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296 ORDINANCE NO. 296 AN ORDINANCE OF THE CITY COUNCIL" OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT 15-01, TO AMEND TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING CHAPTER 18.80 SIGNS IN ITS ENTIRETY AND AMENDING TITLE 5, CHAPTER 5.40 GARAGE SALES BY REVISING SECTION 5.40.070 SIGNS WHEREAS, the City of Grand Terrace, pursuant to its police power, has the authority to take appropriate action to address concerns regarding traffic safety and aesthetics, as they relate to signs (Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981)); and WHEREAS, .the City Council recognizes that signs constitute speech protected by the First Amendment of the United States Constitution and by Art. 1, Sec. 2, of the Constitution of the State of California and that its regulation of signs must be consistent with these protections; and WHEREAS, the.City Council finds that an uncontrolled proliferation of signs within the City is harmful to the public's health, safety and welfare, in that such signs are aesthetically displeasing and constitute a traffic hazard, as drivers will be distracted by attempting to read an excessive number of signs that are placed in a haphazard manner; and C � WHEREAS, the City has a substantial interest-in regulating signs in the manner set forth in this Ordinance, and the regulations modified and adopted hereby further the City's substantial interests in traffic safety and aesthetics, in particular (National Advertising Co. v. City of Orange, 861 F.2d 246, 248 (9th Cir. 1988); Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998)); and WHEREAS, the City Council recognizes that businesses have an interest in having signage that effectively advertises goods or services, and that is visible to potential customers; and WHEREAS, the City Council finds that the citizens of Grand Terrace and members of the public have an interest in identifying businesses, and the goods and services they provide; and WHEREAS, the City Council finds that the citizens of Grand Terrace and visitors to the City have a substantial interest in visiting, living and working in an aesthetically pleasing city; and WHEREAS, the City Council finds that the citizens of Grand Terrace and all those who travel in and through.the City have a substantial interest in traffic safety within the City; and ORDINANCE NO. 296 PAGE 1 OF 48 JULY 12, 2016 WHEREAS,the City Council finds that.the City can balance its interests in aesthetics and traffic safety with the interests of businesses and consumers by limiting off-premises commercial signs, and by limiting the time, place, and manner of placement of commercial signs on commercial lots; and WHEREAS, commercial speech can be regulated more stringently than noncommercial speech; however, the City Council does recognize the need of businesses in the City to reasonably advertise their goods and services visibly and effectively; and WHEREAS, this ordinance relating to the regulation of signs includes a statement of purpose regarding the City's substantial interest sought to be implemented by the regulations (Desert Outdoor Advertising, Inc. v. City of Moreno ValleX, 103 F.3d 814, 819 n.2 (9th Cir. 1996), cert. denied, 522 U.S. 912 (1997); Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 (1980)); and WHEREAS, the City intends, by adoption of these regulations, to eliminate any exemptions and/or regulations of signs based on content, in order that its sign regulations are content-neutral and entitled to the least restrictive constitutional analysis (see e. ., National Advertising Co. v. City of Orange, 861 F.2d 246 (1987) (content based exemptions rendered the entire ordinance content based because the content of the sign's message determines whether or not a particular sign is prohibited or permitted); Simon & Schuster, Inc. v. Members of N.Y. State Crime Victims Bd., 502 U.S. 105 (1991); Police Department of the City of Chicago v. Mosley, 408 U.S. 92 (1972)); and _ WHEREAS, these regulations allow on-site commercial signage while limiting off-site advertising signs, the City Council having found that onsite commercial speech is more valuable than offsite commercial speech, as permitted in Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604, 611 (9th Cir. 1993) and Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981); and WHEREAS, the City Council finds that, because signs are speech protected by the United States and the California Constitutions, detailed procedures are necessary to ensure that permits are issued or denied based on objective criteria and expeditiously.with the due process of law; and . WHEREAS, a message substitution provision has been added to the City's sign regulations, allowing any sign regulated by the new provisions of this Ordinance to display a noncommercial message, so that the City's regulations satisfy the constitutional mandate that it not restrict noncommercial signage to a greater degree than commercial signage.(see Clear Channel Outdoor, Inc. v. City of Los Angeles, 340 F.3d 810 (9th Cir. 2003); Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604 (9th Cir. 1993); and WHEREAS, the City Council finds that a proliferation of temporary signs in the public right-of-way can be detrimental to the aesthetic quality of the streets and sidewalks, can interfere with traffic safety, pedestrian access to public sidewalks and streets, and can obstruct the entrance to businesses and residences; and ORDINANCE NO. 296 PAGE 2 OF 48 JULY 12, 2016 WHEREAS, the City Council specifically finds that temporary commercial signs are signs that relate to businesses for which on-premises signage do not provide adequate advertising of the goods or services sold because for many businesses is such that effective advertising by way of permanent on-premises signage is impractical: the business is of a transitory and temporary nature, the business' primary and most effective way to notify people of the available goods or services is by directing passers-by to the location of the goods or services, and the business does not have a fixed place of business or the goods or services themselves cannot practically be viewed and/or sold out of one business location or any business location; and WHEREAS, the City Council finds that human advertisements (as defined in this ordinance) within public rights of way, constitute a traffic hazard by their conduct, which distracts the attention of drivers away from the road,and to a business or service; and WHEREAS, the City Council finds that prohibiting commercial conduct that is intended to, or that does in fact, attract the attention of drivers, furthers the city's substantial interest in traffic safety (see, e.g., Sanctity of Life Network v. California Highway Patrol, 105 Cal. App. 4th 858, 862 (2003) (holding that protected First Amendment speech can be restricted if it interferes with traffic,)). NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA DOES ORDAIN AS FOLLOWS: - Section 1. Chapter 18.80 (Signs) of Title 18 (Zoning) of the Grand Terrace Municipal Code is hereby repealed and replaced in its entirety with the following: "CHAPTER 18.80 SIGNS Sections: 18.80.010 Findings 18.80.020 Purpose 18.80.030 Policies for Sign Regulations 18.80.040 Definitions 18.80.050 Signs on Public Property . 18.80.060 Permit Required 18.80.070 Application Review Procedures 18.80.080 Application Requirements 18.80.090 Appeals 18.80.100 Judicial Review of City Council's Decision 18.80.110 Exempt Signs 18.80.120 Prohibited Signs 18.80.130 General Provisions 18.80.140 Design Standards 18.80.150 Development Standards for Permanent On-Site Signs 18.80.160 Temporary On-Site Signs, Residential 18.80.170. Temporary On-Site Signs,Non-Residential Zones 18.80.180 Window Signs ORDINANCE NO. 296 PAGE 3 OF 48 JULY 12, 2016 18.80.190 Off-site Signs 18.80.200 Temporary Use and Special Event Signs 18.80.210 Parking of Advertising Vehicles 18.80.220 Non-Conforming Signs and Abandoned Signs 18.80.230 Compliance with Sign Code as Condition of Permit Approval 18.80.240 Penalty Section 18.80.010 Findings The City Council finds all of the following: A. The City, pursuant to its police power, has the authority to take appropriate action to address concerns regarding traffic safety and aesthetics, as they relate to signs (Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981)); and B. Signs constitute speech protected by the First Amendment of the United States Constitution and by Art. 1, Sec. 2, of the Constitution of the State of California and that its regulation of signs must be consistent with these protections; and C. An uncontrolled proliferation of signs within the City is harmful to the public's health, safety and welfare, in that such signs are aesthetically displeasing and constitute a traffic hazard, as drivers will be distracted by attempting to read an excessive number of signs that are placed in a haphazard manner; and D. The City has a substantial interest in regulating signs and the regulations within this chapter further the City's substantial interests in traffic safety and aesthetics, consistent with National Advertising Co. v. City of Orange, 861 F.2d 246, 248 (9th Cir. 1988); and Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998).); and E. Businesses have an interest in having signage that effectively advertises its goods or services, and is visible to potential customers; and F. City residents and residents and visitors have an interest in identifying businesses, and the goods and services they provide; and G. City residents and visitors have a substantial interest in visiting, living and working in an aesthetically pleasing city; and H. City residents and visitors have a substantial interest in traffic safety within the City. I. The City has properly balanced its interests in aesthetics and traffic safety with the interests of businesses and consumers by limiting off-site commercial signs, and by limiting the time, place, and manner of placement of commercial signs on commercial lots; and ORDINANCE NO. 296 PAGE 4 OF 48 JULY 12, 2016 J. Commercial speech can be regulated more stringently than noncommercial speech; however, the City Council recognizes the need of businesses in the City to reasonably advertise their goods and services visibly and effectively; and K. The City Council intends this Chapter to ensure its regulations are content-neutral and are the least restrictive means to achieve the goals set for the herein (see e.g., Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015); and L. These regulations allow on-site commercial signage while limiting off-site advertising signs, the City Council having found that onsite commercial speech is more valuable than offsite commercial speech, as permitted in Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604, 611 (9th Cir. 1993) and Metromedia Inc. v. City of San Diego, 45.3 U.S. 490 (1981); and M. Because signs are speech protected by the United States and the California Constitutions, detailed procedures are necessary to ensure that permits are expeditiously issued or denied based on objective criteria and consistent with due process of law; and N. A message substitution provision has been added to the City's sign regulations, allowing any sign regulated by the new provisions of this Ordinance to display a noncommercial message, so that the City's regulations satisfy the constitutional mandate that it not restrict noncommercial signage to a greater degree than commercial signage.