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2016-190 Sign RegulationsOrdinance No. 2016-190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE MENIFEE MUNICIPAL CODE BY REPEALING ORDINANCE NO. 348 ARTICLE XIX, ORDINANCE NO. 679 AND ORDINANCE NO. 806, AND ADOPTING A NEW CHAPTER 9.76 "SIGN REGULATIONS" WHEREAS, on October 1, 2008, the City of Menifee incorporated , becoming the local government authority for the City 's corporate boundaries ; and WHEREAS , on December 18, 2013, following the certification of an Environmental Impact Report (State Clearinghouse # 2012071033), the City Council of the City of Menifee adopted a comprehensive General Plan for the City , including Goals and Policies for the safe and responsible growth and development of the community ; and WHEREAS, the City Council wishes to protect and preserve the quality of the resident ial and commercial areas of the City , as well as the quality of life throughout the City , through effective land use and planning; and WHEREAS, City staff has prepared an Ordinance that would add a new Chapter 9. 76 "Sign Regulations " to the City of Menifee Municipal Code (the "Ordinance"), which is intended to create a comprehensive, balanced content-neutral system of sign regulation that will facilitate communication and simultaneously serve various public interests, including, but not limited to , safety and community aesthetics; and WHEREAS , on January 27, 2016, the Planning Commission held a duly noticed public hearing concerning the proposed Ordinance , opened the hearing to public testimony , and reviewed all materials in the staff report and accompanying documents concerning the proposed Ordinance ; and WHEREAS , on January 27 , 2016 , based upon all materials and testimony considered, the Planning Commission adopted a resolution recommending that the City Council find the Ordinance exempt from environmental rev iew under the California Environmental Quality Act and adopt the Ordinance ; and WHEREAS, on March 2 , 2016 , the City Council held a duly noticed public hearing concerning the proposed Ordinance , introduced and conducted a first reading of the Ordinance , and considered testimony and evidence at the Public Hearing held with respect thereto; and WHEREAS, on March 16 , 2016, the City Council conducted a second reading of the Ordinance ; and WHEREAS, the City Council has considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.); and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS : Section 1. The City Council hereby finds that the above recitals are true and correct and incorporated herein . 1 Section 2. The City Council hereby finds that the proposed Ordinance is consistent with the City's General Plan, including t he following Goals and Policies of the City's General Plan : Land Use Element Goal LU-1: Land uses and building types that result in a community where residents at all stages of life, employers, workers, and visitors have a diversity of options of where they can live, work, shop, and recreate w ithin Menifee. Community Design Element Goal CD-1: A unified and attractive community identity that complements the character of the City's distinctive communit ies . Policy CD-1.1: Enhance the city's identity through the use of distinct city graphics , such as the city seal , in the design of gateways , street signs , city signage , public facilities and public gathering spaces, and other areas where appropriate . Policy CD-1.3: Strengthen the identity of individual neighborhoods/communities with entry monuments , flags, street signs, and/or special tree streets, landscaping , and lighting . Policy CD-1.4: Provide special landscaping and decorative monument signage in order to highlight arrival and departure from the city. Goal CD-3: Projects, developments, and public spaces that visually enhance the character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict. Policy CD-3.3: Minimize visual impacts of public and private facilities and support structures through sensitive site design and construction . This includes , but is not limited to : appropriate placement of facilities ; undergrounding , where possible ; and aesthetic design (e.g ., cell tower stealthing). Goal CD-4: Recognize, preserve , and enhance the aesthetic value of the city's enhanced landscape corridors and scenic corridors . Policy CD-4.6: Prohibit outdoor advertising devices (billboards , but not on-site signs identifying a business on the same property as the sign) within 660 feet of the nearest edge of the right-of-way line of all scenic corridors as depicted on Circulation Element Exh ibit C-8 and the entire length of 1-215 ; city Community Information Signs or other city- sponsored signs are not subject to this requirement. Policy CD-4.7: Design new landscaping , structures, equipment, signs , or grading within the scenic corridors for compatibility with the surrounding scenic setting or environment. Goal CD-6: Attractive landscaping, lighting, and signage that conveys a positive image of the community . Policy CD-6.7: Integrate project signage into the architectural design and character of new buildings . 2 Policy CD-6.8: Discourage the use of flashing, moving, or audible signs . Section 3 . The City Council finds that with the creation of a new Municipal Code Chapter 9. 76 "Sign Regulations" for the City of Menifee, the following Ordinances previously adopted by the City are no longer needed, and therefore they are hereby repealed and shall be of no further force or effect: Ordinance No. 348 Article XIX, Ordinance No. 679 and Ordinance No. 806 . Section 4 . The Menifee Municipal Code is hereby amended to add a new Chapter 9 . 76 to read in its entirety as follows: "Chapter 9.76 'Sign Regulations' Sections: Section 9.76.010 Purpose and Intent Section 9.76.020 Definitions; Signs Section 9. 76.030 Permit Required Section 9.76.040 Types of Sign Permits Section 9. 76.050 Prohibited Signs Section 9.76.060 Signs Exempt from Permit Requirements Section 9.76.070 Application Process Section 9. 76.080 Appeals Section 9.76.090 Administrative Relief Section 9. 76.100 Sign Violations and Enforcement Section 9. 76.110 General Regulations Section 9.76.120 Message Substitution Section 9.76.130 Sign Measurement Standards Section 9.76.140 Permanent On-Site Sign Standards Section 9. 76.150 Temporary On-Site Commercial Sign .Standards Section 9.76.160 Off-Site Commercial Signage Section 9. 76.170 Electronic Display Signs Section 9.76.180 Nonconforming Signs and Abandoned Signs 9.76.010-Purpose and Intent. The City recognizes that signs are an essential element of a community's visual appearance and provide a means to identify and promote businesses and provide information to the public . With proper regulation, signs may be displayed in a manner that effectively communicates their message while maintaining an attractive community appearance and ensuring they do not become visual distractions that pose potential safety issues. These regulations are intended to create a comprehensive and balanced system of sign regulation that will facilitate communication and simultaneously serve various public interests, including, but not limited to, safety and community aesthetics. 9.76.020 -Definitions; Signs 1. "A-frame sign" means a freestanding portable sign usually hinged or attached at the top and widening at the bottom to form a shape similar to the letter "A." 3 2. "Abandoned sign" means a sign which no longer directs, advertises or identifies a legal, existing business establishment, product or activity on or off the site where such sign is displayed. 3. "Address sign" means a sign that displays the address of a residence, business and/or property and that contains no advertising. 4 . "Animated sign" means any sign that uses movement or change of lighting, including reflective lighting to depict action or create a special effect or scene. 5. "Attached sign" means any sign or advertising device which is permanently affixed to a structure or building. 6. "Automobile Center" means a location at which new and/or used automobiles, trucks, vans , trailers, recreational vehicles, boats, motorcycles or other similar motorized transportation vehicles, are leased and/or sold on site. 7. "Awning sign" means any sign or graphic attached to, painted on or applied to an awning or canopy. 8. "Backlit channel letter sign" means a type of sign utilizing opaque channel letters with an open back. Backlit channel letters contain the only source of light that projects such light onto the background against which the channel letters are silhouetted . Also known as a halo sign . 9. "Balloon" means any mobile device that is inflated with gaseous materials and is used for the purpose of attracting attention whether or not it contains a written or graphic message . 