Santa Paula City Zoning Code
CHAPTER 16
48: SIGN REGULATIONS
§ 16.48.010 PURPOSE.
This chapter is adopted pursuant to the city's police powers as set forth in the California Constitution for the following purposes:
(A) To implement the Santa Paula General Plan;
(B) To maintain and improve the city's aesthetics to promote public welfare;
(C) To protect public health and safety by improving vehicle and pedestrian traffic safety;
(D) To establish objective standards for regulating and controlling the design, construction, maintenance, number, and placement of signs within the City of Santa Paula;
(E) To balance freedom of expression with reasonable time, place, and manner restrictions for protecting public health, safety, and welfare;
(F) To establish, preserve, and promote specific areas within the city in order to support economic development; and
(G) To avoid creation of public nuisances when temporary signs are intentionally or unintentionally discarded.
(H) Nothing in this chapter is intended to, nor does it, regulate anything but the time, place, and manner that signs may be used within the city's jurisdiction.
(Ord. 1122, passed 10-18-04)
§ 16.48.020 APPLICATION OF THIS CHAPTER.
This chapter regulates signs placed on private and public property located within the City of Santa Paula. For signs on public property, this chapter applies only to public property not owned or controlled by the City of Santa Paula and over which the city may exert its land use regulations. Signs on public property owned or controlled by the city are subject to separate codes, regulations, or policies not set forth in this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.030 DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this article.
ABANDONED SIGN - Any sign that no longer advertises a business, tenant, owner, product, service, or activity on the site where the sign is displayed.
ACCESSORY SIGN - A permanently mounted sign that is designed to facilitate the announcement of credit cards, hours of business, or other incidental matters, and which does not announce or advertise the products, goods, or services directly related to the business conducted on the premises.
AGRICULTURAL SIGN - A sign which identifies any agricultural business, farm, or ranch use on the property on which it is placed or which advertises agricultural produce for sale on premises.
ANIMATED SIGN - A sign with action or motion, flashing, or color changes requiring electrical energy, but not including wind-actuated elements such as flags, banners, or specialty items, and public service signs such as time and temperature units.
BANNER - A strip of cloth, thin plastic, or other flexible material on which a sign is painted, printed, or otherwise displayed.
CAMPAIGN SIGN - A temporary freestanding sign erected for candidates or issues in an upcoming election.
CANOPY - A permanent roofed structure that provides shelter and that projects from a building wall or is supported by columns, such as false mansards, projecting facade facings, service station pump island shelters, and other architectural features which project from a building wall above a height of eight feet.
CANOPY SIGN - A sign attached to or constructed in a canopy. Those signs suspended beneath the canopy and perpendicular to the building facade are projecting signs.
CHANGEABLE COPY SIGN - A sign that has changeable copy, regardless of method of attachment or materials of construction.
Figure 48-4
Sign Types
CITY MANAGER - The City Manager or designee.
COMMERCIAL COPY or COMMERCIAL MESSAGE - A message displayed on a sign which pertains primarily to the name, location, products, or services of a for profit business or profession.
CONSTRUCTION PROJECT SIGN - A temporary sign stating the names of individuals or firms directly connected with the work on a building or facility under construction or alteration; a temporary sign announcing the future use of the property on which the sign is located.
DEALERSHIP - means the use of any building, land area, or other premises for the display and sale of new or used automobiles, panel trucks, vans, trailers, or recreation vehicles, including any repair service conducted as an accessory service.
DIRECTIONAL SIGN - On-site incidental signs designed to guide or direct pedestrian or vehicular traffic and which contain no matter specifying products or services.
DIRECTOR - the Planning Director, or designee.
EXEMPT SIGN - An allowable sign not requiring a permit under this chapter.
EXPIRED SIGN - A sign with a commercial message promoting an event for a certain date which passed by more than seven days.
FLAG - A piece of fabric, thin plastic, or other piece of flexible material, usually rectangular in shape, with a distinctive design used as a symbol or signaling device and usually displayed hanging free from a staff or pole to which it is attached by one side. FLAGS include, without limitation, pennants and streamers.
FREESTANDING SIGN - A sign not attached to a building but is instead supported from the ground by one or more poles or posts and with or without braces
and is permanently mounted in a fixed location and greater than six feet in height.
FREEWAY ORIENTED SIGN - A sign that is located and oriented to be primarily visible to motorists on a freeway or freeway ramp.
ILLUMINATED SIGN - A sign designed to emit or reflect artificial light, or a sign that uses a source of light to make characters or a message more readable.
INFLATABLE SIGN - An object made of an airtight material, generally greater than 18 inches in diameter at its widest point, filled with air or gas to form a three dimensional shape and used as a sign.
MAIN BUILDING - A building which is used for the principal use of the parcel upon which it is located or where a business' principal activity occurs. More than one main building may be located on a parcel.
MASTER SIGN PLAN - Plans and specifications establishing the design, materials, and placement of signs within a subdivision. MASTER SIGN PLANS are intended to help promote signs of superior quality and creativity in a particular area within the city. MASTER SIGN PLANS do not include temporary banners.
MONUMENT SIGN - A freestanding sign with a solid base, where the bottom of the sign is in contact with or close to the ground. Not greater than six feet in height.
MOVING SIGN - Any sign that has any visible moving parts, visible revolving parts, or visible mechanical movement. The definition includes signs that emit smoke, steam or vapors and signs that create an illusion of motion.
MURAL PAINTING - A large-scale painting either painted directly on or attached to the wall of a building such that it is an integral part of the wall.
NONCOMMERCIAL COPY - A message that pertains primarily to matters other than commercial products, services or activities.
NONCONFORMING SIGN - A sign that was legally erected before a change in applicable law and fails to conform to applicable law because of such change. A NONCONFORMING SIGN may fail to conform with current laws because of its type, size, location, display of motion, type of lighting, or other factor addressed in applicable law.
OFFSITE SIGN - A sign that identifies, advertises, or directs attention to businesses, buildings, occupancies, accommodations, goods, services, or activities supplied or originated outside of the specific establishment, property, or business or industrial complex where the sign is displayed. The onsite/offsite distinction applies only to commercial copy.
ON-SITE SIGN - A sign which identifies or promotes an establishment, business or building, accommodations, goods, services, commodities, or activities that are available or conducted within the specific establishment, property, or business or industrial complex where the sign is displayed. The onsite/offsite distinction applies only to commercial copy.
PERMITTED - Indicates that an allowable sign may be legally displayed only with a permit issued by the city. The definition includes alternative forms of the word such as "permissible" and "permittable."
PERMITTEE - A person or entity to which the city issues a permit pursuant to this chapter.
PORTABLE SIGN - A sign that by the nature of its construction or mounting is easily moved. A PORTABLE SIGN includes, without limitation, signs mounted on wheels, watercraft, and aircraft; signs that are leaned against another structure; signs held in place by gravity that are easily dislodged; signs easily detached from mounting devices; and signs that are held or mounted upon humans or animals.
PROJECTING SIGN - A sign that is attached to a wall and projects horizontally from a structure by more than 12 inches and uses the building wall as its primary source of support.
ROOF SIGN - Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
SIGN - Any structure, device, or material, temporary or permanent, fixed or portable, moving or stationary, whether located inside or outside a building, that is visible from any property where the primary purpose of the sign is to convey visual communication. SIGN does not include the following:
(1) Interior signs that are located entirely within an enclosed structure and not visible from the exterior;
(2) Building features that are only decorative or architectural and do not include lettering, trademarks, or moving parts;
(3) Symbols of noncommercial organizations or concepts including, without limitation, religious or political symbols when they are permanently integrated into the structure of a building;
(4) Items or devices of personal apparel, decoration or appearance including, without limitation, tattoos or makeup;
(5) Marks on tangible products that identify the maker, seller, provider or product, and that customarily remain attached to the product even after completion of a sale;
(6) Traffic, directional, emergency, warning or informational signs required or authorized by a government agency having jurisdiction;
(7) Public utility signs;
(8) Advertisements or banners mounted on duly licensed mass transit vehicles including, without limitation, buses and trains, that legally pass through the city;
(9) Grave stones or grave markers;
(10) Insignia located on legal vehicles and water craft including, without limitation, license plates, registration insignia, noncommercial messages, messages relating to the business for which the vehicle is an instrument or tool, and messages relating to the proposed sale, lease or exchange of vehicles or watercraft;
(11) Foundation stones and corner stones if cut into any masonry surface or inlaid to be part of a building when constructed of bronze or other incombustible material; and
(12) Newsracks and newsstands.
SIGN AREA - The face or display area of a sign, including its border only when the border carries or displays part of the message or copy.
SPECIAL EVENT - An event that is outside the scope of normal operation of an establishment. By way of example, not limitation, SPECIAL EVENTS may include short term sales or promotional events, grand opening or remodeling sales, and other, similar, types of events.
TEMPORARY FREESTANDING SIGN - Any temporary sign not attached to a building but is instead supported from the ground by one or more poles or posts and with or without braces, and is within the dimensions outlined in this Code (Temporary Freestanding Signs).
TEMPORARY SIGN - Any portable sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, wallboard, or other light materials with or without frames mounted in a nonpermanent manner.
TOTAL FIRST FLOOR FRONTAGE GLASS AREA - Total glass area of the first floor of a building or tenant bay. The glass area may include Plexiglas, plastic window sheeting, glass block and other clear or translucent window materials located on the front of the first floor of the building or tenant bay.
