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06-18-2015 CITY OF GRAND TERRACE PLANNING COMMISSION AGENDA Council ChambersRegular Meeting6:30 PM CALL TO ORDER Convene the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance. Roll Call Attendee NamePresentAbsentLateArrived Chairman Tom Comstock¨¨¨ Vice-Chairman Ryan Stephens¨¨¨ Commissioner Jeffrey Allen¨¨¨ Commissioner Tara Ceseña¨¨¨ Commissioner Edward A. Giroux¨¨¨ APPROVAL OF AGENDA PRESENTATION None PUBLIC ADDRESS Public address to the Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Community Development Department. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the Planning Commission may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Chairman may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. City of Grand TerracePage 1 AgendaGrand Terrace Planning CommissionJune 18, 2015 A.CONSENT CALENDAR Minutes Approval 1. Approval of Minutes Regular Meeting 01/16/2014 DEPARTMENT: CITY CLERK B.PUBLIC HEARINGS 1. Zoning Code Amendment 15-01 Amending Title 18 Relating to Chapter 18.80 Signs RECOMMENDATION: Adopt Resolution No. 2015-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMEND TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING CHAPTER 18.80 SIGNS IN ITS ENTIRETY DEPARTMENT: COMMUNITY DEVELOPMENT C.INFORMATION TO COMMISSIONERS D.INFORMATION FROM COMMISSIONERS ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on July 2, 2015 at 6:30 p.m. than 14 calendar days preceding the meeting. City of Grand Terrace Page 2 A.A.1 CITY OF GRAND TERRACE PLANNING COMMISSION MINUTES Council ChambersRegular Meeting6:30 PM CALL TO ORDER Chairman Comstock convened the Meeting of the Planning Commission and Site and Architectural Review Board at 6:30p.m. Pledge of Allegiance was led by Commissioner Giroux. ROLL CALL Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Robert BailesCommissionerPresent Ryan StephensVice-ChairmanPresent Ohm KongtangCommissionerPresent Ivy TsaiAssistant City AttorneyPresent Sandra MolinaDeputy Community Development DirectorPresent A.APPROVAL OF AGENDA AgendaApproved, all ayes Chairman Comstock, Vice-Chair Stephens, Commissioner Kongtang and Commissioner Bailes, all approved the January 16, 2014 agenda. B.PRESENTATION None C.PUBLIC ADDRESS None D.CONSENT CALENDAR None E.ACTION ITEMS None F.PUBLIC HEARINGS 6.1 2013-2021 Housing Element City of Grand TerracePage 1 Packet Pg. 3 A.A.1 MinutesGrand Terrace Planning CommissionJanuary 16, 2014 Community Development Director Sandra Molina Presented the staff report and stated that the Housing Element is not substantially different than what the Commission has already looked at in September, 2013. The changes were made were after we had a workshop and we took it forward to the City Council for a workshop, as well. It was then sent to HCD for review. that email is attached in the staff report. Director Molina stated there are elements that still need to be revised to meet state law provisions. The Housing Element is required to be adopted by February 15, 2014, and the biggest item is the re-zoning of 1.40 acres to a higher density, and that were are deficient by about half an acre. Staff also went through the available land inventory and stated that staff believes we demonstrated adequate land to accommodate our allocation of the 118 units. However, HCD disagreed. HCD provided eight comments in their review letter, and four out of the eight comments have to do with rezoning. The statue requires we adopt our Element within the time frame required or the review reverts to a four year cycle. We do have zones that potentially can be rezoned, and we would also want to consider the affordable housing overlay zone with HCD again. Director Molina stated that the public comment and the participation sections of the Draft Element have been revised. We also revised the Element to discuss how it complied with public services relating floods. Notice of the hearing was sent to church the notices we sent out. The Environmental review is still applicable and no additional reviews are required at this time. Chairman Comstock The Chairman asked the Commissioners if they had any further questions for staff. Vice Chair Bailes Minutes Acceptance: Minutes of Jan 16, 2014 6:30 PM (Minutes Approval) Stated he would like staff to research the site analysis for further additional comments, and identified a typo on Page 53. Community Development Director Molina Director Molina stated she did not believe there have been any low affordable housing projects since 2010. City of Grand Terrace Page 2 Packet Pg. 4 A.A.1 MinutesGrand Terrace Planning CommissionJanuary 16, 2014 Vice Chair Bailes Commented he noticed the discussion of homeless people in City of Grand Terrace and he knows of two of them. He claimed they are not homeless and their family live near but they prefer to live out on the streets. Community Development Director Molina Stated that she, Code Enforcement Officer Barrie Owens, and a Sheriff Deputy where homeless may likely live. For example; near freeways, drainage ditches such areas. No homeless were counted during the 2013 Count. HCD did not feel the count was valid and asked staff to reference the six homeless again. Commissioner Stephens Asked if HCD required the City to provide housing for the six homeless persons. Community Development Director Molina Responded, no. Vice Chair Bailes The promotion of equal housing opportunities as reflected in the final draft it states there is 120 homeowners and 150 renters with extreme low income, 72% of homeowners and 58% renters are overpaying. Is this the City's obligation to enforce the amount which is paid and how would the City enforce renters on amounts charged. Community Development Director Molina What the Housing Element allows the City to provide is the data for certain groups such as senior households, disabled households, and also identified areas of over payment. Under the Federal Law, if you pay more than 30% of your gross income for housing you are overpaying, if you pay over 50% you are severely overpaying for housing and this survey helps identify the issues for overpayment. This information helps us devise housing programs, but we are not required to dictate to owners or renters what rent should be. Programs could encourage housing provided for a lesser rental amount. Minutes Acceptance: Minutes of Jan 16, 2014 6:30 PM (Minutes Approval) Commissioner Bailes Thank you. Commissioner Bailes identified a typo on page 23 item C. Commissioner Bailes Addressed staff and asked, if in the given case the City does not meet requirements of the Housing Element what are the penalties? City of Grand Terrace Page 3 Packet Pg. 5 A.A.1 MinutesGrand Terrace Planning CommissionJanuary 16, 2014 Assistant Deputy Attorney Ivy Tsai If the City did not compile with the proposed information from the Housing Element, they have the jurisdiction to discontinue the City's redevelopment. Chairman Comstock Wanted to know if the Housing Element can force its cities to enforce their policies. Assistant Deputy Attorney Ivy Tsai The incompliance of the City to the proposed information from the Housing Element can caused regulatory abilities to be discontinued. For instance, a City would not be in compliance with regulations, and it could affect development projects that also included redevelopment. Chairman Comstock I see this often, their numbers are way out of line with what's even possible within the City of Grand Terrace. Assistant Deputy Attorney Ivy Tsai Responded this is an issue that many cities are faced with. Chairman Comstock I know the last Housing Element or the previous Element, the Economic Development Director needed to visit and let them know we cannot meet the requirements, they would need to lower the numbers for us as a City. I find it difficult if someone in Sacramento knows what going on in our City more than we do. It seems that every time we go through this they increase their numbers. Assistant Deputy Attorney Ivy Tsai The previous director met with us to discuss the numbers and found that there were many cities that were built out, we can only do