10. "Banner sign" means any cloth bunting, plastic, paper, fabric or similar material attached to or pinned on or from any structure, used for the purposes of advertising a business, organization , service, product or event. Flags and flag signs shall not be considered banners. 11. "Billboard" means a free-standing off-site sign which advertises a name, place, product, service or any other subject not related to the property or use of the property on which it is located . Also see "off-site sign ." 12 . "Blade Sign" means any sign, other than a wall or projecting sign, which hangs from a building and extends perpendicular from the face of a building 13. "Business directory" means a sign identifying the location of occupants of a building or a group of buildings which are divided into rooms or suites used as separate offices, studios or shops. 14 . "Business frontage" means that portion of a business fac;:ade which encloses an individual tenant and/or business fronting on either a public street, common use parking area, pedestrian area or driveway, excluding alleys. 15 . "Can sign" means a type of wall sign that utilizes a cabinet or similar enclosure affixed to a wall, and typically has a replaceable lens or sign face . Also known as a lens sign . 4 16 . "Channel letter sign" means a sign utilizing individual letters and/or numbers, that protrude away from the wall or structure on which the letters and/or numbers are individually mounted . 17 . "Common use parking area" means an on-site parking lot that a business has access to for providing parking for its tenants and customers. 18 . "Construction sign" means a temporary sign containing information pertaining to the development on the site where the sign is located, which may include the name of the project, the developer, contractor, architect, financing source, future occupants or other information directly related to the development. 19. "Copy" means any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign. 20 . "Customary maintenance" means the replacing or repairing of a part or portion of a sign necessitated by ordinary wear and tear, or the reprinting of existing copy without changing the wording, composition or color of said copy . 21. "Detached Sign ." See "free-standing sign ." 22 . "Directional sign, on-site" means any on-site sign which is designed, erected and maintained to serve as public convenience in directing pedestrian and/or vehicular traffic, but not used for the purpose of advertising uses or activities on the site . 23 . "Double-faced sign" means a single structure designed with the intent of providing copy on two sides . 24 . "Drive-up menu board" means a sign identifying the food items sold on the site and may include means to order the food from a vehicle to be picked up at a drive-up window . 25 . "Electronic display sign " means any sign with a fixed or changing display/message composed of a series of lights , but not including time and temperature displays . 26 . "Exposed raceway" means an enclosure or conduit that is used to conceal wiring for a lighted sign and is visible from any elevation , typically located between the sign and the building to which the sign is attached . 27 . "Externally lighted sign " means a sign whose illumination is arranged so that the light is reflected from the sign to the eyes of the viewer. 28 . "Finished grade" means the established finished grade after construction , exclusive of any filling, berming, mounding or excavat ing solely for the purpose of locating a sign . 29 . "Flag" means a visual device with no commercial copy , usually rectangular in shape and made of a cloth material suspended by , or attached to , a pole or post and that may be raised or lowered. 30. "Flag sign" means a visual display device with commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a post or pole and may be raised and lowered. 5 31. "Flashing sign" means any electric sign which intermittently flashes on and off, changes in intensity or creates the illusion of flashing in any manner. 32 . "Free-standing sign" means a sign which is supported by one or more braces, poles, posts or other similar structural components that are placed on or anchored in the ground and are not attached to a building or buildings. Free-standing signs include monument and pole signs. 33 . "Freeway-oriented sign " means any sign whose primary purpose is to identify the business to motorists on the freeway . 34. "Freeway visible sign" means any s ign that may be visible from the freeway, but whose primary purpose is not to be freeway-oriented . 35 . "Frontage " means that part of a building or a site that fronts on a street. 36 . "Garage sale sign" means a tempora ry sign for the purpose of advertising a garage sale . 37 . "Grand opening sign " means a temporary promotional sign used by newly established businesses to inform the public of their new location and service . "Grand opening" does not mean an annual or occasional promotion of retail sales by a business . 38 . "Human sign " means any person wearing, carrying and/or moving a sign, or functioning as a sign, to attract the attention of motorists or pedestrians to a business, product or event. Human signs include, but are not limited to , sign spinners and costumed humans. 39. "Illegal s ign" means any sign not authorized or permitted by this Chapter or a sign erected without first obtaining the required approval or for which the required permit has expired or been revoked. 40. "Internal directional sign " means a sign placed on private property that serves solely to guide or designate the location or direction to any place or area on that property . 41. "Internally lighted sign" means a sign whose illumination is entirely within the sign, making the contents of the sign visible at night by means of a light being transmitted through translucent or semi-translucent material, but with the source of the illumination itself not being visible . 42 . "Kiosk" means a free-standing, round or multiple-sided structure whose main purpose is to display signs or information . 43 . "Logo " means a trademark or symbol of an organization which is registered with the federal or State government and consistently used in conducting the business activities of said organizat ion. 44 . "Marquee" means a permanent structure that is typically attached to and supported by a building and that projects beyond the building wall and usually uses changeable copy . 45 . "Master Sign Program" means a spec ific set of design standards established for the purpose of unifying a variety of signs associated with a multitenant or multiuse project , building or complex of buildings. 6 46 . "Model home sign" means signs advertising or related to a model home complex . 47. "Monument sign" means a free-standing cabinet or panel sign mounted on, or within a base, above grade, which is detached from any building and the sign structure is not narrower than the display surface of the sign. 48 . "Mural, noncommercial" means a hand-produced work of visual art that is tiled or painted directly upon, or affixed directly to, a building or wall and that is not intended to advertise a product, service or business. "Mural, noncommercial " shall not include mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl; murals containing electrical or mechanical components ; or changing image murals . 49 . "Mural , commercial" means a display or illustration painted on a building or wall intended to advertise a product, service or business. 50. "Neon-style sign" means a sign that , in part or in full, is made of lighting that utilizes neon or other gases within translucent tubing, or other lighting that has a similar look. 51 . "Off-site sign " means a sign which advertises or directs attention to a person , establishment, merchandise, business, service, event or entertainment which is not located, sold, produced, manufactured, provided or furnished on the site, parcel and/or lot where the sign is located . 52. "On-site sign" means a sign which advertises or directs attention to a person, establishment, merchandise, business , service , event or entertainment which is located, sold, produced, manufactured, provided or furnished on the site, parcel and/or lot where the sign is located . 53. "Pole sign" means a free-standing sign directly supported by a sign structure consisting of poles, posts or braces or other similar components that is narrower than the display surface of the sign . 54 . "Portable sign " means a sign that is easily transported and not permanently fixed to a building , permanent structure, fixture or the ground and usually displayed in front of the business. Portable signs do not include banner signs, grand opening signs or real estate signs . 55. "Projecting sign" means a sign , other than a wall sign, that projects more than 12 inches from, and is supported by , the wall to which it is affixed, and does not project above the wall to which it is attached . 