(see Clear Channel Outdoor, Inc. v. City of Los Angeles, 340 F.3d 810 (9th Cir. 2003); Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604 (9th Cir. 1993); and O. Proliferation of temporary signs in the public right-of-way can be detrimental to the aesthetic quality of the streets and sidewalks, can interfere with traffic safety, pedestrian access to public sidewalks and streets, and can obstruct the entrance to businesses and residences; and P. Temporary commercial signs are signs that relate to businesses for which on- premises signage do not provide adequate advertising of the goods or services sold because for many businesses is such that effective advertising by way of permanent on-premises signage is impractical: the business is of a transitory and temporary nature, the business' primary and most effective way to notify people--of the available goods or services is by directing passers-by to the location of the goods or services, and the business does not have a fixed place of business or the goods or services themselves cannot practically be viewed and/or sold out of one business location or any business location; and Q. Human advertisements (as defined in this ordinance) within public rights of way, constitute a traffic hazard by their conduct, which distracts the attention of drivers away from the road and to a business or service; and - R. Prohibiting commercial conduct that is intended to, or that does in fact, attract the attention of drivers, furthers the city's substantial interest in traffic safety (see, e.g., Sanctity of Life Network v. California Highway Patrol, 105 Cal. App. 4th 858, 862 (2003) (holding that ( protected First Amendment speech can be restricted if it interferes with traffic)). ORDINANCE NO. 296 PAGE 5 OF 48 JULY 12, 2016 18.80.020 Purpose. A. These regulations are intended to protect the public health, safety, and welfare and provide for the integrity and preservation of community aesthetics through modern implementation of a uniform set of rules and regulations. The City of Grand Terrace recognizes and, strongly supports, the needs of merchants and property owners to identify their businesses through signage and other means of advertisement. The city, further, recognizes that size, placement, number, and design of signs significantly influences the general perception of ,both the community's visual environment and its economic health, and that signs should not become visual distractions along public roadways. In addition, these regulations are intended to accomplish the following: 1. Promote an economically stable and visually attractive community consistent with the City's goals and strategies. 2. Promote signs and graphics that are attractive, pleasing, and harmonized with the physical character of the environment and surrounding properties, while serving the identification needs of the business community. 3. Eliminate visual clutter while providing reasonable opportunities for adequate identification of businesses and the goods and services they offer. 4. Prevent an inadvertent favoring of commercial speech over noncommercial speech. _ 5. Direct the proper design and location of signs to reduce, or eliminate, potential hazards and promote the safe movement of vehicles and pedestrians throughout the city. 6. Direct persons to various activities and enterprises in order to provide for maximum public convenience. 18.80.030 Policies for sign regulations. The following policies regarding signage in the city are established: A. Regulatory Interpretations. The requirements of this chapter shall not be interpreted to nullify any easements, covenants, or other private agreements that provide for more restrictive sign regulations than are required by this chapter. B. Message Neutrality. It is the city's policy and intent to regulate signs in a viewpoint- neutral and/or content-neutral manner. The message of the sign shall not be reviewed except to the minimum extent necessary to identify the type of sign. C. Message Substitution. A noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized pursuant to this chapter. The purpose of this requirement is to prevent ORDINANCE NO. 296 PAGE 6 OF 48 JULY 12, 2016 any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. D. In no instance may commercial or non commercial messages contain "obscene matter" as defined in California Penal Code section 311. E. General Prohibition. Any permanent or temporary sign not expressly permitted by this chapter is prohibited. F. Off-site signs are prohibited, unless specifically authorized by this Chapter. Section 18.80.040 Definitions A. The following words and phrases have the meanings set forth herein, unless it is apparent from the context that another meaning is intended: 1. Abandoned sign. Any display or sign remaining in place or not maintained for a period of ninety (90) calendar days which no longer identifies an ongoing business, product, or service available on the premises where the display or sign is located or where the building, business, or establishment to which the display or sign is related has ceased operation. For purposes of this definition, abandonment for the applicable period shall be deemed conclusive evidence of abandonment regardless of the property, business, or sign owner's intent. 2. A-frame sign. See Portable freestanding sign 3. Alteration. Any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign. 4. Animated sign. A sign which moves or appears to move in whole or part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement. Animated signs do not include electronic message signs. 5. Awning. A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. 6. Awning sign. A sign displayed, written, silkscreened, or attached on an awning. 7. Balloon, inflatable sign, or inflatable attention-getting device. Any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purposes of signage, advertising or attention-getting. 8. Banner: Any sign of durable cloth, plastic, or similar non-rigid material that is attached to a building. 1 ORDINANCE NO. 296 PAGE 7 OF 48 JULY 12, 2016 9. Banner, feather. Any sign of durable cloth, plastic, or similar non-rigid material that is attached to a pole, commonly referred to as a feather banner. See "Flag banner". I� m 10. Billboard. An outdoor advertising structure that advertises products, services or activities not conducted or performed on the same site upon which the outdoor advertising sign structure is located, and that is subject to the provisions of Section 5490 et seq. of the Business &Professions Code. 11. Building face. That portion of any exterior elevation of a building extending vertically from grade to top of a parapet wall or eaves, and horizontally across the entire width of the building elevation, excluding corners, bay windows, balconies, or other architectural features which extend beyond the general outermost surface of the exterior wall. 12. Cabinet sign. A sign .constructed of a solid cabinet consisting of one or more translucent panels containing sign copy, which are interchangeable and which are affixed to an internally illuminated box or cabinet mounted on a building or monument, and not sculpted to the shape of its contents. Commonly referred to as a "can sign". CABINET SIGN 13. Canopy. A structural or ornamental roof-like appendage attached to and projecting from a building. 14. Canopy sign. A sign attached beneath or placed upon the structural projection or canopy of a building. 15. Changeable copy sign. The changing of a commercial or non-commercial message on a lawfully erected sign. A change of copy does not include the following (all of which acts shall be considered as the placing of a new sign): any alteration or reconfiguration of the outside dimensions of a sign, any structural modifications of a sign and/or relocation of all or any portion of a sign. 16. Channel letters. Individual letters that are independently mounted to a wall or other surface and internally illuminated with a covered face. The "air space" between the letters is not part of the sign structure but rather of the building fagade. A logo may also be considered a channel letter or sculpted can sign provided it is clearly distinguishable from other sign elements. - ORDINANCE NO. 296 PAGE 8 OF 48 JULY 12, 2016 17. City. The City of Grand Terrace. 18. City Engineer. The City Engineer of the City of Grand Terrace, or designee. 19. City Manager. The City Manager of the City of Grand Terrace, or designee. 20. Clear Sight Triangles r a. View Obstructions. Adequate visibility for vehicular and pedestrian traffic shall be provided at clear sight triangles at all 90 degree angle intersections of public rights- of-way and private driveways. i Prohibited. The following shall be prohibited within a clear sight triangle: (A) Monument signs. (B) Hedges or shrubbery. ii Maximum Height, Requirements. The following shall not be erected, placed, planted, or allowed to grow over 30 inches in height above the nearest street curb elevation within a clear sight triangle: (A) Signs. (B) Mounds of earth. (C) Other visual obstructions. iii Exceptions. The requirements for clear sight triangles shall not apply to: (A) Freestanding signs when the lower edge of the sign face is at least eight feet above grade and when there are no more than two posts or columns, each with a maximum width or diameter of 12 inches, supporting the sign. b. Dimensions and Location. Clear sight triangles are right triangles that shall be measured as follows: i The 90-degree angleds formed by the intersection of either: (-A) The intersection of the edges of two roadways as measured at the edge of their ultimate planned right-of-way; or (B) The intersection of the edge of a private driveway or alley and the edge of the ultimate planned right-of-way of an intersecting roadway. ORDINANCE NO. 296 PAGE 9 OF 48 JULY 12, 2016 ii The two 45-degree angles of a clear sight triangle shall each be located as follows: (A) Public street intersections - 30 feet from intersection. (B) Public street and private driveway or alleyway - 10 feet from the intersection. No signs,plantings or i other obstructions " over 30"in this area. ' �! •30' RIGHT OP SPAY EDGE --- -- I r----• Clear Sight Triangle 21. Commercial message. Any sign, wording, logo, or other representation that names or advertises a business, product, service, or other commercial activity. 22. Convenience sign. Means a sign not larger than two square feet which conveys information, such as "restrooms," "no parking," "entrance" and the like,but does not contain land, trade, advertising or business identification, and is designed to be viewed on site by pedestrians and/or motorists. 23. Copy. Any written words, letters, symbols, emblems, designs, figures, and logos used to attract attention to,or identify, a land use. 24. Decorative banner or flag. A festive graphic display that is made of durable cloth, plastic or similar non-rigid material, and that either displays no message or displays only a predominantly pictorial message that does not directly identify or advertise a business on the premises. 25. Directional sign. Any sign intended to be permanently affixed and utilized only for the purpose of indicating the direction of any object,place, or area. 26. Director. The Director of Planning and Development Services of the City of Grand Terrace, including designee. 27. Directory sign. A pedestrian-oriented sign, or set of similarly designed individual signs, placed or displayed in sequence, located at a multi-tenant building or within a shopping center, to list all or part of the businesses within a building or shopping center. The copy of a directional sign is not readable from the public roadway or parking lot. ORDINANCE NO. 296' PAGE 10 OF 48 JULY 12, 2016 28. Drive-through menu board. A single-sided sign located in the drive-through area of a fast-food restaurant, typically containing an attached or detached speaker and/or verification screen for communicating orders. 29. Electronic message sign. A sign with the capability of presenting variable message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. 30. Exempt Sign. A sign which is not subject to a sign permit. 31. Flag Sign. Any sign or device in the nature of a banner, flags or other object, designed and installed in such a manner as to move upon being subject to pressure by wind or breeze. Flag signs must be made of fabric or other similar non-rigid material supported or anchored along only one edge. Also referred to as a feather banner, swooper, or teardrop banner. 32. Flashing sign. Any sign which contains, or is illuminated by, lights which change in intensity or colors, or which create the illusion of flashing in any manner. Flashing signs do not include electronic message signs. 33. Freestanding sign. A permanent sign that is self-supporting in a fixed location detached from any building or wall. Freestanding signs include, but are not limited to, monument signs,pole signs, and pylon signs. 34. Freeway sign. A freestanding sign between 50 feet and 100 feet in height located within 250 feet of the right of way of Interstate 215. 35. Frontage, building. The exterior building wall of a structure on the side or sides of the structure fronting and oriented toward a public street or highway, excluding eaves or roof overhangs. Building frontage shall be measured continuously along the structure's wall for the entire length of the business establishment. 36. Frontage, street or highway. Any portion of a lot or parcel of land which abuts a public street or highway. Street or highway frontage shall be measured along the common lot line separating a lot or parcel of land from the public street or highway. 