Loading...
HomeMy WebLinkAboutAGENDA REPORT 1992 0415 CC REG ITEM 09FITEM ' MOORPARK 799 Moorpark Avenue Moorpark, California 93021,_„ (F0) 529 -6864 M E M O R A N D U M B TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development T, DATE: April 6, 1992 (CC Meeting of 4- 15 -92) SUBJECT: AMENDMENT TO ARTICLE 10 OF ZONING CODE PERTAINING TO SIGNS IN PUBLIC RIGHT —OF —WAY Background On April 1, 1992, the City Council adopted a resolution directing the Planning Commission to set a public hearing and provide a recommendation regarding amending Article 10, Sign Requirements, of Division 8 of Chapter 1 (Zoning Code) of the Moorpark Municipal Code pertaining to signs in public right -of -way. The Council initiated this Zoning Code amendment because Sections 8110 -4.1 and 8110.5.4.1 of Article 10 are currently conflict' ing. Discussion After analyzing the necessary revisions to Article 10 to eliminate inconsistencies regarding signs in public right -of -way, staff determined that numerous revisions would be required. For example, if all signs within the public right -of -way are prohibited, signs which project or hang over the public sidewalk area in the downtown area could not be allowed. Also, a flat prohibition against signs in the public right -of -way would make it illegal to place a sandwich, "A" frame type sign within the sidewalk area in the downtown area. Staff, therefore, provided the Planning Commission with the types of revisions which would be required to Article 10 to more clearly identify what types of signs could be permitted and what types of signs should be clearly prohibited in the public right -of -way (refer to Attachment 2, Planning Commission Staff Report). Due to the numerous revisions that would be required to Article 10, staff recommended to the Planning Commission that their public hearing be continued until such time that they set a public hearing to comprehensively review Article 10 consistent with a resolution adopted by the City Council at your April 1, 1992 meeting. PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Pnnted On Recycled Pane, The Honorable City Council April 6, 1992 Page -2- On April 6, 1992, the Planning Commission adopted a resolution (Attachment 1) recommending that the City Council continue its scheduled April 15, 1992, public hearing regarding signs in public right -of -way until after such time as the Planning Commission studies and holds a public hearing to review all of the Zoning Code Article 10 sign regulations to allow a more comprehensive approach for required amendments. Recommendation 1. Planning Commission Recommendation: Refer to attached Planning Commission Resolution (Attachment 2). 2. Staff Recommendation: That the City Council open and close the public hearing and take this matter off the calendar until the Planning Commission completes its review and recommendation. Attachments: Attachment 1 - Planning Commission Resolution .- Attachment 2 - Planning Commission Staff Report dated 3 -27 -92 PJR /DST ATTACHMENT 1 ,-- RESOLUTION NO. PC -92 -261 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CONTINUE ITS SCHEDULED PUBLIC HEARING TO CONSIDER AMENDING ARTICLE 10, OF THE ZONING CODE PERTAINING TO SIGNS IN PUBLIC RIGHT -OF -WAY WHEREAS, at a duly noticed public hearing on April 6, 1992, the Moorpark Planning Commission considered a proposed amendment to Article 10, Division 8, Chapter 1 (Zoning Code) of the Moorpark Municipal Code pertaining to revising regulations for signs in public right -of -way; and WHEREAS, the City Council on April 1, 1992, initiated Planning Commission review of all of Article 10, Sign Regulations, Moorpark Zoning Code; and WHEREAS, at its meeting of April 6, 1992, the Planning Commission considered said proposed amendment to Article 10 of the Zoning Code pertaining to signs in public right -of -way at a public hearing, and continued the public hearing until such time that the Planning Commission sets a public hearing to comprehensively review all of Article 10; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission hereby recommends that the City Council continue its scheduled April 15, 1992, public hearing regarding amending Article 10 of the Zoning Code pertaining to signs in public right -of -way until after such time as the Planning Commission studies and holds a public hearing to review all of the Article 10 sign regulations to allow a more comprehensive approach for required amendments. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioners May, Miller, Torres, and Brodsky and Chairman Wesner NOES: None ABSTAIN: None ABSENT: None Resolution No. PC -92 -261 Page 2 PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF APRIL, 1992. Chairman: Michael H. Wesner, Jr. ATTEST: Celia La Fleur Secretary ATTACHMENT 2 MOORPARK ITEM g. � . 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CITY OF MOORPARK -.:. PLANNING COMMISSION STAFF REPORT - March 27, 1992 SECTION I - GENERAL INFORMATION A. HEARING DATE: B. HEARING TIME: April 6, 1992 7:00 p.m. C. HEARING LOCATION: D. CASE NO.: City Council Chambers Amendment to Article 10 of 799 Moorpark Avenue Zoning Code Pertaining to Moorpark, CA 93021 Signs in Public R/W E. STAFF CONTACT: F. APPLICANT: Deborah S. Traffenstedt City Initiated Senior Planner G. PROPOSED PROJECT: Amendment to Article 10, Sign Requirements, of Division 8 of Chapter 1 (Zoning Code) of Moorpark Municipal Code pertaining to signs in public right -of -way. The City Council has initiated an amendment to the City Zoning Code to revise current regulations pertaining to signs in public right -of- way. The intent of the revisions is to more clearly identify signs which are prohibited. H. REQUESTED ACTION AND STAFF RECOMMENDATION: 1. Open the public hearing and accept public testimony. 2. Review environmental determination that proposed Zoning Code amendments are exempt from the California Environmental Quality Act (CEQA) based upon Section 15061(b)(3) of the State CEQA Guidelines. 3. Adopt attached resolution (Attachment 1) recommending that the City Council continue its scheduled public hearing on this matter until after such time as the Planning Commission studies and holds a public hearing to review all of the Zoning Code sign regulations; and that the Planning Commission continue its public hearing on this matter until such time that the Commission sets a public hearing to comprehensively review Zoning Code sign regulations. 