what we can by providing the accurate data. The City needs to do what it needs to get done. Minutes Acceptance: Minutes of Jan 16, 2014 6:30 PM (Minutes Approval) Chairman Comstock In order to rezone certain properties within the community may become legal non- conforming. For instance, the City came in and rezoned after we became a church and I came to City to discuss and see what could be done because we were legal non- can come and say we want to increase the density and we want you to go to a higher density and the land owner may choose not to do so and these are my concerns. City of Grand Terrace Page 4 Packet Pg. 6 A.A.1 MinutesGrand Terrace Planning CommissionJanuary 16, 2014 Community Development Director Sandra Stated that SANBAG did provide the opportunity to review the drafted number and the numbers came back higher. Director Molina stated she and former Director Joyce Powers met with SANBAG and they did consider their suggestions and both Joyce Powers and Sandra Molina were surprised that the number was 118 from the last cycle of 330. Chairman Comstock Asked the Assistant City Attorney if she has witness any repercussions done to other cities for not abiding. Assistant Deputy Attorney Ivy Tsai She stated she could not recall in her experience but taking the risk of not abiding by the regulations the City could potentially lose local control. Although she could not recall in her experience, rather than take a risk, the City should try to comply, and maintain local control. Chairman Comstock Stated that the designated people at the state offices are making decisions based on assumptions, and those assumptions are not in line with what is currently happening in the City Assistant Deputy Attorney Ivy Tsai She stated that the staff had been effective in working with SANBAG in adjusting the numbers, and it is essentially up to the City to stay vigilant so the numbers may continue to be as accurate as possible. Chairman Comstock He stated that staff was doing a wonderful job especially with the recent discussion with SANBAG, having them agree to the City's terms. Assistant Deputy Attorney Ivy Tsai Minutes Acceptance: Minutes of Jan 16, 2014 6:30 PM (Minutes Approval) The City Council adoption is critical because it is not in the City's best interest to revert to the 8 year cycle and to stay on the 4 year cycle. City of Grand Terrace Page 5 Packet Pg. 7 A.A.1 MinutesGrand Terrace Planning CommissionJanuary 16, 2014 1. CONDUCT A PUBLIC HEARING; AND 2. ADOPT THE ATTACHED RESOLUTION RECOMMENDING CITY COUNCIL ADOPTION OF THE 2013-2021 HOUSING ELEMENT. RESULT: APPROVED \[UNANIMOUS\] MOVER: Tom Comstock, Chairman SECONDER: Robert Bailes, Commissioner AYES: Tom Comstock, Robert Bailes, Ryan Stephens, Ohm Kongtang G.INFORMATION TO COMMISSIONERS Community Development Director Sandra The Planning Commission needs to begin to look at the three year term coming up in June and we need to start to strategize on the advertisement for the three available positions including the vacancies. H.INFORMATION FROM COMMISSIONERS Chairman Comstock I noticed the Gas Company decided to patch rather than repave the section. They patched like they've should of done but the Gas Company is not done yet, do we know the status? Community Development Director Sandra Stated the Gas Company's work has not been completed as of yet and she will be following up. Minutes Acceptance: Minutes of Jan 16, 2014 6:30 PM (Minutes Approval) City of Grand Terrace Page 6 Packet Pg. 8 A.A.1 MinutesGrand Terrace Planning CommissionJanuary 16, 2014 ADJOURN Chairman Comstock adjourned the Planning Commission meeting at 7:30 p.m. Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on February 20, 2014 at 6:30 p.m. _________________________________ _________________________________ Tom Comstock Sandra Molina Chairman of the Grand Terrace Planning Deputy Community Development Director Commission Minutes Acceptance: Minutes of Jan 16, 2014 6:30 PM (Minutes Approval) City of Grand Terrace Page 7 Packet Pg. 9 This page left intentionally blank. B.2 AGENDA REPORT MEETING DATE:June 18, 2015 TITLE:Zoning Code Amendment 15-01 Amending Title 18 Relating to Chapter 18.80 Signs PRESENTED BY:Sandra Molina, Community Development Director RECOMMENDATION:Adopt Resolution No. 2015-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMEND TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING CHAPTER 18.80 SIGNS IN ITS ENTIRETY 2030 VISION STATEMENT: This item supports Goal #3, "Promote Economic Development", by updating the Sign Code and aligning it with the City's 2030 Vision and Economic Development Implementation Plan. BACKGROUND: The draft Sign Code is a complete re-write of the existing sign code, for a number of reasons. The new sign code is more comprehensive, and Vision 2030 compliant. It contains very specific provisions that will make it easier to implement and easier to understand. ppearance is a major component of its economic viability. Aesthetically pleasing roadways and business districts are critical to attracting new investment and to maintaining and enhancing the local economy. Therefore, to ensure the City's success in thisarea, some level of sign control is necessary for economic, as well as aesthetic, reasons. A basic premise was established that the proper balance must be struck between a City's desire to promote aesthetically pleasing, vision-compliant signage and a business's desire to effectively promote itself. Additionally, proliferating signs can be difficult to tell apart from each other from a moving vehicle, having a counterproductive effect for the businesses being promoted, and be distracting to drivers. The Planning Commission has conducted a series of public workshops on the Grand Terrace sign code, to discuss sign issues, with focus on those issues that have proven to be problematic over time. Several members of the public were in attendance and provided comment during the meetings. Packet Pg. 10 B.2 At the last workshop held on December 14, 2014, the Planning Commission was satisfied with the draft Sign Code; however, they asked staff to review the program that is currently in place for off-site subdivision directional signs, and there was a question regarding studies on electronic signs. DISCUSSION: Animated Signs Regarding animated signs, City Attorney staff reviewed three studies relating to electronic signs and driver distraction. Based on this review, there is reliable evidence that digital advertising displays are distracting to drivers, but the evidence that this distraction impacts traffic safety is inconclusive at this time. While inconclusive, there is reliable evidence, and given the number of distractions drivers have inside a vehicle, the potential cannot be discounted. Electronic signs, are in essence, animated signs, and therefore, these conclusions are applicable to animated signs. Offsite subdivision directional signs Pursuant to City Council resolutions the City Council established an off-site subdivision directional sign program to be operated by the Building Industry Association (BIA). Those provisions have been in place since for some time. Many cities have this program in place and many utilize the BIA for its implementation. The benefit to the program is that it is maintained and operated by the BIA, and staff deals with one entity. In addition, it is a standardized program throughout the City. The BIA will cover the cost of installing new a new sign kiosk, and the developer is responsible for covering the cost of producing the individual sign panel and a monthly maintenance fee. The BIA inspects all signs on a monthly basis and will remove any graffiti, weeds, etc. In addition the BIA responds and addresses City requests within 73 hours. The BIA is required to obtain permits from the City prior to installing signs. The costs of obtaining permits and installing the kiosk are borne by the BIA. At the December workshop a local resident and broker asked the Commission to consider requesting that the Council rescind the program through the BIA. Staff followed up with the local developer and he expressed that he was not pursuing