37. Gasoline price sign. Sign located at fuel stations which, typically, identify the brand or type and price of gasoline sold. 38. Glare. The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. 39. Height. The greatest vertical distance measured from the finished grade to the top of a sign, a sign structure, or advertising display and any accompanying architectural feature of the sign. However, if the sign is constructed upon any artificial berm, the ORDINANCE NO. 296 PAGE 11 OF 48 JULY 12, 2016 height of the sign, as measured from the toe of the slope or berm, shall not exceed 125% of the maximum height allowed by this title 40. Holiday and seasonal decoration. Lighting and other materials, including festive flags, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, state, local or religious holiday. 41. Human advertisement. Any person who is located anywhere within the city, and that advertises a business or service, by way of his or her actions, including but not limited to, by holding a temporary sign, wearing a costume, or wearing body paint. 42. Illegal sign. Any sign placed without all required government approvals and permits at the time it was placed, or an existing sign that was not constructed-in accordance with the ordinances and other applicable laws in effect on the date of construction. 43. Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign; includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes. An illuminated sign excludes electronic message signs, which are separately defined. 44. Inflatable balloon sign. A sign consisting of balloons and inflatables made of metallic and/or cloth material, regardless of the size that is used, for the purpose of attracting attention. 45. Logo. A visual symbol, representation, or character identifying the business or service provided. 46. Linear frontage. The horizontal distance measured along the building frontage facing the street. In cases where a business has no .building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage (e.g. an entrance facing a courtyard). For multi-tenant buildings, ground floor tenants may have their primary frontage determined independently from the rest of the building based on the aforementioned-rules. 47. Maintenance. Replacement of copy, change of color, maintenance, or repair made to a sign. 48. Menu/Order board sign. A sign installed in a drive-through facility and oriented so as to be visible primarily by drive-through customers. 49. Modification. Any alteration, repair or refurbishing of any sign that alters its physical dimensions, or any integral component of the sign including, but not limited to, alterations to exterior cabinets, bases, poles or sign copy. 50. Monument sign. See"Freestanding Sign". _ ORDINANCE NO. 296 PAGE 12 OF 48 JULY 12, 2016 51. Noncommercial Sign. A sign that displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern. 52. Nonconforming Sign. A sign lawfully erected that does not comply with the provisions of this chapter. 53. Off-Site Sign. A sign that directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered at a location other than where the sign is located. 54. On-Site Sign. A sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered upon the lot or parcel on which the sign is placed. In the case of multiple-tenant commercial or industrial development, a sign is considered on-site whenever it is located anywhere within the development. In the case of a duly approved Sign Program, a sign anywhere within the area controlled by the program may be considered on-site when placed at any location within the area controlled by the program. Any sign displaying a noncommercial message constitutes an on-site sign. 55. Painted Sign. A sign that comprises only paint applied on a building or structure. 56. Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or,string, usually in a series, designed to move-in the wind and attract attention. 57. Permanent sign. All signs referred to in Chapter 18.80, except for temporary signs. 58. Portable sign. Any sign not permanently attached to the ground or to a building, which is intended to be movable or capable of being moved from place to place, whether or not wheels or other special supports are provided. This definition includes an A-frame sign. 59. Projecting sign. A sign that projects more than twelve (12) inches from the exterior face of a building wall or fagade and which uses the building wall ;as its primary source of support. 60. Pylon sign. A freestanding sign designed with its vertical dimension greater than its horizontal dimension and supported by a single pedestal base or architecturally integrated support posts. 61. Readerboard. A sign containing, in whole or in part, electrical devices allowing for changing copy, text, or content. Electric time and temperature signs are not considered readerboards. 62. Real estate sign. A temporary sign advertising the sale or lease of real property. The sign may include the identification and contact information of the person and/or company handling such sale, lease, or rent. ORDINANCE NO. 296 PAGE 13 OF 48 JULY 12, 2016 . 63. Roof sign. A sign erected, constructed, painted, or placed upon or over a roof or parapet wall of a building and which is wholly or partly supported by the building or roof structure. 64. Sign. Any writing (including letter, word, or numeral); pictorial presentation (including illustration or decoration), emblem (including device, symbol or trademark), flag (including banner or pennant) or any other device, figure, or similar character which: a. Is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building, other structure or device; and b. Is used to announce, direct attention to, or advertise; and c. Is visible from the outside of a building. 65. Sign area. The entire area within a single continuous perimeter which enclose the extreme limits of writing, representation, emblem, or any figure of similar character, background area, trim, or.other material, light or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, trim, frame, or uprights on which any such sign is supported shall not be included in determining the sign area. i 60" 24:' iGf,74." 66. Sign face. That area or portion of a sign on which copy is intended to be placed. 67. Sign program. A detailed graphic and narrative plan that establishes the specific sign regulations and common aesthetic design characteristics that apply to all signs for a particular ownership parcel, or for a particular area that may include two or more separate but contiguous ownership parcels, and which may include a development project, shopping center, or business complex. 68. Temporary sign. A structure or device used for the public display of visual messages or images, which is easily installed with or without common hand tools and which is not intended or suitable for long-term or permanent display due to lightweight or flimsy construction materials. Examples include banners, flags, or similar ground mounted nonpermanent signs made of paper, cloth, canvas, lightweight fabric, or other non-rigid material,with or without frames. ORDINANCE NO. 296 PAGE 14 OF 48 JULY 12, 2016 69. Wall sign. A sign attached to or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of such wall. 70. Window sign. Any permanent or temporary sign, picture, letter, character, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed upon and/or inside and/or within 3 feet of a window for the purpose of being visible from the exterior of the window." Section 18.80.050 Signs on public property. A. General Prohibition. Except as provided for in this section, no signs may be displayed on city property by private parties. Any sign posted on city property in violation'of this section may be summarily removed by the city. B. The following signs are exempt from the provisions of this sign code: 1. Traffic control and traffic directional signs erected by the city or another governmental unit. 2. Official notices required or authorized by law. 3. Signs placed by any governmental agency, utility or special district, in furtherance of these entities' official functions. C. -Human Advertisements. All human advertisement is prohibited on public property in the City of Grand Terrace. D. Exception: Temporary Off-site Commercial Signs. 1. The following temporary signs may be placed in the public right-of-way, subject to a sign permit: Signs for any business that provides goods or services that meet one or more of the following criteria: (1) the business is of a transitory or temporary nature; (2) the business does not have a fixed place of business or the goods or services themselves cannot practically be viewed and/or sold out of one business location or any business location. 2. Before a business may place its signs in the public right-of-way pursuant to this Section, the director must make a_,finding, in accordance with the procedures in Section 18.8.050.E,that a particular type of business satisfies the criteria in Section 18.80.050.D. 3. Without a prior finding by the director, temporary signs for the following goods and services are deemed to satisfy the criteria for the exception in subsection D.1, above: a. Real estate directional signs, directing to properties that are for sale or for rent within l the City limits. ORDINANCE NO. 296 PAGE 15 OF 48 JULY 12,2016 b. Yard sale directional signs, including garage sales and estate sales, directing where such sales are to occur. 4. Temporary signs in the public right-of-way are subject to all of the following limitations: a. Signs shall be temporary signs, and will not be permanently affixed to or in the public right-of-way, but may be anchored or weighed down to or in the public right-of-way to prevent them from falling or being blown into the street or sidewalk. b. Temporary signs displayed under this section shall only be placed in landscaped parkways, and shall not be placed on the sidewalk or in the center street median. c. No signs shall be placed on utility poles, light or traffic light poles, traffic signs or traffic sign poles, street trees or fences. d. No more than twenty five (25) signs per licensed entity may be temporarily placed in the public right-of-way at any one time. e. The sign area shall be no larger four(4) square feet. f. All signs shall not exceed 3' (three feet) in height, measured from the highest street grade in contact with the sign to the top of the sign. g. No signs shall be placed so as to obstruct pedestrians' and motorists' view of signs erected by a local, state, or federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs. h. No- signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles. i. No signs shall be placed so as to obstruct ingress and egress to any public or private property. j. Temporary signs displayed under this section shall only be placed on the public right- of-way Thursday through Sunday during the hours of 8:00 a.m. to 5:00 p.m. k. Temporary signs in the public right-of way shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts or be caused to be moved, and shall not generate any source sounds (including radio waves), and shall not release steam or smoke. 1. Any other reasonable restrictions, or modifications to the above restrictions, which the director finds are necessary to further the purposes of this Code, consistent with the type of sign or business. ORDINANCE NO. 296 PAGE 16 OF 48 JULY 12, 2016 - E. Exception and Appeal. 1. The director must make the determination of whether a business falls within the exception in Section 18.80.050.D within five (5) business days of receipt of a written request by the sign's owner for such determination. The director shall notify the applicant of his or her decision forthwith by U.S. Mail. 2. In the event that the director denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the director's decision in writing to the city manager, who shall review all relevant evidence relating to the appeal. The city manager shall make a determination within five (5) business days of receipt of the appeal. The city manager shall notify the applicant of the determination forthwith by U.S. Mail. 3. In the event that the city manager denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the city, manager's decision in accordance with Section 18.80.090 Appeals. Section 18.80.060 Permit required. The following permits shall be required for signs: A. Sign Permit. j 1. Applicability. A sign permit shall be required for all permanent signs (building attached or freestanding) prior to erection, relocation, alteration, or replacement of a sign, unless otherwise exempted by this chapter. A Sign Permit shall not be required for general maintenance .of existing signs or the replacement of the sign face (including message)-when the area of the sign is not being changed and a building permit is not required (e.g.,the replacement of a sign face on a can sign). 