1 PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tom Councilmember Councilmember Councilmember Printed On Recycled Paper I. BACKGROUND On April 1, 1992, the City Council adopted a resolution directing the Planning Commission to set a public hearing to review Zoning Code regulations pertaining to signs in public right -of -way and to report back to the Council with a recommendation. The Council initiated this Zoning Code amendment because Sections 8110 -4.1 and 8110 -5.4.1 of Article 10 of the Zoning Code are currently conflicting. Section 8110 -4.1 identifies that: "Any sign erected or attached to any tree or utility pole within any public right -of -way, or any sign erected within the boundaries of the required right -of- way for any mapped road as shown on the Circulation Element of the City General Plan;" is prohibited. Section 8110 -5.4.1 identifies that "Installation of any sign within a City right - of -way requires an Encroachment permit issued by the Transportation Department of the Public Works Agency." Section 8110 -4.1 also needs to be revised to delete the Circulation Element reference, since all public roadways in the City are not included on the Circulation Element map. J. DISCUSSION Numerous revisions are required to Article 10 of the Zoning Ordinance in order to eliminate inconsistencies regarding signs in public right -of -way and to more clearly identify what signs could be allowed by encroachment permit within the public right -of -way. For example, if all signs within the public right -of -way are prohibited, signs which project or hang over the public sidewalk area in the downtown area could not be allowed. Also, a flat prohibition against signs in the public right -of- way would make it illegal to place a sandwich, "A" frame type sign within the sidewalk area in the downtown area. It is staff's understanding that it is the Council's desire to limit sidewalk signs to the downtown area. Special sign requirements for specific areas of the City can best be accomplished by establishing an overlay zone which would be shown on the Zoning Map. In researching the signs in public right -of -way issue, staff has made a preliminary determination that Article 10 of the Zoning Ordinance would need to be revised similar to what is shown on the following pages to resolve the inconsistency problem and to clarify specific types of signs which would be allowed within public rights -of- way in the downtown area of Moorpark. Proposed additions to existing Zoning Code language are shown by highlighting and deletions are shown by strikeout. Sections in Article 10 which are not proposed to be revised are not included on the following pages. A complete copy of, Article 10 is attached (Attachment 2). 2 Pronosed Revisions to Article 10 of Zoning Code: Sec. 8110 -1 - DEFINITIONS Sec. 8110 -4 - PROHIBITED SIGNS - The following signs and sign types are prohibited: a. Sandwic A - tar......or , "A" frame and portable reestanding::: <::;::; emt ar signs, with the overlav area Projecting signs, unless suspended from a canopy in accordance with Sec. 8110 -6.2, er attaehed te—a 1. right of way fer Gir-eulatien Element any — maimed-- reQd as shewn the it-y- eft t-he e€ - - General Plan; 3 Sec. 8110 -5.4 - Public Rights -of -Way Sec. 8110 -5.4.1 - Installation of any sign within a City right -of -way requires an Encroachment permit issued by the Sec. 8110 -6 - SPECIFIC REGULATIONS BY TYPE OF SIGN Sec. 8110 -6.11 - Temporary Signs - are permitted as follows: Sec. 8110 - 6.11.123 - Removal - No sign permit for a temporary sign promoting an event... 4 R. ENVIRONMENTAL DETERMINATION It is staff's recommendation that the proposed Zoning Code revisions be found categorically exempt from the California Environmental Quality Act (CEQA) . Section 15061(b)(3) of the State CEQA Guidelines allows an exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. L. STAFF RECOMMENDATION 1. That the Planning Commission adopt a resolution recommending that the City Council continue its scheduled April 15, 1992, public hearing regarding signs in public right -of -way until after such time as the Planning Commission studies and holds a public hearing to review all of the Zoning Code sign regulations to allow a more comprehensive approach for required amendments. 2. That the Planning Commission continue the public hearing for the proposed amendments to Article 10 of the Zoning Code pertaining to signs in public right -of -way until such time that the Planning Commission sets a public hearing to comprehensively review Article 10 of the Zoning Code consistent with a resolution adopted by the City Council at their April 1, 1992 meeting. Prepared by: Deborah S. Traf enstedt Senior Planner Approved by: Patrick � Richards Director of Community Development Attachments: 1. Draft Resolution 2. Article 10 of Zoning Code 5 ATTACHMENT 1 RESOLUTION NO. PC -92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CONTINUE ITS SCHEDULED PUBLIC HEARING TO CONSIDER AMENDING ARTICLE 10, OF THE ZONING CODE PERTAINING TO SIGNS IN PUBLIC RIGHT -OF -WAY WHEREAS, at a duly noticed public hearing on April 6, 1992, the Moorpark Planning Commission considered a proposed amendment to Article 10, Division 8, Chapter 1 (Zoning Code) of the Moorpark Municipal Code pertaining to revising regulations for signs in public right -of -way; and WHEREAS, the City Council on April 1, 1992, initiated Planning Commission review of all of Article 10, Sign Regulations, Moorpark Zoning Code; and WHEREAS, at its meeting of April 6, 1992, the Planning Commission considered said proposed amendment to Article 10 of the Zoning Code pertaining to signs in public right -of -way at a public hearing, and continued the public hearing until such time that the Planning Commission sets a public hearing to comprehensively review all of Article 10; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission hereby recommends that the City Council continue its scheduled April 15, 1992, public hearing regarding amending Article 10 of the Zoning Code pertaining to signs in public right -of -way until after such time as the Planning Commission studies and holds a public hearing to review all of the Article 10 sign regulations to allow a more comprehensive approach for required amendments. The action with the foregoing direction was following roll call vote: AYES: NOES: ABSENT: 6 approved by the Resolution No. PC -92- Page 2 PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF APRIL, 1992. ATTEST: Celia La Fleur Secretary 7 Chairman _f ATTACHMENT 2 ARTICLE 10 SIGN REQUIREMENTS Sec. 8110 -0 - PURPOSE - The purpose of this Article is to promote traffic safety and the aesthetics of the visual environment of City through the regulation of all signs within the unincorporated areas, except in public rights -of -way. Regulations contained herein are the least burdensome regulations to carry out the above stated purpose. Sec. 8110 -1 - DEFINITIONS Advertising Sign - A sign which calls attention to products, goods or services for sale or hire, or which otherwise contains a commercial message. Attached Sian - Any sign posted, painted on, or constructed or otherwise attached to the wall, facade, canopy, marquee, or other architectural part of a building. Canopy Sign - Any sign attached to or constructed in or on a canopy or marquee. Directional Sign - Any sign which serves solely to designate entrances or exits, or the location or direction of any on -site area. Double -faced Sign - A sign structure with messages on both sides of a sign board or panel; or a sign with two faces that are attached-to each. other on one side and form an angle of not more than 30 degrees; or a sign structure with two attached parallel faces not more than 18 inches apart, with a message on each face. Freestanding Sign - Any sign which is anchored directly to the ground or supported from the ground, or is attached to a freestanding wall or fence. Identification Sign - An on -site sign which indicates the premises, occupants, address, neighborhood or entrance location to the premises. Noncommercial Message - A display or statement on a sign which calls attention to something other than products, goods, or services for sale or hire. Such messages are permitted on any type of sign provided that all the standards of this Article are followed. Off -site Sign - A sign which displays commercial or noncommercial messages related to property, goods, services, ^� or ideas not found on, or related to, the property on which the sign is located. 119 on -site Sign,- A sign located on the same site as the occupant, - business, trade or profession to which it relates. Permanent Sign, - A sign intended to be erected and maintained for a period of more than 60 days. Political Sign - A temporary sign or handbill erected prior to an election, excluding leased space on the face of permanent, legal, off -site advertising signs (billboards). Projecting Sign - An attached sign which projects outward perpendicularly or at an angle from a wall or building face. Real Estate Sign - A sign which advertises the sale, rental or lease of the property on which it is maintained. Roof Sign - Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Sign - A communication device using words or symbols, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary display designed to advertise, identify or convey information. Sign Area a. Area of Simultaneously Visible Faces - Where the lettered or illustrative material of a sign is placed upon a sign board or other sign structure having a continuous or essentially continuous surface or. face (whether plane, curved, angulated or otherwise), the background or face area of simultaneously visible faces of such sign board or sign structure shall be the sign area. For purposes of computation, single and _ double faced signs are considered to have the same area; in other words, a double -faced sign having two square feet of sign copy on each face is considered to have two square feet of sign area. The Planning Director may require landscaping or other screening at the open end of a double -faced sign whose faces are not parallel. b. Framed Area - Where the lettered or illustrative material of a sign is not placed as described in a above, but is framed either mechanically or visually by the design or layout of the sign itself, then the area so framed shall be the sign area. c. Geometric Unframed Figure - Where the lettered or illustrative material is not placed or framed in the manner described in a or b above, but is composed either vertically, horizontally, diagonally or otherwise, essentially in the form of a rectangle, triangle or similar geometric figure, the area of the geometric figure within which such material 120 s could be enclosed shall be-the sign area; except that when the space between the elements comprising the sign exceeds 11/2 times the average size of the elements themselves, the area of the elements may be measured separately as provided in d below. d. Area of Abutting Rectangles - Where the lettered or illustrative material is not placed, framed or composed as described in a, b or c above, the total area of the abutting rectangles or other simple geometric shapes within which the individual words, letters, illustrations or other elements comprising the sign could be enclosed shall be the sign area. e. Clocks and Thermometers - Time and temperature devices without advertising copy will not be included in determining the sign area. Tract Sign - An off -site sign relating to the original sale of property other than that on which the sign is constructed. Window Sian - A sign or combination of signs painted on, attached to, or designed or placed so as to be read principally through the windows from outside the structure. Sec. 8110 -2 - PERMIT REQUIREMENTS - To ensure compliance with the regulations contained in this Article, a Sign Permit is required for each nonexempted sign to be erected or maintained, except as required elsewhere in this Article. Plot plans and elevation drawings shall be submitted with all Sign Permit applications for signs. Only signs on one property may be applied for on one application. Sec. 8110 -3.- ....EXEMPTED SIGNS.