VEHICLES - All motorized, non-motorized, operable, non-operable, registered, or unregistered vehicles within the city's jurisdiction including, without limitation, wheeled vehicles, aircraft over which the city has regulatory jurisdiction, and watercraft. A vehicle does not include aircraft with a valid waiver from the Federal Aviation Administration for towing aerial signs pursuant to 14 Code of Federal Regulations § 91.311.
WALL SIGN - A sign fastened to or painted on the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of said wall. Such a sign does not project more than 12 inches from the building or structure wall, and any portion thereof above the building's roof peak, parapet, or facade does not exceed 30% of the height of the sign.
WINDOW SIGN - Any sign painted or affixed to the inside or outside of a window surface, or otherwise located within a building so as to be visible from the exterior of the building.
(Ord. 1122, passed 10-18-04; Am. Ord. 1172, passed 7-2-07)
§ 16.48.040 PERMIT REQUIRED.
Unless otherwise provided in this chapter, all signs displayed within the city must have a valid permit issued in accordance with the procedures in this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.050 OWNER CONSENT REQUIRED.
Before the city issues any permit pursuant to this chapter for a permanent sign, an applicant must provide written documentation that the building or property owner of the area upon which a proposed sign would be erected or displayed, consents to its placement. Signs that are exempt from the permit requirements of this chapter may be erected or displayed only with the building or property owner's consent.
(Ord. 1122, passed 10-18-04)
§ 16.48.060 MESSAGE SUBSTITUTION.
Noncommercial copy may be substituted for any commercial copy on any sign that is allowed by this chapter, whether permitted or exempt. Noncommercial copy of any kind may be substituted for any other type of noncommercial copy on any sign that is allowed by this chapter whether by permit or exemption. Message substitution may be made without any additional city approval or permitting. This section prevails over any more specific provision to the contrary within this chapter. The purpose of this section is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This section does not create a right to increase the total amount of signage on property, does not affect the permitting requirements of this chapter, and does not override terms and conditions in private contracts.
(Ord. 1122, passed 10-18-04)
§ 16.48.070 COMPLIANCE WITH APPLICABLE LAW.
All signs must comply with all applicable law including, without limitation, the uniform building, electrical, plumbing, mechanical, and grading codes, at the time the sign is constructed and mounted for display. Signs that are substantially rebuilt, remodeled, or refurbished, must conform to all codes in effect at the time such work occurs.
(Ord. 1122, passed 10-18-04)
§ 16.48.080 VARIANCES AND CONDITIONAL USE PERMITS.
Except as otherwise provided, all deviations from this chapter must comply with the variance procedures set forth in this code. Unless otherwise provided to the contrary, all sign regulations of planned development permits and conditional use permits are controlled by this chapter and must be processed without regard to the proposed message, content, or copy of proposed signs.
(Ord. 1122, passed 10-18-04)
§ 16.48.090 SIGN CLASSIFICATION.
The Director may classify every sign proposed to be erected within the city's jurisdiction in accordance with this chapter. Signs that do not clearly fall within one of the definitions provided by this chapter must be placed in a classification which the sign, based upon its design, location, physical characteristics, and purpose, most closely approximates. Unless appealed to the Planning Commission pursuant to this code, the Planning Director's decision is final.
(Ord. 1122, passed 10-18-04)
§ 16.48.100 SIGN MAINTENANCE.
All elements of signs including, without limitation, supports, poles, lights, and temporary construction materials, must be maintained in good and safe structural condition. Permittees, persons who erected or posted the sign, persons owning the property or building who granted permission for the sign to be erected or displayed, and the owner of the real property upon which the sign was erected or posted, regardless of that owner's knowledge of the sign, are all jointly responsible for sign maintenance. All successors in interest to these persons are equally responsible for sign maintenance.
(Ord. 1122, passed 10-18-04)
§ 16.48.110 OFFSITE SIGNS - GENERAL PROHIBITION.
Unless otherwise expressly permitted by this chapter, it is unlawful to construct or use any permanent structure for displaying offsite commercial messages.
(Ord. 1122, passed 10-18-04)
§ 16.48.120 MOVABLE AND TEMPORARY SIGNS - GENERAL PROHIBITION.
Unless otherwise expressly permitted by this chapter, all exterior signs must be permanently affixed to a building, permitted sign support, or firmly attached to the ground. Portable or moving signs with commercial copy are unlawful. Temporary signs are unlawful except as expressly allowed by this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.130 SIGN CONSTRUCTION - GENERAL PROHIBITIONS.
It is unlawful for signs to be constructed, erected, or displayed as follows:
(A) Sign supports - Signs may not be supported with exposed bracing, angle iron, guy wires, cables, or similar materials.
(B) Lighting - Signs may not include bare light bulbs over 15 watts that are visible from the front of the sign or beyond the property line. Neon or argon lamps are permissible.
(C) Overhead power lines - Signs may not be connected to visible overhead electrical power lines.
(Ord. 1122, passed 10-18-04)
§ 16.48.140 HAZARDOUS SIGNS.
It is unlawful to erect signs that are detrimental to public health or safety. Such hazardous signs include those that, because of design, construction lighting, or location:
(A) Could be reasonably mistaken for a traffic signal;
(B) Obstruct free and clear observation of any legal traffic sign, signal or device;
(C) Obstruct any door, window, or fire escape of buildings or impede pedestrian traffic over public rights-of-ways;
(D) Are attached to a standpipe or fire escape; or
(E) Otherwise poses a threat of death, damage, or injury to persons or property.
(Ord. 1122, passed 10-18-04)
§ 16.48.150 SIGNS IN CLEAR-SIGHT TRIANGLE AREA.
(A) It is unlawful to erect a sign within the clear- sight triangle area as described in this section. This prohibition is to ensure visibility for operators of motor vehicles, bicycles, and pedestrians on intersecting roadways.
(B) Within a clear-sight triangle area, signs may not extend above 36 inches in height, measured from the adjacent street, alley, or sidewalk grade (Figure 48-2). However, pole signs with a sign face that is at least eight feet above grade may be placed within a clear-sight triangle area.
(Ord. 1122, passed 10-18-04)
Figure 48-2
Clear-Sight Triangle Area
§ 16.48.160. SIGNS ON PUBLIC PROPERTY.
Unless otherwise provided by this chapter or by City Council resolution, it is unlawful to display signs on public property owned by the city.
(Ord. 1122, passed 10-18-04)
§ 16.48.170 WIND-ACTIVATED SIGNS.
Unless otherwise provided by this chapter, it is unlawful to erect, allow, or maintain wind-activated signs such as spinner, pennants, streamers, and balloons.
(Ord. 1122, passed 10-18-04)
§ 16.48.180 VEHICLE SIGNS.
(A) Except as otherwise provided by this chapter, vehicle signs are prohibited.
(B) This section does not apply to vehicle signs where the copy relates only to the business or establishment of which the vehicle itself is a part; pertains to the sale, rent, lease, or hiring of such vehicle; or is a noncommercial message.
(C) Vehicles displaying signs may not be parked in such a manner that they function primarily as commercial advertising devices. Vehicles may not be used as mounting or holding devices for commercial signs.
(Ord. 1122, passed 10-18-04)
§ 16.48.190 ANIMATED SIGNS AND ILLUMINATED SIGNS.
Unless otherwise provided by this code, it is unlawful to erect, allow, or maintain animated signs or illuminated signs that detrimentally affect surrounding property. This prohibition does not apply to neon and argon lamps designed for outdoor display.
(Ord. 1122, passed 10-18-04)
§ 16.48.200 ROOF SIGNS.
Unless otherwise provided by this chapter, it is unlawful to erect, allow, or maintain a roof sign. However, roofs with a slope varying more than 45 degrees from the horizontal plane are considered wall space. However, noncommercial temporary signs, whether using illumination or not, may be mounted on roofs in residential zones between November 14 and January 14 each year.
(Ord. 1122, passed 10-18-04)
§ 16.48.210 SIGNS FACING RESIDENTIAL AREAS.
(A) Unless otherwise provided in this chapter, it is unlawful to erect, allow, or maintain signs with commercial messages that face any residential area.
(B) This prohibition does not apply to commercial establishments that face streets designated as arterial in the city's general plan.
(C) Businesses that face a residential area, are not located on an arterial street, and do not have other street frontage for identification may obtain a permit for a sign facing the residential area. Permits issued for such signs, in addition to any other condition required by this chapter, are conditioned upon such signs not being illuminated; only on-site directional signs located on such businesses may be illuminated.
(Ord. 1122, passed 10-18-04)
§ 16.48.220 SOLAR ENERGY COLLECTION DEVICES.
It is unlawful to erect, allow, or maintain a sign that blocks or shadows solar energy collections devices from direct sun exposure in a manner inconsistent with any state or city regulation.
(Ord. 1122, passed 10-18-04)
§ 16.48.230 EXEMPT SIGNS.
Unless otherwise provided, the following are exempt signs:
(A) Accessory signs. Accessory signs in commercial and industrial zones. The total area of all such signs displayed by a single establishment may not exceed two square feet without a permit.
(B) Barber poles. Traditional barber poles bearing no advertising message.