2. Approval authority. The designated approving authority for sign permits shall be the city manager, or his or her designee. 3. Approval findings. A sign permit shall be granted when the city manager, or his or her designee finds the proposal to be in conformance with all applicable provisions of this chapter. 4. Additional permits. In addition to a sign permit, a building permit may also be required. . B. Temporary Sign Permit. 1. Applicability. A temporary sign permit shall be required for all temporary signs (building-attached or freestanding), prior to erection or placement, unless otherwise exempted by this chapter. r 1 ORDINANCE NO. 296 PAGE 17 OF 48 JULY 12, 2016 2. Approval authority. The designated approving authority for temporary sign permits shall be the director. 3. Approval findings. A temporary sign permit shall be granted when the director finds the proposal to be in conformance with all applicable provisions of this title. C. Sign Program. 1. Purpose and intent. A sign program provides a process for the city's review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a sign program is to allow for the integration of a project's signs with the design of the structures so as to achieve architectural consistency. 2.. Applicability. A sign program shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three (3) or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking.facilities. 3. Approval authority. The designated approving authority for sign programs shall be the planning commission acting as the site and architectural review committee. 4. Approval findings. A sign program, or revisions thereto, may be approved only when the site and architectural review committee makes all of the following findings: a. That the proposed sign program is consistent with the development standards for signs as provided in this chapter; and b. The design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development. 5. Conditions of approval. The designated approving authority may impose conditions in order to ensure compliance with this title and to prevent adverse or detrimental impacts to the surrounding neighborhood. Section 18.80.070 Application review procedures. A. Method of Application. An application for a sign permit, temporary sign permit, sign program shall be made on the form(s) prescribed by the planning department. The application shall be accompanied by any fees as specified by city council resolution. B. Levels of Review. All sign permit applications shall be reviewed by the city manager or director as designated by this chapter. Appeals of the city manager or director's decision on a sign permit application shall be submitted to the planning commission. Appeals of the planning commission's decision on a sign permit application shall be submitted to the city council. The city council's decision regarding such appeals shall be final. ORDINANCE NO. 296 PAGE 18 OF 48 JULY 12, 2016 C. Timely Decision. The city manager's or director's shall issue a decision in writing within thirty (30) days of receipt of a complete application. The timely decision requirement may be waived by the applicant. If a decision is not rendered within the required time, the application shall be deemed granted. D. Processing of Applications. 1. Completeness. If the city manager or director determines that the application is incomplete,the city manager .or director shall notify the applicant in writing within five days for sign permits, and within 15 days for sign programs, of receipt of the application, and the reasons therefore, including any additional information necessary to render the application complete. 2. Denial of permit. A permit application will be denied if any of the following occurs: a. The applicant has installed a sign in violation of the provisions of this chapter anywhere on the subject property and, at the time of submission of the application, the illegal sign has not been legalized, removed, or included in the application so as to be brought into compliance; or b. The applicant has not obtained any applicable required zoning clearance for the property where the proposed sign would be located. E. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the city manager's or director's written notice of determination shall specify the grounds for such denial. F. Right to Permit. When any sign application complies fully with all applicable provisions of this chapter, and with all other applicable laws, rules, and regulations, the permit shall be approved and issued within the required time. G. Permit Denial. When a permit application is denied, the denial shall be in writing and delivered to the address shown on the applicant's form, and shall state the grounds for denial. H. Appeal. The appeal right arises whenever a written decision is delivered to the applicant. In this context, "delivered" means either when it is personally delivered or 5 days after it is placed in the US mail,whichever occurs first. I. Time for Appeal. Any affected party may appeal in writing any sign permit decision, so long as the notice of appeal is delivered to the city within 10 calendar days of the date the director's or planning commission's decision is delivered. J. Status Quo. Pending an appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes a significant and immediate threat to public safety. ORDINANCE NO. 296 PAGE 19 OF 48 JULY 12, 2016 K., Appeal Hearing Procedure. Appeal hearings required by this section shall be conducted in accordance with the procedures set forth in Section 18.80.090 below. L. Judicial Review. Following final decision by the City Council, any affected party may seek judicial review of the final decision on a sign application pursuant to California Code of Civil Procedure §1094.8. M. Permits Issued in Error. The City may summarily revoke any approval or permit issued in error at any time before substantial work in reliance upon the permit has been accomplished, by the city issuing written notice to the holder of the reason for the revocation. N. Additional permits. A sign permit shall not be valid unless all applicable building and electrical permits related to the sign are lawfully issued and finaled by inspection by the appropriate department. Section 18.80.080 Application requirements. A. Sign Permit. The application for a sign permit shall be made on the form provided by the director and shall be accompanied by a processing fee established by resolution of the city council. The application shall contain all of the following information and materials, except that some requirements may be waived by the city manager or director when not applicable to the type of sign being proposed. 1. Site Plan. Three sets of a scaled and dimensioned site plan showing: a. North arrow, scale, date drawn, applicant, contact person and phone number(s); b. Property lines and fronting streets, with street names labeled; C. Location and dimensions of the building(s) upon which wall sign(s) are proposed; d. Relationship of the proposed sign to existing or proposed adjacent buildings,. structure, signs, property lines, streets, and.driveways on or adjacent to the parcel where the sign is to be located (may not be needed for wall-mounted signs). e. Where directional signs are proposed, the location of off-street parking facilities, including major points of entry and exit for motor vehicles. 2. Building Elevations. Three sets of scaled and dimensioned building elevations of each side of a building where signs are proposed depicting each proposed sign. 3. Landscape Plan. Three sets of scaled and dimensioned landscape plan showing all landscaped areas required for'freestanding signs, and shall indicate the location of all proposed plant material, common and botanical names, quantities and sizes. ORDINANCE NO. 296 PAGE 20 OF 48 JULY 12, 2016 4. Sign specifications. Three sets of scaled and dimensioned sign specifications showing proposed design, size, exact colors, materials and location of the sign or sign structure. 5. Construction plans. Three sets of scaled and dimensioned plans depicting construction details, method of attachment and electrical specifications for each sign; and, 6. Any proposed lighting,'including internal and external illumination. Information on lighting intensity may be required, as determined necessary by the director. B. Temporary Sign Permit. 1. No temporary on-site signs may be erected without a permit. 2. Temporary sign permits may be obtained at the Planning Division and are issued pursuant to an expedited permit process. Permits for temporary signs that are in conformance with the applicable provisions of this chapter will be issued within 2 business days of application. 3. The application for a sign permit shall be made on the form provided by the director and shall be accompanied by a processing fee established by resolution of the city council. The application shall contain all of the following information and materials, except that some requirements may be waived by the director when not applicable to the type of sign being proposed a. Proposed sign dimensions, fabrication, colors, and fonts. r b. Number of temporary signs per business. C. A plot plan showing the proposed placement of temporary signs. d. Proposed time duration of sign placement. C. Sign Program requirements. 1. Application. The application for a sign program shall be made on the form provided by the director and shall be accompanied by a processing fee established by resolution of the city council. 2. Contents. A Sign Program shall include the following information: a. A coordinated design theme, incorporating uniform design elements for various types of signs to be used in the project area, including wall signs, freestanding signs, canopy and awning signs, directional signs, and others as appropriate; ORDINANCE NO. 296 PAGE 21 OF 48 JULY 12, 2016 b. Desired use, design, location and size of temporary signs, including window signs, special event signs, flags, banners, portable signs, and others, as appropriate; C. The desired size, area and location of signs to be located throughout the project site; d. Methods by which signs will be attached to buildings and structures; e. Methods and levels of illumination; f. Choice of colors and lettering styles; and g. Those items identified in subsection 18.80.080.A(1) through (A)(4) and (A)(6) of this section. Section 18.80.090 Appeals. A. A decision by the city manager or director to conditionally grant, deny, or revoke a sign permit may be appealed to the planning commission. The applicant must submit a written request for an appellate hearing by the planning commission to the city clerk within 10 days of the date the city manager or director's decision is delivered to the applicant. The written request must be accompanied by a processing fee, as determined by city council resolution. Failure to timely appeal a decision to the planning commission, or submission of a written request without the processing fee, is deemed a waiver of the right to appeal the decision. B. A decision by the planning commission to conditionally grant, deny, or revoke a sign permit, including a ruling on an appeal of the director's decision on a sign matter, may be appealed to the city council. The applicant must submit a written request for an appellate hearing by the city council to the city clerk within,10 days of the date the planning commission's decision is delivered to the applicant. The written request must be accompanied by a processing fee, as determined by city council resolution. Failure to timely appeal a decision to the city council, or submission of a written request without the processing fee, is deemed a waiver of the right to appeal the decision. C. Within 10 days of receipt of the written request and processing fee, the city clerk must notify the applicant of a hearing date. The hearing date must be within 30 days of the date of mailing of the notice for the hearing. Section 18.80.100 Judicial review of city council's decision. The city council's decision is final. The decision is deemed final on the day that it is deposited into the U.S. mail, addressed to the appellant at the address provided on the sign permit application, or delivered in person to the appellant. The notice of decision must provide that the appellant has the right to challenge the city council's decision in a court of law, in accordance with the provisions of Sections 1094.8 of the California Code of Civil Procedure. ORDINANCE NO. 296 PAGE 22 OF 48 JULY 12, 2016 Section 18.80.110 Exempt signs. The following sign types are expressly exempted from the permit requirements of this chapter but still must satisfy any and all other applicable permit requirements when necessary (e.g., building, electrical, plumbing, grading, encroachment); and shall comply with Section 18.80.130.