- Except as.. otherwise specified in this Article and subject to regulations locating signs with reference to street intersections, freeways, scenic highways and primary roads, the following signs shall be exempt from the requirements of this Article: --- a. Governmental signs providing general information to the public, and for control of traffic or similar regulatory purposes, including street signs, danger signs and warnings at railroad crossings; b. Memorial tablets or signs not exceeding two square feet, including those indicating names of buildings and dates of construction, when cut into any masonry surface or inlaid so as to be part of the building, or when constructed of bronze or similar noncombustible material; c. Signs required to be maintained by law or governmental order, rule or regulation, with a total surface area not exceeding ten square feet on any lot; or street address numbers with r a total surface area not exceeding two square feet; r 121 d. Signs which are not visible beyond either the boundaries of the lot on which they are located, or from any public right - of -way, or from any parking area, or circulation area open to the general public; e. Flags or seals of the United States of America or the State of California, or emblems of a civic, philanthropic, educational or religious organization, when such emblems do not exceed four square feet in area and, if freestanding, five feet in height, and such flags or emblems are not used in connection with a commercial promotion or as an advertising device; f. Parking lot or other private traffic directional signs not exceeding four square feet in area per sign. Each lot is permitted one such sign per entrance to the lot or premises, to direct pedestrian or vehicular traffic on the same property. g. Signs placed by a public utility, conveying information on the location of facilities in the furtherance of service or safety; h. Freestanding on -site real estate signs 12 square feet or less in area, having a maximum panel length or height of eight feet (excluding real estate tract signs); Temporary construction signs, provided that: (1) Only one sign is erected per construction site; (2 ) The sign does not exceed six square feet in open space, --agricultural and. R- zones, . or 24 square feet in all other zones; (3) The sign is used only to indicate the name of the construction project and the names and locations (state and city or community only) of the contractors, architects, engineers, landscape designers, project or leasing agent, and /or financing company; (4) The sign is displayed during construction only; and (5) The sign does not exceed six feet in height if freestanding. j. On -site real estate "for sale" or "for lease" signs less than 12 square feet in area and no higher than 6 feet from finished grade pertaining to the property displayed within a window, subject to Sec. 8110 -6.13. Only one such sign is allowed on each street frontage of the property. k. Temporary "open house" signs. Only one such sign is allowed , on each street frontage of the property on which the open house is being held. Such sign may be single- or double- 122 faced and is limited to a maximum of three square feet in area and four feet in height. Such signs shall contain only the address of the property where the open house is being held and the name of the real estate agent or party holding the open house. Such signs shall be erected and removed on the same day the open house is held and shall not be fastened or attached in any way to a building facade or architectural element. 1. Signs or banners announcing the opening of a new business which, in the aggregate, do not exceed ten square feet or 25 percent of the window area, whichever is greater. Such signs may be erected for a maximum of 60 days during the opening of the new business. m. Other signs, including political and "no trespassing" signs, having noncommercial messages and not exceeding two square feet in area on any lot. n. Individual window signs not exceeding ten square feet in area for each business; see also Sec. 8110 -6.13. Sec. 8110 -4 - PROHIBITED SIGNS - The following signs and sign types are prohibited: a. Sandwich - board, A -frame and portable freestanding signs, with the exception of the signs in the downtown overlay area; b. Bench signs, except at bus stops designated on a valid bus schedule; c. Signs which flash, scintillate, move or rotate, except for ..clocks and-time and temperature signs; d. Banners, pennants, flags (except as permitted by Sec. 8110 -3e, 3L, or Section 8110 -6.11; no:other flags are permitted); e. Captive balloons or signs which change color or appear to change color or where the intensity of light changes or appears to change, except on a temporary basis in accordance with Sec. 8110 -6.11; f. Portable and trailer- mounted off -site advertising or tract signs; g. Any sign which emits sound; h. Any sign erected in such a manner that any portion of the sign or its support is attached to or will interfere with the free use of any fire escape, exit or standpipe, or will obstruct any stairway, door, ventilator or window; i. Projecting signs, unless suspended from a canopy in --� accordance with Sec. .8110-6.2, or attached to a service station canopy roof in accordance with Sec. 8110- 6.9.1; 123 J. Roof signs; k. Any sign or sign structure which is structurally unsafe or constitutes a hazard to health or safety by reason of design, inadequate maintenance or dilapidation; 1. Any sign erected or attached to any tree or utility pole - within any public right -of -way, or any sign erected within the boundaries of the required right -of -way for any mapped road as shown on the Circulation Element of the City General Plan; m. Any sign erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic; n. The use of any item of merchandise or other commodity related to the business as a sign, except as such commodity may be permanently incorporated into a sign structure as permitted by this Article; o. Signs attached to the exterior surfaces of windows; p. Off -site signs, except as specifically permitted in Sections 8110 -5.1 and 8110 -5.6. Sec. 8110 -5 - GENERAL SIGN REGULATIONS - Section 8110 -5.1 sets , forth the standards for sign categories, except bench signs, canopy signs, cooperative display panels, illuminated signs, political signs, service station signs, symbol signs, temporary signs and window signs which are set forth in Sec. 8110 -6 below. The latter section also contains more detailed standards and __.regulations.applicable to tract signs. 