56. "Public right-of-way" means any street , highway, walk, alley, channel , public easement , bicycle trail or other ways in which the public has a proprietary right. 57 . "Real estate sign " means a sign indicating that the site or building is for sale, lease or rent. 58 . "Regional center" means a retail or business center exceeding twenty (20) acres in overall project area and containing more than 200,000 square feet in building area. 7 59. "Retail , primary establishment" means a retail tenant of a multi-tenant center that serves as a primary attractor of customers t o the center and has a larger lease space than other tenants in the center, as determined by the Community Development Director. 60. "Retail, sub-establishment" means a retail tenant of a multi-tenant center that is not a "retail, primary establishment," as defined in this Section. 61. "Roof sign " means any sign which is erected, constructed or maintained on or above a roof system, plate-line , roof-line or parapet of any building. 62 . "Service station sign" means signage that is utilized to identify or advertise the servicing of motoring vehicles, including the sale of gas. 63. "Sign" means any object , device , display or structure, or part thereof, that is used to identify, display, direct or attract attention to an object, person, institution, organization , business, product, service, event or location by any means , including words, letters, figures, design, symbols , fixtures, colors , illumination or projected images. 64 . "Sign area" means the entire area of a sign face, including the nonstructural perimeter trim, but excluding structures or uprights on which the sign is supported, unless such supports or uprights are designed in a manner as to form an integral background of the sign. 65. "Subdivision sign " means a sign advertising or identifying a residential subdivision. 66 . "Subdivision directional sign" means a sign consisting of the name of a subd ivision and a directional arrow that directs people to a new residential subdivision. 67 . "Temporary sign" means any sign that is intended to be displayed for a short duration of time, that is not permanently mounted and that is not intended for permanent display. This includes, but is not limited to, noncommercial murals, human signs , signs held by hand and signs personally attended to . 68 . "Unma intained sign" means a sign that is not maintained in a safe, presentable, and good structural condition at all times, including, but not limited to, replacement of defective parts, painting, repainting, cleaning and other acts required for proper sign maintenance. Signs which are faded, tattered and/or torn shall be considered unmaintained . 69 . "Wall sign" means any sign which is attached to, painted on or erected upon the exterior wall of a building or structure including the parapet, with the display surface of the sign parallel to the building wall. 70 . "Window sign" means any sign painted, attached, glued or otherwise affixed to the interior or exterior surfaces of a window or located within five feet of the interior side of a window for the primary purpose of being visible from the exterior of the building . 71 . "Wind-driven sign" means a single or series of pennants or other similar objects which are fastened together at intervals by wire , rope, cord , string or by any other means and which are designed to move and attract attention upon being subjected to pressure by wind or breeze . Certain flags and flag signs may not be considered a wind-driven sign . 8 9.76.030 -Permit Required. All signs, both permanent and temporary, require a permit prior to being placed or erected , unless specifically exempt from permitting requirements under this Chapter. The permits required under this Chapter are in addition to any other permits, licenses, or other approvals required by local, State or federal law or regulation. 9. 76.040 -Types of Sign Permits. A) Temporary Sign Permits. A Temporary Sign Permit shall be required for all temporary signs prior to erection, relocation, alteration, or replacement, unless otherwise exempted by this Chapter. B) Standard Sign Permit. A Standard Sign Permit shall be required for all permanent signs prior to erection, relocation, alteration, or replacement , unless otherwise exempted by this Chapter. A Standard 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). In addition, a Standard Sign Permit shall not be required if a Master Sign Program has been approved for the property on which the sign will be located and the sign is consistent with the existing Master Sign Program. C) Master Sign Program . A Master Sign Program shall be required for all 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. The purpose of a Master Sign Program is to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement of high quality. 9.76.050 -Prohibited Signs. 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, unless specifically authorized by another provision of this Chapter. A) Any sign inconsistent with the requirements of this Chapter. B) Roof signs or signs placed above the roofline, except if allowed as part of an approved Master Sign Program . C) Blinking and Flashing signs. D) Pennants, banners, A-frame ("sandwich board") signs, and flags displaying a commercial message unless allowed through a Temporary Sign Permit. E) Signs which are mobile , rotate, or move, except if allowed as part of an approved Master Sign Program . F) Signs which block a pedestrian path of travel. G) Obscene or unlawful advertising . 9 H) Off-site commercial signs, except as provided in Section 9. 76.160 (Allowed Off-Site Signage). I) Signs placed in the public right-of-way or affixed to an element or structure on the public right-of-way, or located on a tree, fence, utility pole or other item located on public property, except where required by a governmental agency. J) 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, except if approved as part of a temporary sign permit for a property occupied by an auto center. This category also includes air-activated or air-blown signs and "air dancer" signs . K) Neon-style signs with or without exposed tubing, except as otherwise permitted for commercially zoned property and as part of exempt window signage . L) Painted signs, such as signs painted upon a fence, unless a noncommercial mural or part of a Master Sign Program. M) Signs affixed to vehicles or trailers that advertise or promote a business that are the primary purpose of the vehicle (e .g., rolling billboard). This prohibition does not apply to signs permanently affixed to the side of a business or commercial vehicle (e.g., vehicle wraps on a delivery or service vehicle) or to signs required by state or federal law (e .g ., contractor's license number). N) Signs attached to light standards unless part of a Master Sign Program or the City's street banner program. 0) Signs affixed to or placed on a structure or property not owned by the person installing the signs without the written consent of the structure or property owner. P) Signs that are dilapidated, abandoned, or in disrepair or dangerous condition . Q) Pole signs. R) Any sign not expressly authorized pursuant to this Chapter. 9.76.060-Signs Exempt from Permit Requirement. The following sign types are expressly exempted from the permit requirements of this Chapter so long as they comply with the standards set forth in this Section . i) Official traffic signs or other municipal governmental signs, legal notices, signs required by law and placed by governmental entities, public utility and safety signs required by law and any notice posted by a governmental officer in the scope of his or her duties. ii) 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. 10 iii) Noncommercial utility company signs identifying cables, conduits, and dangerous situations. iv) Street address signs on buildings and building identification signs consistent with the City- adopted building code, all applicable provisions of the City Municipal Code and standards set by the entity providing fire protection services in the City. Notwithstanding anything to the contrary in this Chapter, street address signs may be illuminated and may contain reflective paint or material. v) Signs and advertising for the California state lottery that are authorized by State law. vi) Signs on vehicles or vessels that are any of the following: license plates, license plate frames, registration insignia, noncommercial messages, commercial messages relating to the business for which the vehicle or vessel is an instrument or tool, and messages relating to the proposed sale, lease, or exchange of the vehicle or vessel. vii) Noncommercial flags. Flags associated with a model home complex or other leasing or sale of homes shall not be considered non-commercial flags. viii) Interior signs, not including window signs as defined in Section 9.76.020. ix) Tombstones and similar identifying objects marking a grave . x) Signs on property undergoing construction or remodeling. One such sign is permitted per site during the duration of the active construction or remodel. The sign may not exceed thirty-two (32) square feet each in area and eight (8) feet in height, and it must be set back a minimum of ten (10) feet from the property line. 