(F) (Interference with Motorists Field of Vision). A. Exempt Signs Without Limitations. The following are exempt from sign permit and City review requirements: 1. Official traffic signs or other municipal governmental signs, legal notices, advertisements prescribed by law and placed by governmental entities, and signs indicating the location of buried utility lines or any notice posted by a governmental officer in the scope of his or her duties. 2. Direction, warning, or information signs or structures required or authorized by law, or by federal, state, county, or City authority, including, but not limited to, traffic control signs (e.g., stop, yield), highway route number signs, and construction zone ,signs. 3. Noncommercial utility company signs identifying cables, conduits, and dangerous situations. 4. Street address signs on buildings and building identification signs consistent with the City-adopted building code or relevant provisions of the City Municipal Code. Notwithstanding anything in this Section, street address signs may be illuminated and may contain reflective paint or material. 5: Signs and advertising for the California state lottery as authorized by California Government Code §8880 et seq. 6. Any sign located entirely within a building and not within three feet of a window, and which is not visible from the exterior of the building, is exempt from the requirements of this chapter. B. Exempt Signs with Limitations. The following signs are exempt from a Sign Permit and City review, provided that they meet the size, height, duration, and/or maximum number limitations listed: 1. Signs on non-residential property undergoing permitted construction not exceeding thirty-two (32) square feet each in area per side, maximum of two sides 64 square feet total, fifteen feet (15') in height, and set back a minimum of ten (10') feet from the property line. One such sign is permitted per street frontage. _ a. A maximum of 6 flags with a maximum sign area of 15 square feet per flag,'not to t exceed 15 feet in height is permitted ORDINANCE NO. 296 PAGE 23 OF 48 JULY 12, 2016 b. Such signs shall not be illuminated and shall be removed within five (5) days of the - earliest of the following events: final building inspection approval, issuance of a valid certificate of occupancy, opening for business to the public, or expiration of the building permit 2. Signs on property for sale or lease as follows: a. On residential property, one (1) sign not exceeding four (4) square feet and not exceeding a height of five feet(5'). b. On multi-family property with more than twelve (12) dwelling units, one (1) sign per street frontage, not exceeding twenty-four (24) square feet in area attached to the building or freestanding. All signs shall be located outside the public right-of-way and shall not be illuminated. C. On nonresidential and mixed-use property, one (1) sign per street frontage, not exceeding thirty-two (32) square feet in area or eight feet (8') in height. The sign shall not be illuminated. One noncommercial flag per street frontage, per " property. 3. Window signs consistent with the development standards of this chapter. Section 18.80.120 Prohibited signs. A. The signs listed in this section are inconsistent with the purposes and requirements of this chapter and, as such, are prohibited in all zoning districts. Construction, installation, or placement of the following types of signs after the effective date of this ordinance is prohibited: 1. Any sign erected without a permit, or erected,not in compliance with this chapter or with its predecessor sign code. 2. Animated signs. 3. Any sign containing fluorescent or Day-Glo colors. 4. Can and cabinet signs, except sculpted cabinet signs. 5. Flashing signs, unless otherwise permitted' as an electronic sign under this chapter. 6. Inflatable balloon signs, including, but not limited to, individual balloons, balloon strings, and other inflatable objects made of a flexible material and inflated so as to be lighter than air. This category also includes air-activated or air-blown signs and"air dancer" signs. ORDINANCE NO. 296 PAGE 24 OF 48 JULY 12, 2016 - 7. Human advertisement signs, except as permitted under section 18.80.160(E). 8. Off-site signs, except as specifically authorized by this Chapter. 9. Painted wall signs. 10. Pennants. 11. Pole signs. 12. Roof signs. 13. Signs that produce smoke, sound, or other emissions. 14. Signs which are mobile, rotate, or move, except human signs. 15. Signs which block a pedestrian path of travel or ingress and egress to a business or driveway. 16. Signs placed on the public right-of-way or affixed to an element or structure on the public right-of-way, or located on a publicly owned tree, fence, or utility pole or otherwise posted on public property, unless specifically allowed by this Chapter; or 17. Signs on private property affixed to fences, trees, shrubs, or rocks. 18. Signs that are dilapidated, abandoned, in disrepair or in a dangerous condition. Section 18.80.130 General Provisions This section describes the provisions applicable to all signs regulated by this chapter. Certain types of signs may also be subject to additional provisions. A. Sign Area,Measurement Procedures. Sign area shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight (8) straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself. Backing plates shall count as part of the sign area unless they are transparent. In the case of two-sided, multi-sided, or three-dimensional signs, the area shall be computed as including the maximum single display surface which is visible from any ground position at one time. i� ORDINANCE NO. 296 PAGE 25 OF 48 JULY 12, 2016 i s i i Isl ,gn , . L- - -- - - - - ---. --J Length Length , B. Sign Height Measurement. Sign height shall be measured as the greatest vertical distance measured from the grade at the point the sign supports intersect the ground and any accompanying architectural features of the sign. ,However, if the sign is constructed upon an artificial berm, the height of the signs, as measured from the toe of slope or berm, shall not exceed one hundred twenty-five percent (125%) of the maximum height allowed by this chapter. . _ Where constructed on an artificial berm,the maximum height cannot exceed 125%of the allowing sign height. C. Calculation. . 1. For wall signs, the permitted area for any sign shall be calculated based only on the frontage or side of a building on which the sign is located. 2. When more than one business is located in a building, the allowable sign area for each business shall be based upon the length of the lineal building frontage occupied by that business. D. Construction Requirements. Every sign and all parts, portions, and materials thereof shall be'manufactured, assembled, and erected in compliance with all applicable state, federal, and city laws and regulations, including the locally adopted building code. All signs shall comply with the following criteria: 1. All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign. 2. All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements. The application of graffiti resistant coating is \ recommended. ORDINANCE NO. 296 PAGE 26 OF 48 JULY 12, 2016 3. All freestanding signs that incorporate lighting shall have underground utility service. 4. All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed. E. Clearance from Public Utility Facilities. The person erecting a sign, and the owner of the premises, shall maintain any legally required clearance from communications and electric facilities. A sign may not be constructed, erected, installed, maintained, or repaired in any manner that conflicts withany rule, regulation, or order of the California Public Utilities Commission pertaining to the construction, operation, and maintenance of public utilities facilities. F. Interference with Motorist Field of Vision. 1. No sign shall be located in a manner which may obstruct or interfere with the view of a traffic signal or other traffic regulatory signs. 2. No sign shall, as determined by the city engineer, be located so as to create a hazard to the life or property of any person using the public right-of-way. 3. Any required landscaping may be trimmed as needed to provide maximum visibility of the sign or signs. _J 4. Signs shall not be located within the clear sight triangle. G. Obstruction of Passage. 1. No sign shall be constructed so as to obstruct any required exit, including windows, doors, fire escapes or other emergency exit of any building. 2. No sign shall be constructed or located so as to obstruct any sidewalk. H. Sign Siting. 1. Location of Signs Attached to Buildings. Building signs may be located along any frontage of a building that faces directly onto a public right-of-way or an internal parking area of the site. Where the building is within 100 feet of a residential use, signs shall not be illuminated. 2. Setback and Spacing of Freestanding Signs. a. Where a setback exists, the minimum setback distance for freestanding signs shall be measured from the back of the public right-of-way or side of a driveway. ORDINANCE NO. 296 PAGE 27 OF 48 JULY 12, 2016 b. The minimum spacing distance between permanent freestanding signs, excluding on-site directory signs, shall be 50 feet. The director will review a proposed sign location on a case-by-case basis to ensure the sign is located outside the required clear sight triangle and does not otherwise inhibit motorist safety I. Maintenance Requirements. Every sign, and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other poorly maintained or damaged portions of a sign shall be repaired or replaced within 30 days following notification by the city. J. Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This requirement does not apply to routine maintenance. K. Electronic Signs. The city finds and declares that a proliferation of electronic display signs throughout the city, and especially located on arterial streets pose a danger to the motoring public because of potential distraction from their change of message, scale, format, and other physical qualities that differentiate them from other sign types. Therefore, the City through this Sign Code limits electronic signs to be displayed only in specified areas of freeway corridors, where the impacts on driver safety are minimized. All electronic display signs existing in the city as of the effective date of this ordinance, unless specifically permitted by this Code, are declared legal nonconforming signs and may continue to operate in accordance with section 18.80.220 (Nonconforming and abandoned signs) 1. The limitation established by this section shall not apply to manually changeable copy signs or freeway signs. 2. Signs providing information on fuel price and grade and fueling stations, as well as signs displaying time and temperature information shall be exempt from this limitation on electronic display signs. Illumination levels shall conform to section 18.80.140(A)(3) of this chapter. Section 18.80.140 Design Standards. A. General Sign Development and Design Requirements. The following general design requirements shall apply to permanent on-site signs. 1. Design Compatibility with Building. Signs shall be compatible with the architectural style of the main building or buildings upon the site where the sign is located. Signs located on commercial sites, but in a predominantly residential area, shall consider compatibility with.such residential area. ORDINANCE NO. 296 PAGE 28 OF 48 JULY 12, 2016 -.. 2. Quality of Workmanship and Materials. Signs shall be of a quality commensurate with professional design standards and shall be constructed of durable materials designed to withstand the elements. No permanent sign made out of paper, cardboard, cloth, plastic sheeting, or other non-durable materials shall be permitted. Lettering, logos and other sign content shall be professionally prepared and shall appear uniform and legible. 