(C) Construction project signs. Construction signs displayed on the same parcel as the project being developed or built during the time period beginning with the city's issuing a building permit and ending with the city's issuing of a certificate of occupancy for the last unit or portion of the building. Construction project signs must comply with the following:
(1) One sign in residential zones; two signs in all other zones;
(2) Signs may not exceed six square feet in residential zones; in all other zones, they may not exceed 16 square feet;
(3) Signs may not exceed more than three feet above where the roof line of the completed structure is located;
(4) All signs must be removed before a certificate of occupancy is granted for the last unit or portion of the project.
(D) Directional signs. Directional signs that do not include commercial copy. Signs must comply with the following:
(1) Signs cannot exceed an area of two square feet or a height of three feet;
(2) Not more than eight directional signs may be placed on a lot or building;
(E) Flags and flagpoles. Flags or similar devices with noncommercial images and symbols. Flags must comply with the following:
(1) Flags cannot exceed a maximum vertical dimension of five feet;
(2) Flags cannot exceed a maximum horizontal dimension of eight feet;
(3) All flags located on a lot cannot exceed a maximum cumulative area of 40 square feet;
(4) When flags are mounted on a pole, the height of the pole cannot exceed 30 feet above grade; and
(5) Not more than one flag pole may be placed on a lot.
(F) Historical site plaques. Plaques or signs designating a building as a historical structure.
(G) Legally required or authorized signs. Signs and notices required by or specifically authorized by law. Such signs must conform to the requirements of the authorizing law. When the law states a minimum size for such size, but no maximum size is stated, then the minimum size under the law is also the maximum size permitted by this chapter.
(H) Noncommercial group signs. Signs displaying the name(s) or message(s) of noncommercial organizations or groups may be displayed on private land. Such signs must comply with the following:
(1) Signs must be freestanding;
(2) Signs cannot exceed a maximum area of six square feet per display face;
(3) Signs cannot exceed a maximum number of two display faces;
(4) Signs cannot exceed a maximum height of eight feet;
(5) Signs may be illuminated, however signs may not include bare light bulbs over 15 watts that are visible from the front of the sign or beyond the property line. Neon or argon lamps are permissible;
(6) Signs must be located near entrances to the city from an arterial road or freeway and be oriented toward traffic as it enters the city;
(I) Noncommercial messages; residential uses. Noncommercial signs displayed in legal dwelling units. Signs must comply with the following:
(1) Signs cannot exceed a maximum cumulative area of six square feet;
(2) Signs cannot exceed a maximum height of eight feet;
(3) Not more than two noncommercial signs (except campaign signs) may be placed on a lot.
(4) Freestanding signs must be placed at least five feet back from the property line;
(5) Illuminated signs are prohibited.
(J) Professional and business shingles. Name plate signs for a professional office or a professional office within another establishment, or shingle type signs which announce the name and type of profession, business or activity. Signs must comply with the following:
(1) Signs must be displayed on the ground or second floor of a main building in all commercial and industrial zones;
(2) Signs cannot exceed three square feet in area;
(3) Signs must be fastened directly to the building or hang from an awning, building overhang or canopy, and may not extend beyond the property line; and
(4) Signs may not be displayed in a residential zone or on a residential use.
(5) Signs must comply with any master sign plans in place for the subject property.
(K) Public interest notices. Notices placed on bulletin boards or kiosks maintained by the state or other public entity for the purpose of displaying such notices.
(L) Public message signs. Signs displaying noncommercial messages for public information, such as designation of restrooms, telephone locations, smoking rules, and door openings. Such signs may not exceed three square feet in area.
(M) Real estate signs. Real estate signs as defined in Cal. Civ. Code § 713. Signs must comply with the following:
(1) Signs must be displayed on private real property;
(2) One sign may be placed on the real property to which it pertains in residential zones; four signs may be placed on the real property to which they pertain in all other zones;
(3) Signs cannot exceed six square feet in residential zones or 16 square feet for all other zones;
(4) Signs must be removed within 15 days after the advertised property is sold, rented or leased.
(N) Special events for charitable and other noncommercial groups and establishments. Moving and portable signs held by humans for the special events of charitable, nonprofit, and noncommercial organizations. Signs must comply with the following:
(1) Signs may be displayed only on the day of the actual special event;
(2) Signs cannot exceed six square feet in area;
(3) Not more than three such signs may be displayed for each location at which the special event takes place.
(O) Temporary freestanding signs. Temporary freestanding signs as regulated by this chapter.
(P) Temporary real estate directional signs. Signs that identify and provide directional information to any residential property that is offered for sale, or for rent for the first time. Signs must comply with the following:
(1) Signs must be located only along the most direct single route to the residential property along arterial streets;
(2) Not more than one sign is permitted at each intersection;
(3) Signs must be removed when the subject property is sold or, for temporary signs, when the event ends;
(4) Signs cannot exceed nine square feet in area;
(5) Signs cannot exceed five feet in height;
(6) Signs must not be displayed on public property.
(7) Relationship to applicable law: temporary real estate directional signs allowed under this section are in addition to those specifically allowed by state law.
(Q) Temporary window signs. A maximum of two temporary window signs are permitted for each single tenant building and one temporary window sign is permitted for each tenant within a multiple tenant building or complex. Up to 20% of the total window area per business may be covered with temporary window signs made of paper, cloth, plastic, cardboard, or similar temporary materials. Any temporary window sign must be either attached to the interior of the window, or of weatherproof paint affixed to the exterior of the window, or both. A temporary window sign may be displayed a maximum of 120 days per year, not to exceed 30 consecutive days. Signs may not obscure views into the business by law enforcement personnel.
(R) Time and temperature signs. Signs in commercial and industrial zones that indicate the time and temperature. Signs must comply with the following:
(1) Signs must not exceed 50% of the area permitted for wall signs;
(2) Signs may be illuminated signs.
(S) Warning signs. Signs displaying messages warning of danger are allowable if they do not exceed three square feet in area.
(T) Vending machine signs. Permanent signs painted on or attached to vending machines, gas pumps, ice containers or similar dispensing devices. Signs must be oriented primarily to pedestrians on the property and not toward the street. The sign message or copy must relate to the items vended by such machine. Vending machine signs may not display offsite commercial messages.
(Ord. 1122, passed 10-18-04; Am. Ord. 1159, passed 6-19-06)
§ 16.48.240 SIGN PERMITS.
Unless otherwise provided, sign permits are required for the following:
(A) For placing, erecting, moving, reconstructing, altering, or displaying of any sign or advertising display in the city;
(B) Structural, design, color, or illumination alterations to existing signs;
(C) Sign permits are not required for minor maintenance or minor repairs to existing legally erected signs. However, some repairs may still require building or electrical permits.
(Ord. 1122, passed 10-18-04)
§ 16.48.250 FEES.
(A) Except as otherwise provided by federal, state, or local laws, or other City Council authorized restrictions, all fees applicable to this chapter will be established by City Council resolution.
(B) Charges will be imposed for city services provided to a permittee. Such charges will be determined by the applicable servicing city department(s) and will be based on the actual cost incurred by the city in providing such services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and attorneys fees. Additional charges may be imposed to cover the cost of extraordinary permit investigation and staff costs, if the director determines this necessary.
(C) Fee waivers. Upon an applicant's request, the Director may, but is not required to, seek a fee waiver from the City Council for a permit. Fees may only be waived for the following applicants:
(1) Non-profit groups with current Internal Revenue Code 501(c)(3) status, government agencies, and public schools; or
(2) Community service groups or organizations without current Internal Revenue Code 501(c)(3) status where the City Council, by resolution, determines that the proposed sign provides services that meet community needs and it is in the public interest to waive such fees.
(Ord. 1122, passed 10-18-04)
§ 16.48.260 ADDITIONAL PERMIT REQUIREMENTS.
(A) Uniform code permits. If required by the uniform codes adopted by this code, for example, the building, electrical or plumbing codes, persons seeking to erect, attach, or install signs, must obtain a building permit, or other similar permit, before erecting, attaching, or installing such signs.
(B) Encroachment permit. If a sign requires an encroachment permit under this chapter, then the terms and conditions of the encroachment permit may be incorporated into the sign permit.
(Ord. 1122, passed 10-18-04)
§ 16.48.270 SINGLE PERMIT FOR MULTIPLE, RELATED SIGNS.
Where multiple copies of the same temporary sign will be simultaneously displayed, or when a series of temporary signs will change copy relating to the same subject matter, the Director may issue one permit for the entire set of temporary signs.
(Ord. 1122, passed 10-18-04)
§ 16.48.280 SUBSEQUENT PERMITS.
When an applicant seeks a sign permit for an illegal sign, the fee for such a sign permit will be doubled to cover the city's additional administrative expenses.
(Ord. 1122, passed 10-18-04)
§ 16.48.290 APPLICATION FOR PERMIT - FORM AND CONTENT.
Permit applications must be filed with the Director, in form prescribed by the Director, and contain all of the following information:
(A) The name, mailing address, and daytime and evening telephone numbers of the person filing the application;
(B) The name, mailing address, and daytime and evening telephone numbers of the owner of the property upon which the sign will be located;
(C) The written consent of the legal owner for the property on which the sign will be located and all lessees or persons having possession of the property;
(D) Three copies of a sign plan that includes the following information:
(1) A drawing of appropriate scale showing the entire property upon which the proposed sign would be displayed. The drawing must show property lines, abutting streets, and the location and dimensions of existing and proposed buildings and signs;
(2) An illustration of appropriate scale showing the proposed sign including its dimensions, area, materials, colors, and types of illumination;
(3) Structural and electrical details; and
(4) The address of the property upon which the sign will be displayed.