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. If construction ceases for a period of 180 days, the sign shall be immediately removed, unless the City, in its sole discretion, allows the sign to remain. xi) Signs on property for sale, lease, or rent as follows, provided that such signs are removed within ten (10) days of close of escrow on the property or structure, or portion thereof, being sold, leased or rented: a) On residential property with twelve (12) dwelling units or less, one (1) sign not exceeding four (4) square feet in area and not exceeding a height of five (5) feet. On weekends and holidays, up to four (4) signs to direct traffic to the subject property are allowed , provided each sign does not to exceed eight (8) square feet in area and three and one-half (3~) feet in height. All such signs shall be located outside the public right-of-way and shall not be illuminated. b) On multi-family property with more than twelve (12) dwelling units, one (1) sign (attached to building or freestanding) per street frontage not exceeding twenty -four (24) square feet in area and not exceeding five (5) feet in height. All signs shall be located outside the public right-of-way and shall not be illuminated . c) On nonresidential and mixed-use property, one (1) sign per street frontage, not exceeding thirty-two (32) square feet in area and eight feet (8') in height. The sign 11 shall not be illuminated. One such sign is permitted per six hundred feet (600') of frontage along a given street. xii) Internal directional signs, such as exit, entrance, or other on-site pedestrian or vehicular traffic directional signs. The maximum height of any internal directional sign shall be forty-two (42) inches and the maximum area shall be four (4) square feet. No advertising or message other than directional indications shall be displayed . xiii) Temporary noncommercial signs consistent with the following requirements: a) Temporary noncommercial signs on non-residential private property, not exceeding thirty-two (32) square feet in aggregate area and not exceeding six (6) feet in height. b) Temporary noncommercial signs on residential property, not exceeding six (6) square feet in area per sign, not exceeding a height of six (6) feet and not exceeding an aggregate area of twelve (12) square feet. Such signs must be set back at least three (3) feet from the public right-of-way and shall not project above the roofline of any structure . c) Temporary noncommercial signs on multi-dwelling unit residential property, limited to one (1) for each dwelling unit or rentable room on the property, not exceeding four (4) square foot in area per sign and which are attached to and parallel with the building. d) Temporary noncommercial signs related to an event, limited to one (1) per parcel with a maximum size of four (4) square feet in area . Such signs may not be located in the public right-of-way, and they may be placed no more than fifteen (15) days prior to the event to which they relate and they must be removed no later than seven (7) days following the event. The 15-day limitation on advanced placement of signs shall not apply to signs related to an election. xiv) Signs held by hand or personally attended to that display a noncommercial message, that are located on private property outside of any vehicular traffic lane, and that are consistent with the following standards: a) The maximum aggregate size of all signs held or personally attended by a single person shall be twelve (12) square feet. Apparel and other aspects of personal appearance do not count toward the inaximum aggregate sign area . b) The maximum size of any one s ign which is held or personally attended by two (2) or more persons is thirty-two (32) square feet , measured on one side only. c) The sign must have no more than two (2) display faces and may not be inflatable or air-activated. xvii) Window signs . Window signs (permanent or temporary) shall not cover more than thirty percent (30%) of the window area for each window of a commercial establishment. A commercial establishment's window signage may include up to two neon-style signs, with a maximum aggregate area of four (4) square feet, except as otherwise approved as part of a Master Sign Program. 12 9. 76.070 -Application Process. A) Method of Applicat ion. An application for a Standard Sign Permit, Temporary Sign Permit, or Master Sign Program shall be made on the form(s) prescribed by the Community Development Department. The applicat ion shall be accompanied by a fee in an amount established by resolution of the City Council. B) Review Authority . The Community Development Director, or his/her designee , shall be the review and decision-making authority for all sign permits required by this Chapter, unless the sign permit application is accompanied by a variance request and/or is not exempt from review under the California Environmental Quality Act (CEQA). For sign permit applications accompanied by a variance request and/or that are not exempt from CEQA, the Planning Commission shall be the review and decision-making authority . In addition , the Community Development Director may , on a case-by-case basis, refer an application for a Master Sign Program to the Planning Commission , in which case the Planning Commission shall be the review and decision-making authority for that application. C) Processing of Applications. i) Completeness . The Community Development Director shall determine whether an application contains all the necessary information and items. If it is determined that the application is not complete, the applicant shall be notified personally or in writing within five (5) business days for Temporary Sign Permits, fifteen (15) business days for Standard Sign Permits, and thirty (30) business days for Master Sign Programs , of the date of receipt of the application that the application is not complete and the reasons therefore, including a listing of any additional information necessary to render the application complete. The time frames set forth in this paragraph are subject to reasonable extension by the Community Development Director if notification from the City within such time frames is infeasible due to, for example , a holiday weekend . ii) Disqualification . A sign application shall not be approved if: a) The applicant has installed a sign in violation of the provisions of this Chapter and , at the time of submission of the application, each illegal sign has not been legalized, removed, or included in the application; b) There is any other existing code violat ion located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the proposed sign(s); c) The application is substantially the same as an application previously denied, unless (i) twelve (12) months have elapsed since the date of the last application , or (ii) new evidence or proof of changed conditions is furnished in the new application ; d) The applicant has not obtained any applicable required use permit. D) 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 . 13 E) Temporary or Standard Sign Permit Issuance . The Commun ity Development Director shall issue a Temporary Sign Permit within five (5) calendar days of an application being deemed complete if the Community Development Director determines the proposed signs are in conformance with the requirements of this Code . The Community Development Director shall issue a Standard Sign Permit within thirty (30) calendar days of an application being deemed complete if the Community Development Director determines the proposed signs are in conformance with the requirements of this Code . F) Master Sign Program Approval. The Community Development Director shall approve a Master Sign Program, if exempt from CEQA and if no variance is required, within sixty (60) calendar days of an application being deemed complete if the Community Development Director determines the proposed signs are in conformance with the requirements of this Code, and the design, location , and scale of proposed signs for the integrated development are in keeping with the architectural character of the development. The Community Development Director may impose conditions in order to ensure compliance with this Chapter and to prevent an adverse or detrimental impact on the surrounding neighborhood . G) Form of Decision . The Community Development Director's decision concerning a Temporary Sign Permit, a Standard Sign Permit or a Master Sign Program shall be in writing and delivered to the applicant personally , electronically , or via mail at the address provided on the application . The processing time periods set forth in this Section may be waived by the applicant. If a decision is not rendered within the time periods described in this Sect ion, or as otherwise agreed to by the applicant, then the application shall be deemed denied. H) Permits Issued in Error or in Conflict with this Chapter. Any approval or permit issued in erro r may be summarily revoked by the City upon written notice to the holder of the reason for the revocation . Any permit or authorization of any type issued in conflict with the provisions of this Chapter shall be null and void. I) Inspections. Inspection and approval of foundations, as well as a building permit, are required when a sign includes a footing design . The purpose of such inspection is to allow the inspector to verify the size and depth of excavated footing, reinforcement method, etc . All signs subject to th is permit requirement require final inspection and approval by both the Community Development Department and Building and Safety Department. 