3. Sign Illumination. The artificial illumination of signs, either from an internal or external source, shall be designed so as not to cast stray light on surrounding rights- of-way and properties. The following requirements shall apply to all illuminated signs: a. External light sources shall be directed and shielded to limit direct illumination of an object other than the sign. b. The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impacts on residential properties in direct line of sight to the sign. C. Signs exceeding one (1) square foot in size shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color. d. Colored lights shall not be used at a location or in a manner so as to be confused or constructed as traffic control devices. e. Light sources shall utilize energy-efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations. The use of energy efficient lighting features, such as solar-powered or light- emitting diodes (LED), are encouraged. 4. Landscaping. Each monument, directory and/or freeway sign shall be located within a planted landscaped area which is of a shape and design that will provide a compatible setting and ground definition to the sign, incorporating the following ratio of landscape area to total sign area a. Monument sign, four square feet of landscaped area for each square foot of sign area(one side only); b. Directory sign, two square feet of landscaped area for each square foot of sign area(one side only) C. Freeway sign, One square foot of landscaped area for each square foot of sign area(one side only) ORDINANCE NO. 296 PAGE 29 OF 48 JULY 12, 2016 B. Development and Design Standards for Specific Sign Types. In addition to the general sign design requirements in subsection 18.80.140.A above, the following requirements shall apply to the specific sign types: 1. Awning and Canopy Signs. Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied and shall be considered wall signs for signage area calculation purposes. The following requirements shall apply: a. Only permanent signs that are an integral part of the awning or architectural projection shall be allowed. Temporary signs shall not be placed on awnings. b. Awning signs shall only be allowed for first- and second-story occupancies. 2. Freestanding and Directory Signs. Monument signs shall only be permitted as follows: a. Voids between the sign face and the sign structure are prohibited. The sign face shall utilize the full width of the sign structure or coverings that are architecturally consistent with the rest of the sign to fill any voids. b. Materials and design for freestanding signs shall be complementary to the materials and design of the buildings for the related development. For example, if the fagade of the building is stucco with stone or stone veneer, a complementary freestanding sign would, also include stucco, and stone. Notwithstanding the foregoing, or any other provision of this Chapter, nothing in this Chapter shall require the alternation of a federally registered service mark. C. For freestanding signs in multi-tenant centers, the.name of the center shall not be calculated in the maximum sign area. Rather, the name of the center shall have a separate maximum sign area of 8 square feet. All tenant signs shall have a minimum letter height of eight inches (8"). The maximum number of tenants is 4 tenants on each sign face for centers with less than 300 feet,of street frontage, and 8 tenants for centers with 300 feet or greater of street frontage. The two sign faces of a monument sign are not required to be identical in terms of tenant identification. d. Freestanding signs shall be located outside of the clear sight triangle. 3. Freeway signs a. The maximum allowable number, sign face area and height of any freeway sign shall be pursuant to section 18.80.130 (Development Standards for Permanent On-site Signs). When such display area is used for commercial speech, the copy must qualify as onsite as to the shopping center or commercial complex. ORDINANCE NO. 296 PAGE 30 OF 48 JULY 12, 2016 b. For a commercial complex of 150,000 square feet or more, the maximum number of signs, sign face area, height of signs, and design criteria shall be determined by the Planning Commission through a sign program. C. Freeway signs may identify a maximum of 8 tenants d. Freeway signs, including freeway electronic message signs, may only be permitted subject to the approval by the Planning Commission. Freeway signs will be permitted when they comply section 18.80.130 (Development Standards for Permanent On-site Signs) and the following findings can be made: (i) The proposed sign is located upon the property upon which the use identified is located; (ii) The elevation of the freeway in relation to the elevation of the abutting properties justifies the height requested, and is the minimum necessary. (iii) The number and spacing of freeway signs will not.cause unnecessary confusion, clutter or other unsightliness in the general location. (iv) The use identified, as well as its type, size and intensity,justifies the size, design and location of the sign requested. (v) The needs of the traveling public for identification and directional information justifies the sign requested. e. Freeway signs may,be electronic message signs and shall be permitted subject to the following requirements: (i) No electronic message sign shall be located closer than one thousand one thousand feet to another electronic message sign. (ii) Each display shall appear for a period of at least ten seconds. Displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The sign shall remain blank (no message or display) for at least one second between separate images. . (iii) The sign shall display only noncommercial messages or onsite commercial messages, related to those establishments that are part of the complex or the merchandise or activities available on the parcels which are part of the commercial complex. The sign shall not be used as a billboard. (iv) Electronic message signs .shall automatically adjust the brightness of illumination between night and day t ORDINANCE NO. 296 PAGE 31 OF 48 JULY 12,2016 (v) Electronic message signs may not identify commercial uses or contain commercial message for uses not located on the same site as the sign. Otherwise, they are considered off-premises signs and are prohibited by this code: (vi) The sign shall be reviewed for traffic safety purposes by the City's Public Works Director as designated by the city manager and shall comply with any and all safety standards as prescribed by the State of California. Such reviews shall not consider message content. 4. Projecting Signs. Projecting signs shall be considered wall signs for the purposes of sign area calculations. Projecting signs shall only be permitted as follows: a. Location. Projecting signs shall be placed only on ground-floor fagades, except for businesses located above the ground level with direct exterior pedestrian access. b. Angle of projection. Projecting signs shall either be located at right angles to the building front along the building fagade,or, when located on the corner of a building, at a 45-degree angle to the corner of the building. C. Height. The lowest point the sign shall be a,minimum of 8 feet above grade. d. Projection. The sign may project a maximum of 4 feet from the building. e. Suspension. The sign shall be suspended with a clear space of no more than 12 inches between the sign and the building. f. Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign. g. Encroachment. Projecting signs shall not encroach into the public right-of-way or easements or be located above it, or into a designated emergency vehicle/fire access lane. h. Spacing. Projecting signs shall be spaced to maximize the visibility of signage. 5. Wall Signs. a. Wall signs shall be compatible with the predominant visual architectural elements of the building fagade. b. Wall signs shall not project more than 12 inches from the building fagade. C. Wall sign raceways shall be concealed from public view (e.g., within the building wall or otherwise integrated with the design of the sign and building) so as to not detract from the architectural character of the building. ORDINANCE NO. 296 PAGE 32 OF 48 JULY 12, 2016 d. Letter types are limited to the following: (i) Channel letters (ii) Reverse channel letters (iii) Foam letters with a hard surface (iv) Sculpted cabinet or contour signs e. Signage containing multiple elements (e.g., logo and text) on one fagade shall be designed so that the multiple elements are located and scaled in relationship to each other. 6. Neon Signs. Neon signs are only permitted as identified in section 18.80.150 (Window signs). 7. Window Signs. Window signs are ply permitted as identified in section 18.80.180 (Window signs). _ Section 18.80.150 Development standards for permanent on-site signs. The provisions in this section provide the development standards for on-site signs on private property. Regulations are listed based upon zoning district and sign type. A. Format and Organization of Standards. The signage standards listed below are summarized, where applicable, in table format for ease of use and organization. Concepts described in these tables are as follows: 1. Sign Area Allowance. Allowable sign area is either a set square footage per establishment or is based on a ratio of allowable sign area to building frontage (e.g., one square foot of sign per one lineal foot of building frontage, or 1 sgft:1 If). Where a ratio is described, it applies to-the maximum permissible sign area listed in this section. 2. Mixed-Use Zoning Districts. In mixed-use zoning districts, signage for residential uses shall be consistent with the standards for residential zoning districts (e.g., as if the development were in a residential zoning district). For nonresidential uses, signs shall be consistent with the standards for commercial and office zoning districts. B. All signs shall conform to applicable provisions of section 18.80.140 Design standards. ORDINANCE NO. 296 PAGE 33 OF 48 JULY 12, 2016 Table 18.80.150-1 Sign Standards in Residential Zones Development Standards Class Type Maximum Maximum Maximum number area sign height Location Perimeter Subdivision Wall 2 per 12 sgft 6 ft wall ID sign(l) Monument development 24 sgft 5 ft from property line 1 wall or Below Multi-family Wall monument roofline or 20� � ft, whichever Building wall < 12 units sign per street 12 sgft is less frontage, 2 5 ft from Monument max 6 ft property line 1 wall or Below roofline or 20 Multi-family Wall monument ft, whichever Building wall sign per street 24 sgft . > 13 units is less frontage, 3 5 ft from Monument max 6 ft property line Below Wall 1 per site 20 sgft roofline or 20 School or ft, whichever Building wall other is less Monument 1 per site 24 sgft 6 ft 5 ft from ro erty line Remarks: (1) Sign shall not be internally illuminated (2) Ongoing maintenance entity required (3) Subject to section 18.80.140 Design standards ORDINANCE NO. 296 PAGE 34 OF 48 JULY 12, 2016 �- Table 18.80.150-2 Sign Standards in AP Zone District Develo ment Standards Class Type Maximum Maximum Maximum Location number. area sign height Single Tenant Facilities 1 per Below street or roofline or Wall parking 1 sgft:l lf, 20 ft Parapet, or lot Max. max. 50 sgft. whichever is canopy Business frontage 3 less Identification total • 5' from 1 per signs property line Monument street or 24 sgft 6 ft. • Min. 100' frontage street frontage Multi-Tenant Facilities Below 1 roofline or Not Wall per street 1 sgft:lft, 20 ft frontage max. 40 sgft. specified whichever is Business less Identification Monument 1 per street 24 sgft. 6' 5' from frontage property line Adjacent to Nameplate�2� 1 per tenant 4 sgft. 8' tenant entrance Business Wall or To be determined 15 sq ft 6' Outside of Directory monument by the Director setbacks Remarks: (1) Subject to section 18.80.140 Design standards (2)Signs shall not be illuminated ORDINANCE NO. 296 PAGE 35 OF 48 JULY 12, 2016 Table 18.80.150-3 Sign Standards in C2 and CM Zone Districts Development Standards Class Type Maximum Maximum Maximum number area sign height Location Single Tenant Facilities • 1 single Below faced per 1 sgft:l If, roofline or Wall or street Parapet or canopy frontage max. 100 20 ft, canopy • Max 3 per sgft. whichever is less business • 5 `from Business Max. 3 24 sqft property Identification 1 per street total (may be , line Monument or frontage signs double- 6 • Min. faced) 100' street frontage 75 sgft • 5' from Freeway(I) 1 per site (may ldoubee 50' Property faced) • Multi-tenant Facilities 1 double 5 from Monument faced a street per (2)(3) 8� property frontage Max. 3 line total ;roperty 5' from 1 per signsBusiness Freeway(I� commercial 100 sgft ) 75' line Identification center • Wall or 1 single 1 sgft:I if Below Parapet or canopy face per Max. 2 (75 sqft. roofline or canopy. street or per max.) 20 ft, parking lot business whichever frontage. is less Business Wall or To be determined by 15 6 s ft ' Outside of Directory monument the Director q setbacks Remarks: (1) Subject to Site and Architectural Review and Conditional Use Permit; shall only be permitted within 250 feet of the right of way of Interstate 215 (2) 24 sft. to 36 sf<300' of street frontage; 24 sf. to 60 sq if>.300' or greater of street frontage (3) Subject to section 18.80.140 Design standards ORDINANCE NO. 296 PAGE 36 OF 48 JULY 12, 2016 Table 18.80.150-4 Sign Standards in MR and M2 Zones _ Development Standards Class Type Maximum Maximum Maximum number Location area si height Single Tenant Facilities • 1 single Below faced per 10% of Wall or street building roofline or Parapet or canopy . frontage face, 100 20 ft, canopy • Max 3 per sqft. max whichever is less business Max. 3 • 5 `from Business total 24 sqft property Identification 1 per street (may be line Monument frontage signs double- 6' • Min. faced) 100' street frontage 75 sqft • 5' from Freeway(l) 1 per site (may be 50, property double- line faced) Multi-tenant Facilities • 24 sqft • 5 `from 1 double . 