124 r Jk Sec. 8110 -5.1 - Sign Standards Notes *F =Total street frontage of lot in linear feet. (a) Only those real estate signs over 12 square feet require zoning Clearance. (b) Prohibited in open space zones; see also Sec. 8110 -6.12. (c) Real estate signs may exceed 12 sq.ft. by one square foot for each 10 feet by which the width of the lot, or two or more 125 OPEN SPACE, AGRICULTURAL AND R -ZONES ON - SITE OFF --SITE ATTACHED I FREESTANDING FREESTANDING SIGN IDENTIFICATION REAL ESTATE TRACT TYPE (1) (a) (b. k) MAXIMUM NUMBER 1 1 1 1 PER LOT PE ED LESSER O LESSER OF AREA FEET) 20 OR F& 25 OR 7T 12 (c) 7Z (SQUARE MAXIMUM NOT ABOVE WALL HEIGHT TO WHICH IT 5 10 10 (FEET) IS ATTACHED MAXIMUM LENGTH (d) 10 16 16 (FEET) COMMERCIAL AND INDUSTRIAL ZONES ON - SITE OFF - SITE ATTACHED FREESTANDING FREESTANDING SIGN IDENTIFICATION REAL ESTATE ADVERTISING TRACT TYPE (t. k) MAXIMUM NUMBER NO LIMIT (9) 1 1, IRRESPECTIVE OF TYPE PER LOT PERMITTED GREATER OF 10 12 S:. SEC. AREA (h) OR ; MAX. 200 (C) 8110 -6.7.5 72 (SQUARE FEET) MAXIMUM LESSER OF 25 OR HEIGHT (�) HEIGHT OF HIQMST 16 ZS 10 (FEET) DUILDINC ON SITE MAXIMUM ' LENGTH (d) 25 25 (j) 16 (FEET) Notes *F =Total street frontage of lot in linear feet. (a) Only those real estate signs over 12 square feet require zoning Clearance. (b) Prohibited in open space zones; see also Sec. 8110 -6.12. (c) Real estate signs may exceed 12 sq.ft. by one square foot for each 10 feet by which the width of the lot, or two or more 125 contiguous lots in single ownership, exceeds 70 feet, to a maximum ot` 72 square feet. (d) All signs may cover up to 75% of the length of they wall or building face on which the sign is located. A sign may wrap around a corner of a building if the corner is curvef and not at a 90 degree angle. (e) Permitted in M -2 zone only; see also Sec. 8110 -6.7. (f) Permitted on vacant property in C -P -D and M -zones only; see also Sec.8110 -6.12. (g) Large sites may have signs 500 feet apart; maximum 200 sq. ft. of total freestanding sign area per lot. A drive - through restaurant may have an extra 16- square foot menu board; see Section 8110 -6.14. C (h) Each wall or building face is permitted one square foot of sign area per linear foot of wall length; maximum 120 square feet, regardless of the number of signs. (i) Sign may not extend above the eaves of a gable roof, nor more than two feet above the face of the canopy or a parapet wall to which it is attached. No sign may be located higher than the building roof line. (j) For 375- square -foot signs, the length may be increased to 36 feet. C' (k) Prohibited in SHP Overlay Zone; see also Sec. 8109- 4.5.4b. (1) A sign for a produce stand may have a commercial message; see Sec.8107 -6.9. Sec. 8110 -5.2 - Location Sec. 8110 -5.2.1 - Signs are subject to the structural setbacks set forth in Section 8106 -1; the setback shall be measured to the outermost projection of the sign structure on the side where the setback is being measured. Exceptions as follows: a. On -site freestanding signs three feet or less in height may be located within a setback adjacent to a street. b. A sign attached to an existing wall or fence is exempt from the setback requirements, provided that the sign does not project beyond any edge of such wall or fence. Sec. 8110 -5.2.2 - No sign shall be erected within a sight -^ triangle unless such sign, in compliance with the i provisions of this Article, is less than two feet above 126 curb grade, and no part of its means of support has a single or combined horizontal cross section exceeding eighteen inches. Sec. 8110 -5.3 - Maintenance - Every sign as permitted by this Article shall be maintained in good condition. The Planning Director may require any improperly maintained sign, temporary or permanent, to be repaired or removed upon the failure of the owner(s) to repair or remedy a condition of any sign declared by the Department of Building and Safety to be unsafe, or declared by the Planning Director to be improperly maintained, within 30 days from the receipt by the owner(s) of a written notice to that effect. Sec. 8110 -5.4 - Public_Riahts -of -Wa Sed. 8110 -5.4.1 - Installation of any sign within a City right -of -way requires an Encroachment Permit issued by the N Transportation Department of the Public Works Agency. Sec. 8110 -5.4.2 - No existing tree shall be.trimmed, pruned or removed from a City right -of -way to increase the visibility of any sign, unless such work is first approved by the Public Works Agency. Sec. 8110 -5.5 - Measurement of Sign Height - Where the average grade of the lot on which a sign is placed is at or above the adjacent street grade, the sign shall be measured from the grade level adjacent to the sign. Where the average grade of the lot is below the adjacent street grade, the sign height shall be measured from the adjacent street grade. Sec. 8110 -5.6 - Lots Having-No Street Frontage - If a lot has no street frontage, the easement providing for access to the lot shall be considered part of said lot for purposes of sign placement. Sec. 8110 -6 - SPECIFIC REGULATIONS BY TYPE OF SIGN Sec. 8110 -6.1 - Bench Signs - are permitted at bus stops designated on a valid bus schedule. The copy area of such signs shall be a maximum of four square feet in open space, agricultural and residential zones, and eight square feet in commercial and industrial zones. No bench sign shall extend beyond the edges of the bench backrest. Sec. 8110 -6.2 - Canopy Signs - may extend to within one foot of the edge of a canopy from which the sign is suspended. Signs painted on or affixed to canopies shall be considered part of the total allowable area of attached signs for that building. Signs suspended under canopies which project over private or public walkways or drives open to the public shall be limited to �. an area of eight square feet per sign. r� 127 Sec. 8110 -6.3 - Clocks and Thermometers - Time and temperature devices shall have a maximum area of 24 square feet. Sec. 8110 -6.4 - Display Structures for Pedestrian Viewing - Such structures are allowed subject to conditions stated inn,,a CUP or PD Permit in all commercial zones, and may include'%nclosed display of products sold or bulletin -type advertising stands which may or may not serve other functional purposes, such as kiosks, covers for inclement weather and the like, or they may serve as an additional structural element visually to enhance pedestrian ways or landscaped or parking areas. a. Location - Such structures shall not be located in any required setbacks. b. Area - The area of pedestrian sign display structures shall be in accordance with Sec. 8110 -5.1 (matrix), and may be allowed in addition to sign area otherwise permitted for the lot. C. Lighting - Illumination of pedestrian sign display structures such as kiosks may be by indirect or diffused light only. Sec. 8110 -6.5 - Illuminated Signs, - Signs