9. 76.080 -Appeals. A) Right to Appeal. Any applicant aggrieved by a decision of the Community Development Director on an application for a Temporary Sign Permit , a Standard Sign Permit and/or a Master Sign Program may appeal such decision to the Planning Commission, and the Planning Commission 's decision may be appealed to the City Council. The City Council's decision shall be final. B) Appeal Process . Appeals shall be filed and processed in accordance with Section 2.20.150 of this Code . Except for signs that constitutes a significant and immediate threat to publ ic health or safety, the status quo of the subject sign(s) shall be mainta ined during the time an appeal is pending. 14 9.76.090-Administrative Relief A) Purpose. The administrative relief procedure established by this Section is intended to allow for flexibility in regulations when a standard is inapplicable or inappropriate to a specific use or design . Administrative relief approval is required when any deviation is proposed from the sign regulations set forth in this Chapter. Administrative relief may not be granted for prohibited signs . B) Persons Eligible. For signs to be located on private property, the property owner or authorized agent of the property owner may initiate a request for administrative relief. For signs to be located on public property, a request may be initiated by the person, business or organization that will be responsible for the sign . C) Application. The information listed below is required at the time an administrative relief application is submitted to the Community Development Department: i) A complete and signed application . ii) A letter of justification describing the request, including the specific provisions of this Chapter from which relief is being sought. The letter shall also explain how the required findings for administrative relief can be made . iii) A processing fee as set forth by resolution of the City Council. iv) Other information as required by the Community Development Director. D) Approval Body. i) The Community Development Director shall have the authority to approve an administrative relief request in the following circumstances: a) Increase in the maximum sign height by no more than ten percent or 12 inches, whichever is less; b) Increase in the permitted letter height by ten percent; c) Increase in the permitted sign area by no more than ten percent; ii) Any request for administrative relief that is accompanied by an application for another land use approval, such as a conditional use permit, shall be acted upon by th .e approval body for the other approval. iii) For all other requests, the Planning Commission shall be the approval body. E) Hearing and Notice. In situations where the Community Development Director is acting as the approval body, no public hearing or notice shall be required. In situations where the Planning Commission is acting as the approval body, at least one noticed public hearing shall be held concerning the administrative relief request, and the Planning Commission shall by resolution approve, deny, or approve in modified form the administrative relief request based on the findings set forth in Subsection (F) of this Section . 15 F) Findings. In order for the approval body to approve administrative relief from sign standards, the approval body shall make all of the following findings : i) The intent of this Chapter is being preserved. ii) The proposed sign will enhance and harmonize with other on-site signs and with the site, building , and/or use being identified by the sign. iii) The proposed sign will not negatively impact the aesthetics of the subject site or the surrounding properties. G) Appeal. An action of the Community Development Director with respect to an administrative relief application may be appealed to the Planning Commission, and an action of the Planning Commission may be ap'pealed to the City Council. Appeals shall be filed and processed in accordance with Section 2.20 .150 of this Code . H) Enforcement and Revocation . Any administrative relief approval may be revoked upon failure to comply with any of the conditions or terms of approval, or if any law or ordinance is violated in connection with the administrative relief approval. 9. 76.100 -Sign Violations and Enforcement. A) Enforcement Authority . In addition to any other person authorized to enforce the provisions of this Code, the City Manager, or his or her designee, shall be authorized to enforce the provisions of this Chapter. 8) Public Nuisance . Any sign erected, constructed, altered , enlarged , converted, or moved contrary to the provisions of this Chapter, and any illegal, abandoned , or unmaintained signs are hereby declared to be public nuisances. C) Removal of Signs . i) Notice of violation. Where it is determined that a sign has been erected or installed in violation of this Chapter, abandoned, or improperly maintained, or an applicable permit has terminated or been revoked, or the sign is otherwise in violation of this Chapter, written notice of such determination and the grounds therefor shall be sent or delivered to the owner of the sign or, where ownership is not known, to the owner of the property where the sign is posted . The notice shall give the owner five (5) calendar days to remove the sign, to bring the sign into conformity with the provisions of this Chapter, or to appeal the determination , shall include instructions for how such appeal may be made, and shall set forth the owner's right to reclaim the sign upon payment of costs . If the sign is not removed within that time period , the violation is not corrected, and an appeal is not received , the sign may be removed and stored by the City . Signs removed by the City that are not retrieved by the sign owner within five (5) calendar days shall be considered abandoned and may be disposed of by the City . ii) Emergency removal. When it is determined that the sign in question poses an imminent safety hazard or dangerous condition , such sign may be removed immediately and stored by the City. As soon as possible following removal of a sign, the sign owner, if known , shall be given a notice of violation and the right to a hearing by requesting such hearing within five (5) calendar days of receipt of the notice of removal. 16 iii) Appeals. When timely requested, an appeal hearing shall be held within ten (10) calendar days of receipt of the written request. The hearing shall be presided over by a neutral hearing officer selected by the City, and the owner and the City shall be permitted to present evidence and cross examine each other's witnesses. At the conclusion of the hearing, the hearing officer shall prepare a written decision which shall be delivered to the appellant within ten (10) days of the hearing. If the owner establishes the removal to be improper, the owner shall be entitled to a return of the signs without charge . In all other cases, the sign will be returned to the owner only upon payment of removal and storage costs . If the sign is not claimed within 30 days after the decision becomes final, the sign may be destroyed . D) Removal of Temporary Signs by Unauthorized Persons -Prohibited. No person other than those authorized by this section shall remove any temporary sign from any property not owned or leased by that person, including any temporary sign within a public right-of-way. 9.76.110 -General Regulations. A) Construction Requirements. Every sign and all parts, portions, and materials thereof, shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and local laws and regulations. In addition, all signs shall comply with the following criteria : i) 