32 sqft if property Monument faced per 300' or 6' line street greater • Min. frontage Max. 3 street 150' street total frontage frontage signs Business 1 per • 5' from Identification Freeway(l) commercial 75 sqft(2) 75' property center line Wall or 1 single 10% of Below Parapet or canopy face per Max.-2 building roofline or canopy. street or per face, 150 20 ft, parking lot business. sqft. max whichever frontage. is less Business Wall or To be determined by 15 6 sqft ' Outside of Directory. monument the Director q setbacks Remarks: (1) Subject to Site and Architectural Review and Conditional Use Permit; shall only be permitted within 250 feet of the right of way of Interstate 215 (2) May only identify 2 tenants (3) Subject to section 18.80.140 Design standards ORDINANCE NO. 296 PAGE 37 OF 48 JULY 12, 2016 Table 18.80.150-5 Sign Standards for Service Station Uses(l) Development Standards Class Type Maximum Maximum Maximum number area sign height Location • 1 per 10% of Below street building roofline or 5' from Wall frontage face, 30 sgft 20 ft, property • Max 2 Max. 3 Max ' whichever line Identification is less total and Pricing • 1 per signs • 24 sqft for 5' from street identification Monument(3) frontage • 12 sfqftfor 8' property • Max 2 price sign line One for each island, 2 sf • 8' if 5' from 4 max. mounted, property Special Fuel canopy on pole of line Service or ground canopy • 3' if ground sign Special Window or 2 per station. 6 sf 6' 5' from Advertisement ground property line Remarks: (1) Additional tenants shall comply with the multiple tenant provisions of the applicable zone district (2) Subject to section 18.80.140 Design standards (3) The identification and price signs shall be integrated into the design of the monument sign. C. Menu/Order Board Signs for Drive-In and Drive-Through Uses. In addition to the signage permitted in the zone district the use-is located, each drive-in or drive-through use is permitted two (2) menu/order board signs per drive-through lane. The maximum height for a menu/order board sign shall be 8 (eight) feet and the maximum area allowed is 50 square feet. No alterations or additions (e.g., rider signs) along the exterior of the menu/order board sign are permitted. D. Directional Signs for Drive-In and Drive Through Uses. In addition to the signage permitted in the zone district the use is located, each drive-in or drive-through use is permitted directional signs, for the purpose of indicating the locations of ingress'and egress points, parking locations, drive-through lanes, and other similar advisory information for the purpose of promoting traffic safety by directing vehicles off of streets and highways in a safe and orderly manner. Such signs contain the words "entrance," "enter," "exit," "in," ORDINANCE NO. 296 PAGE 38 OF 48 ' JULY 12, 2016 ,-- "out" or other similar words or a sign containing arrows o characters indicating traffic direction and-used either in conjunction with such words or separately. Directional signs shall be limited in number to four signs, or three signs per frontage for any business premises that has more than one frontage. The maximum dimensions for such signs shall not exceed two square feet in area per sign and three feet in height to the top of the sign. Section 18.80.160 Temporary on-site signs, residential. The following signs are permitted, without a permit from the City, in residential zones: A. Temporary non-commercial signs. On each residentially zoned parcel in the City, the owner or occupant, or other party with the permission of the owner and/or occupant may display temporary signage displaying any non-commercial message subject to the following rules: 1. Individual signs shall be no larger than six (6) square feet; 2. The total square footage of signage displayed under this section shall not exceed twelve (12) square feet. 3. If temporary signs posted under this section pertain to a specific event, they shall be taken down within 5 days after the event occurs. If they are not removed by this deadline, the City may remove the signs after giving twenty-four hours' Jnotice to the homeowner that the sign is displayed in violation of this subsection. B. Temporary signs displayed during one-time event. 1. The owner or occupant of a residential parcel may also display an additional temporary sign containing any commercial or non-commercial message for up to 72 hours during the occurrence of a one-time event held at the property. The sign must be removed within 24 hours after the one-time has concluded. The city may summarily remove a sign displayed in violation of this subsection. Section 18.80.170 Temporary on-site signs, non-residential zones. A. The following temporary on-site signs are permitted in all nonresidential zones subject to the following rules. 1. The business must have permanent wall or freestanding signage, except that new businesses may apply a for temporary sign while permanent sign permits are being processed. 2. Each business may display one temporary sign for not more than 120 days in any one calendar year, whether displayed consecutively or intermittently. If run intermittently, display shall be in 60 day intervals. A one-time 30 day extension may be granted. At the end of the calendar year any time remaining shall be forfeited. ORDINANCE NO. 296 PAGE 39 OF 48 JULY 12, 2016 3. Off-site temporary signs are prohibited, except as permitted in this chapter. 4. Temporary signs shall not be illuminated. 5. Signs shall not impede or obstruct pedestrian walkways or parking spaces; nor shall they obstruct clear sight triangles. 6. Signs shall be cleaned, updated and/or repaired, as necessary, to maintain an attractive appearance and to ensure safe operation of the sign. Unacceptable sign conditions include broken or missing sign faces, broken or missing letters, chipped or peeling paint, and missing or broken fasteners. Failure to respond to a written request from the city to perform maintenance work shall result in revocation of the sign's permit. 7. Temporary signs may not be affixed to utility poles, fences, trees, rocks, permanent signs, awnings or decorative elements of landscaping. 8. Temporary signs shall not be counted towards the'total allowable sign area for a use. B. In addition, the following provisions apply to banners: 1. The maximum area of a banner shall not exceed 2;5 square feet. 2. Where a business occupies a building or tenant space that is located a minimum of one hundred (100) feet from the property line facing the public street, the maximum area of the banner shall not exceed 32 square feet. 3. Banners shall be attached to the wall of the building to which it relates and shall not extend above the roof or eave line. 4. Banners shall not be hung from poles, trees, awnings, eaves or similar structures. Banners shall be hung with permanent attachments, such as bolts or screws. Banners shall not be tied to a structure with rope, string,twine, or similar materials. C. In addition,the following apply to feather banners (flag signs): 1. The maximum area of a flag sign shall not exceed 25 square feet. 2. No portion of a flag shall extend closer than 3 feet to the property line. 3. The height of the flag shall not exceed 8 feet. 4. Flag signs shall maintain a 5 foot separation from,other signs. 5. Feather banners shall be allowed for multiple family uses. ORDINANCE NO. 296 PAGE 40 OF 48 JULY 12, 2016 D. In addition,the following shall apply to portable signs: ' 1. The maximum area of a portable sign shall not exceed 12 square feet. 2. No portion of a portable sign shall extend closer than 3 feet to the property line. 3. The height of the portable sign shall not exceed three 3 feet. 4. A 5 foot separation from any other sign shall be maintained. E. In addition,the following shall apply to human advertisement signs: 1. Signs held by hand or personally attended to.when on private property and consistent with the following requirements: a. The maximum aggregate size of all signs held or personally attended by a single person is twelve (12) square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area. b. The maximum size of any one sign which is held or personally attended by two (2) or more persons is twenty-five (25) square feet, measured on one side only. c. The sign must have no more than two (2) display faces and may not be inflatable or air-activated. d. Persons displaying signs under this Section may not stand in any vehicular traffic lane, within clear sight triangles, or sidewalks, or anywhere on public property as per section 1.8.80.50 (D) above. Section 18.80.180 Window Signs A. Commercial and industrial zoning districts shall be permitted to display window signs, subject to the following regulations: 1. No permit is required for window signs. Provided that, any business that is found to have window signs not in conformance with this section may be required to obtain permits for all window signs for a period of 12 months following the violation to ensure compliance with the provisions of this section. 2. The business must have permanent wall or freestanding signage. 3. No time limit is placed on the display of window signs. 4. A window sign includes any interior sign within three feet of a window which is visible from the exterior of the business. ORDINANCE NO. 296 PAGE 41 OF 48 JULY 12, 2016 5. Window area shall be computed by calculating each window pane or panel. The area shall be separate for each building face and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than 6 inches apart. 6. Window signs may cover no more than 25% of the total transparent window area of the business, as defined in subsection 5 of this section. 7. Window signs shall not be illuminated except for signs constructed of neon tube letters and/or symbols. In such instances, window signs may include up to two neon signs per business. 8. Signs shall be cleaned, updated and/or repaired as necessary to maintain an attractive appearance and to ensure safe operation of the sign. Unacceptable sign conditions include broken or missing sign faces, broken or missing letters, chipped or peeling paint, and missing or broken fasteners. Failure to respond to a written request from the city to perform maintenance work shall result in code compliance action. Section 18.80.190 Off-site signs. A. Purpose. The purpose of this section is to provide signage opportunities for those businesses that have limited opportunities for on-site signage due to their location or nature of business. B. Applicability. Permitted businesses with a physical location inside the City limits located over 1,000 feet from the Barton Road corridor, as measured from the right of way line, may construct off-site signs subject to an approved Conditional Use Permit. C. Off-Site Directional Signs. This section rescinds the Freestanding Residential Subdivision Directional Sign Program established by Resolution Nos. 80-20 and 82-10 adopted by the City Council. D. General Requirements 1. A conditional use permit shall be submitted that includes a sign location plan showing the site of each sign and that demonstrates compliance with this section shall be submitted to the Planning Department prior to the issuance of the Sign Permit. 