in open space, agricultural and residential zones may have indirect or diffused illumination. Illuminated signs in nonresidential zones shall not exceed the brightness of a diffused light panel having cool white fluorescent 800 milliampere lights spaced at least ten inches on center. Sign illumination shall not result in glare being directed toward surrounding properties. The source of illumination shall not be visible from a walkway or street. Sec. 8110 -6.6 - Back- Mounted Freestanding Signs - Any sign erected on the back of an existing freestanding sign must have the same exterior dimensions as the existing sign. Sec. 8110 -6.7 - ' Freestanding Off -Site Advertising Signs - Such signs are only permitted with a City Council approved Conditional Use Permit in accordance with Article 11, shall only be permitted for tract sales only, and are subject to the following regulations and standards in addition to those listed in Sec. 8110 -5.1: Sec. 8110 -6.7.1 - Freestanding off -site advertising signs are prohibited within Scenic Corridors or if visible from a Scenic Highway. No such sign shall be established so as to obstruct the view toward any area of scenic or historic significance designated by the Planning Commission. The view of the ocean from a freeway has scenic significance. Sec. 8110 -6.7.2 - Only uni -pole design is permitted for'such signs up to 72 square feet in area, and encouraged for all other signs. 128 a Sec. 8110 -6.7.3 - Any such sign shall be located at least 500 .-- feet from any other freestanding off -site sign, at least 500 feet from a freeway interchange, at least 50 feet from the exterior boundaries of a service station site and at least six feet from any other structure. Such sign-may not extend beyond the boundaries of the lot on which it is located. Sec. 8110 -6.7.4 - The back of such sign, if not used for advertising copy, shall be screened if visible from any public right -of -way. Sec. 8110 -6.7.5 - As part of an entitlement process, a sign program may be required to be submitted by the applicant to the Department of Community Development for review and approval by the City. If the approved sign program is in conflict with the sign code, the more restrictive of the two shall apply. Sec. 8110 -6.7.6 - In addition to the permit standards of Sec. 8111- 2.1.2, the following design criteria shall be considered in the reviewing of all Conditional Use Permit applications: a. Sign structures shall be of the most modern design (with the exception of the downtown area) and aesthetically attractive type feasible as determined by the Department of Community Development or approved r' Planned Development Permit. b. The number of light fixtures shall be kept to a minimum and integrated into the design of the structure. C. On developed sites, landscaping shall be used to enhance the appearance of the sign, and to the extent possible, to allow the sign to blend with the remainder of the site. __27 d. The use of planter boxes to improve the appearance of the sign base, and trees to mask the unused side of a single -faced sign, are encouraged. e. Sign poles and other non -copy elements shall be made to blend visually with the color(s) and texture(s) of the background, including any buildings. Sec. 8110 -6.7.7 - Noncommercial messages are permitted on freestanding, off -site advertising signs in accordance with all requirements of Sec. 8110 -6.7 and Sec. 8110 -5.1. Sec. 8110 -6.8 - Political Signs - The purpose of this section is to prevent damage to public property, protect the integrity of the electoral process and prevent the erosion of aesthetic ,.../ quality and historic values within the City. It is specifically recognized that if temporary political signs on 129 private property are not removed after the election is held, the deteriorating signs and accumulating debris become a blight, defacing the landscape. It is therefore an intent of this Article to make provision for the erection and remova.�'of such signs after the election which they publicized has be n held. Sec. 8110 -6.8.1 Political Signs on Private Property - No temporary political sign shall exceed sixteen square feet in area. The aggregate area of all temporary signs placed or maintained on any lot in one ownership shall not exceed eighty square feet. Sec. 8110 -6.8.2 - Political Sign Registration - In order to keep track of the placement of temporary political signs to assure removal subsequent to an election, such signs shall be registered with the Department of Community Development by the candidate or his or her registered agent, or, when a ballot proposition is involved, by an authorized agent of the group or organization sponsoring the signs, prior to the distribution of such signs for the attachment or installation on any property. Registration of political signs shall be on forms available in the Planning Department and shall be accompanied by an agreement signed by the candidate or his or her authorized agent, or when a ballot proposition is involved, by an authorized agent of the group or organization sponsoring the signs, that within ten calendar days after the election all political signs shall be removed, and a certified statement by the registrant that consent will be obtained from each owner of the property on which a sign is to be posted. Sec. 8110 -6.8.3 - Location - Political signs may not be affixed, installed, or erected within 100 feet of a polling place or historic site, nor within 660 feet of the edge of a "Scenic Highway" as determined by the City or a freeway, nor in any location where the sign will impair sight distance or create a hazard to traffic or pedestrians, nor on any telephone pole, lamppost, tree, wall, fence, bridge, bench, hydrant, curbstone, sidewalk or other structure in or upon any public right -of -way, nor upon any other public property. Sec. 8110 -6.8.4 - Enforcement - Except for signs remaining posted after the post - election deadline, any political sign not posted in accordance with the provisions of this Article shall be deemed to be a public nuisance and shall be subject to removal by the candidate, property owner, or, when a ballot proposition is involved, the authorized agent of the group or organization sponsoring the sign or, upon their failure to do so after reasonable attempt at notice by the City, by City officers or zoning inspectors. Any political sign which is not removed within the ten