(E) With respect to any proposed sign that constitutes an "advertising display" as defined by Cal. Bus. & Prof. Code § 5202, and is intended to be placed or maintained within 660 feet from the edge of the right-of-way of any interstate or primary highway and the copy of which is visible from such interstate or primary highway, the applicant must submit reasonable evidence demonstrating compliance with or exemption from the regulations of the Outdoor Advertising Act (Cal. Bus. & Prof. Code §§ 5200 et seq.).
(Ord. 1122, passed 10-18-04)
§ 16.48.300 SUPPLEMENTAL INFORMATION REQUIRED BY THE DIRECTOR.
In addition to the information required in this chapter, applications for all permits authorizing a sign will include such supplemental information which the Director may find reasonably necessary, given the type of sign, in order to determine whether to approve or deny a permit authorizing such sign in the manner hereinafter provided by this chapter. Such additional information may not include the sign copy or content, but must only be related to non-communicative aspects of the proposed sign.
(Ord. 1122, passed 10-18-04)
§ 16.48.310 ACTION ON PERMIT APPLICATION - TIME FOR REVIEW.
The Director must determine whether or not an application is complete within 21 days after the application was first submitted. If deemed incomplete, the Director must provide written notice of incompleteness to the applicant and identify what is required to make the application complete. An applicant must make corrections to the application within 21 days after receiving notice to avoid paying a new application fee. If the Director fails to provide a notice of incompleteness within 21 days, then the application is deemed complete on the date of application.
(Ord. 1122, passed 10-18-04)
§ 16.48.320 ACTION ON PERMIT APPLICATION - PERMIT ISSUANCE.
(A) The Director must issue a permit if:
(1) The application was complete in accordance with this chapter;
(2) There are no grounds for denying the permit; and
(3) Applicant accepts the permit approval or conditional approval in writing.
(B) Use of any permit issued pursuant to this chapter must conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the Director to protect public safety or welfare.
(Ord. 1122, passed 10-18-04)
§ 16.48.330 ACTION ON PERMIT APPLICATION - PERMIT DENIAL.
A permit may be denied for the following reasons:
(A) The application is incomplete;
(B) The applicant failed to provide reasonable supplemental application information requested by the Director;
(C) The proposed sign does not conform with this code including, without limitation, provisions of the uniform codes adopted by reference;
(D) The applicant failed to obtain such additional permits as may be required by this code;
(E) Information submitted by the applicant is materially false;
(F) The applicant installed a sign in violation of this chapter and, at the time the permit application is submitted, such illegal sign was not rendered legal, removed, or listed in the application;
(G) There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) at the time of the application;
(H) The application is substantially the same as an application previously denied, unless:
(1) Twelve months elapsed since the date of the last application, or
(2) New evidence or proof of changed conditions is furnished in the new application;
(I) The applicant has not obtained any applicable use permit.
(Ord. 1122, passed 10-18-04)
§ 16.48.340 ALTERNATIVE PLACE OR MANNER.
If the Director denies a permit for a sign that would be acceptable by changing the sign's place or manner, then the Director will inform the applicant of such alternatives. Should the applicant accept the alternative place or manner, then the Director will issue a permit in accordance with this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.350 CRITERIA FOR PERMIT CONSIDERATION.
The Director's determination whether or not to issue a permit and, if issued, what conditions are placed in a permit, must be guided solely by the standards and criteria set forth in this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.360 GENERAL PERMIT CONDITIONS - INDEMNIFICATION AGREEMENT.
In addition to all other conditions, permittees must enter into a hold harmless agreement with the city which will, in part, indemnify the city, its officers, employees, and agents, from any liability arising from the permittee's sign in a form approved by the City Attorney's office.
(Ord. 1122, passed 10-18-04)
§ 16.48.370 TIME LIMIT.
Signs authorized by a permit issued pursuant to this chapter must be erected within one year of the issuance of the permit. Otherwise, such approval is null and void.
(Ord. 1122, passed 10-18-04)
§ 16.48.380 DISPLAY OF SIGN PERMIT NUMBER REQUIRED.
The sign permit number must be affixed to each approved sign so that the approval of the sign can be verified by field inspection. The permit number must be easily readable from ground level but does not have to be part of the sign face.
(Ord. 1122, passed 10-18-04)
§ 16.48.390 SUBSEQUENT CONDITIONS.
(A) Grounds for special permit subsequent conditions. The Director may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable.
(B) Notice of special permit subsequent conditions. Should subsequent conditions be required, the Director will serve written notice on the permittee of this decision.
(C) Except where otherwise provided, a permittee may seek review of imposition of subsequent conditions to the Director as provided in this chapter. The Director's decision is a final determination. There will be no right of City Council appeal.
(Ord. 1122, passed 10-18-04)
§ 16.48.400 PERMIT REVOCATION.
(A) The Director will revoke a sign permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable.
(B) The Director may revoke a sign permit when the permittee or sign violates the permit’s terms and conditions; provided, however, that the Director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time.
(Ord. 1122, passed 10-18-04)
§ 16.48.410 RIGHT OF ADMINISTRATIVE REVIEW.
Except as otherwise provided, an applicant may request administrative review of the Director's decision pursuant to this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.420 TIME FOR ADMINISTRATIVE REVIEW.
(A) Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the Director's decision is served on the applicant/permittee.
(B) If request is untimely, the Director may, nevertheless, extend the time for commencing such review for good cause shown.
(Ord. 1122, passed 10-18-04)
§ 16.48.430 COMMENCEMENT OF ADMINISTRATIVE REVIEW.
A request for administrative review will be on a form provided by the Director and contain the following information:
(A) The name, address and telephone number of the person making the request;
(B) A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued;
(C) A brief description of all grounds for making the request; and
(D) Such other information as may be required by the Director.
(Ord. 1122, passed 10-18-04)
§ 16.48.440 ADMINISTRATIVE REVIEW.
(A) Upon request for administrative review being filed, the Director will provide a copy of the notice to the City Manager within two business days.
(B) Upon receiving a request for review from the Director, the City Manager will review the request and, within ten days of receiving the request notice, provide the appellant with a written notification that:
(1) The Director's decision is affirmed;
(2) The Director's decision is modified;
(3) The Director's decision is reversed and a permit is issued or issued without special conditions.
(C) The City Manager may, but is not required to, conduct a hearing at a time and place determined at the City Manager's sole discretion.
(D) In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the Director's decision.
(Ord. 1122, passed 10-18-04)
§ 16.48.450 ADDITIONAL APPEALS.
Unless otherwise provided, an applicant may appeal the City Manager's decision to the Planning Commission within ten days of that decision as provided elsewhere in this code or by city policy and procedure. Appeals to the City Council may be accomplished as set forth in this code.
(Ord. 1122, passed 10-18-04)
§ 16.48.460 EXPEDITED REVIEW.
Pursuant to Cal. Civ. Proc. Code § 1094.8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in Cal. Civ. Proc. Code § 1094.8, or any successor statute or regulation.
(Ord. 1122, passed 10-18-04)
§ 16.48.470 MASTER SIGN PLAN - WHEN REQUIRED.
A master sign plan is required whenever:
(A) Three or more separate nonresidential tenant spaces are created on the same parcel;
(B) Four or more permanent non-exempt signs are proposed for a single use; or
(C) The Director determines that a master sign plan is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.) or when unique, creatively designed signs are being proposed and certain aspects of the sign's design (e.g., animation) might not otherwise be allowed.
(Ord. 1122, passed 10-18-04)
§ 16.48.480 PERMIT REQUIRED.
(A) As a part of any required Conditional Use Permit, Planned Development permit, or other discretionary permit process involving three or more separate nonresidential tenant spaces, a master sign plan must be submitted.
(B) The master sign plan must show the size, location, number, and design of all proposed signs, but need not show actual sign copy.
(C) A master sign plan does not exempt signs in the project from building permits.
(D) All signs subsequently erected on a property for which a master sign plan was approved must conform to that master sign plan.
(Ord. 1122, passed 10-18-04)
§ 16.48.490 FINDINGS.
To approve a master sign plan, the Planning Commission must find as follows:
(A) The master sign plan complies with the purpose of this chapter, including the sign design guidelines;
(B) Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development;
(C) The master sign plan contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and
(D) The master sign plan complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the master sign plan will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.500 REVISIONS TO MASTER SIGN PLANS.
Revisions to master sign plans may be approved by the Director if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval requires the Planning Commission approval.
(Ord. 1122, passed 10-18-04)
§ 16.48.510 CALCULATION OF SIGN AREA AND HEIGHT.
Sign area is calculated as follows and depicted in Figure 48-1:
Figure 48-1
Calculation of Sign Area
(A) Single-faced signs.
(1) For signs having a distinct border or boundary, sign area is calculated by multiplying the length times the width or the entire surface contained within the border, boundary, sign board, or sign face.
(2) For signs without distinct border or boundary, sign area is calculated by computing the area of a simple geometric figure consisting of not more than eight perpendicular lines which contains all of the writing, representation, emblem, or other display of the sign.
(B) Double-faced signs. For signs with two identical faces, arranged back to back in parallel planes, and where the sign faces are separated by no more than 24 inches, the sign area must be calculated for one side only.
(C) Multi-faced sign. For a sign with more than one face, where such sign does not meet the standard of a double-face sign described in this section, the area must be calculated by adding together the area of all sign faces visible from any one point.
