary provisions of the California Constitution.

Real Estate Sign: A sign whose message concerns a proposed transaction, such as sale, lease, or exchange of real property. Signs on establishments offering transient occupancy, such as hotels, motels, inns, and bed and breakfast places, concerning vacancies and rates are not within this definition. All signs described in Civil Code Section 713 are within this definition.

Roof Sign: Any sign supported by any portion of a roof of a building.

Safety Codes: Those codes that define and require safe methods of construction or demolition, including the codes for building, electrical, plumbing, grading, demolition, etc.

Shopping Center: A commercial center composed of more than four (4) establishments, identified by one (1) name as being physically grouped and sharing a common parking area.

Sign: A temporary or permanent public display of visible images that, either directly or indirectly, advertises, informs, or identifies persons, businesses, commodities, services, or ideas by the display of any communicative image or graphic that attracts attention when such is visible from any portion of the public ROW or from a private ROW that is open to public use, or any exterior place that is open to the public. The word "sign" includes all writing, trademarks, graphic illustrations, and lighting primarily directed at facilitating communication, as well as supporting structures within sign area. Notwithstanding the generality of the foregoing, the following are not within the definition of sign:

1.

Aerial signs or banners towed behind aircraft.

2.

Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts) that do not perform a communicative function.

3.

Fireworks and similar displays.

4.

Foundation stones and cornerstones.

5.

Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased.

6.

Historical plaques.

7.

Holiday and cultural observance decorations on private property that are on display in season for not more than forty-five (45) calendar days per year (cumulative, per parcel or use) and that do not include commercial advertising messages.

8.

Inflatable gymnasia. Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices. Also called "party jumps."

9.

Interior graphics. Visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof.

10.

Manufacturers' marks. Marks on tangible products that identify the maker, seller, provider, or product, and that customarily remain attached to the product even after sale.

11.

Mass transit graphics. Graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the City.

12.

Newsracks and newsstands.

13.

Personal appearance. Items or devices of personal apparel, decoration, or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots or hand-held signs).

14.

Search lights and klieg lights when used as part of a search and rescue or other emergency service operation; this exclusion does not apply to search lights or klieg lights used as attention-attracting devices for commercial or special events.

15.

Shopping carts, golf carts, horse drawn carriages, and similar devices; any motorized vehicle that may be legally operated upon a public road is not within this exclusion.

16.

Symbols embedded in architecture. Symbols of non-commercial organizations or concepts including religious or political symbols, when such are permanently integrated into the structure of a permanent building that is otherwise legal; by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells, religious statuary, etc.

17.

Vehicle and vessel insignia. On street-legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, non-commercial messages, and messages relating to the proposed sale, lease, or exchange of the vehicle or vessel.

18.

Vending machines, automated intake devices, and product dispensing devices that do not display off-site commercial messages or general advertising messages.

19.

Window displays. The display of merchandise in a store window when such merchandise is offered to the public for sale.

Sign Area: The area of that triangle, square, or polygon formed on a plane from the least number of straight lines (not to exceed eight (8) in number) all parts of which are measured at least six (6) inches from, and enclosing, all writing, trademarks, illustrations, backing lighting, and those backing structures except building walls. For double-faced back-to-back signs, the area of only one (1) of the two (2) equal faces counts as the sign area. In the case of a statuary sign or a sign device that has communicative visual elements on more than two (2) visual planes, area is calculated by a photograph or image of the sign showing its maximum area on a flat surface, and then calculating the area of that flat surface.

Sign Height: The vertical distance between the average adjacent ground level (for pole signs), or the roof level (for roof signs) and the top of the sign, including all superstructure, support, and architectural or design elements.

Special Event Sign: Any sign that advertises special events and activities, including grand openings/closings, carnivals, parades, charitable events, sales including promotional sales, change of business address, change of ownership or lessee, business anniversaries, seasonal events, Christmas tree or other holiday-oriented lots, public events that take place in the City, or any sign identifying a single time or infrequently occurring event that is outside of the normal activities of the responsible parties.

Temporary Sign: A sign that, by virtue of its construction from lightweight or flimsy materials, and its installation with ordinary hand tools, is not physically suitable for long-term display, including pennants, banners, streamers, or similar attention-getting devices.

Useful Life: The period of time over which a sign may reasonably be expected to be useful to the owner of a sign in the trade or business or in the production of income. Signs within the scope of Business and Professions Code Section 5490 are presumed to have a useful life of fifteen (15) years. For all other permanent signs, when a sign manufacturer's estimate of useful life is available, that may be presumed to be accurate, unless there is contrary evidence.

Wall Sign: A single-faced sign that is wholly attached to the face area or wall of a building, and that projects less than eighteen (18) inches from said wall.

Window Sign: Any sign painted or affixed to the inside or outside of a window surface, or otherwise so located within a building so as to be visible from the exterior of the building.

Vehicle Sign: Any sign that is attached to or painted on a vehicle that is parked on, adjacent to, or near any property, the principal purpose of which is to attract attention to a product sold or an activity or business located on such property.