2. Individual signs shall not be larger than nine (9) square feet, eight feet (8') in height, and attached to a City-approved sign stand. 3. Up to four off-site signs may be permitted. 4. Signs shall be limited to no more than three (3) structures on the same side of the. street and shall not be located within 100 feet of'another freestanding sign structure, or within six hundred (600) feet of another off-site sign. ORDINANCE NO. 296 PAGE 42 OF 48 JULY 12, 2016 5. Signs shall be located outside of clear sight triangles. 6. Signs shall not be placed on collector or local streets. 7. Signs may be constructed on improved or unimproved property along major and secondary highways, as designated in the General Plan. 8. Signs proposed on private property shall have the property owner's written permission; signs proposed within the public right-of-way shall obtain an encroachment permit. 9. The licensee or holder of an encroachment permit shall indemnify and hold the'City, and its officers and employees, harmless of all costs, claims and damages levied against them 10. Signs shall not obstruct the use of sidewalks, walkways, and bike lanes and shall not obstruct the visibility of motorists,pedestrians of traffic control signs. 11. Sign panels shall not be internally illuminated. 12. Sign structure installations shall include"break away"design features. 13. No signs, pennants, flags or other devices for visual attention or other appurtenances shall be placed on the directional signs. 14. The design of all off-site signs shall be consistent throughout the city. Sign lettering used for identification panels shall be uniform in style and size. 15. Damaged, torn, defaced or faded signs shall be removed or replaced within 24 hour notice. Failure to maintain signs shall result in revocation of permits to place off- site signs. Section 18:80.200 Temporary Use and Special Event Signs A. Temporary Use and Special Event Signs 1. The organizer, owner, operator, or authorized representative of an organization, company, association or other group, that holds or sponsors a one-time special event or temporary use within the City and does not have a fixed business location within the City may request permission to display temporary signage as permitted by this Section as part of the approval of a temporary use or special event permit. Temporary uses include but may not be limited to seasonal activities such as holiday tree sales, sales of pumpkins, parking lot sales, and small-scale arts and crafts sales. Special events include but are not limited to circuses, carnivals, festivals, outdoor concerts, - . bicycle races, marathons, car shows, and other activities similar in scope and nature. ORDINANCE NO. 296 PAGE 43 OF 48 JULY 12, 2016 n 2: Signs for temporary uses shall be limited to one per use and shall be located on-site. 1 Signs for special events shall not exceed four per event and may be located on- or off- site, with proof of property owner permission. The sign area for each sign shall not shall not exceed twenty-four (24) square feet and the top of the sign shall not be placed higher than eight feet above grade. 3. Permitted sign types for special events include the following, provided they do not obstruct or interfere with pedestrian or vehicular traffic: a. Pennants and streamers; b. Balloons and inflatable signs; C. Beacons; d. Banners, including feather banners; e. Portable freestanding signs, such as A-frames. 4. Temporary signs permitted under this Section for organizers, owners, operators, or authorized representatives of an organization company, association or other group holding or sponsoring a special event, may be displayed no more than thirty (30) days prior to the special event and shall be taken down no later than five (5) days after the _ event. Temporary signs permitted under this section for organizers, owners, operators, or authorized representatives of an organization, company, association or other group for temporary uses may be displayed only during the duration of the temporary use. Section 18.80.210 Parking of advertising vehicles. A. Definitions. Yor purposes of this section, the following words or phrases shall have the following meanings: 1. Convey. To drive, carry,pull, or otherwise transport. 2. Mobile billboard advertising display. An advertising display that is attached to a vehicle or any other mobile, non-motorized device, conveyance, or bicycle that carries, pulls, or transports a sign or billboard. and is for the primary purpose of advertising. B. No person shall park or convey any mobile billboard advertising display as defined herein, either standing alone or attached to a motor vehicle, upon any public street or public lands in the City of Grand Terrace. C. Removal of Mobile Billboard Advertising Displays Authorized. Pursuant to Section 22651 (v) and (w) of the California Vehicle Code, a peace officer, or any regularly employed and salaried employee of the City, who is authorized to engage and is engaged in directing ORDINANCE NO. 296 PAGE 44 OF 48 JULY 12, 2016 r traffic or enforcing parking laws and regulations, may remove, or cause to be removed, the mobile billboard advertising display, or anything that the mobile billboard display is attached to, including a motor vehicle, located within the territorial limits of the City when the mobile advertising display is found upon any public street or any public lands, if all of the following requirements are satisfied: 1. When a mobile billboard advertising display either standing alone or attached to a motor vehicle, is parked or left standing in violation of this Code, and the registered owner of the vehicle or display was previously issued a warning notice or citation for the same offense; 2. A warning notice or citation was issued to a first-time offender at least 24 hours prior to the removal of the vehicle or display. The City is not required pursuant to Section 22651(v)(2) and Section 22651(w)(2) of the California Vehicle Code to provide further notice for a subsequent violation prior to enforcement; and 3. The warning notice or citation advised the registered owner of the vehicle or display that he or she may be subject to penalties upon a subsequent violation of the ordinance that may include removal of the vehicle or display. D. Permanent Advertising Signs Excepted. Pursuant to Section 21100(p)(2) and (p)(3) of the California Vehicle Code, this section does not apply to advertising signs that are permanently affixed in a manner that is painted directly upon the body of a motor vehicle, applied as a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle. E. Post Storage Impound Hearing. Section 22852 of the California Vehicle Code applies to this Section with respect to the removal of any mobile billboard advertising display vehicle. Section 22852 is incorporated by reference as if set forth in full herein and provides, in summary, that whenever an authorized employee of the City directs the storage of a vehicle, the City shall direct the storage operator to provide the vehicle's registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within 48 hours, excluding weekends, as specifically provided for under Section 22852 of the California Vehicle Code. To receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within ten days of the date appearing on the notice. The City may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle. F. Violation — Penalties. After the initial warning citation, a subsequent violation of this i Section is a misdemeanor, punishable upon conviction by a fine of not less than Two Hundred Fifty Dollars ($250), nor more than One Thousand Dollars ($1,000), or by ORDINANCE NO. 296 PAGE 45 OF 48 JULY 12, 2016 imprisonment in the county jail for not more than six months, or by both fine and ; imprisonment. At the discretion of any person duly authorized by the Chief of Police to issue a citation for any violation of this section, or the Grand Terrace City Attorneys Office, a violation of this section may be an infraction enforced through the-parking penalty process set forth in Section 40200 et seq. of the California Vehicle Code. The city council may establish from time to time by resolution an increase in the amount of the fine. Section 18.80.220 Nonconforming Signs and Abandoned Signs A. Nonconforming Signs. 1. Except as otherwise provided by this section, all existing signs which do not meet the requirements of this chapter shall be deemed nonconforming signs and shall either be removed or brought into compliance with this chapter when a substantial alteration to the sign is made. Change of copy shall not be deemed a substantial alteration. 2. For purposes of this section, a "substantial alteration" shall be defined as repair or refurbishing of any sign that alters its physical dimensions or height, or replaces any integral component of the sign including, but not limited to, alterations to exterior cabinets, bases, or poles. In addition, substantial alteration shall also include any repair or refurbishing of a sign that exceeds 50% of the depreciated value of the sign and structure, but excepting customary maintenance. 3. "Customary maintenance" shall be defined as any activity or work performed for the purpose of actively maintaining the sign in its existing approved physical configuration and size dimensions at the specific location approved by the City and includes the following: a. Repainting the sign text, cabinet, or other component of the sign without changing the advertising message; or b. Routine replacement of border and trim with substantially the same colors and materials. 4. A nonconforming sign may remain in use provided no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted for customary maintenance in subsection 18.80.100.I'(Maintenance Requirements) of this chapter. B. Abandoned Signs. Abandoned signs may be abated by the city. For regulatory purposes, any factors indicating abandonment shall not begin occurring until 120 days after the effective date of this ordinance. i ORDINANCE NO. 296 PAGE 46 OF 48 JULY 12, 2016 r-, Section 18.80.230 Compliance with Sign Code as Condition of Permit Approval- Any existing legal nonconforming sign may be required to be brought into coffipliancwith current applicable code. requirements, or removed as a condition, of approval.- of many redevelopment, building, conditional use, or other permit or. -approval-;=regiiired'=under�any provision of.the Grand Terrace Municipal Code for the same property where;tlie nonconforming sign is located, so long as a nexus exists between the permit or approval and'the°sign.that must be' removed or brought into compliance. - Section 18.80.240 Penalty Any violation of or failure to comply with the provisions of this chapter may be enforced pursuant to Chapter 1.16 of the Grand Terrace Municipal Code and by another other procedure authorized by law." SECTION 2.. Section 5.40.070 (Signs) of Chapter 5.40 (Garage Sales) of Title 10 is revised to read as follows: "Section 5.4.070 Signs A. Signage advertising garage sales are considered commercial signage permitted by section 18.80.160, subdivision (B) "Temporary signs displayed during one-time event" and section 18.050.1) of this Code and shall comply with all the requirements." SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA' guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. SECTION 4. Any provision of the Grand Terrace Municipal Code or appendices thereto' that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no.further, is hereby repealed or modified to the extent necessary to effect the provisions.of this Ordinance. SECTION 5. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end,the provisions of this ordinance are declared to be severable. SECTION 6. First read at a regular meeting of the City Council held on the 26th day of April, 2016, and finally adopted and ordered posted at a regular meeting of said City Council on - the 12t" of July, 2016. ORDINANCE NO. 296 PAGE 47 OF 48 JULY 12, 2016 ATTEST: = . Pat Q ar.'- J Dar City _lei _ = °: Mayor I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 121h of July, 2016, by the following vote: AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tem Robles, Mayor McNaboe NOES: None ABSENT: None ABSTAIN: None Pa e 01 City Cler Approved as to form: Richard L. Adaies, II . City Attorney ORDINANCE NO. 296 PAGE 48 OF 48 JULY 12, 2016