(D) Measurement of sign height. Sign height is determined by measuring the distance from the base of the sign or sign pole at grade to the top of the highest attached component of the sign. Grade must be construed to be the lower of either:
(1) The existing grade before sign construction; or
(2) The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
(Ord. 1122, passed 10-18-04)
§ 16.48.520 DESIGN CRITERIA.
(A) Architectural context. Sign design must be compatible with the architectural design and details of the building the sign or signs serve, with other signs in the building, and with the business or activity that the sign or signs identify.
(B) Design elements. The following elements must be considered in sign design:
(1) Materials - Creativity in the use of materials is encouraged. Durable materials which are compatible in appearance to the building identified by the sign must be used.
(2) Colors - Sign colors must complement the building served, adjacent landscaping and buildings, and signs of adjacent businesses.
(3) Size - Sign size and height must be in scale with the building served and with surrounding buildings. Size and height must also be appropriate to the distance from which the sign is normally viewed.
(4) Letter style - Simple lettering styles must be used. Legibility must take priority over complexity in the design of the sign face.
(5) Placement - Monument and building- mounted signs are encouraged unless visibility, safety concerns, or site identification considerations dictate the use of a freestanding sign.
(6) Illumination - Illuminated signs must meet the standards specified in this chapter and the performance standards set forth in this code.
(Ord. 1122, passed 10-18-04)
§ 16.48.530 TEMPORARY SIGNS - GENERAL REQUIREMENTS.
(A) Except for non-commercial signs, and when otherwise allowed by this chapter, temporary signs may be displayed only upon private property for which the legal owner gave written consent to the display. Non-commercial temporary signs may be displayed with the legal owner's oral consent unless denied or revoked in writing by the owner.
(B) Persons placing temporary signs on display may not remove, damage, or block the view of any other signs, whether competing or not, and whether temporary or permanent which were placed on display at an earlier time.
(C) Temporary signs must be constructed and mounted in a manner so that they do not rip, shred, tear or blow away when exposed to normal weather conditions.
(D) Temporary signs may be displayed on city owned property only in accordance with City Council resolution.
(Ord. 1122, passed 10-18-04)
§ 16.48.540 TEMPORARY FREESTANDING SIGNS - WHERE PERMITTED.
Temporary freestanding signs are exempt signs and permitted in all zones subject to the regulations in this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.550 TEMPORARY FREESTANDING SIGNS - NUMBER AND TIME LIMITS.
(A) Residential zones. Two temporary freestanding signs per lot are permitted at all times. In addition, one temporary freestanding campaign sign is allowed for each political candidate or issue on each street frontage per lot. All campaign signs must be removed within seven days after the election for which they are intended. Such signs are in addition to all other signage allowed in this chapter.
(B) Commercial, industrial and open space zones. Two temporary freestanding noncommercial signs per lot are permitted at all times. In addition, one temporary freestanding campaign sign is allowed for each political candidate or issue on each street frontage per lot. All campaign signs must be removed within seven days after the election for which they are intended. Such signs are in addition to all other signage allowed in this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.560 TEMPORARY FREESTANDING SIGNS - HEIGHT, AREA, LOCATION, AND ILLUMINATION.
(A) Area. Each temporary freestanding sign in a residential zone may not exceed six square feet in sign area. Temporary freestanding noncommercial signs in all other zones may not exceed 12 square feet in sign area. Temporary freestanding campaign signs not exceeding 32 square feet in sign area are allowed in all zones.
(B) Height. The maximum height of a temporary freestanding sign is four feet. Temporary freestanding campaign signs may not exceed ten feet in height.
(C) Location. Signs may be placed in the front yard or side yard of any property, provided that the signs do not encroach into any public right-of-way.
(D) Lighting. Signs may not be illuminated.
(Ord. 1122, passed 10-18-04; Am. Ord. 1159, passed 6-19-06)
§ 16.48.570 TEMPORARY SIGNS - SPECIAL EVENTS.
(A) A business may obtain a temporary sign permit for special events, such as promotional events, grand opening, indoor arts & crafts shows, etc. Such a permit will allow the permittee to erect temporary signs, including inflatable objects. A maximum of five signs are allowed per special event. Permits for temporary signage related to a special event may be granted for not more than 60 days in any one calendar year. The total area of signage may not exceed the amount of wall signage that could be permitted for such a business.
(B) For temporary signs displayed before obtaining a temporary sign permit, the number of display days is calculated from the date on which the earliest displayed sign first went on display.
(Ord. 1122, passed 10-18-04)
§ 16.48.580 TEMPORARY SIGNS - LIMITED SPECIAL EVENT PARKING LOT SALES.
A business may obtain a temporary sign permit for special event parking lot sales such as outdoor promotional events, carnivals, etc. Commercially zoned properties conducting limited special event parking lot sales, as provided by this code, may display not more than five temporary signs, each with a maximum area not exceeding 12 square feet. The temporary signs allowed under this section may be displayed not more than four consecutive days.
(Ord. 1122, passed 10-18-04)
§ 16.48.590 TEMPORARY SIGNS - LOT AND SIDEWALK SALES.
Commercial establishments conducting lot and sidewalk commercial activities, as provided by this code, may display not more than two temporary signs. Signs may not exceed 12 square feet.
(Ord. 1122, passed 10-18-04)
§ 16.48.600 TEMPORARY SIGNS - REMOVAL REQUIREMENTS.
All temporary signs must be removed within two business days after the use concludes or when the permit expires, which ever is first in time.
(Ord. 1122, passed 10-18-04)
§ 16.48.610 DEALERSHIP SIGNS.
In addition to signage otherwise allowed and upon approval of a sign permit by the Director, dealerships located within the C-G, C-H, C/LI, LI and I zones may display banners, flags, pennant, streamers and similar devices pursuant to the following standards:
(A) Light poles. Each light pole within the dealership may display banners below the light fixtures having an area not greater than 40 square feet per side. If banners are mounted on more than two arms, the total area of all sides of the banners cannot exceed 80 square feet per light pole. A flag up to nine square feet may also be displayed atop each light pole. Flags cannot project more than six feet above the top of the light poles.
(B) Wall and fence banners. In addition to banners and flags otherwise allowed by this chapter, banners are allowed on walls, fences and between light poles. The total area of all such banners within a dealership cannot exceed 1200 square feet. Banners must be oriented for viewing primarily from arterial roads, freeways, or within the dealership, and not from adjacent residential neighborhoods.
(C) Vehicle displays. Each vehicle may have an inflatable sign or flag attached to it so long as it does not extend more than eight feet above the vehicle.
(D) Strings of flags. A dealership may display strings of flags, with material extending not more than 18 inches from the string. Strings of pennants and streamers are limited to one linear foot per foot of street or freeway frontage and cannot project more than 15 feet above the ground.
(E) All banners, inflatable signs, and flags must be kept clean and in a state of good repair at all times.
(Ord. 1122, passed 10-18-04)
§ 16.48.620 TRANSFERABILITY OF SIGNAGE RIGHTS.
(A) Wall signs and projecting signs for a single establishment. Signs for one establishment may not be transferred from one establishment to another even if both are located on the same property or share contiguous street frontages or adjacent areas within a building. Any single establishment may increase the otherwise allowable display area of any one permanent sign by up to 10% by transferring the same amount of display area from another sign which the establishment is allowed to display. This does not, however, allow the sign area on any one wall to exceed the per wall area limits set forth in this chapter.
(B) Freestanding signs. By private agreement between establishments, continuous street frontages may be combined to qualify for a freestanding sign, the display face of which may be shared by establishments contributing to the qualifying frontage.
(C) Unusual signs. Unless specifically prohibited, signs that are single, double, multi-faced, curved cylindrical, spherical, triangular or oddly shaped, may be permitted, provided they satisfy all other provisions of this code.
(Ord. 1122, passed 10-18-04)
§ 16.48.630 AGRICULTURAL, OPEN SPACE, AND RESIDENTIAL-AGRICULTURE ZONES.
Signs erected in the A-1 (Agricultural), R-A (Residential-Agriculture), and O (Open Space) zones must be constructed or erected in conformance with the standards specified in Table 48-2.
TABLE 48-2 Signs in Agricultural and Open Space Zones | ||||
Zone | Type of Sign and Number Permitted | Size Restrictions | Other Regulations | |
Maximum Area per Sign | Height Restrictions | |||
A-1 (Agricultural) and R-A (Residential- Agriculture) | 1 sign per business | 32 sf | 10 ft. | |
2 temporary signs per business | 6 sf | 10 ft. | Each sign must be securely affixed to a structure produce stand and must not be located within any public right-of-way or private road easement. | |
O (Open Space) | Either 1 freestanding sign or 1 monument sign per street or parking lot frontage | 32 sf | Freestanding: 12 ft. Monument: 6 ft. | |
Abbreviations: sf = square feet; ft. = feet
(Ord. 1122, passed 10-18-04)
§ 16.48.640 RESIDENTIAL ZONES.
Signs in the HR-PD (Hillside Residential Planned Development), R-1 (Single- family Residential), R-1a (Small Lot Single-family Residential), R-2 (Medium Density Multi-family Residential), R-3 (Medium-High Density Multi-family Residential), R-4 (High Density Multi-family Residential) and Mobile Home Park (MHP) zones may be constructed or erected in conformance with the standards specified in Table 48-3.