the request. Staff does not recommend any changes to the program. Other changes In addition, City staff met with members of the Chamber of Commerce earlier this year to discuss the draft sign code. Discussed were clarification of window sign coverage as opposed to opaqueness, sign program provisions, duration of temporary signs, banner sizes, and human signs. Packet Pg. 11 B.2 Staff clarified that window sign area coverage refers to sign copy and the permissible coverage area on the window. Opaqueness is when a window is complete covered and cannot be seen through, such as through a dark tint. The draft code would prohibit opaque windows. Chamber representatives had asked that there be provisions to allow properties that could not support a second monument sign to have a wall-mounted multi-tenant sign. After reviewing the provisions of the sign program, which would allow for unique project or site specific factors to be considered to allow such a sign, the Chamber felt the current provisions are adequate. With regard to temporary signs, the draft code allows a temporary sign for 120 days with one 30 day extension. The days are proposed to run consecutively in order to minimize the amount of staff resources that would be needed to ensure compliance. Chamber representatives request 180 days and that instead of running consecutively, that the time period run in 30 day intervals, to allow business owners greater advertising flexibility. There is merit to both positions. Therefore, staff recommends a revision that keeps the time period at 120 days, but adds that if the temporary sign is to be displayed intermittently, that it in 60 consecutive day intervals. Chamber representatives also requested that there be consideration for business that are set back from the street, and do not have as much visibility as others. The current size limit is 25 squa Section 18.80.140.B that allows banners up to 32 square feet in size, when a business is in a building that is located at least 100 feet back from the street. With regard to human signs, Chamber representatives requested that Staff consider revision to the draft code to allow for human signs. Human signs are where a person (sometimes in costume) stands on the sidewalk, usually at an intersection, twirling a sign. Staff does not recommend allowing human signs, as they are a distraction to motorists, and detract from the aesthetic view point. In further review of the proposed sign code, staff recommends the following changes: The AP zone district, which primarily permits office and medical uses has provisions for directory signs. Directory signs are for the benefit of the user so that they can located the floor and/or suite number of the business. Directory signs are on-site and pedestrian oriented, and thus not intended as advertising. Staff modified the permitted signs tables for the commercial and industrial zones as it is conceivable that these types of signs may also apply to these zone districts. Section 18.80.130 relating to signs for drive-through uses was modified to include provisions for directional signs. Directional signs are used for the purpose of indicating Packet Pg. 12 B.2 the locations of ingress and egress points, parking locations, and drive through lanes for the purpose of directing vehicles. Directional signs contain words such as, "entrance," "enter," "exit," "in," "out", or a sign containing arrows or characters indicating traffic direction. Other changes were made for purposes of clarification or to correct typographical errors. All revisions are shown in strikeout format. CONCLUSION The proposed sign code is a modern set of constitutional regulations compliant with sign law; and although the entire chapter has been updated the focus has been on temporary and window signs. Staff believes that the proposed code strikes the balance between the City's desire to promote aesthetically pleasing, vision-compliant signage and a business's desire to effectively promote itself. Therefore, staff recommends that the Planning Commission adopt the attached resolution recommending City Council adoption of a new Sign Code. ATTACHMENTS: Draft Resolution (DOCX) Draft Sign Ordinance (DOC) APPROVALS: Sandra Molina Completed 06/05/2015 12:02 PM City Attorney Completed 06/11/2015 2:51 PM Community Development Completed 06/11/2015 5:09 PM Planning Commission Pending 06/18/2015 6:30 PM Packet Pg. 13 B.2.a RESOLUTION NO. 2015- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMEND TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING CHAPTER 18.80 SIGNS IN ITS ENTIRETY WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings, structures, and land as between industry, business, residences, and open space, and other purposes; to regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot which may be occupied by a building or structure, and the intensity of land use; and to establish requirements for off-street parking, in compliance with the California Government Code WHEREAS, an activity is not subject to the California Environmental Quality Act (CEQA) if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15061(c)(2)); if the activity is not a project as defined in Section 15378 (Section 15060(c)(3)); and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (Section 16061(b)(3)). WHEREAS, the Planning Commission conducted fully noticed public workshops on the proposed sign changes on September 4 and 18, 2014, and December 18, 2014. WHEREAS, on June 18, 2015, the Planning Commission conducted a duly noticed public hearing on Zoning Code Amendment 15-01 at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date. WHEREAS, all legal prerequisites to the adoption of this Resolution have Attachment: Draft Resolution \[Revision 2\] (1711 : Sign Code Amendment) occurred. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace: 1. The Planning Commission recommends that the City Council find that proposed Zoning Code Amendment is not subject to the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15061(c)(2)); is not a project as defined in Section 15378 Page 1 of 5 Packet Pg. 14 B.2.a (Section 15060(c)(3)); and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (Section 16061(b)(3)) 2. The Planning Commission finds as follows with respect to proposed Zoning Code Amendment 15-01: a. The proposed zoning amendment will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or injurious to property or improvements in the neighborhood or within the City because the 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 economic health, and that signs should not become visual distractions along public roadways. b. The proposed zoning amendment is consistent with and promotes the adopted General Plan, such as Land Use Goal 2.1 to provide for balanced growth which seeks to provide a wide range of employment and housing opportunities and maintenance of a healthy, diversified community, and Land Use Policy 2.3.2 to m established commercial areas, as an encouragement of new commercial development. 3. Based on the findings and conclusions set forth above, this Commission hereby finds that there is good cause for the adoption of the ordinance, as stated in, and by this reference reaffirmed by the Commission, the lengthy Attachment: Draft Resolution \[Revision 2\] (1711 : Sign Code Amendment) and detailed findings set forth in the ordinance, attached hereto as Exhibit 1 to this resolution, and recommends that the City Council adopt the attached Ordinance. Page 2 of 5 Packet Pg. 15 B.2.a PASSED AND ADOPTED by the Planning Commission of the City of Grand th Terrace, California, at a regular meeting held on the 18 day of June, 2015. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ _________________________ Pat Jacques-Nares Tom Comstock City Clerk Chairman Attachment: Draft Resolution \[Revision 2\] (1711 : Sign Code Amendment) Page 3 of 5 Packet Pg. 16 B.2.a Exhibit 1 Attached on following page Attachment: Draft Resolution \[Revision 2\] (1711 : Sign Code Amendment) Page 4 of 5 Packet Pg. 17 B.2.a 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 ____ of _____, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Pat Jacquez-Nares City Clerk Approved as to form: ___________________________________ Richard L. Adams, II City Attorney Attachment: Draft Resolution \[Revision 2\] (1711 : Sign Code Amendment) Page 5 of 5 Packet Pg. 18 B.2.b Attachment 1 ORDINANCE NO._________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT 15-01, AMEND TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING CHAPTER 18.80 SIGNS IN ITS ENTIRETY 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); 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; WHEREAS, the City Council finds that an uncontrolled proliferation of signs , 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; 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 . 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); WHEREAS, the City Council recognizes that businesses have an interest in having signage that effectively advertises goods or services, and that is visible to Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) potential customers; 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; 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; Draft - June 8, 2015 Packet Pg. 19 B.2.b 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; 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 prohibiting all off-premises commercial signs, and by limiting the time, place, and manner of placement of commercial signs on commercial lots; 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; WHEREAS, this ordinance relating to the regulation of signs includes a statement of purpose by the regulations. Desert Outdoor Advertising, Inc. v. City of Moreno Valley, 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); 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.g., National Advertising Co. v. City of Orange, 861 F.2d 246 (1987) (content based exemptions rendered the entire ordinance content based because the 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); WHEREAS, the City Council intends, by adoption of these regulations, to clarify current law, and not to restrict or alter sign display area available to businesses; WHEREAS, these regulations allow on-site commercial signage while prohibiting 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); Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 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; WHEREAS, a message substitution provision has been added regulations, allowing any sign regulated by the new provisions of this Ordinance to display a noncommercial message, so that 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 Draft - June 8, 2015 Packet Pg. 20 B.2.b F.3d 810 (9th Cir. 2003); Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604 (9th Cir. 1993); 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; WHEREAS, the City Council specifically finds that temporary real estate sale directional signs and temporary garage or estate sale directional signs are signs that relate to businesses for which on-premises signage does not provide adequate advertising of the goods or services sold because the nature of these 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; WHEREAS, the City Council finds that human advertisements (as defined in this ordinance), constitute a traffic hazard by their conduct, which distracts the attention of drivers away from the road and to a business or service; WHEREAS, the City Council finds that prohibiting commercial conduct that is intended to, or 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: Sections: 18.80.010 Purpose Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 18.80.020 Policies for Sign Regulations 18.80.030 Signs on Public Property 18.80.040 Permit Required 18.80.050 Application Review Procedures 18.80.060 Application Requirements 18.80.070 Appeal of decision to Planning Commission 18.80.080 18.80.090 Exempt Signs 18.80.100 Prohibited Signs Draft - June 8, 2015 Packet Pg. 21 B.2.b 18.80.110 General Provisions 18.80.120 Design Standards 18.80.130 Development Standards for Permanent On-Site Signs 18.80.140 Temporary On-Site Signs 18.80.150 Window Signs 18.80.160 Temporary On-Site Subdivision Signs 18.80.170 Temporary Off-Site Subdivision Directional Signs 18.80.180 Parking of Advertising Vehicles 18.80.190 Non-Conforming Signs and Abandoned Signs 18.80.200 Compliance with Sign Code as Condition of Permit Approval 18.80.210 Penalty 18.80.220 Definitions 18.80.010 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 mic 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 Vision 2030 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. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 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. 18.80.020 Policies for sign regulations. Draft - June 8, 2015 Packet Pg. 22 B.2.b 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. - 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 any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. D. General Prohibition. Any permanent or temporary sign not expressly permitted by this chapter is prohibited. E. Off-site signs are prohibited, except those expressly permitted in section 18.80.030.C (Real estate signs in public right of way) and section 18.80.170 (Temporary off-site subdivision signs). Section 18.80.030 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 Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) C. Real Estate Signs in the Public Right-of-Way. The City hereby allows for private party real estate signs that identify the location of real property in the city for sale or lease temporarily within the public right-of-way. Such signs shall not require the issuance of a sign permit, temporary sign permit, or other planning permit or entitlement. Such signs shall be consistent with the following standards. Draft - June 8, 2015 Packet Pg. 23 B.2.b 1. Up to four (4) signs to direct traffic to the subject property are allowed. Each sign shall be a maximum of four (4) square feet in area and three and one- 2. All signs shall be located outside the required clear sight visibility triangle. 3. signs that identify the location of real property for sale or lease. 4. Signs shall only be placed in landscaped parkways Thursday through Sunday for a maximum of eight consecutive (8) hours on each day., and shall not be placed on the sidewalk or in the center street median 5. No signs shall be placed on utility poles, light or traffic light poles, traffic signs or traffic sign poles, or street trees. 6. Signs shall not be designed or constructed to cause undue distraction to motorists. For example, 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, and shall not generate any source sounds (including radio waves), and shall not release steam or smoke. D. Human Advertisements. All human advertisement is prohibited in the City of Grand Terrace, where such advertisement is intended to, or does in fact, attract the attention of passing motorists to a business or service. Section 18.80.040 Permit required. The following permits shall be required for signs: A. Sign Permit. 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). Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 2. Approval authority. The designated approving authority for sign permits shall be the director of community development. 3. Approval findings. A sign permit shall be granted when the community development director 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. Draft - June 8, 2015 Packet Pg. 24 B.2.b 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. 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. of, and decisions related to, requests for signs for multi-tenant projects. The intent of a sign program is to allow for the integr 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. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 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 18.80.050 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 community Draft - June 8, 2015 Packet Pg. 25 B.2.b development 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 director. submitted to regarding such appeals. C. Timely Decision. The director 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 director determines that the application is incomplete, the 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 within the city 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; b. The applicant has not obtained any applicable required use permit 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 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. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) G. Permit Denial. When a permit application is denied, the denial shall be in writing and delivered to grounds for denial. H. Appeal. The appeal right arises whenever a written decision is delivered to the or 5 days after it is placed in the US mail, whichever occurs first. Draft - June 8, 2015 Packet Pg. 26 B.2.b 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 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. K. Judicial Review. Following final decision by the planning commission, any affected party may seek judicial review of the final decision on a sign application pursuant to California Code of Civil Procedure §1094.8. L. Permits Issued in Error. Any approval or permit issued in error is invalid. M. Additional permits. A sign permit shall not be valid unless all applicable building and electrical permits are lawfully issued and finaled by inspection by the appropriate department. Section 18.80.060 Application requirements. A. Sign Permit. The application for a sign permit shall be made on the form provided by the community development 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. 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). Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 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 Draft - June 8, 2015 Packet Pg. 27 B.2.b indicate the location of all proposed plant material, common and botanical names, quantities and sizes. 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 community development director. B. Temporary 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 director when not applicable to the type of sign being proposed. 1. No temporary on-premises 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. Temporary sign permit applications must contain all the following information: a. Proposed sign dimensions, fabrication, colors, and fonts. 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 Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) provided by the community development 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; Draft - June 8, 2015 Packet Pg. 28 B.2.b 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 18.80.060.A(1), (2), (7), (8) and (9) of this section. Section 18.80.070 Appeal of decision to planning commission. A. 1. A decision by the 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 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. 2. 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. B. Content and Conduct of Hearing. 1. Rights of the Parties. The parties (the appellant and the City) have the right to: (i) be present at the hearing; (ii) represent themselves or be represented by counsel; (iii) testify in their own behalf; (iv) call and examine witnesses, regardless of which party first called the witness to testify; and (v) rebut any adverse evidence. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 2. Admissibility of Evidence. The planning commission will hear all evidence that is relevant and material to the issues raised by the appeal. Any relevant evidence is admissible if it is the type of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of any common law or statutory rule of evidence that might make admission improper over objection in civil actions in courts of competent jurisdiction in the State of California. All witnesses must be sworn in by the Recording Secretary prior to giving testimony. Draft - June 8, 2015 Packet Pg. 29 B.2.b Relevant hearsay evidence is admissible, but may not be solely relied upon by the planning commission to reach a determination. 3. Degree and Burden of Proof. The city has the burden to prove its case by a preponderance of the evidence; that is, evidence which has more convincing force and the greater probability of truth than the evidence which is offered in opposition to it; evidence which as a whole shows that the fact sought to be proved is more probable than not. 4. Decision by the planning commission. After all the speakers have been heard and all the evidence has been reviewed, the hearing shall be declared closed. After close of the hearing, members of the planning commission may publicly discuss the matter before them and may ask questions of persons who have spoken before them. Upon the conclusion of the discussion, a commissioner will ask for a motion declaring the decision of the planning commission. The motion must be made and seconded, and voted upon by the planning commission. An appeal is approved if a motion with appropriate findings is carried by a majority vote of the members voting. The failure to carry a motion to approve constitutes denial of the appeal. The planning delivered to the appellant. Section 18.80.080 Judic 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 planning 1094.8 of the California Code of Civil Procedure. Section 18.80.090 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). A. Exempt Signs Without Limitations. The following signs are exempt from sign Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) permit and City review requirements: 1. this Title. 2. 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. Draft - June 8, 2015 Packet Pg. 30 B.2.b 3. 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. 4. Noncommercial utility company signs identifying cables, conduits, and dangerous situations. 5. 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. 6. Signs and advertising for the California state lottery as authorized by California Government Code §8880 et seq. 7. 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 Sign Permit and City review, provided that they meet the size, height, duration, and/or maximum number limitations listed: 1. Signs on property undergoing construction or remodeling not exceeding thirty- two (32) square feet each in per site. Such signs shall not be illuminated and shall be removed within thirty (30) 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, lease, or rental 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 Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 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. Draft - June 8, 2015 Packet Pg. 31 B.2.b 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. 18.80.100 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, except time and temperature signs. 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- 7. Human advertisement signs. 8. Off-site signs, except as provided in section 18.80.030.C (Real Estate Signs) and section 18.80.170 (Temporary off-site subdivision directional signs). 9. Painted signs. 10. Pennants. 11. Pole signs. 12. Roof signs. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 13. Signs that produce smoke, sound, or other emissions. 14. Signs which are mobile, rotate, or move. 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; or Draft - June 8, 2015 Packet Pg. 32 B.2.b 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 18.80.110 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. 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. 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 Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 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. Draft - June 8, 2015 Packet Pg. 33 B.2.b 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. 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 with a 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. 4. Signs shall not be located within the clear visibility 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 Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) internal parking area of the site. Orientation of signs such that they face directly onto residential property is to be avoided and is allowed only when there is no practical alternative and the visibility of the sign from the residence is minimized. 