days following an election shall be subject to summary removal and confiscation by the City. 130 I-f Sec. 8110 -6.9 - Service Station Signs - On -site service station signs are permitted in accordance with the following regulations: Sec. 8110 -6.9.1 - Attached Signs - are permitted as follows: a. Maximum -permitted area in square feet is three times the square root of the area (in square feet) of the wall or canopy face. Maximum 200 square feet for all attached signs, except that when wall area exceeds 5,000 square feet, the sign area may be increased by ten square feet for each additional 500 square feet of wall area over 5,000, to a maximum of 50 square feet per side. b. Maximum height - 16 feet, provided that the sign does not extend above the eaves of a gable roof nor more than two feet above the face of the canopy or parapet wall to which it is attached. C. Brand name insignia, emblems or medallions may be attached to the building frontage of the service station. Symbol background area may be 14 square feet maximum per symbol, maximum ten feet horizontally and maximum eight feet vertically. Sec. 8110 -6.9.2 - Freestanding Monument Signs - are permitted as follows: a. Maximum area in square feet is the lesser of 32 square feet or 0.8F -40, where F is the lot frontage in linear feet . b. Maximum height is 5 feet. Sec. 8110 -6.9.3 - Overall Area Limit = The maximum total area for all signs on a service station site is 300 square feet. Sec. 8110 -6.9.4 - Numerical Limit - There is no limit on the number of signs on a service station site, except that poster boards are limited to two; see Sec. 8110- 6.9.5, below. Sec. 8110 -6.9.5 - Poster Boards - Two poster boards mounted on permanently anchored footings may be installed in locations which do not obstruct safe visibility from vehicles. Each poster board may have a maximum area of 15 square feet and a maximum height of six feet. Sec. 8110 -6.9.6 - Identification Sign - An identification sign may be attached to hang below the canopy. Sec. 8110 -6.10 - Symbol Signs Not on Service Stations - One symbol sign in the form of a graphic presentation of goods or -"" services sold or rendered on the premises or a traditional emblem associated with a trade, which emblem or symbol bears no 131 written message or trademark, shall be permitted on each building frontage of the enterprise provided that it is affixed to the building, canopy or wall which is part of the building frontage and does not project over any publicly maintained right -of -way. These signs shall not project above the canopy or wall. No such symbol sign if attached to the builAhg shall exceed 64 square feet in area, and no such symbol sign if hanging from a canopy or facia shall exceed two square feet in area. Such signs shall be included in the total area of signs allowed on the lot where they are located. Sec. 8110 -6.11 - Temporary Signs - are permitted as follows: Sec. 8110 - 6.11.1 - Attraction Devices - The Planning Director may authorize temporary banners, pennants, flags or captive balloons for a period of up to 30 days in any six month period or 30 consecutive days in any six month period. A period of 90 days for the purpose of advertising a grand opening may be authorized for a new business. Sec. 8110 - 6.11.2 - Removal - No Sign Permit for a temporary sign promoting an event shall be issued unless and until the applicant therefore has signed an agreement that the sign involved will be removed within seven days after the expiration of the 30 -day temporary period. Said agreement shall authorize City agents to remove expired signs and shall be accompanied by a cash deposit, the amount of which shall be determined by the City. The deposit may be used to defray J the costs of sign removal in the event the permit holder defaults upon the agreement as aforesaid. Appropriate refunds to the applicant(s) shall be made upon written report to the Planning Director that sign removal has been satisfactorily accomplished. Sec. 8110 -6.12 - Off -Site Tract Signs - Such signs are permitted on agriculturally zoned property, on vacant residentially or industrially zoned property, and on vacant property zoned C -P -D, only after a final tract map has been recorded, for a period of 18 months from the date of issuance of the Sign Permit for such sign or until all lots have been sold, whichever is the first to occur. No tract shall have more than four off -site signs advertising its existence. Such signs may be located adjacent to routes traveled to reach the tract advertised unless such route has been adopted as a freeway or County Scenic Highway in any of the Elements of the City's General Plan, or is a State - designated Scenic Highway, or if the proposed sign location is within a "Scenic Corridor" adopted by the City Council. A deposit for removal of the sign shall be required. Sec. 8110 - 6.12.1 - City Restrictions - Tract signs located within the City shall advertise only tracts located within the City or within cities located therein, or may exhibit noncommercial messages for a period of 18 months. 132 Sec. 8110 - 6.12.2 - Additional Restrictions - No lot shall __4F have thereon both a off -site tract advertising sign and an on -site identification sign, and no tract sign shall be placed within 500 feet of any other tract sign. Sec. 8110 -6.13 - Window Signs - Window signs shall not exceed 25 percent of the window area and no more than 150 total square feet. That portion of total window sign area that exceeds ten square feet on any individual business shall be counted toward the attached sign area permitted for that business. Signs attached to the exterior surfaces of windows are prohibited. Sec. 8110 -6.14 - Menu Boards for Drive - Through Restaurants - A drive -in or drive - through restaurant is permitted one menu board not exceeding 16 square feet in area, which shall not be counted toward the sign area or permitted number of signs otherwise allowed for the lot or premises. Sec. 8110 -6.15 - Model Tract Pole Signs - Model home tract pole signs shall be permitted provided that a plot plan shall be submitted and approved that complies with the following requirements: (1) A plot plan shall show the location of all proposed poles, setbacks, height, spacing dimensions, number and size. (2) Location - Permitted only around the perimeter of the tract site area and complex, and shall not be permitted to exceed two hundred ( 200 ) feet from the nearest model unit or within two hundred (200) feet of any occupied residence. (3) Height - Fourteen (14) feet maximum. (4) Setbacks - Three (3) feet minimum from property boundaries. — (5) Spacing - To be determined at the time of review of the plot plan and approval of the permit. (6) Flag Size - Twelve (12) square feet maximum. (7) Flag Number - Maximum of two (2) flag poles per model unit and one (1) flag per pole. (8) Time period - Permitted for one (1) year or until the last unit is sold, whichever occurs first. Renewals of the permit shall not exceed one year for each renewal as approved by the Director of Community development. (9) Removal Deposit - The applicant shall pay such r application fees and removal fees as the City Council may adopt by Resolution. Such fees shall be sufficient to cover one - hundred (100) percent of all costs to the 133 City.in administering these sections. (10) The Director of Community Development may modify these requirements due to a topographic location hardship. (11) All model tract flags shall be well maintainer and kept in good condition (i.e. not tattered or torn). Sec. 8110 -6.16 - For Rent and For Lease Signs in Multi - Family Residential Zones - Signs providing information of units being offered for "rent or lease" may be allowed on -site only. These signs must be in conformance with the provisions of this section. A sign permit from the Department of Community Development is required prior to the installation of the sign. (a) Size - The sign shall not exceed twelve (12) square feet. (b) Height - Shall not exceed six (6) feet measured from finished grade. (c) Materials - The sign shall use the same materials as the parent building or landscape fixtures, and shall be weatherproof. (d) Location - Not less than five (5) feet inside the property line and must be located within one of the City's multifamily residential zones. (e) OTHER RESTRICTIONS - Signs shall be non - illuminated and not be placed within fifty (50) feet from any off -site residence, corner, or other directional signs. No more than one such sign may be displayed on each street frontage. Such signs shall be located no closer than fifty ( 50 ) feet from any corner. All signs shall carry only the name of the residential complex, business address and business phone number and "For Rent" and /or "For Lease ". No changeable copy, picture, or graphic shall be included on such sign. Sec. 8110 -7 - ABATEMENT OF SIGNS RELATING TO INOPERATIVE FUNCTIONS - Signs pertaining to enterprises or occupants that are no longer using a property shall be removed from the premises within 60 days after the associated enterprise or occupant has vacated the premises. Other signs of a temporary nature shall be removed within ten days following the event or other purpose served by the sign in the first instance. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to summary abatement. pursuant to Section 38773 of the California Government Code, and the expense of such abatement shall be a lien against the property on which the sign was maintained and a personal obligation against the property owner. Said property owner shall first be served with a notice to abate the nuisance and shall be given the opportunity for a hearing before the Planning Director. 134 1 C C y� Sec. 8110 -8 - NONCONFORMING SIGNS Sec. 8110 -8.1 - Continuance - In cases where the area of signs existing as a valid nonconforming use on a property exceed the total allowable area for permitted signs, no additional signs shall be permitted on the property. If the size or configuration of a lot or building is changed by the subdivision of the property or by alterations, identification signs and outdoor advertising signs on the resulting properties shall be required to conform to the sign regulations applicable to the newly created lot or lots at the time such change becomes effective. Sec. 8110 -8.2 - Repair - A nonconforming sign may be repaired, provided that it has not been damaged in excess of 60 percent of its value. Such damaged nonconforming sign may not be expanded, reconstructed or relocated without being made to comply in all respects with the provisions of this Article. Sec. 8110 -8.3 - Amortization - All signs rendered nonconforming by the provisions of this Article shall be altered, removed or otherwise made to comply with the provisions of this Article within the following time periods, which shall run from either the effective date of this Article or such later date as the use is made nonconforming: Political Signs . . . . . . . . . . . . . . . . . . .10 days •— . . . . . . . . . . . Signs painted on structures 1 year All other signs . . . . . . . . . . . . . . . . . . . 5 years .Provided, however, that the following time periods shall apply to signs legally erected, pursuant to a valid sign permit issued within the two years immediately preceding the effective date of this Article: Signs painted on structures ...... 1 year from effective date of this Article or from the expiration date of the permit. Freestanding off - site...... Pursuant to California advertising sign in open space, agricultural or residential zones...... pursuant to Calif. Business and Professions Code Sec. 5412.1 et seq. Freestanding off -site advertising signs ...... Not subject to amortization All other signs ...... 5 years from effective date of this Article or from the expiration date of this permit. Sec. 8110 -8.4- Abatement - Nonconforming signs shall either be made to conform with the provisions of this Article or be abated within the applicable period of time. In the event they are not, the Planning Director shall order the same to be abated by the owner 135 • of the property_ or by any other person known to be responsible for the maintenance =of the sign. Sec. 8110 -8.5 - Manner of Abatement - Unless some other mode of abatement is approved by the Planning Director in writing, abatement of nonconforming signs shall be accomplished in the following manner: a. Signs Painted on Structures - By removal of the paint constituting the sign or by permanently painting it in such a way that the sign shall not thereafter be or become visible; b. Other Signs - By removal of the sign, including its dependent structures and supports; or pursuant to a sign permit duly issued allowing modification, alteration or replacement thereof in conformity with the provisions of this Article. 136 l'