(Ord. 1122, passed 10-18-04)
§ 16.48.650 GENERAL PROHIBITIONS.
(A) Unless expressly allowed by this section, signs with commercial copy are prohibited in residential zones. Onsite commercial nonconforming signs may remain on display until the business ceases operation.
(B) Unless expressly allowed by this section, illuminated signs are prohibited. Temporary noncommercial signs may be displayed in residential neighborhoods during the time period between November 15 and January 5. Such displays may be illuminated and do not require a permit.
TABLE 48-3 Signs in Residential Zones by Type of Use | ||||
Use | Type of Sign and Number Permitted | Size Restrictions | Other Regulations | |
Maximum Area per Sign | Height Restrictions | |||
Single-family and Duplex Units | Residential Sign: 2 per lot | 2 sf. | No higher than 5 ft. above the average finished grade level of the lot or building site or 8 ft. above such level if mounted on a building wall. | Signs must not be constructed of reflective materials, but may be illuminated. However, the illumination source must not exceed 25 watts. |
Single-family and Duplex Units | 2 on-site directional signs (monument style only) | 80 sf. | 6 ft. above grade maximum | 1. On-site signs must not be located or project beyond the building site nor beyond the ultimate street line, if any. 2. No such sign may be located within 500 ft. of any freeway right-of-way. 3. The term of any permit for such signs is 18 months or when the last of the units in the subdivision is have been sold, whichever occurs first. 4. As a condition for issuing a building permit for such sign, the sign owner must provide the city with a written right of entry to the property. |
Single-family and Duplex Units | 2 off-site directional signs (monument only) | 36 sf for any combination of signs at a single location | 6 ft. above grade maximum | Off-site subdivision directional signs must be a minimum of 500 feet apart. |
Apartment, Condominiums, Townhomes, and similar developments | 1 wall sign per development for identification purposes only | 12 sf | 8 ft. maximum | 1.Such signs must not contain any commercial or advertising copy, other than the occupation of any occupant. 2.Signs may be constructed of reflective materials or illuminated. However, the illumination source must not exceed 25 watts. |
1 monument sign per street or parking lot frontage | 32 sf | 6 ft. maximum | ||
Public or Semi-public Uses in Residential Zone | 1 wall sign per development | 12 sf | 8 ft. maximum | Such signs must not contain any commercial or advertising copy. |
1 monument sign per street or parking lot frontage | 32 sf | 6 ft. maximum | ||
Abbreviations: sf = square feet; ft. = feet
(Ord. 1122, passed 10-18-04)
§ 16.48.660 COMMERCIAL ZONES.
(A) Provisions in this section apply to the Neighborhood Commercial (C-N), Commercial Office (C-O), General Commercial (C-G), and Highway Commercial (C-H) zones.
(B) Signs must be constructed or erected in conformance with the standards specified in Table 48-4.
TABLE 48-4 Signs in Commercial Zones | ||||
Zone/Use | Type of Sign and Number Permitted | Size Restrictions | Other Regulations | |
Maximum Area per Sign | Height Restrictions | |||
C-N (Neighborhood Commercial) | 1 canopy or 1 under- canopy sign per building entrance OR | Canopy: 0.5 sf per lineal foot of building frontage, with a maximum of 50 sf Under-canopy: 4 sf | Maximum of 2 ft. for sign face. Maximum of 18 inches projection above canopy fascia. | Clearance: 8 ft. minimum for pedestrian walkway and 14 ft. minimum for roadway |
1 freestanding pole sign per development OR | 20 sf | 12 ft. maximum | A Conditional Use Permit is required | |
1 monument sign per parking lot or street frontage; OR | 24 sf | 6 ft. maximum | None | |
1 projecting sign per development OR | 0.5 sf per lineal foot of building frontage, with a maximum of 12 sf | No sign must project above the roof peak, parapet wall, or facade of the building. No sign must project more than 6 ft. above floor level of the 2nd floor of any multi- story building. | 1. A projecting sign can only be used if no canopy, freestanding, or monument sign exists for the development. 2. Clearance: 8 ft. minimum for pedestrian walkway. 3. No sign must project outward from the face of the building wall or the building facade more than 5 ft. | |
C-N | 1 wall sign per building frontage | 1.0 sf per linear foot of building frontage, with a maximum of 50 sf | No such sign must project above the roof peak, parapet, wall, or facade of the building. | A total of 2 signs are permitted on corner lots or where 2 tenants occupy a parcel, provided that each sign not exceed 50% of the total allowable maximum wall sign area for the site. |
C-N | 2 permanent window signs | The total area of all window signs (temporary and permanent) must not cover more than 20% of the total window area | Commercial copy for permanent signs limited to business identification | |
C-O | 1 canopy or 1 under- canopy sign per building entrance OR | Canopy: 0.5 sf. per lineal foot of building frontage, with a maximum area of 50 sf. Under-canopy: 4 sf. | Maximum of 2 ft. for sign face. Maximum of 18 inches projection above canopy fascia. | Clearance: 8 ft. minimum for pedestrian walkway and 14 ft. minimum for roadway |
1 freestanding sign per development; OR | 24 sf. | 15 ft. | A Conditional Use Permit is required. | |
1 monument sign per parking lot or street frontage; OR | 32 sf. | 6 ft. | None | |
1 projecting sign per development OR | 0.5 sf per lineal foot of building frontage, with a maximum area of 12 sf. | No sign must project above the roof peak, parapet wall or facade of the building. No sign must project more than 6 ft. above floor level of the 2nd floor of any multi- story building. | 1. A projecting sign can only be used if no canopy, free- standing, or monument sign exists for the development. 2. Clearance: 8 ft. minimum for pedestrian walkway. 3. No sign must project outward from the face of the building wall or the building facade more than 5 ft. | |
1 wall sign per building frontage AND | 1.0 sf per linear foot of building frontage, with a maximum area of 50 sf | No such sign must project above the roof peak, parapet, wall, or facade of the building. | A total of 2 wall signs are permitted on corner lots or where 2 tenants occupy a parcel, provided that each sign not exceed 50% of the total allowable maximum wall sign area for the site. | |
C-O | 2 permanent window signs | The total area of all window signs (temporary and permanent) must not cover more than 20% of the total window area. | Commercial copy for permanent signs limited to business identification. | |
C-G (General Commercial) | 1 canopy or 1 under- canopy sign per building entrance OR | Canopy: 0.75 sf per lineal foot of building frontage, with a maximum area of 50 sf. Under-canopy: 4 sf. | Maximum of 2 ft. for sign face. Maximum of 18 inches projection above canopy fascia. | Clearance: 8 ft. minimum for pedestrian walkway and 14 ft. minimum for roadway |
1 projecting sign per development AND | 0.75 sf per lineal foot of building frontage, with a maximum of 18 sf | No sign must project above the roof peak, parapet wall or facade of the building. No sign must project more than 6 ft. above floor level of the 2nd floor of any multi- story building. | 1. A projecting sign can only be used if no canopy sign exists for the development. 2. Clearance: 8 ft. minimum for pedestrian walkway. 3. No sign must project outward from the face of the building wall or facade more than 5 ft. | |
Either 1 freestanding sign per development or 1 monument sign per parking lot or street frontage; AND | Freestanding: 24 sf Monument: 32 sf | Freestanding: Height of building or 35 ft., whichever is less Monument: 6 ft. | A Conditional Use Permit is required for a freestanding sign. | |
1 wall sign per building frontage | 1.0 sf per linear foot of building frontage, with a maximum area of 50 sf | No sign must project above the roof peak, parapet wall or facade of the building. | A total of 2 wall signs are permitted on corner lots or where 2 tenants occupy a parcel, provided that each sign not exceed 50% of the total allowable maximum wall sign area for the site. | |
C-G | 2 permanent window signs | The total area of all window signs (temporary and permanent) must not cover more than 20% of the total window area. | Commercial copy for permanent signs limited to business identification. | |
C-H (Highway Commercial) | 1 canopy or 2 under- canopy signs per building entrance OR | Canopy: 1.0 sf per linear foot of building frontage, with a maximum area of 75 sf Under-canopy: 4 sf | Maximum of 2 ft. for sign face. Maximum of 18 inches projection above canopy fascia. | Clearance: 8 ft. minimum for pedestrian walkway. |
1 projecting sign per development AND | 1.0 sf per lineal foot of building frontage, with a maximum area of 24 sf. | No sign must project above the roof peak, parapet wall or facade of the building. No sign must project more than 6 ft. above floor level of the 2nd floor of any multi- story building. | 1. A projecting sign can only be used if no canopy sign exists for the development. 2. Clearance: 8 ft. minimum for pedestrian walkway. 3. No sign must project outward from the face of the building wall or the building facade more than 5 ft. | |
Either 1 free- standing sign per development; OR | 24 sf | Height of building or 45 ft., whichever is less | A Conditional Use Permit is required. | |
1 monument sign per parking lot or street frontage; AND | 32 sf | 6 ft. | None | |
C-H | 1 wall sign per building frontage | 1.5 sf per linear foot of building frontage, with a maximum area of 150 sf | No sign must project above the roof peak, parapet wall or facade of the building. | A total of 2 wall signs are permitted on corner lots or where 2 tenants occupy a parcel, provided that each sign not exceed 50% of the total allowable maximum wall sign area for the site.
|
Central Business District
(C) Provisions in this section apply to the CBD (Central Business District) zone.
(D) Unless otherwise provided, a maximum of two signs are permitted for any one business.