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. Unless an encroachment permit is granted, all Draft - June 8, 2015 Packet Pg. 34 B.2.b freestanding signs shall be located outside of the public right-of-way and any required clear visibility sight triangle. 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 visibility 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. Clear Sight Triangles 1. 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. a. Prohibited. The following shall be prohibited within a clear sight triangle: (1) Monument signs. (2) Hedges or shrubbery. b. 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: (1) Signs. (2) Mounds of earth. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) (3) Other visual obstructions. c. Exceptions. The requirements for clear sight triangles shall not apply to: (1) 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. Draft - June 8, 2015 Packet Pg. 35 B.2.b 2. Dimensions and Location. Clear sight triangles are right triangles that shall be measured as follows: a. The 90-degree angle is formed by the intersection of either: (1) The intersection of the edges of two roadways as measured at the edge of their ultimate planned right-of-way; or (2) 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. b. The two 45-degree angles of a clear sight triangle shall each be located as follows: (1) Roadway intersections - 30 feet from the roadway intersection. (2) Private driveway or alleyway - ten feet from the intersection. L. Electronic Signs. The city finds and declares that electronic display signs 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. All electronic display signs existing in the city as of the effective date of this ordinance are declared legal nonconforming signs and may continue to operate in accordance with section 18.80.190 (Nonconforming and abandoned signs). 1. The limitation established by this section shall not apply to manually changeable copy 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 18.80.120(A)(3) of this chapter. Section 18.80.120 Design Standards. A. General Sign Development and Design Requirements. The following general design requirements shall apply to permanent on-site signs. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 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. 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 Draft - June 8, 2015 Packet Pg. 36 B.2.b 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 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) Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) B. Development and Design Standards for Specific Sign Types. In addition to the general sign design requirements in subsection 18.80.120.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: Draft - June 8, 2015 Packet Pg. 37 B.2.b 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 façade of the building is stucco with stone or stone veneer, a complementary freestanding sign would also include stucco and stone. 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 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 line of sight triangle. e. Freeway signs may identify a maximum of 8 tenants. 3. 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 façades, except for businesses located above the ground level with direct exterior Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) pedestrian access. b. Angle of projection. Projecting signs shall either be located at right angles to the building front along the building façade 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. Draft - June 8, 2015 Packet Pg. 38 B.2.b e. Suspension. The sign shall be suspended with a clear space of at least 6 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 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. 4. Wall Signs. a. Wall signs shall be compatible with the predominant visual architectural elements of the building façade. b. Wall signs shall not project more than 12 inches from the building façade. 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. 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 signs e. Signage containing multiple elements (e.g., logo and text) on one façade shall be designed so that the multiple elements are located and scaled in relationship to each other. 5. Neon Signs. Neon signs are only permitted as identified in section 18.80.150 (Window signs). Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 6. Window Signs. Window signs are only permitted as identified in section 18.80.150 (Window signs). Section 18.80.130 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. Draft - June 8, 2015 Packet Pg. 39 B.2.b 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 sqft:1 lf). 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 18.80.120 Design standards. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) Draft - June 8, 2015 Packet Pg. 40 B.2.b Table 18.80.130-1 Sign Standards in Residential Zones (2)(3) Development Standards Class Type Maximum Maximum Maximum Location number area sign height Perimeter Wall 12 sqft wall Subdivision 2 per 6 ft (1) ID sign development 5 ft from Monument 24 sqft property line Below 1 wall or roofline or 20 monument Wall Building wall ft, whichever Multi-family < sign per 12 sqft is less 12 units street frontage, 2 5 ft from Monument 6 ft max property line Below 1 wall or roofline or 20 monument Wall Building wall ft, whichever Multi-family > sign per 24 sqft is less 13 units street frontage, 3 5 ft from Monument 6 ft max property line Below roofline or 20 Wall 1 per site 20 sqft Building wall ft, whichever School or is less other 5 ft from Monument 1 per site 24 sqft 6 ft property line Remarks: (1) Sign shall not be internally illuminated (2) Ongoing maintenance entity required (3) Subject to section 18.80.120 Design standards Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) Draft - June 8, 2015 Packet Pg. 41 B.2.b Table 18.80.130-2 Sign Standards in AP Zone District (1) Development Standards Class Type Maximum Maximum Maximum number Location area sign height Single Tenant Facilities 1 per Below street or roofline or 1 sqft:1 lf, Parapet, or Wall parking 20 ft, max. 50 sqft. canopy lot whichever is Max. frontage less Business 3 Identification total signs 1 per property line Monument street or 24 sqft 6 ft. frontage street frontage Multi-Tenant Facilities Below roofline or 1 per street 1 sqft:1ft, Not Wall 20 ft, frontage max. 40 sqft. specified whichever is less Business 1 per street Identification Monument 24 sqft. frontage property line Adjacent to (2) Nameplate 1 per tenant 4 sqft. tenant entrance To be determined Business Wall or by the Community Outside of 15 sqft Directory monument Development setbacks Director Remarks: (1) Subject to section 18.80.120 Design standards (2)Signs shall not be illuminated Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) Draft - June 8, 2015 Packet Pg. 42 B.2.b Table 18.80.130-3 Sign Standards in C2 and CM Zone Districts (3) Development Standards Class Type Maximum Maximum Maximum number Location area sign height Single Tenant Facilities 1 single Below faced per 1 sqft:1 lf, roofline or Wall or street Parapet or max. 100 20 ft, canopy frontage canopy sqft. whichever Max 3 per is less business Max. 3 Business 24 sqft property total Identification 1 per street (may be line Monument signs or frontage double- faced) street frontage 75 sqft (may be property (1) Freeway 1 per site double-line faced) Multi-tenant Facilities 1 double faced per (2)(3) Monument property street line Max. 3 frontage total signs 1 per property (1)(2)(3) Business Freeway commercial 100 sqft line Identification center Wall or 1 single 1 sqft:1 lf 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 To be determined by Business Wall or Outside of the Community 15 sqft Directory monument setbacks Development Director Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 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 > street