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. ii) All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements . iii) All freestanding signs that incorporate lighting shall have underground utility service unless the lighting is solar powered. iv) 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. v) Signs shall be constructed and located so as to not obstruct line of sight for pedestrians, bicyclists or vehicular drivers, and so as not to pose or create a safety concern . vi) All signs shall be constructed in accordance with all applicable California Building Code and National Electrical Code provisions, as well as in compliance with all legally required clearance from communications and electric facilities . vii) Sign support hardware shall be of a compatible material and design with the sign it supports and shall compliment the architecture and design of building to which it is affixed, if any. Sign supports of a permanent sign shall be reviewed as part of the sign permit process. viii) Signs shall be designed and oriented to minimize light or glare upon adjacent residential properties and public rights-of-way. 17 ix) Sign design, scale, color and materials shall be compatible in style with the building served by the sign . x) Signs shall not be affixed to a fence or a tree, shrub, rock, or other natural object. xi) Sign Siting, Generally a) Attached Signs. Attached signs may be located along any frontage of a structure or building that faces directly onto a public right-of-way or an internal circulation path of the site . Orientation of signs such that they face directly onto adjacent residential property is to be avoided and is allowed only when there is no practical alternative and the impact of the sign from the residence is minimized. b) Freestanding Signs . The minimum setback distance for freestanding signs shall be three (3) feet , measured from the edge of the public right-of-way or side of a driveway . All freestanding signs shall be located outside of any required clear visibility triangle . The minimum spacing distance between permanent freestanding signs , excluding on- site directory signs , shall be fifty feet (50'). 8) 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 non-maintained or damaged portions of a sign shall be repaired or replaced within fifteen (15) calendar days following notification by the City , or within such other extended time period approved by the City . Noncompliance with such a request will constitute a nuisance condition . C) 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 signs undergoing routine maintenance . 9.76.120-Message Substitution. Subject to the property owner's consent, a noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign authorized pursuant to this Chapter, without consideration of message content. 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 . This does not allow for the substitution of an off-site commercial message in the place of an on-site commercial or noncommercial message. 9. 76.130 -Sign Measurement Standards. 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 of 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 18 transparent. In the case of two-sided , multi-s ided, 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 . See Figure 9. 76 .130-1 (Sign Area Measure). 8) Sign Height Measurement. Sign height shall be measured from the base of the sign at finished grade to the top of the highest attached component 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 fifty percent (150%) of the maximum height allowed by th is Chapter. FIGURE 9.76.130-1 SIGN AREA MEASURE SIGN AREA * r-------------,-~ t fSignf I ---I I L-------------J -~ Length 14 Leng th •I FREESTANDING SIGN AREA AREA OF 3-D OBJECTS SIGN SIGN Length Length 9.76.140-Permanent On-Site Sign Standards A) Purpose and Intent. This Section describes standards for permanent on-site signs. All permanent on-site signs require a Sign Permit as described in this Chapter. Except as provided in Subsections (D) through (H), below, permanent on-site signs shall be consistent with the standards listed in Table 9.76.140-1 (Signage Standards for Permanent On-Site Signs) as listed by base zoning district. 8) General Sign Development and Design Requirements . The following general design requirements shall apply to permanent on-site signs . i) 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 cpnsider compatibility with such residential area . 19 ii) 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) Unless otherwise permitted by another requirement of this Chapter, 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, as well as all applicable provisions of this Code, including Chapter 6.01 (Dark Sky; Light Pollution). C) Development and Design Standards for Specific Sign Types . The following additional requirements shall apply to the specific sign types identified: i) Awning, Canopy and Umbrella Signs . Awning, canopy and umbrella signs may be permitted only as an integral part of the awning, canopy or umbrella to which they are attached or applied . They shall be considered wall signs for signage area calculation purposes ; however, if the sign does not contain any text, it shall not be considered a sign for allowable signage area calculation purposes. Awning signs shall only be allowed for first-and second-story occupancies, and temporary signs shall not be placed on or attached to awnings , canopies or umbrellas unless authorized pursuant to a Temporary Sign Permit. ii) Monument Signs. Monument signs shall only be permitted as follows : a) In an effort to promote full architectural integration of signs, voids between the sign face and the sign structure are prohibited. Either the sign face shall utilize the full width of the sign structure or coverings that are architecturally consistent with the rest of the sign shall be used 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 fa9ade of the building is made of brick or brick veneer, a complementary monument sign would also include brick . c) For monument 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 eight (8) square feet. All tenant signs shall have a minimum letter height of eight (8) inches . The maximum number of tenants is four 20 tenants on each sign face . The two sign faces of a monument sign are not required to be identical in terms of tenant identification . d) Landscaping shall be provided at the base of the sign . At a minimum, landscape area shall be equal to the area of the sign . The Planning Commission may reduce this ratio during formal project review if found necessary and/or appropriate for the overall design of the proposed project. Landscaping shall be complementary to the landscaping for the overall site, shall be appropriately irrigated and shall include flora arrangements that include drought tolerant annuals and perennials, which are designed to facilitate maintenance as well as enhanced aesthetic quality. The design of the landscaping shall be such that natural growth will not obscure the sign from the public right-of-way . iii) Projecting Signs. Projecting signs, including, but not limited to, blade signs , bracket signs, and marquee 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 fa9ades , except for businesses located above the ground level with direct exterior pedestrian access , and shall be spaced to maximize visib ility of the signage . b) Angle of projection. Projecting signs shall either be located at right angles to the building front along the building fa9ade, or, when located on the corner of a building , at a forty-five (45) degree angle to the corner of the building . c) Height. The lowest point of a projecting sign shall be a minimum of eight (8) feet above grade . d) Projection and Suspension . The sign may project a maximum of five and a half (5 .5) feet from the building and the sign shall be suspended with a clear space of at least six (6) inches between the sign and the building. e) Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign . f) Encroachment. Blade , bracket , or marquee signs may not encroach into the public right-of-way or be located above it, into a designated emergency vehicle/fire access lane, or into City-owned property without first obtaining an encroachment perm it. iv) Wall Signs. a) Wall signs shall not project more than s ix (6) inches from the building fa9ade . b) Wall sign raceways shall be concealed from public view (e .g., w ithin 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 . c) Channel letters, reverse channel letters , and pushpin letters are required . Use of can signs is prohibited . 