(E) Signs must be constructed or erected in conformance with the standards specified in Table 48-5.
TABLE 48-5 Signs in the Central Business District | ||||
Zone/Use | Type of Sign and Number Permitted | Size Restrictions | Other Regulations | |
Maximum Area per Sign | Height Restrictions | |||
CBD (Central Business District) | Canopy sign: 2 per building frontage. | 1 sf per linear foot of building frontage. Sign area must not exceed 50% of the total fascia area | Maximum letter height of 8 inches. Maximum of 18 inches projection above canopy fascia. | 1. Clearance: 8 ft. minimum for pedestrian walkway. 2. Internal or "back- lit" illumination is prohibited. 3. Sign must be integrated into the design of the awning or canopy. |
Flush-mounted or painted wall sign: 1 per building frontage. | 1 sf per linear foot of building frontage, with a maximum of 50 sf | Maximum letter height of 18 inches. | 1. Sign must be located on the building face in area specifically intended for signage, or where such signage will appear integral to the building design. 2. Sign must not block or cover any significant architectural feature of the building. 3. Total lettered space must not exceed 65% of total sign area. 4. "Can" or cabinet type wall signs are not permitted. | |
Zone/Use | Type of Sign and Number Permitted | Size Restrictions | Other Regulations | |
Maximum Area per Sign | Height Restrictions | |||
CBD (Central Business District) (Continued) | Projecting sign: 1 per building frontage. | 24 sf. | 6 ft. | 1. If a single-tenant projecting sign exceeds a 2-ft. width, a minimum height-to-width ratio of 2:1 must be maintained. 2. If a hanging sign is used below an awning or fixed canopy, a width- to-height ratio of at least 2:1 must be maintained. 3. Overall height of multi-tenant projecting signs must not exceed 6 ft. Individual signs must not exceed 18 inches in height. 4. The sign may be directly attached to the building face or suspended from decorative brackets. 5. The sign and structural supports must be designed as a compatible unit and be attached to the building in manner that will not damage or compromise the building character. |
2 permanent window signs | The total area of all window signs (temporary and permanent) must not cover more than 20% of the total window area. | Commercial copy for permanent signs limited to business identification. | ||
Zone/Use | Type of Sign and Number Permitted | Size Restrictions | Other Regulations | |
Maximum Area per Sign | Height Restrictions | |||
Menu boards: 1 per table allowed under a sidewalk café permit. | A maximum of 2 ft x 2 ft per sign. | 1. Permitted only as part of a sidewalk café permit. 2. Signage on the menu board is limited to the name of the business and the items to be sold. 3. Sign location must not obstruct any doorway or be located within the 5 ft pedestrian pathway identified in the sidewalk café permit. 4. Menu boards must not be included in the calculation of sign area. | ||
Abbreviations: sf = square feet; ft = feet
(Ord. 1122, passed 10-18-04; Am. Ord. 1159, passed 6-19-06; Am. Ord. 1172, passed 7-2-07)
§ 16.48.670 INDUSTRIAL ZONES.
Signs erected in the C/LI (Commercial/Light Industrial), LI (Light Industrial) and I (Heavy Industrial) zones must be constructed or erected in conformance with the standards specified in Table 48-6.
Table 48-6 Signs in Industrial Zones | ||||
Zone/Use | Type of Sign and Number Permitted | Size Restrictions | Other Regulations | |
Maximum Area per Sign | Height Restrictions | |||
C/LI (Commercial/ Light Industrial) | 1 canopy or 1 under- canopy sign per building entrance OR | Canopy: 1 sf per linear foot of building frontage, with a maximum area of 75 sf Under-canopy: 4 sf | Maximum of 2 ft. for sign face. Maximum of 18 inches projection above canopy fascia | Clearance: 8 ft. minimum for pedestrian walkway. |
1 projecting sign per development AND | 1.0 sf per lineal foot of building frontage, with a maximum area of 24 sf | No sign must project above the roof peak, parapet wall or facade of the building. No sign must project more than 6 ft. above floor level of the 2nd floor of any multi- story building. | 1. A projecting sign can only be used if no canopy sign exists for the development. 2. Clearance: 8 ft. minimum for pedestrian walkway. 3. No sign must project outward from the face of the building wall or the building facade more than 5 ft. | |
Either 1 freestanding sign per development OR | 24 sf | Height of building or 30 ft., whichever is less | A Conditional Use Permit is required. | |
1 monument sign per parking lot or street frontage AND | 32 sf | 6 ft. | ||
Zone/Use | Type of Sign and Number Permitted | Size Restrictions | Other Regulations | |
Maximum Area per Sign | Height Restrictions | |||
C/LI | 1 wall sign per building frontage | 1.5 sf per lineal foot of building frontage, with a maximum area of 150 sf | Such signs must not project above the roof peak, parapet, wall, or facade of the building. | A total of 2 wall signs are permitted on corner lots or where 2 tenants occupy a parcel, provided that each sign not exceed 50% of the total allowable maximum wall sign area for the site. |
2 permanent window signs | The total area of all window signs (temporary and permanent) must not cover more than 20% of the total window area. | Commercial copy for permanent signs limited to business identification. | ||
LI (Light Industrial) | 1 canopy or 1 under- canopy sign per building entrance OR | Canopy: 0.75 sf per lineal foot of building frontage, with a maximum area of 75 sf Under-canopy: 4 sf. | Maximum of 2 ft. for sign face. Maximum of 18 inches projection above canopy fascia. | Clearance: 8 ft. minimum for pedestrian walkway. |
1 projecting sign per development AND | 0.75 sf per lineal foot of building frontage, with a maximum area of 18 sf. | No sign must project above the roof peak, parapet wall or facade of the building. No sign must project more than 6 ft. above floor level of the 2nd floor of any multi- story building. | 1. A projecting sign can only be used if no canopy sign exists for the development. 2. Clearance: 8 ft. minimum for pedestrian walkway. 3. No sign must project outward from the face of the building wall or the building facade more than 5 ft. | |
Either 1 freestanding sign per development OR | 24 sf. | Height of building or 30 ft., whichever is less | A Conditional Use Permit is required. | |
1 monument sign per parking lot or street frontage; AND | 32 sf. | 6 ft. | ||
Zone/Use | Type of Sign and Number Permitted | Size Restrictions | Other Regulations | |
Maximum Area per Sign | Height Restrictions | |||
1 wall sign per building frontage | 1.0 sf per linear foot of building frontage, with a maximum area of 100 sf. | Such signs must not project above the roof peak, parapet, wall, or facade of the building. | A total of 2 wall signs are permitted on corner lots or where 2 tenants occupy a parcel, provided that each sign not exceed 50% of the total allowable maximum wall sign area for the site. | |
I (Industrial) M-1 (Manufacturing) | 1 canopy or 2 under- canopy signs per building entrance OR | Canopy: 1.0 sf per linear foot of building frontage, with a maximum area of 100 sf Under-canopy: 4 sf. | Maximum of 2 ft. for sign face. Maximum of 18 inches projection above canopy fascia | Clearance: 8 ft. minimum for pedestrian walkway. |
1 projecting sign per development | 1.0 sf per lineal foot of building frontage, with a maximum area of 24 sf. | No sign must project above the roof peak, parapet wall or facade of the building. No sign must project more than 6 ft. above floor level of the 2nd floor of any multi- story building. | 1. A projecting sign can only be used if no canopy sign exists for the development. 2. Clearance: 8 ft. minimum for pedestrian walkway. 3. No sign must project outward from the face of the building wall or the building facade more than 5 ft. 4. Where more than 1 sign is permitted per lot or site, the cumulative total sign area must not exceed 1.0 sf per lineal foot of building frontage. | |
Either 1 freestanding sign per development OR | 24 sf. | Height of building or 30 ft., whichever is less | A Conditional Use Permit is required. | |
Zone/Use | Type of Sign and Number Permitted | Size Restrictions | Other Regulations | |
Maximum Area per Sign | Height Restrictions | |||
I, M-1 | 1 monument sign per parking lot or street frontage AND | 32 sf. | 6 ft. | None |
1 wall sign per building frontage | 1.0 sf per linear foot of building frontage, with a maximum area of 100 sf. | No such sign must project above the roof peak, parapet, wall or facade of the building. | A total of 2 wall signs are permitted on corner lots or where 2 tenants occupy a parcel, provided that each sign not exceed 50% of the total allowable maximum wall sign area for the site. | |
Abbreviations: sf = square feet; ft - feet
(Ord. 1122, passed 10-18-04; Am. Ord. 1172, passed 7-2-07)
§ 16.48.680 ABATEMENT REQUIREMENTS.
Notwithstanding any other provisions of this chapter, all signs legally and lawfully existing before the effective date of this chapter that do not comply with its provisions are nonconforming. All nonconforming signs must be removed or modified to comply with the provisions of this chapter in accordance with the procedures established herein.
(Ord. 1122, passed 10-18-04)
§ 16.48.690 CONTINUATION AND MAINTENANCE.
(A) A nonconforming sign may only be displayed and maintained as set forth in this chapter.
(B) Nonconforming signs must be maintained and repaired as set forth in this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.700 RESTRICTIONS ON EXISTING SIGNS.