frontage (3) Subject to section 18.80.120 Design standards Draft - June 8, 2015 Packet Pg. 43 B.2.b Table 18.80.130-4 Sign Standards in MR and M2 Zones (3) Development Standards Class Type Maximum Maximum Maximum number Location area sign height Single Tenant Facilities 1 single Below faced per 10% of roofline or Wall or street building Parapet or 20 ft, canopy frontage face, 100 canopy whichever sqft. max Max 3 per is less business Max. 3 Business 24 sqft property total Identification 1 per street (may be line Monument signs frontage double- faced) street frontage 75 sqft (may be property (1) Freeway 1 per site double-line faced) Multi-tenant Facilities 24 sqft 1 double property 32 sqft if faced per line Monument street greater Max. 3 frontage street street total frontage frontage signs Business 1 per property (1)(2) Identification Freeway commercial 75 sqft line center 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 To be determined by Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) Business Wall or Outside of the Community 15 sqft Directory monument setbacks Development Director 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 18.80.120 Design standards Draft - June 8, 2015 Packet Pg. 44 B.2.b (1) Table 18.80.130-5 Sign Standards for Service Station Uses (2) Development Standards Class Type Maximum Maximum Maximum number Location area sign height Below 1 per 10% of roofline or street building Wall 20 ft, frontage face, 30 sqft property line whichever max Max 2 Max. 3 is less Identification total and Pricing signs 1 per 24 sqft for street identification (3) Monument frontage property line 12 sfqftfor Max 2 price sign One for each island, 2 sf 4 max. property line mounted, on pole of Special Fuel canopy canopy Service or ground ground sign Special Window or 2 per station. 6 sf Advertisement ground property line Remarks: (1) Additional tenants shall comply with the multiple tenant provisions of the applicable zone district (2) Subject to section 18.80.120 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 Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) lane. The maximum height for a menu/order board sign shall be 6 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. C.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 Draft - June 8, 2015 Packet Pg. 45 B.2.b directing vehicles off of streets and highways in a safe and orderly manner. Such signs contain the words "entrance," "enter," "exit," "in," "out" or other similar words or a sign containing arrows or 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 18.80.140 Temporary on-site signs A. The following temporary on-site signs are permitted, except that the following temporary signs may be displayed 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 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 consecutive day intervals. A one-time 30 day extension may be granted. At the end of the calendar year any time remaining shall be forfeited. 3. Off-site temporary signs are prohibited. 4. Temporary signs shall not be illuminated. 5. Signs shall not impede or obstruct pedestrian walkways or parking spaces; nor shall they obstruct clear line of 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, Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) permanent signs, awnings or decorative elements of landscaping. 8. Temporary signs shall not be counted towards the total allowable sign area for a lotuse. B. In addition, the following provisions apply to banners: 1. The maximum area of a banner shall not exceed 25 square feet. Draft - June 8, 2015 Packet Pg. 46 B.2.b 1.2. 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. 2.3. Banners shall be attached to the wall of the building to which it relates and shall not extend above the roof or eave line. 3.4. 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. 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 temporary signs shall be maintained. Section 18.80.150 Window Signs A. Commercial and industrial zoning districts shall be permitted to display window signs, subject to the following regulations: Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 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. Opaque windows are prohibited. 4. No time limit is placed on the display of window signs. Draft - June 8, 2015 Packet Pg. 47 B.2.b 5. A window sign includes any interior sign within three feet of a window which is visible from the exterior of the business. 6. 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. 7. 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. 8. 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. 9. 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 18.80.160 Temporary on-site subdivision signs A. Temporary on-site subdivision signs require issuance of a sign permit and shall be permitted in all districts as follows: 1. One temporary on-site freestanding of sign, not to exceed 32 square feet per side, maximum of two sides 64 square feet total, and a total overall height of 15 feet, may be permitted per street frontage of the boundary of the project, not to exceed two signs for all phases of any subdivision 2. A maximum of 6 flags with a maximum sign area of 15 square feet per flag, not to exceed 15 feet in height is permitted. 3. All signs shall be permitted for 12 months, and may be extended for an additional 12 months, except that within 10 days after all lots in the subdivision are sold, all signs must be removed. 4. Signs shall not be illuminated. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 5. Signs shall be maintained in good repair at all times. 6. A cash deposit of $500.00 per sign shall be deposited with the sign application to ensure compliance with this chapter and removal of such sign, as necessary. The deposit shall be refunded to the applicant upon sign removal. If the city causes the removal of any sign for a violation of this section, the cost of removal shall be deducted from the deposit. Draft - June 8, 2015 Packet Pg. 48 B.2.b Section 18.80.170 Temporary off-site subdivision directional signs Off-site subdivision directional signs shall be permitted in any district as follows: A. Panel and sign structure design shall be approved by the community development director, pursuant to city council resolution setting forth design criteria. The sign structure shall not exceed eight (8) feet in height and five (5) feet in widthheight. Each sign panel shall not exceed ten (10) inches in height. B. A sign structure shall be located not less than 600 feet from an existing or previously approved sign site. Further, each sign panel may only contain the name of the subdivision and a directional arrow. C. The placement of each sign structure shall be reviewed and approved by the community development director. D. All signs are to be placed on private property or city right-of-way with written consent of the property owner or a city encroachment permit obtained and filed with the department of building and safety prior to issuance of a permit. E. Any such sign approved for a particular subdivision within the city shall not be changed to advertise another subdivision without approval of the community development director. F. There shall be no additions, tag signs, streamers, devices, display boards or appurtenances added to the signs as originally approved. Further, no other directional signs may be used, such as posters or trailer signs. G. All nonconforming subdivision directional signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit. H. No subdivision signs shall be erected advertising subdivisions located outside the city limits. I. The signs shall be allowed until the subdivision is sold out or for a period of twelve months, whichever comes first. Extensions of this twelve-month time limit can be approved by the community development director in cases of hardship. J. All subdivision signs shall be subject to provisions established by city council resolution. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) Section 18.80.180 Parking of advertising vehicles. A. Definitions. For 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, Draft - June 8, 2015 Packet Pg. 49 B.2.b 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 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 Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 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 Draft - June 8, 2015 Packet Pg. 50 B.2.b 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 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 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 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 18.80.190 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. Fo 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. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 3. all 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. Draft - June 8, 2015 Packet Pg. 51 B.2.b 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. Section 18.80.200 Compliance with Sign Code as Condition of Permit Approval Any existing legal nonconforming sign may be required to be brought into compliance with current applicable code requirements, or removed as a condition of approval of any redevelopment, building, conditional use, or other permit or approval required under any provision of the Grand Terrace Municipal Code for the same property where the 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 18.80.210 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. Section 18.80.220 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 2. A-frame sign. See Portable freestanding sign 3. Alteration. Any change of size, shape, illumination, position, location, Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) construction or supporting structure of an existing sign. 4. Animated sign. A sign with action or motion, rotating, flashing or color changes, excepting therefrom wind-actuated elements such as flags, banners, streamers, whirligigs or other similar nature-activated devices 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. Draft - June 8, 2015 Packet Pg. 52 B.2.b 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, 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. 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. 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 Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 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 between the letters is not part of the sign structure but rather of the building Draft - June 8, 2015 Packet Pg. 53 B.2.b façade. A logo may also be considered a channel letter or sculpted can sign provided it is clearly distinguishable from other sign elements. 17. City. The City of Grand Terrace. 18. City Engineer. The City Engineer of the City of Grand Terrace, or designee. 19. Commercial message. Any sign, wording, logo, or other representation that names or advertises a business, product, service, or other commercial activity. 20. 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. 21. Copy. Any written words, letters, symbols, emblems, designs, figures, and logos used to attract attention to, or identify, a land use. 22. 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. 23. 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. 24. Director. The Director of Community Development of the City of Grand Terrace, including designee. 25. 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. 26. 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. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 27. Electronic message sign. An electronic sign, typically comprising a liquid crystal diode (LCD), light-emitting diode (LED), plasma, or other digital illuminated display that contains one or more messages. An electronic message sign is different from an illuminated sign in that the illumination of the display creates the message, rather than an internal or external light source illuminating the message. 28. Exempt Sign. A sign which is not subject to a sign permit. Draft - June 8, 2015 Packet Pg. 54 B.2.b 29. 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. 30. 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. 31. 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. 32. 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 he entire length of the business establishment. 33. 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. 34. Gasoline price sign. Sign located at fuel stations which, typically, identify the brand or type and price of gasoline sold. 35. Glare. The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. 36. 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 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 37. Holiday and seasonal decoration. Lighting and other materials, including festive flags, in the nature of decorations, clearly incidental to and customarily Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) and commonly associated with any national, state, local or religious holiday. 38. Human advertisement. Any person who is located anywhere within the city, and whose intent is to advertise 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. 39. 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 Draft - June 8, 2015 Packet Pg. 55 B.2.b in accordance with the ordinances and other applicable laws in effect on the date of construction. 40. 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. 41. 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. 42. Logo. A visual symbol, representation, or character identifying the business or service provided 43. 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. 44. Maintenance. Replacement of copy, change of color, maintenance, or repair made to a sign. 45. Menu/Order board sign. A sign installed in a drive-through facility and oriented so as to be visible primarily by drive-through customers. 46. 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. 47. Monument sign. 48. Noncommercial Sign. A sign that displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern. 49. Nonconforming Sign. A sign lawfully erected that does not comply with the Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) provisions of this chapter. 50. 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. 51. 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 Draft - June 8, 2015 Packet Pg. 56 B.2.b 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. 52. Painted Sign. A sign that comprises only paint applied on a building or structure. 53. 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. 54. Permanent sign. All signs referred to in Chapter 18.80, except for temporary signs. 55. 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. 56. Projecting sign. A sign that projects more than twelve (12) inches from the exterior face of a building wall or façade and which uses the building wall as its primary source of support. 57. 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. 58. 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. 59. 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. 60. 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. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 61. 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 Draft - June 8, 2015 Packet Pg. 57 B.2.b c. Is visible from the outside of a building. 62. 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 63. Sign face. That area or portion of a sign on which copy is intended to be placed. 64. 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. 65. Temporary Subdivision Sign. A temporary or otherwise limited-term sign for the purpose of providing direction for vehicular and/or pedestrian traffic to the new home sale of multiple lots or dwelling units with a single builder within a master planned community, including both single-family and multi-family for- sale products. All other home sales signs are included within the definition of Real estate sign. 66. 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 67. 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. Attachment: Draft Sign Ordinance \[Revision 2\] (1711 : Sign Code Amendment) 68. 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. Draft - June 8, 2015 Packet Pg. 58