21 d) Signage containing multiple elements (e.g ., logo and text) on one fagade shall be designed so that the multiple elements are located and scaled with relationship to each other. v) Neon-style Signs . Neon-style signs for business identification are only permitted in commerc ial zoning districts as part of a Master Sign Program , except that four (4) square feet of neon-style window signage shall be allowed by right in all districts. Neon tubing shall be fully enclosed in a metal frame and covered with Plexiglas. Neon-style banding of buildings for architectural detailing is prohibited. vi) Menu/Order Board Signs for Drive-In and Drive-Through Uses . Each drive -in or drive-through use is permitted two (2) menu/order board signs and one (1) clearance bar per drive-through lane . Such menu/order board signs and clearance bars shall not count as signs for purposes of Table 9.76 .140-1 (Signage Standards for Permanent On- Site Signs), either in terms of number or area . The maximum height for a menu/order board sign shall be six feet (6') and the maximum area allowed for each sign is fifty (50) square feet. No alterations or additions (e .g., rider signs) along the exterior of a menu/order board sign or clearance bar are permitted . vii) Home-Based Businesses in Residential Neighborhoods. Provided the business is properly licensed and in compliance with all other applicable laws and regulations, a home-based business shall abide by sign regulations set forth in this Code for such businesses . viii) Regional Centers and Automobile Centers. The maximum number of signs perm itted, maximum area, and maximum height of signs for regional shopping and automobile centers shall be determined as part of a Master Sign Program. In addition, to the allowable signage set forth in Table 9.76 .140-1, Regional Centers and Automobile Centers are allowed one additional monument sign , with a maximum height of 55 feet , a maximum width of 20 feet, a maximum of two sign faces and a maximum sign area of 480 square feet per sign face (including center identification). ix) Movie Theatres. Permissible signage and associated regulations for movie theatres shall be as determined as part of a Master Sign Program. x) Service Stations . Signs for service stations shall be cons istent with the standards provided in Table 9. 76 .140-2 (Signage Standards for Permanent On-Site Signs for Service Stations). D) 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 : i) Collective Sign Area . Allowable sign area is either a set square footage per establishment or is based on a ratio of allowable sign area to primary building frontage (e .g., one (1) square foot of sign per one lineal (1) foot of primary building frontage, or 1 sf: 1 If). Where a ratio is described, it applies to the maximum sign area listed in Table 9.76.140-1 (Signage Standards for Permanent On-Site Signs). Sign area is calculated pursuant to Section 9. 76 .130 (Sign Measurement Standards). The total sign area allowed herein for each sign type may be distributed among the maximum number of signs permitted for that 22 sign type . For Commercial, Office, and Mixed-Use Zoning Districts, there are additional wall sign allowances for sub-establishments. ii) 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. TABLE 9.76.140 -1 SIGNAGE STANDARDS FOR PERMANENT ON-SITE SIGNs(1) Res,idential ,Zoning Distri_cts,:' > Institution Wall Sign Monument Sign Multi-Family Wall Sign Complex, ~12 units Monument Sign Multi-Family Wall Sign Complex, >12 units MonumeFJt Sign Permanent Wall Sign Subdivision Identification Monument Sign Sign School Wall Sign Monument Sign Establishments Wall Sign Not in a Multi- Tenant Center 1 sign per establishment 20 sf Roofline 1 sign per establishment 24 sf 6 ft. Roofline or 20 1 sign per street ft ., whichever frontage, maximum 2 12 sf is less signs 6 ft. Roofline or 20 1 sign per street ft., whichever frontage, maximum 2 24 sf is less signs 6 ft. 6 ft. 2 signs per development 24 sf entry 6 ft. 1 per school 20 sf Roofline 1 per school 50 sf 20 ft. 1 wall sign per building face, max3 Max 3 1 sf : 1 If, max Roofline or 20 signs 150 sf ft., whichever total is less between both 23 Retail Establishments Under 100,000 Square Feet in a Multi-Tenant Center Retail Establishments Over 100,000 Monument Sign Wall Sign, Primary Establishment Wall Sign, Sub Establishment Monument Wall Signs , Primary Establishment 1 sign per types street 32 sf 8 ft. frontage, max2 1 sf :1 If, max 1 sign per establishment 150 sf per Roofline or 20 per building face, max 3 establishment ft ., wh ichever is less 1 sign per sub-1 sf.: 1 If, max establishment building 75 sq . ft. total face, max2 1 sign per street 32 sf (3) 8 ft. frontage(2) 6 signs total (maximum 1 sf :1 If max Cannot project 4 signs per building above wall face) plane Square Feeti--~~~~~-+~~~~~~~~-1-~~~~~-+~~~~~__, (Free-Standing or within Multi- Tenant Center) Office Establishments in a Multi-Tenant Center with two stories or less 1 sign per sub- Wall Sign, Sub establishment building 1 sf :1 If max Establishment face, max 3 75 sf (total of 3 signs) Monument Signs 1 per street frontage(4 l 72 sf Wall Sign 1 sf :1 If, max Cannot projec1 above wall plane 12 ft. Roofline 1 sign per establishment (not per tenant) per building face, max 2 50 sf total per Letter height establishment may not Monument Sign 1 sign per building 32 sf(3) per street frontage(2l 24 exceed : 2'6 " Logo may exceed: 4' heigh1 no1 8 ft. Office Establishments in a Multi- Tenant Center with three stories or more Wall Sign 2 building identification signs or primary tenant identification signs and 6 secondary tenant identification signs 3 Story -175 sf; 4 Story -200 sf; 5 Story -225 sq . ft. Monument Sign 1 sign per street 32 sf(3J frontage(2J '· •• ';. • " • '··•-' .i ,d ndustrial Zor:iing ·Distrj cts .. -~: . i' .• .... ~' . ' Roofline. Letter may exceed : height not 3 Story -2'1 O" 4 Story-3' 5 Story -3'4" Logo may exceed : heigh1 no1 3 Story -4'6 " 4 Story -4'1 O" 5 Story -5'4" 8 ft. All Establishments Wall Sign 1 sign per 1 sf : 1 If, max 150 sf total per Roofline establishment per establishment Table Notes: building face, max 2 Monument Sign 1 sign per street frontage(2) 32 sf (3 ) 8 ft. (1) Signage required by the Fire District's standards for multi-family and commercial/industrial facilities are exempt from the limits set forth in this table . {2J May be increased to 2 per street frontage when signs are spaced a minimum of 300 feet apart. Alternatively, the maximum area may be increased to 48 square feet when the site frontage is longer than 500 feet. In no case may these two allowances be combined. (3) On multi-tenant monument signs, 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 eight (8) square feet. (4) May be increased to 2 per street frontage when signs are spaced a minimum of 300 feet apart, but additional signs allowed per this section cannot exceed 8 feet in height and 32 sf in area . 25 TABLE 9.76.140 -2 SIGNAGE STANDARDS FOR PERMANENT ON- SITE SIGNS FOR SERVICE STATIONS Monument Wall Sign, Prima Establishment Wall Sign, Canopy 1 sign per street frontage, max2 1 sign per street frontage, max2 1 sign per street frontage Develop!P~nt~$tan.dards __ . : Max 4 signs total between all types 36 sf ft . 2 sf :1 If, max 50 sf Wall Sign, Establishment Sub 1 sign per sub-12 sf Table Notes: establishment, max2 8 ft. Roofline Roofline Roofline or 20 ft., whichever is less r1J Temporary signs are subject to separate permit requirements and regulations set forth in §9. 76 . 150 (Temporary On-Site Commercial Sign Standards) of this Code . r2J The total maximum area includes pricing information required by Business and Professions Code §13530, et seq. 9. 76.150 -Temporary On-Site Commercial Sign Standards A) Permit Required . With the exception of signs exempt from permitting requirements under this Chapter, all temporary on-site commercial signs shall require a Temporary Sign Permit prior to their placement. Temporary on-site commercial signs include, but are not limited to, signs for grand openings or for special product, sale, or event advertising. Temporary on-site commercial signs must comply with the standards listed in Table 9 .76 .150-1 (Allowed Temporary On-Site Commercial Sign Standards). B) Time Duration i) Generally . Display periods for temporary on-site commercial signs shall be limited to a maximum of ninety (90) days per calendar year, with a maximum of forty-five (45) consecutive calendar days at a time . Longer durations may be permitted through issuance of a Conditional Use Permit. 26 ii) Subdivision Signs. All temporary on-site commercial signs for subdivisions shall be removed within ten (10) days after all lots in the subdivision are sold. The subdivider shall provide the City with a deposit in an amount established by resolution of the City Council to ensure compliance with such requirement. C) Illumination . Temporary signs shall not be illuminated. TABLE 9.76.150-1 TEMPORARY ON-SITE COMMERCIAL SIGN STANDARDS ~~l(g, ~-'';'~i:~·~{_[fb~r:.~·:· -::{ DevelopijtenfStandards ··· ·· ,··,~;:;\t;r~,.t;.8\-'(;J' ,,, -', • t .. '? -:,1 ~ - • , 4 / '!