Any nonconforming sign may be continued in operation and maintained after the effective date of this chapter. However, nonconforming signs must not be:
(A) Replaced with another nonconforming sign;
(B) Moved to another location on the property or to another property;
(C) Structurally altered as to extend the useful life of the sign;
(D) Expanded or enlarged; or
(E) Re-established after damage or destruction of more than 50% of the sign value, as determined by the Director at the time of such damage or destruction, unless required by law or unless such move, alteration, enlargement, or re-establishment will result in the elimination of the nonconformity.
(Ord. 1122, passed 10-18-04)
§ 16.48.710 ABATEMENT SCHEDULE.
All nonconforming signs must be discontinued, removed from their sites, or altered to conform to the requirements of this chapter within the time schedules specified in Table 48-7.
TABLE 48-7 Nonconforming Sign Abatement Schedule | |
Type of Nonconforming Sign | Abatement Schedule |
1. Animated, illuminated, or moving signs | Within 1 year of the date that the sign becomes nonconforming |
2. Wall signs | Within 2 years of the date that the sign becomes nonconforming |
3. All other nonconforming signs | Within 5 years of the date that the sign becomes nonconforming |
(Ord. 1122, passed 10-18-04)
§ 16.48.720 NONCOMPLIANCE UNLAWFUL.
If at the expiration of the time specified for removal or modification, such removal or modification has not been completed, such sign is declared to be a public nuisance. Abatement, or other enforcement action, may proceed using the procedures set forth in this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.730 COMPLIANCE REQUIRED FOR BUILDING PERMIT ISSUANCE.
No building permit may be issued with respect to any property for a use conforming to the provisions of this code until any nonconforming sign or any sign illegally maintained on the property is removed or modified to comply with the provisions of this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.740 INVENTORY.
All existing illegal on-premises signs and abandoned signs must be inventoried and identified as required by Cal. Bus. & Prof. Code § 5491.1. The inventory and identification must commence within six months from the date this chapter becomes effective. Within 60 days after the six-month period, the city may commence abatement of the identified preexisting illegal and abandoned on-premises advertising displays.
(Ord. 1122, passed 10-18-04)
§ 16.48.750 UNSAFE SIGNS.
Unsafe signs may be removed by the city without prior notice. Alternatively, the Director may issue a notice of violation and give the permittee, property owner or person in possession and control of the property 15 days to cure the violation. In the case of an unsafe sign removed by the city, the costs of such removal and storage are borne by the permittee, property owner, or person in possession and control of the property, as applicable, and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city may be released until the costs of removal and storage are paid. If an unsafe sign remains unclaimed for a period of 30 days after notice of removal is sent to the permittee, property owner, or person in possession and control of the property, it is deemed to be unclaimed personal property and disposed of in accordance with the law.
(Ord. 1122, passed 10-18-04)
§ 16.48.760 ILLEGAL SIGNS.
Any illegal sign must be removed or brought into conformity by the permittee, property owner, or person in possession and control of the property following written notice from the Director. Such notice must specify the nature of the violation, order the cessation thereof and require either the removal of the sign or performance of remedial work in the time and manner specified by the notice. The time for removal or repair may not be less than 15 days from the date of mailing the notice. The Director's order may be appealed to the Planning Commission in the manner provided by this code. Should the order be appealed to the Planning Commission, which, following a hearing, upholds the Director's order, the city need not follow the abatement procedures set forth below to abate the sign.
(Ord. 1122, passed 10-18-04)
§ 16.48.770 LEGAL NONCONFORMING SIGNS - SPECIAL CIRCUMSTANCES.
The city cannot require any legal nonconforming sign to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the business premises and at a location necessary for continued public visibility at the height or size at which the sign was previously erected pursuant to all applicable codes, regulations and permits. Such signs are deemed to be in conformance with this chapter.
(Ord. 1122, passed 10-18-04)
§ 16.48.780 ABATEMENT OF SIGNS.
Whenever the permittee, property owner, or person in possession or control of the property fails to comply with a director's order requiring compliance with this chapter, the city may abate any such sign in the following manner:
(A) Declaration of nuisance. The City Council may declare, by resolution, as public nuisances and abate all illegal signs within its jurisdiction. The resolution must describe the property upon which or in front of which the nuisance exists by stating the lot and block number according to the County Assessor's map and street address, if known. Any number of parcels of private property may be included in one resolution.
(B) Notice of hearing. Before the City Council adopts the resolution, the City Clerk must mail not less than ten days' written notice to all persons owning the property described in the proposed resolution as determined by the last equalized assessment roll available on the date the notice is prepared. In addition, the notice must be sent to all known persons, if any, in possession or control of such property if their names are different from those appearing on the assessment roll, and to the permittee, if any. The notice must state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegal sign.
(C) Posting of notice.
(1) After a resolution is adopted, the enforcement officer must cause notices to be conspicuously posted on or in front of the property on or in front of which the illegal sign exists.
(2) Notice must be substantially in the following form:
NOTICE TO REMOVE ILLEGAL SIGN
Take Notice that on the day of , 20 , the Santa Paula City Council adopted a resolution declaring that an illegal sign is located on or in front of this property which constitutes a public nuisance. The sign must be abated by being removed. Failure to remove the sign will result in the City taking action to remove it. The cost of such removal will be assessed upon the property from or in front of which the sign is removed and will constitute a lien upon the property until paid. Refer to the resolution for further particulars. A copy of this resolution is on file in the office of the City Clerk. All property owners having any objection to the proposed removal of the sign are notified to attend a meeting of the City Council of the City of Santa Paula to be held on at a.m./p.m. at ( location ), when their objections will be heard and given due consideration.
Dated this day of , 20 .
City Clerk
City of Santa Paula
(3) This notice must be posted at least ten days before the time for hearing objections by the City Council.
(D) Written notice of proposed abatement.
(1) In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council must direct the City Clerk to mail written notice of the proposed abatement to the all persons owning the property described in the resolution. The City Clerk must cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the City Council adopted its resolution.
(2) The City Clerk must confirm with the County Assessor the names and addresses of all the persons owning the property described in the resolution. The address of a property owner shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. If the County of Ventura poses any charges upon the city for the actual costs of furnishing the list, the city will reimburse the county and such costs shall be a part of the cost of abatement assessed against the property owner.
(3) The notices mailed by the City Clerk must be mailed at least ten days before the time for hearing objections by the City Council. The notices mailed by the Clerk must be substantially in the form of notice set forth above.
(E) Hearing--Continuances--Objections--Finality of decision--Order to abate.
(1) At the time stated in the notices, the City Council will hear and consider all objections to the proposed removal of the sign. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the City Council will allow or overrule any objections. At that time, the city acquires jurisdiction to proceed and perform the work of removal.
(2) The City Council's decision is final. If objections have not been made, or after the City Council has disposed of those made, the Council will order the enforcement officer to abate the nuisance by having the sign removed. The order must be made by motion or resolution.
(F) Entry upon private property. The enforcement officer or city contractor may enter private property to abate the nuisance.
(G) Removal by owner--Special assessment and lien for costs. Before the enforcement officer takes action, the property owner or person in possession or control of the property may remove the illegal sign at the owner's own cost and expense. Notwithstanding such action, in any matter in which an order to abate was issued, the City Council may, by motion or resolution, further order that a special assessment and lien be limited to the costs incurred by the city in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, legal and other related costs.
(H) Cost of abatement; itemization.
(1) The enforcement officer will keep an account of the cost of abatement of an illegal sign. Such officer must submit to the City Council, for confirmation, an itemized written report showing that cost.
(2) A copy of the report must be posted at least three days before being submitted to the City Council, on or near the City Council chambers door, with notice of the time of submission.
(3) At the time fixed for receiving and considering the report, the City Council will hear it with any objections of the property owners liable to be assessed for the abatement. The City Council may modify the report if it is deemed necessary. The City Council may then confirm the report by motion or resolution.
(I) Abatement by contract. The nuisance may, in the sole discretion of the City Council, be abated by performance on a contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract must keep an itemized account and submit such itemized written report for each separate parcel of property required by this section.
(J) Special assessment and lien.
(1) The cost incurred by the city in enforcing abatement upon the parcel or parcels, including investigation, boundary determination, measurement, clerical, legal or other related costs, are a special assessment against that parcel. After the assessment is made and conformed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the Ventura County Recorder. In the event any real property to which a lien would attach was transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide encumbrancer for value was created and attaches thereon, before the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this section will not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property will be transferred to the unsecured roll for collection.
(2) Upon confirmation of the report, a copy must be given to the County Assessor and Tax Collector, who will add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.
(3) The city must file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year. The description of the parcels reported must be those used for the same parcels on the Ventura County Assessor's map books for the current year.
(4) The city may request the County Auditor to enter each assessment on the county tax roll opposite the parcel of land.
(5) The city will further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. Any delinquencies in the amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes.
(6) The city acknowledges that the County Tax Collector may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. It is further acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of county taxes apply to these special assessments.
(K) Issuance of receipts for abatement costs. The enforcement officer may receive the amount due on the abatements costs and issue receipts at any time after the confirmation of the report and until ten days before a copy is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August 1 following the confirmation of the report.
(L) Refund of assessments. The City Council may order a refund of all or part of an assessment pursuant to this section if it finds that all or part of the assessment was erroneously levied. An assessment, or part thereof, will not be refunded unless a claim is filed with the City Clerk on or before November 1 after the assessment has become due and payable. The claim must be verified by the person who paid the assessment or by the person's guardian, conservator, executor or administrator.
(Ord. 1122, passed 10-18-04)