• ' ' < -....... , ' .. .. .;; l.':, I .Mi'ilimum / _.,:·sig li Type · ' ' Maximum . \ ,,: ' ,• .. .,, ,, I ! ~' ,~... 'I< ~· Maximum ·. .... ~. . i :.. ... .:>..~ ..... , . ·~ .. . Number· ·Maxim~r;n Area · ·fleight :, :'·Setback from 1~Vt,._l~f:.• ·F ,• "· 1 t 1 ~-·. ·Permitted . ' T ~ •·• ; ~ ... , 'Row<.~) ~ :. ~~ } ~ . . , '..-1:r . > : : .. .,. ., '· ; . ·.. ' ... ··, ;~-.. /• s ' '\'r ···!.-'· . ·,' . . ,. ' ,, .. '. '<-' On-Site Subdivision Signs Flags 6 flags 15 sf per flag 15 ft . 5 ft. Signs on Model Sites 1 per model unit Sales Center Sign 1 per model 16 sf per side, 6 ft . 3 ft. complex max 2 sides 1 sign per 32 sf per side, Other Signs street frontage max 2 sides 15 ft. 5 ft. of the (64 sf total) boundary of the project All Other Uses (2) Wall 1 sign per Roofline 5 ft. 50 sf Freestanding Sign, establishment 8 ft. 5 ft. Excluding Flags Flags 1 flag 30 sf per flag 15 ft . 5 ft. Table Notes: r1J Must be located outside of the clear visibility triangle. (2J Choice of two temporary sign types at a time, unless otherwise approved as part of a temporary event permit. 27 9. 76.160 -Off-Site Commercial Signage A) General Prohibition. Generally, all new off-site commercial signage is prohibited within the city. Existing off-site commercial signs (e .g ., billboards) are considered nonconforming signs and regulated by Section 9. 76 .180 (Nonconforming Signs and Abandoned Signs). Notwithstanding the foregoing, off-site subdivision directional signs are allowed as provided in subsection (B) of this Section. In addition , City signs and City-sponsored signs are exempt from the off-site commercial signage prohibition . B) Off-Site Subdivision Directional Signs . i) Permit Required. Off-Site subdivision directional signs shall require a Temporary Sign Permit. ii) Standards. Off-site subdivision directional signs must comply with the standards set forth in this Subsection, in addition to the general standards applicable to all signs. a) A maximum of six (6) off-site signs may be used to lead customers to the subdivision site. b) Signs shall be no larger than sixty inches (60") by ten inches (1 O") and shall be grouped on a four-sided sign structure as shown in Figure 9.76 .160-1 (Subdivision Directional Sign). c) An off-site subdivision directional sign must be located at least six hundred feet (600') from existing or previously approved off-site subdivision directional signs . d) A sign location plan shall be prepared showing the site of each directional sign and shall be submitted to the Community Development Department prior to the issuance of the Temporary Sign Permit. e) Any such sign approved for a particular subdivision within the City shall not be changed to advertise another subdivision without prior approval of the Community Development Director. f) There shall be no additions, tag signs, balloons, streamers, devices, display boards, or appurtenances added to the sign as originally approved. g) All nonconforming subdivision directional signs associated with the subdivision in question must be removed prior to the issuance of a new Sign Permit. iii) Duration . Off-site subdivision directional signs shall be allowed until all lots in the subdivision are sold out. iv) Building Industry Association Kiosk Directional Sign Program . Off-site subdivision directional signs may be installed through the Building Industry Association of Southern California's Riverside County Chapter (BIA) without the subdivider obtaining a separate permit from the City so long as there exists a valid agreement between the City and the BIA concerning placement and regulation of such signs. All off-site subdivision directional signs installed through the BIA shall be regulated and installed per the agreement and approvals between the BIA and the City. The BIA shall not install any new structures 28 without express written consent of the Community Development Director. If the signs are to be located within the right-of-way , express written consent of the Director of Public Works and Engineering must be obta ined as well. FIGURE 9.76.160-1 SUBDIVISION DIRECTIONAL SIGN -----~'---...; ~,J. i e======~ I I [SHADOW RUN (i I 9. 76.170 -Electronic Display Signs A) No new electronic display signs shall be established except as provided in this Chapter. The City recognizes that as of the effective date of this Chapter there are several electronic display signs within the City. Such s igns, if legal at the time of their erection , are declared legal nonconforming signs and may continue to operate in accordance with Section 9. 76 .180.A (Nonconforming Signs). B) The limitation established by this Section shall not apply to the following types of signs : i) Manually changeable copy signs . ii) Signs providing information on fuel price and grade and fueling stations . iii) Signs located on property occupied by an auto center or a movie theater use, and that are approved as part of a Master Sign Program . iv) Signs owned by the City . v) Signs located on City property. 29 9.76.180-Nonconforming Signs and Abandoned Signs A) Nonconforming Signs. i) Except as otherwise provided by this Section, all existing signs that were legally erected and which do not meet the requirements of this Chapter shall be deemed legal nonconforming signs and shall either be removed or brought into compliance with the City's Municipal Code when a substantial alteration to the sign is made. Change of copy shall not be deemed a substantial alteration. For purposes of this Section, a "substantial alteration" shall be defined as repair or refurbishing of any sign that alters its physical dimensions or height, or replaces any integral component of the sign including, but not limited to, alterations to exterior cabinets, bases, or poles. In addition, substantial alteration shall also include any repair or refurbishing of a sign that exceeds fifty percent (50%) of the depreciated value of the sign and structure, but excepting customary maintenance. "Customary maintenance" shall be defined as any activity or work performed for the purpose of actively maintaining the sign in its existing approved physical configuration and size dimensions at the specific location approved by the City and includes the following: a) Repainting the sign text, cabinet, or other component of the sign without changing the advertising message; or b) Routine replacement of border and trim with substantially the same colors and materials. ii) A legal nonconforming sign may remain in use provided no additions or enlargements are made thereto and no substantial alterations are made thereto, except as permitted for customary maintenance in this Section. If said nonconforming sign is destroyed or removed, or ceases to be used for the use · in existence as of the effective date of the ordinance codified in this Chapter, every future sign at the same location must be in conformance with the 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 one hundred twenty (120) days after the effective date of this Chapter. Section 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance . The City Council hereby declares that it would have adopted this ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 6. The City Council finds that this Ordinance is not subject to review under the California Environmental Quality Act ("CEQA") because it does not fall within CEQA's definition of a "project" given that it does not have the potential for resulting in a direct or indirect physical change in the environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not resulrin direct or indirect physical changes in the environment (CEQA Guidelines 15378(b)(5)). (See CEQA Guidelines 15061 (b)(3)). In addition, and alternatively, the proposed ordinance is categorically exempt from CEQA under the Class 3 (CEQA Guidelines 15303) and 30 Class 11 (CEQA Guidelines 15311) categorical exemptions . Future projects will be individually reviewed to determine CEQA's applicability, and will have their potential impacts addressed under CEQA, if required. Section 7. This Ordinance shall take effect and be in full force and operation thirty (30) days after its adoption. Section 8 . The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law, and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City of Menifee. PASSED, APPROVED AND ADOPTED this 15th day of March, 2016, by the following vote : AYES : August, NOES: None ABSENT: None ABSTAIN: None Denver, Liesemeyer, Mann, Sebek Scott A. Mann, Mayor APPROVED AS TO FORM: Je 31 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH A. MANWARING, City Clerk of the City of Menifee, do hereby attest to and certify the attached Ordinance No . 2016-190 to be the original ordinance adopted by the City Council of the City of Menifee on March 16, 2016 and that said Ordinance was published in accordance with the law. Date : ~u¥201& 32